Business Law

3 constitutional powers allow the federal system 2 expand the gov’s power 2 meet the needs of a modern nation in a global economy.

State regulations however, are much more in depth. Each state has their own laws and regulations. Wyoming for example requires that all water supplies within a quart mile of drilling sites be identified before drilling. While Pennsylvania requires that pressure testing is done prior to completion. New York on the other hand focuses more on visual, noise, greenhouse gas and invasive species mitigation plans. While each state has their own rules and regulations, they are all trying to do the same thing, protect their states land and best interest, as well as bring down the price of energy and lower Americas dependency on foreign fuels.

(1) Constitutional Question: Does the Fifth Amendment, The Takings Clause, deny the states as well as the national government the right to take private property for public use without justly compensating the property’s owner?

Taking is by means which the federal or state governments can enforce eminent domain or condemnation of your land or your land rights through just compensation, and fair market value, for public purposes. Meaning, that the government can physically acquire said property for public use or purpose and regulate the use or the manner in which the property is currently controlled. In the below case, Kelo v. City of New London, the term public use is loosely related to public purpose, as the focus was on economic growth for the area, to provide for increased taxes, and even additional employment opportunities. The overall benefits were to the public, but at a cost, who 's cost, the current standing residents required change, by means of uprooting there families and moving. More takings have occurred in the past decade that have benefited private individuals and large corporations that essentially provide more monetary gains to the economy rather than for general public use. The land taken for private benefit has primarily been that of low-income and minority individuals. (Beideman 2007, p.273) Essentially, taking from the poor to empower and strengthen the rich under the guise of economic growth and economic gain.
 In Kelo v. City of New London, Connecticut, nine (9) property owners challenged a redevelopment plan in which called for seizing tracts of publicly owned land, that had domiciles currently inhabited; challengers wanted build new residences, hotels and other

Imagine that someone knocks on your door one day and says, “We’re taking your house away for governmental use.” This idea is known as eminent domain and it is a very controversial dispute in our society. Eminent domain is the governments right to seize someone’s land and home for other purposes that can ultimately benefit the whole community. Even though eminent domain is technically protected by our 5th Amendment, it is meant to be used properly and only in extreme conditions.

“the federal judiciary requiring the states and/or localities to adhere to certain policies” (p. 151.)

This issue also creates a new angle on states’ rights, as each state is legally able to enact its own policies and laws, yet the federal government can ultimately intervene and determine any state’s legislation to be illegal.

As a result, the states face a heavy burden of proof to show that absolutely no economic rationale was factored in their legislation, following the Court’s repeated assertions that “[n]o state may attempt to isolate itself from a problem common to the several States by raising barriers to the free flow of interstate trade.”

Under the doctrine of preemption, federal law preempts state law, even when the laws conflict. The doctrine of preemption is based on the Supremacy Clause established under Article VI of the U.S. Constitution which dictates that federal law “shall be the supreme Law of the Land.”

The U.S. Constitution is the supreme law of the country that establishes the 3 branches of government executive, legislative and judicial. Constitutional law establishes the framework that gives the legislative body the ability to establish laws. It also serves as a protection of our fundamental rights, by not allowing government to overreach its authority. Each of the 50 states is sovereign with its own executive, legislative and judicial branches. This allows each state to maintain its individuality and govern its people accordingly. However, should a conflict between state and federal law arise then the Supremacy Clause, found in Article VI of the Constitution, states that state laws must yield to federal acts.

Since the Supreme Court’s 1803 decision in Marbury v. Madison, the Supreme Court has claimed the final word on what the Constitution means, so state provisions that conflict must yield to those interpretations. And a multitude of decisions by the Justices have interpreted the Tenth Amendment to protect the powers that states have traditionally used as part of government that operates closest to the people themselves.

The first characteristic concerns itself with the element of ‘being private’. A property which is to undergo under the eminent domain proceeding must be privately owned,provided it has been established as so in the contract of property rights of the owner.The second characteristic refers to ‘taking’ which occurs when the property is possessed by the government or when some government regulations impede the use or enjoyment of the property. A taking is realised when the first characteristics are present provided that the owner has an interest to protect his property.It should be noted that taking reduces the value of the property due to involvement of other several external agents,for example, noise.Contrary to eminent domain is inverse condemnation where the private owner puts up a case against the government to hinder acquisition of private

The Framers of the Constitution were worried that providing such a narrow definition would result in the government being unable to adapt to change (Patterson 78). Thus, the implied powers are stated in the Constitution under Article I, Section 8, Clause 18 better known as the Necessary and Proper Clause, and gives Congress the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” This clause allows Congress to adapt to change and implement laws which are necessary given the time. The remaining powers are then given to the states by the Tenth Amendment. Federalism outlined in the Constitution allows for a separation of powers and provides specifics for each level, which ultimately allows for a more balanced form of government.

Ans.1. A basic management function involving formulation of one or more detailed plans to achieve optimum balance of needs or demands with the available resources. > The planning process (1) identifies the goals or objectives to be achieved, (2) formulates strategies to achieve them, (3) arranges or creates the means required, and (4) implements, directs, and monitors all steps in their proper sequence. >>Alternatively a planning The control of development by a local authority, through regulation and licensing for land use changes and building. >>.

Discuss the enforceability of an agreement which lacks consideration. Using legal authorities (relevant statutes and cases) to support your discussion. Answer: A valid contract is an agreement made between two or more parties that creates rights and obligations that are enforced by law. What does the consideration mean? And what does it effect to the agreement? Consideration is something of value exchanged for the promise. It is something given by a promisee in return for something given by the promisor. According section 2(d), Contract Act provides “when at the desire of the