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american law. The great compromise of 1787

Title: American Law

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The great compromise of 1787

At this time the country was making its first steps in equality and the promotion of democracy. A great debate was taking place; this involved the representation of different states in the congress. This was a matter of great concern to all parties because the congress was to be the law making branch of the national government. Every state wanted equal representation in the congress, but how would the equal number of representatives be arrived at?

The first suggestion was to have the states which were more populous to have a larger representation than those with smaller populations. This suggestion was supported by members in the states with higher populations. The suggestion was referred to as the Virginia plan. The more populated a state was, the higher its representation in the congress.

The second suggestion was to have one representative per state. This was what seemed as a fair suggestion to the states with low population levels. Less populous states supported this suggestion. The suggestion was referred to as the New Jersey plan.

All states came to a mutual agreement after a suggestion by Connecticut delegate at the time, Mr. Sherman to have the equality distributed on an agreed system. The system to share the positions was by having one representative for every 30,000 citizens in a particular state. This would have all citizens represented equally on the basis of the population.

This is referred to as the 1787 compromise, where states accepted the representation in the congress to be based on the population of each state in classes of 30,000 citizens.

The Connecticut compromise

The Connecticut compromise is the compromise made by delegates of all states in a constitutional conference in the year 1787. The motion on which they compromised on was put forward by the Connecticut delegate for the convention, Mr. Sherman. At this time, there was a controversial debate where different states took different sides to protect their interests in the representation in the law making branch of the government.

There were different suggestions at the time that had been brought forward by different delegates. One brought the idea that representation should be in the ratio of one representative per state. This was greater opposed by the larger states which had larger populations. Those who opposed this claimed that the issue of equality would only be resolved if the larger states were given a larger number of representatives than smaller states.

Mr. Sherman came up with the solution, where a standard population size would be awarded on representative in the congress. The special number in this case was 30,000. Per every 30,000 citizens in each state, the country got one representative. Mr. Sherman offered to take his time and go through the process of getting representatives for each state given his format.

This was referred to as the Connecticut compromise because it was suggested and advocated for by delegates from Connecticut in the constitution convention. The compromise also provided for two members to represent each state in the senate. The compromise was a blend of proposals, the New Jersey proposal and the Virginia proposal.

During the constitution convection of 1787, the state of Connecticut was represented by two delegates, Oliver Ellsworth and roger Sherman. The compromise suggestion was their brain child. It took in considerations by both suggestions that had been made earlier. The name Connecticut compromise rose because the compromise was suggested by delegates from Connecticut.

Why does the American Government have a Bicameral Legislature?

A bicameral legislature refers to a legislature with two houses. The main concept behind the bicameral legislature in America was to have a senate that was well equipped with decision makers. Members of the senate were to be put in this position by state representatives/legislatures. In early days of the system, senators were chosen from the top class of the wealthy people. At the time they were perceived as best fit to serve.

In 1787 the great compromise brought about change in functions of the senate. All states were given equal share of participation in the senate. The American constitution provides for a bicameral legislature. This is another reason why the American government has a bicameral legislature, the country aims at following the provisions in the constitution to the letter.

The legislature is the law making branch of the federal and state government. There are two houses in the American congress, however unlike in other countries where the same form of legislature exists, in America there is no upper and lower branch. Both houses operate at an equal level.

Why did Delaware ratify the constitution first before the other states?

The state of Delaware is recorded as the first state to approve the American constitution. In some contexts it is referred to as the first state when discussing about the American constitution. The process scripting and having the American constitution approved took a period of four years. During this period conventions were attended, the last convention was in 1787. After this convention, each state was given time to select a committee which would decide whether to approve or reject the constitution. The process of making such a decision is long and requires some time. However, the state of Delaware was so quick in giving its feedback regarding the constitution.

The vote for ratification was 30 against 0, meaning that all delegates voted for the approval of the constitution. This was because all delegates found that the constitution favored their state and wanted the citizens of Delaware to fully enjoy the benefits of the constitution. Delegates acted in the best interest of the citizens they were representing. The state of Delaware was among the few states that had undisputed ratification of the constitution where all delegates voted as a block for the constitution to be approved.

