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On the last day of the convention, September 17, 1787, Benjamin Franklin prepared a speech intended to persuade all the delegates to sign the completed Constitution. Under the Constitution, the Articles were replaced with a political system that consisted of a powerful central government with, ultimately, little state sovereignty. But it has not touched Dodd-Frank, Obamacare, or other major statutes that delegate the power to make policy to the executive agencies. At the Virginia ratifying convention, the predicted probability of a yes vote for an otherwise "average" slaveowner is 0.
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Over time, however, such governments tend to become not only corrupt but insular and sclerotic. 011501042 (Utah 5th Dist. For example, if the relationship between the vote on an issue and the founders' slaveholdings is examined in isolation, a positive correlation may be indicated. Relevant countervailing interests include the reporter's First Amendment interests, see Ashcraft, 218 F. 3d at 288 n. 12, and the public's interest in the free flow of information, Miller, 602 F. at 679-80 (holding information will be released under seal to protect public's interest). The monetary system was in collapse, and the military was dangerously weak. 2d 879, 885 (Pa. 1997); accord Commonwealth v. Bowden, 838 A. Hamilton, who served as one of three New York delegates to the Constitutional Convention, had spent years pondering the issues the delegates would confront. Under Hamilton's system, senators and a national "governor" would be chosen by special electors, and would serve for life. Sanders v. Alabama State Bar, 887 F. 272, 274-75 (M. 1995). But though some things have become abundant, others remain incorrigibly scarce. A founder would have voted in favor of a particular issue at Philadelphia, or in favor of ratification, if he expected the net benefit he would receive would have been greater if the issue, or the Constitution, was adopted. The great difficulty of government, James Madison wrote in Federalist No.
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But the Constitution complicates matters by making each political branch partially dependent on the other: The president can veto laws, but Congress can impeach the president; the president conducts foreign policy, but Congress holds the purse strings. Authoritarian regimes such as China's are sometimes envied sotto voce for their decisiveness and their freedom from democratic muddle. Reviewing and Using the Lesson. Dismisses an economic interpretation as not serious. In cases where the state shield law is being applied, the statute directs that the court take into account whether disclosure is essential to the administration of justice, a fair trial in the instant proceeding, or the protection of the public interest.
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COMPETITION AND THE CONSTITUTION. 665, 709–24 (1972) (J. Powell, concurring). Consideration should also be given to the idea that the press' most important function is to question and investigate the government. The most notable developments, however, are the collapse of competitive federalism and the separation of powers.
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L. 2377, 2381 (D. Ct. 1999), the court concluded that the libel plaintiffs had established the information they sought was relevant to the subject matter, and that the plaintiffs could not obtain the information from any other source. This arrangement is not a matter of deliberate design, like the separation of powers: The states pre-existed the Constitution and simply insisted on it. Federal spending and regulatory policies, from Medicaid to highway funding to the No Child Left Behind Act, are producing national uniformity in key functions of state government that are especially in need of diversity and innovation. "Where Is There Consensus among American Economic Historians? Even before the Revolution began, Hamilton had recognized that the future of America lay in business and industry. Requiring only a majority vote means that Congress may make laws favoring the merchants of the northern and eastern states, at the expense of the agricultural interests of the southern states. Although the Articles of Confederation had organized the 13 states into a loose union, the Articles proved inadequate to the task of effectively governing that union.
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Select one of George Mason's objections and explain what remedies our constitutional government provides for the problem he identified. In its analysis, it determined that the "ready disclosure of confidential sources would have a chilling, perhaps freezing effect on the free flow of truthful information. " Horne v. WTVR, LLC, 893 F. 3d 201 (4th Cir. A few characters of consequence, by opposing or even refusing to sign the Constitution, might do infinite mischief.... No man's ideas were more remote from the plan than [mine are] known to be; but is it possible to deliberate between anarchy... on one side, and the chance of good to be expected from the plan on the other? " The Anti-federalists, the opponents of the Constitution and supporters of a more decentralized government, were individuals whose primary economic interests were tied to real property. Thus, state attempts to manipulate the interstate flow of goods and services to their advantage may be held unconstitutional by the courts in the absence of congressional action.
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These facts are then balanced in determining whether to apply the privilege to the particular information or identity sought. Beard's thesis soon emerged as the standard historical interpretation and remained so until the 1950s, when it began to face serious scholarly challenges. The newspaper also correctly predicted that forcing the reporter to testify would turn journalists into subpoena magnets. State v. St. Peter, 132 Vt. 266, 270, 315 A. If the privilege applies, the party moving for disclosure must demonstrate a compelling need for the information.
These constitutional interests include the guarantees both of due process (pursuant to the Fifth and/or Fourteenth Amendments), the Sixth Amendment's compulsory process/confrontation clauses, and the protection of the integrity of court orders and processes. In the "marketplace of ideas" — from politics to religion, science to philosophy — competition entails publicizing ideas and testing them against the experiences and observations of others. And in New York, Anti-Federalists such as Governor George Clinton held power. A single state could thus block federal tax legislation. The title of this article says it all. Bartlett, 150 Ariz. at 183, 722 P. 2d at 351.