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These questions lie at the heart of today's policy debates over reviving the economy, restructuring the financial system, regulating energy production, and reforming health care, education, and pensions. The list was later printed as a pamphlet during the ratification debate. There is no Alabama statutory or reported case law addressing this issue; however, a federal court sitting in the state has cited the principal that, in civil cases, the public interest in nondisclosure of journalists' news sources will often be weightier than the private interest in compelled disclosure, but in criminal cases, courts are more inclined to rule in favor of disclosure. As an aide to Commander-in-Chief George Washington, Hamilton had seen firsthand the difficulties involved in funding and operating the Continental Army. See L. A. Mem'l Coliseum Comm'n v. NFL, 89 F. 489, 493-94 (C. 1981) (granting the reporters' motion to quash because the journalist's privilege protected the reporters' sources and work product). Argues that the adoption of the Constitution was based on a conflict among competing economic interests. McGuire, Robert A., and Robert L. Ohsfeldt.

The Constitution Balancing Competing Interests Answers.Com

The roots of this development go back to the emergence of regulatory agencies in the Progressive Era and their proliferation during the New Deal and the 1970s. DeRoburt examined three factors to determine whether the privilege applies: (1) is the information relevant, (2) can the information be obtained by alternative means, and (3) is there a compelling interest in the information? He maintains that Beard was plain wrong, eighteenth-century America was democratic, the franchise was common, and there was widespread support for the Constitution. Competition was more than an end of the constitutional order — more than a source of liberty, equality, and prosperity. When Congress did get into the action, with a $700 billion authorization for a "Troubled Asset Relief Program, " the Treasury promptly announced that TARP funds would be used not for purchasing troubled assets at all, but instead for other purposes (eventually including the General Motors and Chrysler bailouts) that many members of Congress thought they had voted against. On the subpoenaing party's side, courts in the Third Circuit have identified a number of countervailing interests that might be at stake in any particular case.

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In his position on Washington's cabinet, Hamilton worked assiduously to solve these problems. Many people today associate progress with freedom from constraint and view cooperation as more advanced and civilized than competition. Where the press's access to information is protected, it follows that the public's access to that information is protected. When we hear public agencies and their private wards attacking each other, they are not competing but rather bargaining over the quids and quos of their mutually sustaining alliances. In this way he can prevent the discovery of his own guilt. Others have suggested that the adoption of the Constitution was the product of conflict between various economic and financial interests within the nation, a conflict between those who, because of their interests, wanted a strengthened, more powerful national government and those who, because of their interests, did not. And if the terms of political cooperation include the disparagement of private commercial competition and the promise to make it, too, more cooperative — well, so much the better. See Farr v. Pitchess, 522 F. 2d 464, 468–69 (9th Cir. 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. '")

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Because members of the Senate are selected by state legislatures, it means that they are not representatives of the people or answerable to them. In analyzing whether subpoenaed information is protected by the reporter's privilege, district courts in the Second Circuit had at times considered factors beyond those in the three-part Burke and Gonzales tests. 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. Select one of George Mason's objections and explain what remedies our constitutional government provides for the problem he identified. Our Constitution provides for elections that are public, periodic, held at dates fixed in advance, and regulated by settled procedures. Frequently, the analysis of the subpoenaing party's interest is conflated with discussion of the other LaRouche factors. The costs of installing pollution-control devices, or of maintaining and disclosing financial accounts in a certain manner, or of designing health-insurance policies to cover certain services while excluding others, are borne entirely in the private sector. Indeed, competition is the driving force of the most advanced spheres of human endeavor. The court also rejected the defendant's attempt to probe into the editorial process surrounding the reporter's story.

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Later in 1790 he proposed the creation of a federal bank. Instead, Congress has marshaled the commerce clause to regulate innumerable matters that have little or nothing to do with interstate commerce. See Gonzales v. Nat'l Broad. In a trial setting, State v. Siel and Mortgage Specialists, Inc. Implode-Explode Heavy Industries, Inc. each used a balancing test in determining whether the source had to be disclosed. 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. Contact me if you have any questions about this 7 Conlangs DE Cal Spring 2006. The methodology employed, rational choice and methodological individualism, will be acceptable to some. The founders thus were able to suspend their self-interests during the framing of the Constitution and promote instead the "rights of citizens and the permanent interests of the community. " But neither self-interest nor economic rationality implies that a founder was concerned only with his financial or material well-being.

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Above all, competition generates useful information and true knowledge. Dismisses an economic interpretation as utterly without merit, attacking its conclusions in their entirety. If this were to happen, and the only courts available were federal courts, most people would not be able to afford to have their cases heard in these courts, because they would need to travel a great distance. The author, as counsel for the newspaper, argued in response that in Davis v. Alaska the Confrontation Clause was balanced against a statutory prohibition against allowing juveniles to testify, whereas in the Pruett case, the Confrontation Clause was being balanced against a reporter's privilege that also derived from the Constitution—and specifically the First Amendment—not simply from a statute. At 959; see also In re Special Grand Jury Investigation, 104 Ill. 2d 419, 472 N. E. 2d 450 (1984) (recognizing a clear legislative intent to create a standard which balances the reporter's First Amendment rights against the public interest in the information sought and the practical difficulties in obtaining the information elsewhere). Contrary to earlier views that the founders' specific economic or financial interests cannot be principally identified with one side or the other of an issue, the modern evidence indicates that their economic and financial interests can be so identified. Such attitudes misperceive the nature of competition.

