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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 primary reason is that the statistical technique employed in the modern reexamination yields estimates of the separate influence of a particular economic interest or other factor on the founders' behavior (how they voted) taking into account, and controlling for, the influence of other interests and factors on the founders' behavior. Courts also weigh the public's interest in protecting a reporter's First Amendment rights against the public's interest in disclosure. Advantage: - To deviate from intent is to change the nature of the Constitution.

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Congress takes political credit for standing up for affordable health care, cheap-but-stable finance, clean air, and safe products. The other two delegates had fled the convention in anger. The court also found that because the source of this information was not confidential there was no chilling effect on the press, nor would it be an excessive burden to the press or alter the way the press conducted its methods of pursuing information. 451 but if the otherwise "average" delegate was not a slaveowner it is 0. Some may have difficulty because an economic approach to the adoption of the Constitution appears "too calculating. " Washington's case law has not yet squarely addressed this issue. To paraphrase Hamilton: How did "this country" decide "the important question"?

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509 advisory committee note (2008). The recent quantitative studies contend that the Constitution was neither drafted nor ratified by a group of disinterested and nonpartisan demigods motivated only, or even primarily, by high-minded political principles to promote the nation's interest. Elliot, Jonathan, editor. And they are particularly rankling to the modern mind, which is averse to constraint and regards personal autonomy and self-realization as the essence of progress. In this environment, both Congress and the president have discovered that they can respond to the growing profusion of political demands through the expedient of delegation — and that doing so is advantageous for each branch, so long as the other cooperates. 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.

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The Arizona Shield Law does not require a judicial balancing of interests to determine whether it applies to protect information sought by a subpoena. The fiscal problems under the Articles were twofold. The following are some of his more important objections: - The Constitution does not contain a Bill of Rights. Develops an economic model of the behavior of the Founding Fathers, discusses the data and evidence collected on the economic and other interests, and reports preliminary statistical findings on the role of economic interests in the drafting and ratification of the Constitution. In terms used among legal scholars, even when the founders were involved in the "higher lawmaking" of the "constitutional founding, " they were still self-interested and partisan. In Mize v. McGraw-Hill Inc., 86 F. 1 (S. 1980), the court weighed the confidentiality of the sources against the plaintiff's interest in disclosure of the sources. The estimated logistic regression produces for each explanatory variable an estimated coefficient that captures the influence (its direction and magnitude) of the explanatory variable on the probability of a founder voting in favor of the issue being estimated, holding the influence of all other explanatory variables constant. Under the Articles, which had been in effect only since 1781, the American political system consisted of a loose confederation of largely independent states with a very weak central government.

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In Bauer the court made clear that a "compelling interest" can weigh against disclosure as well as in favor of disclosure. ".. member [of the convention] should sign. In his view, the Federalists, the founders who supported a strong, centralized government and favored the Constitution during its drafting and ratification, were individuals whose primary economic interests were tied to personal property. As a result, the modern reexamination and the prior studies will often reach different conclusions about the influence of the same economic interest or other factor on the founders' behavior. 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. Not surprisingly, the twelve founders at Philadelphia with private securities holdings voted unanimously in favor of the prohibition. Our books are available by subscription or purchase to libraries and institutions. Lexington Herald-Leader Co.

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The most notable developments, however, are the collapse of competitive federalism and the separation of powers. The votes of the founders on selected issues at the Philadelphia convention and the votes during ratification are statistically related to measures of the founders and their constituents' interests. The modern approach takes a broader view. Competition is, as noted above, not the cause of scarcity but rather its messenger. 6. inference of relative advantage of outsourcing could be examined on the import. Under the Constitution, the power to tax, along with the authority to settle past federal debts, was firmly delegated to the central (national) government, improving the central government's financial future as well as improving capital markets (the markets for funds). Hamilton realized he could use this issue as leverage. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. Select one of Mason's objections; identify and describe an event in American history or a contemporary event that provides evidence in support of his objection. 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. In that case, the trial court was not persuaded by the newspaper's argument that the First Amendment interest in preventing a chilling effect on press freedoms justified quashing the subpoena.

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23 A well designed activity based costing system starts with A analyzing the. These actions, however, appear to be efforts to postpone particularly onerous and contentious steps until after the 2012 elections, or to favor particular firms or constituencies, or both. Prior to balancing interests, the Court must find that disclosing the content would not reveal the source of the information. How the Constitution Strengthened the Power of the Central Government. It is within the province of the finder of fact to weigh the credibility of alternative sources, and the journalist's privilege may not be overcome simply to support or attack the credibility of another witness. Although state and local interference in trade was not a major problem at the time, many commercial interests apparently feared that local and state barriers to trade could develop in the future under the Articles of Confederation. Bottomly v. Leucadia Nat'l Corp., 24 Med. 2d 740, 754 (Pa. 2003) ("[A] court 'must balance on one hand the policies which give rise to the privilege and their applicability to the facts at hand against the need for the evidence sought to be obtained in the case at hand. '") See Porter v. Dauthier, No. Bartlett, 150 Ariz. at 183, 722 P. 2d at 351. CONSTITUTIONAL COMPETITION TODAY.

But the existing government was on the verge of chaos. Conversely, the federal government occasionally challenges state policies on constitutional grounds, as in the Justice Department's ongoing effort to prevent Arizona from enforcing federal immigration laws. Hamilton's course of action, delivered to the House of Representatives in his "Report on Credit" of January 14, 1790, was threefold. Of course, in any type of proceeding, be it civil, criminal, grand jury or administrative, if the information sought to be compelled would reveal a confidential source who has not consented to disclosure, that disclosure may be compelled only upon a showing that the information to identify the confidential source, "is necessary to prevent imminent death, serious bodily injury or unjust incarceration. " 2011) ("The district court committed an error of law when, instead of applying the test we set forth in Gonzales to evaluate Treacy's need for Forelle's answers, it treated Forelle's interest as a competing interest to be balanced against Treacy's Confrontation Clause rights. 2d 722, 17 Media L. 2169 (Me. Congress erupted in bipartisan outrage, but soon acquiesced through legislation supporting the Treasury's about-face. Gordon, 9 P. 3d at 1119. 1993 WL 755590, at *3 (N. Tex.

In United States v. Bingham, for example, the court balanced the defendant's need for the material against the reporter's interest in protecting his source. "I confess that there are several parts of this Constitution which I do not at present approve.... [But] the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others.... As might be expected, the modern findings indicate that the predicted probability of voting yes on the national veto for a founder at Philadelphia who represented the most populous state and possessed the average values of all other interests is 0. 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. "