The Commerce Clause, The Aca, And Federalism - 2798 Words

The Commerce Clause, the ACA, and Federalism Sean C. Hall POL303: The American Constitution Dr. Jean Jolivet 4/25/15 Introduction Since its inclusion in the Constitution, the Commerce Clause has been quite â€Å"necessary and proper† clause, and it has also been a source of contention and debate. There have been over 1400 cases filed with the Supreme Court challenging its application in the 20th century. The passage of the controversial Affordable Care Act made the commerce being brought once more to the national attention. The administration of Obama and some other prominent voices on the left have had the argument that the clause was put in place particularly to limit the influence of the federal government on the power of trade between the states. Such prompted the question of whether the Commerce Clause grants unlimited power to expand the federal government through the regulation (federalism), or whether it has been abused by those in the federal government off and on since its inception. This question will be addressed in this paper, and this is with the focus on the implications for federalism, implications for civil rights and the implications for civil liberties. Implications for Federalism The supremacy clauses state that the constitution, federal laws, treaties and federal regulations are the supreme law of the land. The states laws that conflict with valid federal laws are considered unconstitutional. The Commerce Clause of the US constitution providesShow MoreRelatedThe Fourteenth Amendment And The National Government Essay1396 Words   |  6 Pagesamendment deals with three different types of power. The three separate powers are delegated powers, reserved powers, and prohibited powers. Delegated powers are the powers assigned to the Federal government. An example would be the power to regulate commerce. The reserved powers are the powers that are granted to the states. An example would be to regulate education. The prohibited powers are the powers that are denied to the national or state government by the Constitution. An example would be thatRead MoreCurrent Development Of Federal Health Care Policy2135 Words   |  9 Pagesit require d businesses to provide insurance (employer mandate), it set up insurance pools to allow those without care to purchase inexpensive insurance (healthcare exchanges), it required states to extend their Medicaid coverage (Medicaid expansion clause), and it forbade insurance companies from excluding people from coverage for preexisting conditions . Among other aspects, this meant that act requires individuals to maintain health insurance – the so-called individual mandate – and requires theRead MoreThe Supreme Court Of Public Health Essay1239 Words   |  5 Pagesenforceable limits on Congress s power. The Supreme Court has narrowed the scope of the commerce power, when held the congress exceeded its commerce clause authority by making gun possession a federal offense. As Baum (2010) asserts that, in New York, the Supreme Court struck down a federal statute providing for the disposal of radioactive waste as violating the 10th Amendment (Baum, 2010, p. 69). In an era of n ew federalism, the Supreme Court has gradually limited federal public health powers and returnedRead MoreHealth Care And Affordable Care Act1714 Words   |  7 Pagesto regulate health insurance yet under the ACA, Congress is now regulating the States and their commerce. â€Å"(The Framers) gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress’s power to â€Å"regulate Commerce.† Pp. 16–27. By regulating the State’s commerce, Congress is limiting what States really needRead MoreThe Framers And The Constitution2065 Words   |  9 PagesThe Framers chose federalism because they had already tried confederalism under the Articles of Confederation and had found that it created a central government that was too weak to do what was needed. They also did no t go with a unitary system because people did not trust a central government because the people had just become free from a centralized British government that was too oppressive. Also in choosing federalism it prevented against tyranny. The want to split the power of government soRead MoreThe Case Of The American Legal System2369 Words   |  10 Pagesthe U.S constitution refers that the constitution and the laws of the US which shall be made in the pursuance thereof as the â€Å"supreme law of the land,† Marbury v. Madison exemplifies that understanding . Since the US legal system is based on federalism. The Tenth Amendment of the U.S constitution shift the power and legal authority away from the states and towards the federal government. The federal government gains more power over the state but there is a certain jurisdiction of boundaries that