In conclusion

The constitutional congress of 1787 was a landmark event in America’s history that set the pace for American institutions including the arms of government. Adapting a bicameral legislature gives the two houses of congress an opportunity to preside over law making functions of the government. The state of Delaware is referred to as the first state since it was the first state to approve the constitution. Not only was it the first state to ratify the constitution but also with a high rate of approval. All delegates voted for the constitution.

Reference

Morton, J. C. (2006). Shapers of the great debate at the Constitutional Convention of 1787 a biographical dictionary. Westport, Conn.: Greenwood Press.

Does the Hong Kong Milk Powder Regulation really does it job A cost benefit analysis of the amend of the Import and Export (G

Applied Welfare Economics Project

Topic:

Does the Hong Kong Milk Powder Regulation really does it job? A cost benefit analysis of the amend of the Import and Export (General) Regulations (Cap. 60, subsidiary legislation A)

Layout:

1.Introduction

2.Background of the Issue

3.Economic analysis and Result

4.Conclusions plus discussion,including an indication of what might have been done if more time and resources had been avaliable

Introduction:

At the opening remarks by the secretary for food and health, Dr Ko Wing man,at a joint press conference take place at the 1st of February 2013 on the issue of combat cross-boundary parallel trading and to help ensure a stable supply of infant formula,The Hong Kong Government has decided to introduce two different measure,one long term and one short term one.For the short term measure the government have decide to set up 24 hours hotline to help local “mother” to purchase the 7 major brands (Abbott,Cow & Gate,Friso,Mead johnson,Nestle Nan,Snow Brand,Wyeth gold) to ensure that parents of local infants and young children are able to secure the purchase of baby formula.

But for this project we will be focusing on the long term measure that the Government bring in in this conference which took place at the 1st of March 2013,As the government consider that the supply chain failure of the baby formula is largely affected by the parallel trading activities.The huge demand of the “couriers” or the parallel traders have hugely affected the retail outlets,and created a shortage of certain brands of baby formula mainly at Sheng Shui retail outlets. To be able to combat the moves of the “couriers” or the parallel traders,The Government have amend Import and Export (General) Regulations (Cap. 60, subsidiary legislation A) to help prohibit the export of baby formula from Hong Kong except with a permit issued by the relevant authority.Under the new regulations, now only a net weight of 1.8 kilograms of baby formula (two cans) can be carried by each person for self-consumption purpose departing from Hong Kong,and in this project I will use a cost-benefit analysis to evaluate how the policy have affected the price of Milk formula in China Market and Hong Kong Market.

Background of the Issue:

The infant milk formula in Hong Kong had always been running out of stock since 2010,and became intensify in early 2013.The major reason behind this is because of the mainland chinese had lose faith with their own mainland infant milk formula,and lead to the intensify to snap up the formulas in Hong Kong.In 2008,Mainland Sanlu Group (Local infant milk formula in Mainland China) had been reported that their manufactured infant milk formula contain melamine and killed 6 baby,by that time,Premier Wen Jia Bao were confident within a year or two the government can solve the food safety problems.But in 2010,a lot of mainland babies have been discovered abnormal sexual premature after consuming another local Infant milk formula Syutra,and so a large number of individual visitors from the chinese mainland and the parallel trader came to buy milk powder in hong kong,had led to social discontent,and even the mainland china government said that 99% of Mainland infants formula are safe afterward,how many parents will actually believe the statement again?and mainland netizen questioned the 99% still mean there will be 1% of baby have the risk of drinking fault infant formula.

Because of the snap up activties,In January 2013,the Government has been closely monitoring the price and supply of infant formula in the local market,also the 7 major baby formula suppliers have also stringent measures to combat the malpractices of some retailers in Sheng Shui.The Suppliers issued 77 warnings to these retailers and restricted the supplu of 27 retailers,and suspended 11 retailers,but despite the measure taken to improve and combat malpractices of some retailers,many local parents still complain that individual brands of baby formula are out of stock at the retail level, and that there is no one answering the hotlines.The ratio betw een import formula equal to 1/4 of the consumption,far less then demand of imported milk powder

The mother website article in Hong Kong said, Because there are parallel goods trader paying people lining up to buy formulas and send back to Mainland for speculation,This rumors had make the Hong Kong local parents worried and joined up to buy the formula,and make the Hong Kong milk powder market completely out of stock.These had mades batch of people organizations took to the streets, and containment and accused Chinese which are suspected to be the parallel goods trader.

