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Setting Out A Law Essay - Big-Slide
But if either these illegal acts have extended to the majority of the people; or if the mischief and oppression has lighted only on some few, but in such cases, as the precedent and consequences seem to threaten all; and they are persuaded in their consciences, that their laws, and with them their estates, liberties, and lives are in danger, and perhaps their religion too: how they will be hindered from resisting illegal force, used against them, I cannot tell. This is an inconvenience, I confess, that attends all governments whatsoever, when the governors have brought it to this pass, to be generally suspected of their people; the most dangerous state which they can possibly put themselves in; wherein they are less to be pitied, because it is so easy to be avoided; it being as impossible for a governor, if he really means the good of his people, and the preservation of them, and their laws together, not to make them see and feel it, as it is for the father of a family, not to let his children see he loves and takes care of them.
requires you to apply the rule of law to the set of facts. Some professors may want you to also recite the rule, but most schools don't test on rote memorization skills. After all, you can always look up the rule of law. Professors want to test whether you know when a problem is present (i.e. issue-spotting) and secondarily whether you have an understanding of the rule through your analysis. Usually, there is no right answer to the dispute. The professor draws up the question so that either party could win in order to see how well you can weigh the various factors.
How to Write an Essay | Learn How to Write Essays
Although no employer representatives were present at that first meeting to plan for new labor legislation, it did not take long for Hicks to write Wagner on January 16 saying that he liked section 7(a) as written because in many cases workers did need unions. However, he did not like the possibility that section 7(a) would be modified at labor's request so that employee representation plans would be forbidden because they were allegedly company dominated:
Though it be ever so plain, that there ought to be government in the world, nay, should all men be of our author’s mind, that divine appointment had ordained it to be monarchical; yet, since men cannot obey any thing, that cannot command; and ideas of government in the fancy, though ever so perfect, though ever so right, cannot give laws, nor prescribe rules to the actions of men; it would be of no behoof for the settling of order, and establishment of government in its exercise and use amongst men, unless there were a way also taught how to know the person, to whom it belonged to have this power, and exercise this dominion over others. It is in vain then to talk of subjection and obedience without telling us whom we are to obey: for were I ever so fully persuaded, that there ought to be magistracy and rule in the world; yet I am nevertheless at liberty still, till it appears who is the person that hath right to my obedience; since, if there be no marks to know him by, and distinguish him that hath right to rule from other men, it may be myself, as well as any other; and therefore, though submission to government be every one’s duty, yet since that signifies nothing but submitting to the direction and laws of such men as have authority to command, it is not enough to make a man a subject, to convince him that there is regal power in the world; but there must be ways of designing, and knowing the person to whom this regal power of right belongs; and a man can never be obliged in conscience to submit to any power, unless he can be satisfied who is the person who has a right to exercise that power over him. If this were not so, there would be no distinction between pirates and lawful princes; he that has force is without any more ado to be obeyed, and crowns and sceptres would become the inheritance only of violence and rapine. Men too might as often and as innocently change their governors, as they do their physicians, if the person cannot be known who has a right to direct me, and whose prescriptions I am bound to follow. To settle therefore men’s consciences, under an obligation to obedience, it is necessary that they know not only that there is a power somewhere in the world, but the person who by right is vested with this power over them.
Aug 18, 2017 · How to Write a Law Essay
The legislative power is that, which has a right to direct how the force of the commonwealth shall be employed for preserving the community and the members of it. But because those laws which are constantly to be executed, and whose force is always to continue, may be made in a little time; therefore there is no need, that the legislative should be always in being, not having always business to do. And because it may be too great a temptation to human frailty, apt to grasp at power, for the same persons, who have the power of making laws, to have also in their hands the power to execute them; whereby they may exempt themselves from obedience to the laws they make, and suit the law, both in its making and execution, to their own private advantage, and thereby come to have a distinct interest from the rest of the community, contrary to the end of society and government: therefore in well ordered commonwealths, where the good of the whole is so considered, as it ought, the legislative power is put into the hands of divers persons, who, duly assembled, have by themselves, or jointly with others, a power to make laws; which when they have done, being separated again, they are themselves subject to the laws they have made; which is a new and near tie upon them, to take care that they make them for the public good.