Non-Monetary Rewards in the Workplace Free Essays

Managers of different industries and organizations have been finding ways to create a motivational workplace. Defining motivation, it is â€Å"that which gives impetus to our behavior by arousing, sustaining, and directing it toward the attainment of goals† (Wortman and Loftus, 1992 p.353). We will write a custom essay sample on Non-Monetary Rewards in the Workplace or any similar topic only for you Order Now In order for a business organization to achieve its objectives, therefore, there should be some motivations in the workplace that will drive its employees to accomplish such objectives. Companies may aim to improve the quality and productivity of the business primarily for increased profitability. Personally, employees may have their own motivators that drive them to perform their jobs better. Older employees are motivated by the insurance and pensions they will get upon retirement while others are motivated by the increase in salary as the years of their stay in the company increases. What makes motivation very important is that when it has been very effective, the business and its workers will mutually benefit; that is they will both achieve their goals. For businesses, turn over rate will decrease and productivity may increase. What also makes it a hard task for the managers is that employees have different behaviors and attitudes towards work, thus different motivations are needed in order to satisfy the employees. The most common type of motivation is reward. Rewards are given to motivate employees to improve their performance or simply to avoid dissatisfaction among employees. Rewards may be monetary or non-monetary. The purpose of monetary rewards is to acknowledge employees’ excellent job through money. Money has been an effective motivator because people are motivated first by the desire to secure first-level needs of food and shelter for survival (Creech, 1995). Aside from that, one of the primary reasons why people work is to earn money and improve their economic status. Monetary rewards or incentives include salary increase, profit sharing, project bonuses, stock options and warrants, scheduled bonuses and additional paid vacation time (Ballentine et al, 2003 p.1). However, people’s needs are not only material things. There are also other needs that are needed to be satisfied such as the need to learn, to be challenged, to improve skills, improve social status, and the need for other opportunities. These needs are basically what make people self satisfied and fulfilled. Non-Monetary Rewards Non-monetary rewards are important employee motivators. As many people say, there are certain things that money cannot buy and these are sometimes more important to people. According to Kohn (1993 on Ballentine et al, 2003), monetary incentives encourage compliance rather than risk-taking because most rewards are based only on performance. On the other hand, non-monetary rewards are recognition of an excellent job which do not involve money but are still satisfying and motivating to employees with the purpose of creating opportunities to the employees. Non-monetary rewards include: (1) opportunity to learn, develop and advance as an employee; (2) flexible hours; (3) Recognition; (4) the opportunity to contribute; and (5) independence and autonomy (Anonymous, 2006). Opportunity to Learn, Develop and Advance The opportunity to learn, develop and advance can be considered as opportunity for growth. Creech (1995) describes growth as to the mental abilities of employees. Promotion is one means of growth but there are also other ways that employees can learn and grow aside from moving out of their current position. Training, for example, are provided to employees who have showed exemplary performance. Some companies even send their employees abroad for special seminars and trainings to further enhance their skills while other companies have provided scholarships and send their employees to universities to make them more educated. Another way of rewarding an employee is by giving him more complex and challenging tasks that will help improve his skills giving employees a certain feeling of achievement. Flexible Hours Having flexible hours is rewarding to employees in such a way that they can have more time with other obligations. It will be rewarding for good employees if they can have time for other important things such as the family, a part-time job, hobbies and social life. Even the most dedicated employees may feel like slaves and may lose interest with their jobs if all their time will be spent working for the company alone but those who can have time for their selves can be more enthusiastic. Recognition It is very important for an employee’s excellent job to be appreciated and recognized. Recognition as a reward should be earned directly through the job (Creech, 1995) and must be in the form of merit so that employees know efforts are being observed and appreciated by management (Anonymous, 1994). Recognition may be in the form of â€Å"pat in the back†, verbal praise, or written praise (in the form of letter or certificate). There are even some companies that announce the reward publicly by holding ceremonies annually or quarterly in recognition of outstanding employees such as awards for the most prolific employees, the most loyal, most innovative and so on. In this way, employees are more motivated knowing that their good performances are recognized. Opportunity to Contribute Employees feel rewarded when they know that they have good contributions in the workplace. They can even more contribute to the organization when they are given more responsibilities and when they know that their contributions are being valued. This reward involves having to work in a team, working closely with the people in the upper level of the business organizations such as the management, and having your ideas being heard and considered with regards to the decisions made in the company. This kind of reward is commonly given to innovative and creative employees who always have new ideas to contribute to product development and productivity. Independence and Autonomy Exemplary employees are usually given the independence and autonomy because the management trusts them that can accomplish their jobs without supervision and help of others. This reward is commonly given to employees who are good in decision making, can handle pressure and can finish the job on time effectively. It is a rewarding and comfortable feeling for an employee when there is no supervisor or other employees that always looks after his works while employers can save time and money when they have workers who can work independently. Conclusion Although monetary rewards have been traditionally effective as a motivator in a workplace, non-monetary rewards are also important in meeting the other needs of the employees. Non-monetary rewards satisfy and eliminate unhappiness in the workplace by providing employee self-fulfillment, growth, and a feeling of achievement, making them more motivated to perform their jobs better. Therefore, in a workplace, there should be a balance of monetary and non-monetary rewards which motivates employees in different effective ways. References: Anonymous (1994) Personnel Practices/Communications. Human Resources Management. Chicago: Commerce Clearing House Inc., Anonymous, Top Five Non Monetary Items Employees Want in a Workplace Retrieved online on October 12, 2006 http://www.recognitionrewards.com/top_five_items.htm Ballentine, Andrew, McKenzie, Nora, Wysocki, Allen Kepner, Karl (2003), The Role of Monetary and Non-Monetary Incentives in the Workplace as Influenced by Career Stage, EDIS, Department of Food and Resource Economics, Florida Cooperative Extension Service, University of Florida, Gainesville, FL. Creech, Regina (1995), Employee Motivation, Management Quarterly, Volume 36, Issue 2 Wortman, Camille B. and Elizabeth F. Loftus. (1992) Psychology. New York: McGraw-Hill, Inc. How to cite Non-Monetary Rewards in the Workplace, Essay examples