The second reason is due to the arbitrage,as the price between Hong Kong infant formulas and mainlands have a significant price different due to the import and sales taxes in China,also the RMB-HKD ratio increase throughout the pass 3 years is bigger then the price increase of Hong Kong infant formula which the parallel good trader can make a huge profit from importing.

Below are the graph of the RMB-HKD exchange rate ratio for the past 3 years

In USD ($1 = 7.7555 Hong Kong dollars) ($1 = 6.2188 Chinese yuan)

And for the brand make the most of their captive market in Mainland and mark up prices up to 4 times their level in the US / Europe makes 1 tin of foreign baby formula ranges from around RMB 2500 to RMB 450. Some high533400546100 end products of the like such as Wyeth’s Illuma, and Mead Johnson’s Enfagrow cost even more. Mainland China then levies a 10% tax on imported baby formula in an effort to promote domestic alternatives in the year of 2011. But demand driven by safety concerns is inelastic, meaning Mainland Chinese consumers absorb the extra costs while foreign brands continute to grow their market share.

Due to the 10% tax plus another 10% on quality check before importing into China also different cost (see graph),which is lower then the exchange rate of RMB-HKD increased from 1.13 in 2011 April to the current 1.248,we can see that there are a large price difference which create a arbitrage and therefore the difference is too significant and the trader can make a huge profit from trading from Hong Kong and sell them in Mainland.The policy is aim to stop parallel trader snap up the Milk formula in Hong Kong,so that the local parents can be able to purchase the milk formula by limits travelers from taking more then 1.8 kg of infant milk formula out of Hong Kong,and arrest or fine people who in violation of the new law,to increase the cost above the arbitrage (the difference),so that the parallel trader will stop snap up the formula,as the risk is increase above the price difference between the exchange rate of RMB – HKD with the Tax,so they will have to purchase in Mainland China instead.

Product (900g) Hong Kong(HKD) Guang Chou(RMB) Price Different(RMB)

Wyeth S-26 Gold 258 248 33.86

Wyeth Promil Gold 225.5 223 35.84

Wyeth Progress Gold 199 198 32.83

Wyeth Promise Gold

162.9 175 39.79

Friso Gold 1 231 258 66.27

Friso Gold 2 197 229 65.49

Friso Gold 3 174 209 64.59

Friso Gold 4 140 179 62.8

Nestle NAN. H. A. 1 243 310 110.74

Nestle NAN. H. A. 2 212.5 279.5 103.12

Nestle NAN. H. A. 3 187.5 260 104.38

Mead Johnson Nutrition Enfagrow A+ 196.9 216 52.57

(Note:Hong Kong Infant Milk Price record at June 2012,and Guang Chou infant Milk Price record at July 2012)

(note:2012 data only up to August)

(source:China Dairy food import/export society)

Economic Analysis and Results

I will run a cost benefit analysis to define whether the policy will benefit the entire so8128001092200ciety more or alternative not running the policy.

Stage 1

Proposal – Amend of the Import and Export (General) Regulations (Cap. 60, subsidiary legislation A)

Alternative – Stay the same/no change

 

Stage 2

For Proposal reference

Costs = V IL Benefits = VIG

C1 GDP in Hong Kong B1 Hong Kong Parents to be able to get milk formula

C2 Cost of enforce and implementive the policy B2 Stop Smugglers activities

C3 The Hong Kong born baby who lives in Mainland China may have problem to get infant formula

B3 Government gain money from fine

C4 To increase immigration Views Will mark

Increase congestion at the pass between Mainland China and Hong kong, and the relevant departments resulting in greater pressure B4 Reduced congestion at Sheng Shui Station due to smugglers

C5 Mainland China force to buy expensive formula B5 Retail Point to have sufficient Milk Infant Formlua

C6 B6

Conclusions plus discussion,including an indication of what might have been done if more time and resources had been avaliable

The policy violates the principle of free trade

Target Smugglers We can understand protection, restriction and fine many fine are outraged.particular the 2 year imprisonment penalty that cant be calculate into the cost

modern version of Les Miserables

Mainland market Hong Kong imported infant powder change frequently after the policy

although many trader in mainland stopped the service of buying milk powder from hk

