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27 comments:
I'm not sure I understand Scalia's "necessary and proper" clause reasoning in Printz v. US. Help?
What exactly is the meaning of "state solvency," as seen in the decision of Alden v. Maine?
I'm confused about the ruling in Alden v Maine .. Can anyone explain the decision?
Oh, and I think "state solvency" is a similar concept to state sovereignty, but, more specifically "solvent" refers to the ability to meet financial obligations.
In Printz Scalia argued that congress could not order state officials to perform the background checks using the necessary and proper clause because even if the background checks facilitated the commerce regulation (handgun sales) it violated the 10th Amendment - state sovereignty.
The Court argued in Alden that subjecting states to law suits for money damages would threaten state solvency which means the state treasury - their money.
In Alden the Court ruled that congress could not waive state sovereign immunity derived from the 11th Amendment for lawsuits in state courts under federal law.
In US v Morrison, did the courts basically decide that Congress could not regulate gender-motivated violence b/c its not significantly economic?
Yes, in Morrison the Court decided that Congress could not regulate gender motivated violence because it was not substantially related to interstate commerce. This is notable because congress found that it did have that effect. As you mention, the Court suggested (without ruling) that it would only allow commercial regulation under the Commerce Clause. Be sure you know the three ways congress can regulate commerce - channels of commerce, instrumentalities and people in commerce, and substantially related.
good luck everybody!!
What are the chances that you could curve the grades on the final quiz, since there was no one who received 100% ?
I agree, the scores all semester have seemed really low for a 200-level introductory course.
I agree; I think a curve would be fair considering the low scores. We would greatly appreciate it!
Yayyy! A curve!! Love that idea. That would give everyone a chance to redeem their grades if they had one bad quiz, like I know I did.
Argentina’s Videla Goes to Jail
Filed under: Argentina, South America — Michael van der Galien on October 11, 2008 @ 7:30 pm CEST
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The former military ruler of Argentina, Jorge Videla, 83, was convicted of ‘the murder of 66 people, the torture of 93 others, and the illegal detention of more than 300′ in 1985. He was sentence to life imprisonment but pardoned in 1990 by then President Carlos Menem.
President Menem had said he wanted to “close a sad and black stage of Argentine history.” A court overruled the pardon last year, however, judging it be unconstitutional. Since then, Videla was under house arrest.
On Saturday, however, the former dictator was trasnferred to a prison, where he may very well serve for the rest of his life.
Videla came to power through a bloody coup in 1976. He was the head of a military junta, which almost immediately started taking care of the opposition. Thousands were tortured, imprisoned illegally, and many others were killed. Human rights groups go so far as to say that between 10,000 and 30,000 Argentinians disappeared during the seven years of Videla’s rule.
Videla was one of the most ruthless South American dictator in history. He oppressed his own people, and fought the opposition not by words but by violence. Although he is 83-years old, human rights activists and many of his victims (and their relatives) rightfully believe he should die in jail, so as to suffer for his crimes.
Интересно написано....но многое остается непонятнымb
Your blog keeps getting better and better! Your older articles are not as good as newer ones you have a lot more creativity and originality now keep it up!
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