PAD 525 Assignment 1 Constitutional and admin law

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Constitutional and admin law

Student’s Name

Institution

Your state’s statute that defines what is considered to be a public record that must be made available to the public upon request.

The state’s statute that defines what is considered to be a public record that must be made available to the public upon request is chapter 132 which talks about the public records. In this chapter, public records mean all papers, documents, letters, geographical maps, books, photographs or artifacts, films, sound recordings or other documented materials which are made in under law. The information should be free to be allocated or disseminated to the public upon need either freely or with minimum costs in the United States. However, state and local tax information shall not be disseminated to the public due to its sensitivity as well as the military information which remains as a secret to be kept by the state and the concerned officials.

The pre-World War I opinion by the U.S. Supreme Court holding, on re-argument, that a federal income tax was unconstitutional.

The pre-World War I opinion by the U.S. Supreme Court holding, on re-argument, that a federal income tax which was unconstitutional was that of Pollock v. Farmers’ loan and trust company, 158 U.S. 601 (1895) whereby the constitution retained that in distributing power in terms of taxation, the taxes should be apportioned among the several state according to number so as to protect the states who were surrendering to the federal government so many of their sources of income, the power of income and the power of direct taxation which was their principal of remaining income (Greenhouse, 2012).

The federal statute authorizing the U.S. Secretary of Transportation to make payments to States for the value of materials stockpiled near federal highway construction projects in conformity with the project specifications.

The U.S Code, title 23 chapter 1> 121, is the statute involved with authorization of transportation in the United States. Under this statute, the Secretary may make payments to a state for costs of construction incurred by the State on a project as the work continues. Payments may be made for stockpiled materials in the area of construction which can be seen by people (The United States. Congress. Senate. Committee on Commerce, 2004).

The joint federal regulation of the U.S. Fish & Wildlife Service, Department of the Interior, National Oceanic and Atmospheric Administration, and Department of Commerce, identifying the factors for listing, delisting or reclassifying endangered species.

This regulation is enshrined in CFR > Title 50 >chapter iv >subchapter A >part 424 >subchapter B> section 424.11, whereby any taxon of higher rank than species ought be listed only if all included species are individually found to be endangered or threatened. The Secretary shall rely on the standard taxonomic distinctions of the department and scientific community in the event that he or she wants to ascertain a particular taxon. A species shall only be reclassified upon the permit from the Secretary by commercial data after the review of the status of the species. Species may be endangered due to predation from other animals, destruction or recreational factors, educational purposes or even inadequacy of existing regulatory mechanisms which may force it for reclassification.

A particular species may undergo delisting by extinction whereby certain species may fail to be located within the ecosystem hence granting them to be extinct since they are nowhere to be traced, however delisting should not be a fast process thing but instead, sufficient time should be allowed for the process to take place.

Recovery is another area of criticality before delisting whereby in this unless all individuals of the listed species had been identified prior, a sufficient time frame is given before delisting to indicate vividly that the species is no longer in existence.

Lastly, in delisting we must also take note of the original data for classification in error whereby, the subsequent investigations may demystify that the best scientific or commercial data available when the species was listed.

Species of fish, wildlife or plant is protected by the convention on international trade in endangered species of wild fauna and flora and they have been identified as requiring protection from unrestricted commerce by any foreign nation or likely to become so within the foreseeable future by any state agency and so all this are to be conserved well.

The Secretary, therefore, is charged with the responsibility of delisting species and ensuring that those who are existing are taken care of, to avoid them from becoming extinct as he/she tries to bring a balance in the ecological system.

Your state’s administrative regulations specifying the licensure process for real estate agents.

The state’s administrative regulations specifying the licensure process for real estate agents is in the license law title 43 chapter 40. The regulation stipulates the period of one operating with a license, the cases under which the same can be sanctioned, the applicability of a given license and the powers of the licensing authority.

The local ordinance in your municipality governing noise

The local ordinance in the municipality governing noise is the noise control Act which establishes a national policy to promote an environment for all Americans free from noise that endangers their health and welfare.it also establish a means for effective coordination of Federal research and activities in noise control.

The most recent opinion of your state’s highest appeals court describing the extent to which the state constitution requires that the power of eminent domain be exercised only for a public use.

The most recent opinion of United States highest appeals court describing the extent to which the state constitution requires that the power of eminent domain be exercised only for a public use is that never shall private property be taken for public use, without just compensation by the user.

A recent federal trial court decision in your federal district describing the standard for summary judgment in federal court.

 A party may move for summary judgment, identifying each claim or defense or the part of each claim or defense on which summary judgment is sought.

A law-review article published within the past five (5) years about libel law and political campaign advertisements.

Sullivan actual malice standard for defamation against a public official in the age of internet campaign (Tweed, 2012).

References

Greenhouse, L. (2012). The U.S. Supreme Court: A Very Short Introduction. Oxford University Press .

Tweed, P. (2012). Privacy and Libel Law: The Clash with Press Freedom. Bloomsbury Professional.

United States. Congress. Senate. Committee on Commerce, S. a. (2004). Nominations to the Federal Trade Commission, Department of Transportation, and Department of Commerce. U.S. G.P.O.




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