The essays were published under the pen name Publius. With respect to interstate trade, Gary M. Walton and James F. Shepherd (1979) suggest "the possibility of such barriers [to interstate commerce] loomed as a threat until the Constitution specifically granted the regulation of interstate commerce to the federal government" (pp. This balancing test was first explored in In Re Pappas, 266 N. 2d 297 (Mass. K. 60-482(b) (emphasis supplied). The court also rejected the defendant's attempt to probe into the editorial process surrounding the reporter's story.
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The Constitution Balancing Competing Interests Answer Questions
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. Dodd-Frank is a natural extension of the 2008 financial-rescue efforts. See, e. g., Riley, 612 F. 2d at 716. Because the identity of a source is absolutely privileged, the D. shield law does not require a balancing of interests if sources are at issue. Broader Implications for Constitution Making. In determining when the interests of the subpoenaing party overcome the privilege, courts in the Third Circuit focus on the specific facts of the case.
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. Prior historical studies more simply ask: How many of the founders with a particular economic interest (for example, founders with slaveholdings) voted the same on a particular issue? Return to Media Law Home Page. In Bartlett, the court balanced the need in favor of the requesting party, which could not obtain elsewhere evidence relating to the condition of a car accident victim and scene just moments after the accident. Well-structured competition also moderates social conflict. Our Constitution provides for elections that are public, periodic, held at dates fixed in advance, and regulated by settled procedures. The essence of the reporter's privilege in West Virginia is the balancing of interests. Bartlett, 150 Ariz. at 183, 722 P. 2d at 351.
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All but three of the delegates signed the document. Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e. g., in search results, to enrich docs, and more. Business firms vying for customers are eager for feedback about the appeal of their products; this helps them to think objectively about the value of what they have to offer, because offerings with less appeal lose out to those with more. This does not mean that either the framers or the ratifiers of the Constitution were motivated by a greedy desire to "line their own pockets" or by some dialectic concept of "class interests. " In these and innumerable other cases, the power of the purse is held by executive branch rule-writers, unconstrained by congressional appropriations or the political limits of taxing and borrowing.
Again, as might be expected, the modern findings indicate that the predicted probability of a yes vote on the two-thirds issue for an otherwise "average" founder who represented a state with the heaviest concentration of slaves is 0. It is not among the national aspirations set forth in those documents: equality, liberty, and the pursuit of happiness, protected and promoted by a republican union. Others question an economic interpretation because they question whether the founders were really involved in a conspiracy to promote specific economic interests. In other contexts, namely the grand jury context (insofar as the compelled disclosure sought does not concern the identity of a confidential source), the "public interest" in information for the purpose of solving crimes and bringing criminals to justice is given more weight. In a span of just under fourteen years, in his efforts to pass the Constitution and develop a sound monetary policy, Alexander Hamilton had provided invaluable service to his nation. But invoking the desirability of cooperation without specifying how it is to be achieved does not get us anywhere.
The Constitution Balancing Competing Interests Answer Key Quizlet
As with the findings for financial securities holdings, this does not mean that all slaveholding delegates or all delegates from slave areas voted together at the various constitutional conventions. The culmination of more than a decade and a half of modern research critically reexamining the adoption of the Constitution that seriously challenges the prevailing interpretation of our constitutional founding. Co., 36 Va. 1, 18 (Richmond 1994); Ashcraft v. Conoco, Inc., 218 F. 3d 282 (4th Cir. Maintains that the framers were less partisan and more disinterested than politicians are today. They also suggest that economic and other interests played important roles at the ratifying conventions. Law enforcement sought the information for an "on-going investigation" into the man's suicide. What do the following comments tell you about the differences of opinion among the Framers concerning the Constitution they had developed? The modern evidence confirms that the framers and the ratifiers of the Constitution, who were from the more commercial areas of their states, were likely to have voted differently from individuals from the less commercial areas. When specific issues arose at the Philadelphia convention that had a direct impact on important economic interests of the founders, their economic interests, even narrowly defined, significantly influenced the specific design of the Constitution, and the magnitudes of the influences were often quite large. The estimated influences were considerable enough that they suggest the outcome of ratification almost certainly would have been different had men with different interests attended the ratifying conventions. The same is true of doctors competing for patients, professors for students, and politicians for voters. If the national veto had been put into the Constitution, which it was not, and representation in the national Congress was based on the population of a state, which it was and is in the House of Representatives, rather than each state possessing an equal vote as under the Articles, representatives from the most populous states could have controlled legislative outcomes. The court held that the public has an interest in "the maintenance of a vigorous, aggressive and independent press capable of participating in robust, unfettered debate over controversial matters, an interest which has always been a principal concern of the First Amendment.... Reporters should be encouraged to investigate and expose, free from unnecessary government intrusion, evidence of criminal wrongdoing. Rather, it means more of the kind of government citizens prefer.