But government, into whatsoever hands it is put, being, as I have before showed, intrusted with this condition, and for this end, that men might have and secure their properties; the prince, or senate, however it may have power to make laws, for the regulating of property between the subjects one amongst another, yet can never have a power to take to themselves the whole, or any part of the subject’s property, without their own consent: for this would be in effect to leave them no property at all. And to let us see, that even absolute power where it is necessary, is not arbitrary by being absolute, but is still limited by that reason, and confined to those ends, which required it in some cases to be absolute, we need look no farther than the common practice of martial discipline: for the preservation of the army, and in it of the whole commonwealth, requires an absolute obedience to the command of every superiour officer, and it is justly death to disobey or dispute the most dangerous or unreasonable of them; but yet we see, that neither the serjeant, that could command a soldier to march up to the mouth of a cannon, or stand in a breach, where he is almost sure to perish, can command that soldier to give him one penny of his money; nor the general, that can condemn him to death for deserting his post, or for not obeying the most desperate orders, can yet, with all his absolute power of life and death, dispose of one farthing of that soldier’s estate, or seize one jot of his goods; whom yet he can command any thing, and hang for the least disobedience: because such a blind obedience is necessary to that end, for which the commander has his power, viz. the preservation of the rest; but the disposing of his goods has nothing to do with it.
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How To Write An Essay Plan | Essay Writer
The AFL successfully proposed an important, and controversial, amendment to the National Industrial Recovery Act of 1933 once it reached Congress. It insisted that language from the pro-labor Norris-LaGuardia Act of 1932 be added to the simple declaration of the right to collective bargaining in section 7(a). The additional clause stated that employees "shall be free from the interference, restraint, or coercion of employers of labor or their agents..." (Bernstein 1969, p. 31). Moreover, the AFL wanted a seemingly small change in a clause in the Norris-LaGuardia Act stating that "no employee and no one seeking employment shall be required as a condition of employment to join any organization or to refrain from joining a labor organization of his own choosing." In a phrase aimed directly at the Rockefeller industrial relations network, the AFL demanded that the word "organization" be replaced by "company union," which raised the corporate moderates' hackles immediately (Bernstein 1969, p. 31). But the AFL's amendments made it into the bill passed by the House despite the NAM's desire to eliminate section 7(a) entirely. However, at this moment NAM did not have the support of its temporarily more moderate ally, the Chamber of Commerce. The Chamber remained neutral because it had made a private agreement with the AFL that it would accept the collective bargaining provision in exchange for labor's support for the price-setting provisions (Bernstein 1950, p. 35).
Jul 09, 2014 · How do I Write a Legal Essay
After the passage of several pieces of emergency legislation in the spring of 1933 to save the banks, plantation owners in the South, and corn-hog farmers in the Midwest, Roosevelt was inclined to end the special session of Congress he had called to deal with the dire emergencies the country was facing. He thought that the new legislation, which concerned the problems of agriculture and finance, for the most part, dealt with the most pressing problems facing the nation, and did not want to press his luck. However, he had been alerted through memos from members of his Brain Trust that corporate leaders were working on plans for industrial reorganization that would free them from the constraints of the anti-trust laws, thereby making more cooperation (i.e., price setting) among them possible. In addition, he also had received memos and personal White House visits from representatives of the NAM and the U.S. Chamber of Commerce, which urged the corporate plans upon him. But Roosevelt was not convinced that any of these plans had jelled sufficiently or were politically feasible (Himmelberg 1976/1993, Chapter 10).
Guidance on answering problem and essay questions - OUP
On the other hand, the National Association of Manufacturers and other ultraconservatives opposed section 7(a) to the bitter end. Moreover, NAM's general counsel believed Senator Wagner had betrayed business on the issue when he agreed to the AFL amendments in the course of his own testimony before the House committee. Thus began an increasingly acrimonious relationship between NAM and Wagner. But for the time being, the ultraconservatives, recognizing that there were no penalties for violating section 7(a), decided to stonewall the pro-union provisions by claiming that the law did not outlaw company unions or designate trade unions as the sole bargaining agents within a plant. Everything now depended on who administered the NRA and how the vague guidelines were interpreted.
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