This paper discusses the system of "checks and balances' that the fathers of the Constitution built into the U.S. government and its relationship to present-day issues such as civil rights.
Abstract This paper explains that one of the most vital aspects the founding fathers implemented in the U.S. Constitution was that ability of each branch to check on the other branches to make sure that one branch does not become too powerful. The author points out that one of the most powerful checks, which is not implemented in the Constitution, is judicial review, which has been implemented many times to ensure that the legislative and executive branches have been within the law. The paper states that Congress was established as the major and most powerful body of the government; therefore, Congress has the most checks on the other branches such as, on the executive branch, the power to override presidential vetoes or, on the judicial branch, the power to alter the size of the Supreme Court.
From the Paper "The judiciary branch consists of a system of courts. The courts are political institutions in which the decisions that they make are only as useful as the enforcement methods following. The most known of all the courts is the Supreme Court. The Supreme Court is the superior law of the land and the ruling that are issued are enforced the most. The court chooses which cases it hears, and it hears very few cases ach year. The cases that are heard have gone through a very rigorous selection process. A request is made called the writ of certiorari, from there the "Rule of Four" follows, meaning four judges must agree to hear the case. Most cases chosen are major controversial cases in which there is a public out-cry for a ruling. "
Abstract Non-Sufficient Funds (NSF) checks, as well as other matters, such as the sale of goods, credit, and bank transactions, are covered by the model statute known as the Uniform Commercial Code, or ?U.C.C.? This paper discusses the U.C.C. code that is the primary source of law regarding the policies that American states can pursue regarding a non-sufficient funds check. The paper provides an example of how the code was applied to a case in Connecticut.
From the Paper "The Universal Commercial Code in itself, and as adopted by various states, is an extremely powerful tool in clarifying the rights and responsibilities of commercial trade and business. However, its application, like all legal applications, can be quite complex, as is shown in Tuttle vs. Equifax. Further, it should be remembered that, although the UCC is, in name, Universal, different states can determine which of its provisions they want to adopt, and they may also amend those provisions. For this reason, Connecticut law can differ significantly from the law governing similar non sufficient funds issues in other states."
Abstract This paper explains that, while there are some consumers who remain loyal to checks for security reasons and the comfort of seeing things in print, more and more customers are enjoying electronic payments; therefore, electronic transactions are transforming the banking industry. The author points out that, in addition to electronic payments being convenient, they are less expensive for the consumer, particularly through the use of online bill payment, and offer opportunities for rewards for using credit and debit cards. The paper states that, in other countries, banks have been able to make checks all but obsolete by charging considerably more for check transactions than for other forms of payment. The paper includes several long quotations.
Table of Contents
Introduction
Electronic Payments vs. Traditional Checks The Advantages of Electronic Transactions for Banks
Conclusion
From the Paper "Although the Banking System is moving toward becoming paperless, American's still write more checks per person than any other industrialized nation. An article entitled "Why do we Use so many checks" asserts that in the year 2000 49.6 billion checks were written and were valued at $47.7 trillion. The author explains that unlike other countries the United States experienced an increase in check writing during the 1990's which has contributed to the continued use of checks. As was previously mentioned in this discussion, the number of checks that are now being used has begun to decrease, but it is still a significant amount. "
Abstract The writer explores how a positive pay system can help reduce the incidence of check fraud for individual companies and corporations.
The paper examines shocking statistics of check fraud research and explains how positive pay works. The paper advocates the use of positive pay for a large corporation so they will detect counterfeit and unauthorized checks.
Outline:
Introduction
Some Facts
What is Check Fraud
Why Positive Pay is a Valid Option
Conclusion
From the Paper "As the world of technology continues to increase, mankind has reached heights never before imagined. Today, with the click of a mouse one can plan and pay for vacations, manage stock portfolios, shop around the world and research any topic they are interested in. It has been a significant benefit to mankind, but with the positive aspects of technology also comes some negative aspects of its use."
"Check fraud losses are on the rise throughout America. In 1999 there was an estimated loss of $15 billion due to check fraud according to statistics compiled by the United States government(Statistics http://www.ipsboston.com/pdcfpps_statistics.htm). The losses were not confined to one or two financial institutions either. Reports indicate that 99 percent of all large banks experienced check fraud loss(Statistics http://www.ipsboston.com/pdcfpps_statistics.htm)."
Abstract The Constitution of a democratic government provides for the control of powers through a system of Checks and Balances. The paper explains that this system refers to constitutional controls of the separate branches of government, i.e., executive, legislative and judicial, over one another to insure that not one will have more power over the two others. The paper shows that it is commonly believed that the policy provided by the checks and balances of the Federal Constitution of the United States makes it the best-known and most democratic system in the world today.