Mainland imported infant powder increased significantly increase 21.4% in 7 days,imported infant milk increase 70%-80%

Guangzhou imported milk powder the parallel price inflation higher than mainstream price

Didnt pass PIT so in short term since March the policy doesnt benefit the whole society

Can improve when more time is given,to observe how the infant milk powder price change in long term,as the policy havent been running for long ,and clearly the mainland chinese parents were still having a hard time to find another way for their baby to get the formula,but Hong Kong parents are able to have more stock,and clearly government gain more money from fine.

but for cost benefit analysis, since its difficult to determine the full cost, not only the different in exchange rate

but also the externalities factor plus admin cost etc and additional the political reason, e.g. free trade between hk and china,so setting up quota seems not rely possible

and more reasonable way should be tax the products or increase the penalty to punish then

so this will increase the cost for the traders

for the benefit side, i think u can say that after imposing this policy, there is positive externalities to Hong Kong citizen but again, this effect is not easy to quantify

Does the enormous increase of personal bankruptcy today suggest that Americans have lost their sense of shame as many governm

Deviant Behavior

1. Does the enormous increase of personal bankruptcy today suggest that “Americans have lost their sense of shame” as many government officials believe?

The rise in national patterns of personal bankruptcies is a worrying pattern in the US, which could be an illustration of unbearable financial difficulties amongst the American population. This worrying phenomenon is attributable to a number of factors that define the economic stability of the country as well as other forces from a global outlook. While many government officials are quoted to be hastily branding these patterns as a consequence of Americans losing their sense of shame, it would be naïve to exonerate any economic player since many economic mechanisms at the disposal of the government could also bear some negligent liability. As an illustration, the blame of the cause of the recent economic crisis squarely rests on the incompetence with which the federal economic systems approached the risky economic culture that exposed not only the American but also the entire global economy to dangerous collapse threats (Wang and White, 2000). If trusting in the applicable economic system amounts to shamelessness, then this qualifies the entire American population for the same description.

While the Americans lost their sense of shame as argued, it can be identified as a consequence of trusting incompetent debt advice that has encouraged insecure economic trends. The unprecedented increases in consumer debts when compared to the personal level of income seems uncontrollably unbalanced, perhaps due to the failure of the entire economic system to discourage public engagement in risky financial trends. According to (Garrett, 2006), household spending significantly contributes to personal bankruptcy than ever before. The author reckons that the cushionary intervention introduced by bankruptcy legal reforms in 2005 were not adequate to stop the behavior of consumption that contributes to high cases in many states across the country. While the actual spending may be considered for irregular trends causing the exposure, more potent factors may come into play to catapult the condition to the worrying levels that it has reached. Spending beyond income capacity cannot be sustained for long unless the national mechanisms to discourage a national outbreak of such behaviors are ineffective. Shamelessness in national economic and legal frameworks can be said to be shameless

Considering what presents the failure in discouraging personal bankruptcy, Western capitalism is bears the largest blame. In terms of public debt escalation, the government appears to rush into debt to finance the skyrocketing spending. The effect of public spending under the extreme capitalism culture therefore exposes the population to a debt spirit that has got out of hand. Risk management has been compromised eventually exposing the entire economy to gradual paralysis manifested by personal, institutional and national debt crisis. To illustrate the failure of the national economic management systems, there is lack of coordinated raising of the alarm by whistleblowers, perhaps due to extreme capitalism that ignores any direct intervention likely to defy the principles of a liberal economic culture. As a result, a heavy public debt leads to measures such as sacrificing economic growth to finance the debts. It is therefore clear that an increase in public deficits frustrates development and growth in the national economy which exposes the population to such consequences as unemployment and heavy social spending (Neely, 1998). Western capitalization that defies the success of other Western civilizations in many respects therefore contributes to the shame of the rising bankruptcy, other than the Americans character.