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Thus, the court should consider not only the relevance but also the necessity of any information a confidential source might have. Thus I this Constitution because I expect no better, and because I am not sure, that it is not the best.... Broader Implications for Constitution Making. Summit Technology, Inc. Healthcare Capital Group, Inc., 141 F. 381, 384 (D. Mass. CONSTITUTIONAL COMPETITION TODAY. As a result, he suggested that the primary beneficiaries under the Constitution would have been individuals with commercial and financial interests – particularly, those with public securities holdings who, according to Beard, had a clause included in the Constitution requiring the assumption of existing federal debt by the new national government. In its analysis, it determined that the "ready disclosure of confidential sources would have a chilling, perhaps freezing effect on the free flow of truthful information. "

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The separation of powers has been an effective tool of limited government for much of our history. 750 F. 729, 732, 18 Media L. Rep. 1644 (E. Va. 1990). The court stated, "The right claimed by the [newspaper] to seek the 'truth' must never be allowed to take precedent over the compelling and overriding interest of law enforcement authority to maintain human life. " To Form A More Perfect Union: A New Economic Interpretation of the United States Constitution. The view of many historical scholars is that delegates who were slaveowners and those who represented slave areas generally supported strengthening the central government and supported ratifying the Constitution. Moreover, states are parallel political universes with their own opportunities for leadership. 981905396 (Utah 3d Dist. 2d at 714-18; Nat'l Talent Assocs., Inc., 1997 WL 829176, at *1; Smith, 2011 WL 2115841, at *4. Presents an interesting view of the issues. Again, he would have to overcome some skepticism. This preview shows page 1 out of 1 page. The Supreme Court is dramatically narrowing the dormant commerce clause doctrine and giving the states increasing leeway to regulate matters, such as automobile emissions and fuel economy, that the federal government is already regulating. Dismisses an economic interpretation as not serious.

Day after day, hour after hour, the eloquent attorney spoke, hammering away at the Anti-Federalists' arguments. 206 for an "average" founder. While this may be correct as far as it goes, the issue of the influence of slaveholdings on the behavior of the Founding Fathers, as is the influence of any factor, is actually more complex. America was on a solid footing and prepared for a prosperous future. Brown examines the support for the Constitution among various economic and social classes, the democratic nature of the nation, and the franchise within the states in eighteenth-century America. The court stated that these two interests "must be balanced against each other to determine which is more compelling in a specific case. 2d 413, 9 Media L. 2193 (Md. The essay was concerned with the problem of factions — what today we call special-interest groups — which it considered the gravest threat to democratic government. 1999); Massachusetts v. McDonald, 6 Med. Price controls in competitive markets are counterproductive and dangerous: What begins as consumer protection usually ends up as producer cartels that raise prices. A final and especially worrisome move toward unilateral executive government is also bipartisan.

What it does mean is that the holdings of financial securities, controlling for other influences, significantly increased the probability of supporting some of the issues at the Philadelphia convention, particularly those issues that strengthened the central government (or weakened the state governments). The court reiterated its refusal to "carve out an exception for most, if not all, libel cases where the legislature could have created an exception for libel defendants and refused to do so. " An important read to understand the scholarly opinion of an "economic interpretation of the Constitution" among many. The issues, in fact, have not been heretofore tested.

From such an assembly can a perfect production be expected? Alaska appellate courts have not had occasion to squarely address the existence or scope of a reporter's privilege. Attests to the importance of the specific individuals involved in historical events to historical outcomes. Whom do we mean by framers? 2d at 355-56; United States v. Cuthbertson I, 630 F. 2d at 146-47; Parsons, 778 F. Supp. Without it, the president will not get proper advice, and will usually be advised by flattering and obedient favorites; or he will become a tool of the Senate. 912 (1976) (affirming a district court's denial of reporter's habeas corpus petition, holding that the state court had a duty to enter into enforceable nondisclosure orders to protect the due process rights of accused persons).

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. The court disagreed, stating that were it to accept the plaintiffs' argument, § 16-4703 would envelop the general statutory prohibition against compelled disclosure in virtually every libel case. Ann Arbor, MI: University of Michigan Press, 1962. United States v. LaRouche Campaign, 841 F. 2d 1176, 1179 (1st Cir. Free competition among religious faiths, and the absence of a government church, have proven to be pro-growth policies even in our secular age, contributing to an unusual variety and vibrancy of religious practice and belief.

And what is the alternative? Some of the considerations that should be considered in assessing a newsgatherer's claim of privilege include: the nature of the case, the relevance and materiality of the information sought, whether the information sought lies at the heart of the pending case or is critical to the claims made by the discovering party, and the availability of information from alternative sources.