Paper Outline:
Checks and Balances in the Legislative Branch
The System and the People's Rights
The System and the Judiciary
A Brilliant System in Present Times
From the Paper "The system has been tested by actual situations. After the Civil War, President Andrew Johnson vetoed 20 bills (Anonymous), after which Congress overrode more than 20 bills vetoed by the President. In 1918, Congress turned down the Treaty of Versailles, which then President Woodrow Wilson worked hard for. The Treaty was to end World War I. In 1935 to 1936, Supreme Court declared that the NIRA and the AAA, New Deal programs passed by the Roosevelt Administration, were unconstitutional. Likewise, former President Ronald Regan appointed Judge Robert Bork to the Supreme Court, but his appointment or nomination was rejected by Congress."
Abstract This paper explains that the constitutional system of checks and balances has served the country well over the years, notwithstanding its original intent to avoid majoritarian power. The author points out that the amount of power wielded by one branch of the federal government compared to the others has tended to swing from one extreme to another, expanding in scope and power until brought under control by the checks and balances of the others. The paper relates that, since 9/11, the president has emerged as the temporary heavyweight champion among the three branches of government today; however, when the real and perceived threats to the nation's interests have been resolved, it would seem certain that the system of checks and balances would provide the impetus needed to once again diminish the powers of an "imperial presidency".
From the Paper "According to "Black's Law Dictionary" (1990), checks and balances are an "arrangement of government powers whereby powers of one governmental branch check or balance those of other branches." This separation of powers, of course, has been a fundamental feature of the American federal government from the outset, but the intent, purpose and net effect of this approach has not been exactly what the Founders may have envisioned. When the nation's Founders gathered to forge a constitution, Goldwin and Schambra (1980) suggest that the checks and balances provisions that were adopted were not intended to keep the forces of government under control but were rather intended to keep the popular majority from exercising any substantive degree of influence over its operation."
Tags: majoritarian, checks, balances, 9/11, control
Abstract This paper reviews the doctrines of 'separation of powers' and 'checks and balances' and explains how Article II and other parts of the Constitution provide broad powers to the executive. It also discusses the ways in which U.S. Presidents have used these powers and exploited their position to strengthen the executive branch and deny other branches of the government.
Outline:
Jeffersonian Perspective on the Concentration of Powers
How & Where are "Separation of Powers" & "Checks and Balances" Incorporated in the Constitution?
Ways in Which Article II Gives the President Wide Ranging Powers
Executive Power as Check and Balance
The Power Grab by the Executive
Conclusion
From the Paper "Among the Founding Fathers, Thomas Jefferson was perhaps the most suspicious of concentration of powers and took the concept of 'separation of powers' most seriously. Even though, powers of the legislative branch (the Congress) were of most concern at the time of the framing of the Constitution, Jefferson had enough wisdom and vision to foresee that the executive had the most room for "doing mischief" in the future. Hence, he was unhappy about the lack of term limits for the president in the original US Constitution; he feared that in time, the president would become "an officer for life," more like an elected monarch rather than someone the public had temporarily placed their trust in to do good for them."
Abstract This paper explores the three branches of government that create a system of checks and balances and separation of power. It outlines how laws are passed and how they are defeated. It also shows how this system of government came to be.
From the paper:
"The separation of the functions of the three branches of government, viz. the executive, the legislative and the judiciary, is one of the basic principles of American democracy and government. The purpose of having three separate independent branches is ostensibly to keep checks and balances between them so that they do not exceed their powers and keep a watch over one another's functioning."
This paper discusses the concept, history and application of ?Checks and Balances?, the system that gives constitutional controls of the separate branches of government in a way that one branch will not have more power over the others.
Abstract This paper states that, although the Federal Constitution of the United States with its ?Checks and Balances? makes it the best-known and most democratic system in the world today, most governments, even dictatorial ones, have a similar mechanism to balance the exercise of power among its branches. The author feels that the U.S. Constitution was and will be a reaction piece to events that happen to the people. This paper concludes that power must be controlled and accounted for: It is not only a right and a privilege but also, more so, a responsibility.
Table of Contents
Introduction
Checks and Balances in the Legislative Branch
The System and the People's Rights
The System and the Judiciary
A Brilliant System in Present Times
From the Paper "The system has been tested by actual situations. After the Civil War, President Andrew Johnson vetoed 20 bills (Anonymous), after which Congress overrode more than 20 bills vetoed by the President. In 1918, Congress turned down the Treaty of Versailles, which then President Woodrow Wilson worked hard for. The Treaty was to end World War I. In 1935 to 1936, Supreme Court declared that the NIRA and the AAA, New Deal programs passed by the Roosevelt Administration, were unconstitutional. Likewise, former President Ronald Regan appointed Judge Robert Bork to the Supreme Court, but his appointment or nomination was rejected by Congress."
This paper discusses the story of Nobel Prize winner John Nash and his struggle with paranoid schizophrenia as told in Ron Howard's film "A Beautiful Mind".