When a party seeks information protected by the First Amendment privilege, Pennsylvania courts will balance the "rights of reporters under the First Amendment against the interests of those seeking the information the reporters possess. " In criminal cases, however, the courts have explained that First Amendment rights do not automatically trump the constitutional rights of the defendant. Hamilton's course of action, delivered to the House of Representatives in his "Report on Credit" of January 14, 1790, was threefold. But it has not touched Dodd-Frank, Obamacare, or other major statutes that delegate the power to make policy to the executive agencies. As you have seen, such prominent features of the Constitution as the different plans for representation in the House and the Senate and the method of selecting the president were settled by compromise.
The Constitution Balancing Competing Interests Answers
The Rhode Island Shield Law provides that a party seeking to divest the privilege must show "that there is substantial evidence that disclosure of the information or of the source of the information is necessary to permit a criminal prosecution for the commission of a specific felony, or to prevent a threat to human life, and that the information or the source of the information is not available from other prospective witnesses. " Soon after the preliminary hearing at which the reporter testified, the newspaper's publisher and editor were both subpoenaed by defense counsel for trial. The Nevada Supreme Court has stated that "although the news shield statute provides an absolute privilege to reporters engaged in the newsgathering process, there may be certain situations, e. g., when a defendant's countervailing constitutional rights are at issue, in which the news shield statute might have to yield so that justice may be served. Contains little empirical evidence.
Hamilton realized he could use this issue as leverage. This could ruin the southern states' economies. Lamberto, 326 N. W. 2d at 309. Utah Rule of Evidence 509 "requires the court to consider the interests of the person seeking disclosure and the interests of the free flow of information to news reporters. " However, the shield statute seems to indicate a balancing of interests between the confidentiality of the reporter's sources and the other party's interest in disclosure, particularly in the context of a defamation lawsuit. Demands that judge know something that is in some sense unknowable: How do you truly know true intent? Quoting Altemose Contr. The qualified reporter's privilege developed by Justice Powell in his Branzburg concurrence requires a judicial balancing of the interests at stake.
This balance is assessed through the three-part test. By protecting the reporter, the privilege protects the press's access to information. Therefore, especially in personal life, competition often presents itself as a constraint on our aspirations and sometimes delivers bitter disappointments — when we don't get the girl or boy, or the job, or the desired college-admission letter. Because a founder was from a particular state or locality, the founder represented the citizens (the constituents) of the state or locality in which he resided as well as represented his own personal interests at Philadelphia or a ratifying convention. Consideration should also be given to the idea that the press' most important function is to question and investigate the government. A deal was struck: Virginians would support assumption of state debts, and President Washington's administration would support moving the capital to a location on the Potomac River. Both the civil and criminal shield statutes state the purpose "is to increase the free flow of information and preserve a free and active press and, at the same time, protect the right of the public to effective law enforcement and the fair administration of justice. " "[I]mpeachment does not go to the heart of issues before the Court and does not demonstrate a sufficiently compelling need to overcome the reporter's privilege. " Courts may make whatever order may be proper under the circumstance. "