Tata Motors - Innovation Strategy free essay sample

For decades, the automotive industry in India lagged behind those of the United States and Japan. However, after the nineties, things changed dramatically, fostered by different means including Indian trends, credit access to customers, highly trained professionals and comparably low labour cost. Improvements were especially due to the Indian Government’s enabling policies that eased regulations on foreign trade and restrictions on private companies, thereby attracting investment and growth in a country whose population is around 1 billion. India – nowadays home to more than 40 million vehicles has one of the lowest ratios of cars-to-people according UN Statistics (see table 1). In conjunction with this statistic, the twin factors of low car penetration and rising incomes are likely to trigger increased demand for automobiles in coming years in India (Indian Business News). Table 1. Number of motor vehicles per 1,000 people, by country Country | Motor vehicles per 1,000| United States| 765| Australia| 619| Canada| 563| Germany| 546| Japan| 543| United Kingdom| 426| India| 12| China| 10| Source: UN World Statistics Pocketbook and Statistical Yearbook, 2007 (cited in Farres et al. We will write a custom essay sample on Tata Motors Innovation Strategy or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 2009) The low car penetration and high demand of the Indian new middle class is the focus of different global companies like General Motors, Honda Motor, Mitsubishi Motors, Fiat, Ford and Maruti Udyog (See table 2). Competition is expected to intensify further as Indian automotive manufacturers obtain greater access to debt and equity financing in the international capital markets or gain access to more advanced technology through alliances. Table 2.