Abstract This paper explains that, in the film "A Beautiful Mind", despite suffering from severe paranoid schizophrenia, John Nash manages eventually to control effectively the symptoms of his schizophrenia without the use of medication. The author points out that he used his own a high level of communication competence to control this condition with the techniques of perception-checking and self-talk and was able to live a relatively normal life. The paper stresses that Nash never actually cures his schizophrenia; his symptoms continued and he still had delusions, but he learned to ignore the symptoms and identified his delusions as not being real via a perception-checking approach.
From the Paper "The same strong communication competence is seen in Nash's external communications. In one way, it can seem that Nash has low communication competence. For example, he does not have good relationships with his classmates, his workmates, or his students. However, there are various signs that this is related more to a lack of social skills than an inability to communicate. This is seen towards the end of the film where Nash is seen tutoring and teaching students. In these interactions, it is seen that Nash is an effective communicator. At the same time, Nash can seem impatient and also seems to behave in unexpected ways. Again though, this is related to Nash's inability to understand social expectations and act based on these expectations."
Abstract This paper is a pediatric case study of a 2 month-old Native American baby girl brought by her mother to the clinic for her well baby check-up. This paper reviews the procedure of taking pertinent history which is then followed by a complete a physical examination. The paper then discusses the essentials of a well baby check-up.
From the Paper "Millie, a Native American, brings her infant daughter, Molly, to the clinic for her 2 month well baby check. Maggie 11-years-old comes along for the visit but is not seen by the nurse practitioner today. Millie is holding her baby, cooing to her and cuddling her. Molly responds by smiling and making eye contact. Molly is bottle fed. Case Presentation Molly, a 2-month-old Native American female is brought to the clinic for a routine well-baby check-up. She is brought in by her mother, Millie and is accompanied by her older 11 year-old daughter, Maggie. Molly is noted to be cooing and responds to Millie's cuddling by smiling; Molly is also noted to make eye contact. "
Abstract This paper discusses the various payment methods across the United States. These payment methods consist of paper currency, checks, traveler's checks, debit cards, credit cards and newer payment methods. The newer payment methods are typified by PayPal which is clearly becoming a widely used and accepted form of payment beyond its original use related solely to eBay purchases.
From the Paper "Payment methods have evolved over time with and at the same pace as advances in technology. While physical currency is under no threat of disappearing in the near to mid-term, the changing buy and consumption habits of the United States' consumers is moving in tandem with evolving payment methods in a manner that makes physical currency seem less relevant. Some researchers describe this dynamic in the following manner: "All consumption activity has increasingly become technologically mediated over the past few decades. The shopping experience has been transformed by its technological infrastructure" (Lally, 2002, p.117). Increasingly, this technological mediation in the consumption experience is currency and payment related. No longer is cash considered king and many of the once cutting edge payment methods available to consumers are now considered quaint or archaic."
Abstract This paper explores the issue of refusing to hire based on criminal background checks. The paper examines various related issues, such as what types of positions usually cannot be held by someone with a criminal background and state and federal laws regarding hiring or refusal to hire based on criminal background checks. The paper focuses primarily on Maryland.
Outline:
Introduction
What About The Ex-Offenders Rights?
Maryland
For Instance
Federal Law
Overall
Conclusion
From the Paper "Other states have attempted to strike a balance between the employer concerns and the ex offenders rights to live a free and productive life once they have paid their debt to society. In some states, including New York employers are required by law to consider various elements such as age, time passed and the circumstances of the offense in deciding whether or not to hire an ex offender."
"In a recent research report the conclusion was that Maryland employers consistently deny employment across the board to anyone with any criminal background including arrests that did not garner convictions. The report recommends that Maryland legislators adopt laws that will prohibit such broad brushed discrimination."
Abstract This paper sheds light on the separation of powers and the system of checks and balances in the US system of government that regulates the powers of the executive, legislative and judicial branches. The paper also discusses the concerns that the failure by the Supreme Court or Congress to interfere with the executive's actions in the current Iraq war may be resulting in the abrogation of constitutional protections. Furthermore, the paper shows how the system of checks and balances was established to safeguard against encroachment by one branch onto another and to ensure that no member of the executive or legislative branch is placed beyond the scope of the law during the course of his or her time in office.
From the Paper "Congress fulfills the legislative role, and is the only body that can make federal laws. Moreover, Congress cannot delegate its legislative powers to any other governmental body. However, Congress can delegate some of its lesser powers to other governmental branches. In addition, Congress retains some control over the executive and judicial branches through the power of impeachment. The President fulfills the executive role, and is in charge of executive officers who ensure that the nation's laws are enforced. However, presidential power only extends to executive agencies, not quasi-judicial or legislative agencies. The executive branch exercises some control over the judiciary because it nominates judicial appointees. In addition, the executive branch exercises some control over the legislative branch because of the power of the Presidential veto. The judicial power is given to the Supreme Court and the lower courts. The judicial power is only exercised by constitutional courts; though Congress can establish legislative courts to determine issues of public rights, those courts cannot exercise judicial power."
