Basic Concepts: Separation Of Powers In The Federal Government
Basic Concepts
1. Separation of Powers
Describe the two concepts that (a) balance power within the federal government and (b) provide distinctions in the role of the federal, state, and local governments.
Separation of powers and the supremacy clause. The separation of powers the Constitution provides a system of checks and balances between the Legislative, Executive, and judicial branches of government. The Constitution also divides power between the federal and state and local governments. Supremacy clause establishes that the Constitution, all federal statutes, and U.S. treaties are “the supreme law of the land.” The distinction of the separation of powers is also reflected in the fact that certain functions must not be exercised by …show more content…
Relying on outside reports that because of nudity the production would not be in the best interests of the community, the board rejected the application. Why should the court allow the production to proceed?
Freedom of the press. The court should allow the production to proceed because the content is not illegal and it is not prohibited. There should, of course be liability on the part of the promoter to ensure that tickets are sold only to persons of age according to the law who are not restricted from viewing a performance that contains nudity.
(b) What are the distinctions in how the law treats public persons versus private persons with respect to defamation?
Defamation for public persons requires the proof of actual malice in order for the public person to gain damages for emotional distress. People in the public eye are expected to receive scrutiny both positive and negative related to their public activities. Private individuals are accorded more leeway in proving defamation because the expectation is different; proof of actual malice is not required.
8. Right to Possess
1. Separation of Powers
Describe the two concepts that (a) balance power within the federal government and (b) provide distinctions in the role of the federal, state, and local governments.
Separation of powers and the supremacy clause. The separation of powers the Constitution provides a system of checks and balances between the Legislative, Executive, and judicial branches of government. The Constitution also divides power between the federal and state and local governments. Supremacy clause establishes that the Constitution, all federal statutes, and U.S. treaties are “the supreme law of the land.” The distinction of the separation of powers is also reflected in the fact that certain functions must not be exercised by …show more content…
Relying on outside reports that because of nudity the production would not be in the best interests of the community, the board rejected the application. Why should the court allow the production to proceed?
Freedom of the press. The court should allow the production to proceed because the content is not illegal and it is not prohibited. There should, of course be liability on the part of the promoter to ensure that tickets are sold only to persons of age according to the law who are not restricted from viewing a performance that contains nudity.
(b) What are the distinctions in how the law treats public persons versus private persons with respect to defamation?
Defamation for public persons requires the proof of actual malice in order for the public person to gain damages for emotional distress. People in the public eye are expected to receive scrutiny both positive and negative related to their public activities. Private individuals are accorded more leeway in proving defamation because the expectation is different; proof of actual malice is not required.
8. Right to Possess