fo essays

fo essays Governments should discourage mergers in the communication industry. Our group will be disagreeing with this statement through out the project. We will be using texts and examples in order to support our ideas. Also we will be using reasoning and common sense in some cases. Our group believes the most important mergers in the communication industry are the telecommunication companies. Bell Atlantic and GTE are the two big mergers in the industry and are a good example for our case. This merge has brought benefits to workers, consumers and communities. The Communications Workers of America (CWA) represents 630,000 workers who are also consumers of telecommunications services. The majority of CWA members are employed in the telecommunications industry, including 72,000 employees at Bell Atlantic and 25,000 employees at GTE. CWA is the leading union in the information age whose members are responsible for building, maintaining, and servicing customers on the information highway. CWA seeks to ensure that the new information world brings benefits to all consumers, workers, and communities. CWA urges the Commission to approve the Bell Atlantic and GTE merger because it will benefit both consumers and workers. CWA believes the merger is in the public interest for five reasons. First, it advances the pro-competitive goals of the 1996 Telecommunications Act ("the 1996 Act") in local exchange markets for all consumer markets. Bell Atlantic and GTE have committed to enter 21 markets out-of-region within 18 months after the merger. Second, the proposed merger advances the 1996 Act's goal to speed deployment of advanced telecommunications networks to all Americans. The merger will provide Bell Atlantic and GTE with the scale and scope necessary to accelerate in-region and out-of-region investment in advanced data networks. Third, the merger is consistent with the 1996 Act's goal to advance and to preserve afforda ...

Italian Abbreviations, Acronyms, and Initials

Italian Abbreviations, Acronyms, and Initials AQ, BOT, ISTAT, and SNAproFIN. VF, CWIB, FALCRI, and RRSSAA. Italian abbreviations and acronyms might make your head spin, but consider the alternative: While on vacation in Italy Antonio rented a car manufactured by the Fabbrica Italiana Automobili Torino. In his hotel room the channel choices included Radio Audizioni Italiane Uno and Telegiornale 4. Antonio consulted the Italian financial paper Il Sole 24 Ore for the daily Indice azionario della Borsa valori di Milano. While looking out the window, he saw a street rally for the Partito Democratico della Sinistra.Since the airlines lost one of her suitcases, Antonios wife went to Unico Prezzo Italiano di Milano to replace her toothbrush. She also wrote a postcard to her friend Regina in Sicily that required a Codice di Avviamento Postale in the address. Later on that day Sabrina went to the local Azienda di Promozione Turistica office for information on museums. At the end of their trip Antonio and Sabrina filled out an Imposta sul Valore Aggiunto refund claim form in order to receive a refund of taxes spent on certain goods. Now consider the same passage using Italian abbreviations and acronyms: While on vacation in Italy Antonio rented a FIAT. In his hotel room the channel choices included RAI Uno and Tg4. Antonio consulted the Italian financial paper Il Sole 24 Ore for the daily MIB. While looking out the window, he saw a street rally for the PDS.Since the airlines lost one of her suitcases, Antonios wife went to UPIM to replace her toothbrush. She also wrote a postcard to her friend Regina in Sicily that required a C.A.P. in the address. Later on that day Sabrina went to the local APT office for information on museums. At the end of their trip Antonio and Sabrina filled out an IVA refund claim form in order to receive a refund of taxes spent on certain goods. Stirring the Soup It might seem like a zuppa di alfabeto, but as the examples show, youd have to be pazzo to write or speak the complete phrase or term instead of substituting the appropriate Italian abbreviation or acronym. Known as acronimi (acronyms), abbreviazioni (abbreviations) or sigle (initials), Italian abbreviations and acronyms are formed by joining the initial letters or syllables of companies, organizations, and societies, as well as other terms, to form a new word. Some of them even evoke the topic they stand for. For example, in Italian, the word luce can mean light, brightness, sunlight, all possible references to the movies. LUCE is also the Italian acronym for LUnione Cinematografico Educativa, the national cinema educational organization. Tasting the Minestra Wondering what spices to add to the zuppa di alfabeto? In general, Italian abbreviations and acronyms are usually pronounced or read as if they were words rather than spelled out, with the exception of two-letter combinations, which are regularly spelled out. Acronyms such as PIL (Prodotto Interno Lordo), D.O.C. (Denominzaione dOrigine Controllata) and STANDA (Societ Tutti Articoli Nazionale DellArredamento [Abbigliamento]), are pronounced as if they were Italian words. Other abbreviated forms, such as PSDI (Partito Socialista Democratico Italiano) and PP.TT. (Poste e Telegrafi) are pronounced letter for letter. Listen to native Italian speakers, especially public speakers, to determine the correct form. In any event, dont forget how to pronounce Italian vowels or how to pronounce Italian consonants, since the letters and syllables are still pronounced using the Italian alphabet.

