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More abstract approach means less accurate. 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. The huge numbers of Americans who follow or participate in sports and games also suggests that appreciation for competition runs deep in our culture. Were the economic, financial, and other interests of the founders significant factors in their support for the Constitution, or their support for specific clauses in it, or their support for ratification? Then answer the questions and be prepared to present and defend your position. They often place the founders on a pedestal and treat them as demigods. At *4; see also Warnell v. Ford Motor Co., 183 F. 624 (N. 1998) (granting plaintiff's motion to compel NBC videotape where source of videotape remained confidential and was highly relevant and otherwise unavailable to plaintiffs); U. Bingham, 765 F. 954, 959-60 (N. 1991) (holding that defendant's subpoena duces tecum seeking NBC interview outtakes would be quashed; however, defendant was entitled to transcripts of such outtakes). V. Structuralism: larger relationships within the Constitution, not specific provisions. See People v. Troiano, 486 N. 2d 991 (Cty. 10's answer to this dilemma was not any specific constitutional provision.

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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. 308, 94 1105, 39 347 (1974). In cases where the state shield law is being applied, the statute directs that the court take into account whether disclosure is essential to the administration of justice, a fair trial in the instant proceeding, or the protection of the public interest. 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. 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. These considerations form a substantially less stringent test than the Southwell and Branzburg tests. In doing so, the Advisory Committee directed courts to consider the Silkwood v. Kerr-McGee Corp., 563 F. 2d 433 (10th Cir. In almost every civil case, however, the First Amendment interests of the reporter have been held to outweigh the interests of the party seeking information. In Miller, the court considered the difficulty the press might have in obtaining news if required to identify confidential sources.

This arrangement is not a matter of deliberate design, like the separation of powers: The states pre-existed the Constitution and simply insisted on it. See Winegard, 258 N. 2d at 851. Given the success of the supporters of the Constitution and the esteem given their arguments presented in The Federalist, the opponents have often been denigrated and ignored. In the United States and other representative democracies, top government officials are chosen in regular elections. This does not mean that all securities-holding delegates voted together at the constitutional conventions. This balancing test is based on Justice Powell's concurrence in Branzburg.

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Whom do we mean by framers? The purpose of the subpoena was to determine whether being interviewed impacted the testimony of the co-defendant. 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. " Compromise, however, means that everyone gets less than they want. If the Sixth Amendment right is a factor, it is incorporated into that test. The great difficulty of government, James Madison wrote in Federalist No. On the reporter's side, courts in the Third Circuit have identified several interests at stake where disclosure is sought. Sugar Corp., 21 Media L. 1508, 1509 (Fla. 15th Cir. The evidence indicates that a founder at Philadelphia with any public securities holdings, who at the same time possessed the average values of all other interests represented at the convention, was 26.

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. By contrast, in Stickels v. Gen. 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. In criminal cases, In re WTHR-TV (State v. 1998) applies and the test is not one of privilege but resolution consistent with Indiana's Trial Rules that pertains to discovery. Finally, he proposed that the government establish a steady revenue stream by taxation of imported goods. 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. The issues, in fact, have not been heretofore tested. 914; but it is only 0. The ideas-based sectors of American society — higher education, science and engineering, entertainment, the media — are among our most successful and dynamic. And the federal government is increasingly inclined to suppress state policy competition directly when it doesn't like the results, as in the Obama administration's effort to prevent Boeing from opening a new plant in right-to-work South Carolina rather than in union-friendly Washington State. Given the "Papers" were part of a political campaign to win ratification, they should not be considered unbiased interpretations of the Constitution. Typical interests include First Amendment rights, the defendant/litigant's constitutional rights or interests, and the public's interest. The conclusions differ because in a sense the studies are asking different questions.

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They also have the power to try the president and other members of the government in cases of impeachment. B. Lippincott, 1836 (1888). Dodd-Frank is a natural extension of the 2008 financial-rescue efforts. At the time, they proved effective in gaining allies for the Constitution. In addition, in criminal cases a defendant's constitutional rights to a fair trial and confrontation of the accuser are deemed compelling, as is the prosecution's law enforcement interest. The only alternatives to competition are coercion by third parties, as illustrated above, and altruism. The economic model presumes that a founder was motivated by self-interest to maximize the satisfaction he received from the choices he made at the constitutional convention attended. Sometimes it produces a more conservative course — as in the Republicans' capture of the House and Senate in 1994 and the House in 2010. Government can hardly ignore them — "the regulation of these various and interfering interests forms the principal task of modern legislation. " Concludes that for the Philadelphia convention and the ratifying conventions the facts do not support an interpretation of the Constitution based on the economic interests represented. A single state could thus block federal tax legislation. Competition is, as noted above, not the cause of scarcity but rather its messenger. These effects are particularly prominent in presidential politics, which usually includes several candidates with executive experience gained outside of Washington (in unitary governments, the candidates are almost always incumbent national legislators). Bottomly v. Leucadia Nat'l Corp., 24 Med.

In May 1787, the democratic government that had emerged from the American Revolution was only eight years old. The Constitution contains no self-denying ordinances, similarly general and explicit as those of the First Amendment, regarding broader economic activity. Obamacare regulations will also produce many fewer and much larger service providers, from hospitals to medical practices to insurance firms; federal supervision will replace competition throughout the health-care sector and move it toward a "single payer" system as originally envisioned by the law's sponsors. Other scholars have argued that the limitations of the Articles could have been eliminated without fundamentally altering the balance of power between the states and the central government. See also Gulliver's Periodicals, Ltd. Chas. The list was later printed as a pamphlet during the ratification debate. For an otherwise "average" Baptist, the predicted probability of a yes vote is only 0.

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451 but if the otherwise "average" delegate was not a slaveowner it is 0. More chances of multiple interpretations. See General Steel Domestic Sales, LLC, 2008 U. LEXIS 101609, at *17-18. The qualified privilege allows disclosure only "as a last resort. " 206 for an "average" founder. A Sixth Circuit district court found that the reporters did not have to disclose information from, or names of, confidential sources because the information sought could be obtained from other sources, the request was overly broad and burdensome, and the information may duplicate of information gathered from other sources.

In cases where a criminal defendant is seeking testimony or documents, the balance weighs more heavily on the side of disclosure. The American states are not administrative subdivisions of the central government but rather sovereign entities that possess a degree of political autonomy. Hamilton, like most of the delegates, disagreed with many aspects of the final draft. Starting point when faced with unanticipated circumstances: Derive principles and apply to circumstances. But during the Revolution and the years that followed, the economy had been a shambles.

State v. Martinez, No. The Rational Choice Model. They appeared in book form in the spring of 1788 and it was soon after revealed that Alexander Hamilton, James Madison, and John Jay collectively wrote them. Miller v. Transamerican Press Inc., 621 F. 2d 721, 725, as modified, 628 F. 2d 932 (5th Cir. Quoting Altemose Contr.

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