Unemployment in the United States Essay Example | Topics and Well Written Essays - 1250 words

Unemployment in the United States - Essay Example Since then, the American has tried all means to revive the economy and decrease the unemployment rates in the country. Consequently, there has been an impressive progress in the rates of unemployment marked by a trend of decline. Currently, the rate of unemployment is at 5.5%, a figure similar to the rate reported in February. Despite this lowest rate in over 7 years, unemployment is still a massive issue that affects a significant number of Americans. A number of factors contribute to this unending state of employment in America, namely, global factors, economic conditions, minimum wage, part-time jobs, and the dynamics of the oil industry. As the world opens up to trade and business opportunities, a number of issues arise the affect countries either negatively or positively. For instance, offshoring is one of the issues that have arisen due to globalization. Multinational companies among other businesses prefer to outsource services in low-cost labor nations in order to cut on costs. Companies are engaging in offshoring practices both for service jobs and for manufacturing jobs. The driving force behind this conduct is to operate in countries where they can save on labor costs, avoid regulatory laws, and productivity. Thus, offshoring has greatly affected job creation and availability of jobs in the United States leading to unemployment. According to a report by Forrester Research released in 2004, by 2015, 3.4 million service jobs will be moved abroad during 1.2 million jobs were expected to be offshored between 2003 and 2008 (Levine, 2011). Additionally, according to Bureau of Labor of Statistics estimates one-fifth of workers in the United States were working in industries subject to offshoring. An example of multinational company that has actively engaged in offshoring practice is Apple. As of 2012, Apple had 20,000 workers based in other countries and 43,000 workers in America. Additionally, the 700,000 engineer who develop Apple’s products by

Explain Essay Example | Topics and Well Written Essays - 250 words

Explain - Essay Example The definition of the self using Sartre’s existentialist views is that the self is a manifestation of the person’s consciousness, which connects the past, present, and the future of a human being (Sartre 31). However, the self of today is not the self of the past, nor the self of the future, but rather as an existing self that is only alive now, and would grow to be a different one after the present has passed. Existence is necessarily viewed from a first person’s viewpoint, based on the person’s grasp of reality, and what kind of existing being a person is would be based on how he or she sees the self and connects it with the concept of reality (Gardner 3). The essence is what makes a person a human being, and because of this human essence always precedes human existence due to the freedom that man inherently has, and this kind of freedom gives humanity its essence, regardless of how time flows through their lives (Sartre 25). Not only did Sartre define the human being as both essence and existence, but also the bad faith that could possibly ruin a person’s human essence. Bad faith, negative attitudes, or self-deception is what corrupts the perception of humans in the significance of their existence, which could lead to self-doubt, anguish, pity, guilt among other negative emotions, which in turn would not affirm the person’s existence and essence, but the nothingness (Sartre 44). The prohibition or the prevention of realizing a dream, as well as the creation of limits in an infinite universe are examples of forgetting transcendence, which counters the limitless potential that Sartre defines in his existentialist views (Sartre 47). On the other hand, the rejection of a person’s existence in the present time, failing to grasp the reality, as well as realizing the negativities of a person’s transcendence are defined as forgetting facticity, which undermines the