Public debt that was initially intended to act as a solution to cushion the economy from adverse impacts of unprecedented expenditure has now turned into a problem. Perhaps involving education, taxation reforms, innovation and government intervention would assist the system to find out the most appropriate approach to deal with the looming challenge instead of keeping a blind eye on it (Warren, 2005). On the other hand, the blind following of the American population to the ineffective economic system and regime could also contribute to the cited shamelessness. Adopting better personal finance management could enable the American population faced with bankruptcy threats to avoid landing into trouble. Basic financial safety rules encourage individuals to spend less than they can make while sticking to a savings culture (Garrett, 2006). However, in the American population, spending is not a factor of income and savings capacity. Economic survival in such an environment could only be sustained if individuals take care of their finances to avoid adverse impacts of a deficit culture. In light of a shaky international economic outlook, it is more of a cautionary environment that should prompt the ordinary consumer to change their spending culture. However, the ordinary consumer in the American economy finds a spending incentive in the deficit thereby attracting risks of bankruptcy (Gross and Souleles, 2002). The opinion of the majority of government officials therefore holds true in view of these shameless accounts.

References

Garrett, T. (2006) “The Rise in Personal Bankruptcy: Causes, Comparisons, Corrections,” HYPERLINK “http://stlouisfed.org/community_development/assets/pdf/bankruptcy.pdf” http://stlouisfed.org/community_development/assets/pdf/bankruptcy.pdf

Gross, D. B., & Souleles, N. S. (2002) “An Empirical Analysis of Personal Bankruptcy and Delinquency,” Review of Financial Studies, 15(1):319–47

Neely, M. (1998) “Personal Bankruptcy: The American Pastime?” Retrieved from: HYPERLINK “http://stlouisfed.org/publications/re/articles/?id=1768” http://stlouisfed.org/publications/re/articles/?id=1768

Wang, H., & White, M. J., (2000) “An Optimal Personal Bankruptcy System and Proposed Reforms,” Journal of Legal Studies, 24(1), 255-286.

Warren, E., (2005) “The Over-Consumption Myth and Other Tales of Law, Economics, and Morality,” 82 Washington University Law Quarterly, 629-664

2. Is there a “terrorist personality”?

Adequate literature or research information about terrorist personality profiling techniques or existence of such personalities is elusive to terrorism and psychology students (Silke, 2001). Lack of such classification as terrorist personality does not however imply that there are no psychological links to terrorist tendencies or behaviors. Exposure to terror or inhumane treatment at personality development stages of an individual can be slightly relied on to establish some hostility tendencies but such explanations cannot sufficiently be used in the categorization of individuals to possess or lack terrorist personality (Crenshaw, 2001). Childhood abuse for instance can be relied upon to characterize an individual’s behaviors, which have been relied on by many terrorist biography drafters linking the two cases. The extent to which such information can be relied in establishment of a defective personality as observed in terror perpetrators is limited and cannot amount to confidence levels required. However, behavior profiling can be perfectly done from the background to which these individuals are exposed to.

It has been reported that children exposed to some form of hostile upbringing and trauma have been involved in some hostile life attitudes such as those exhibited by terror perpetrators. The trauma experienced during the young age condition the survivors such that their approach to cope with the injustices experienced is usually justified through hostility and violence. However, not all victim of an injustice survive to exhibit hostile lifestyles as the proponents of this observation hold. Some of the victims lead a withdrawn life, which makes this observation a selective case across the individuals. While the environmental factors in which an individual is brought up have implications on the life approaches adopted, it does not always affect the individuals in a similar manner. It would therefore be incorrect to consider the histories of such individuals as enough thresholds to brand their behaviors as terrorist personality.

In the deliberations of whether there is a terrorism disorder, terrorism would then be considered as a preserve of or purely perpetrated by victims of the respective personality disorder. While personality disorders possess certain features that assist psychologists to identify and distinguish between the wide spectrum that exists, terrorism cannot fall under that classification. However, terrorism and mental illness manifested in personality disorders can be interrogated in a parallel design. Although personality disorder victims are significantly different from terrorists, it would be naïve to assume that there are no behavioral similarities between the two despite them being entirely different. To elaborate further on this distinction, personality disorder victims are not terrorists in nature on one hand while terrorists are not particularly victims of a specific mental illness under the personality disorders. Projective identification may however bring the distinction between some manifested behaviors to a very thin line on the dichotomy.

One of the most prominent characteristics of terrorist perpetrators is a specific extremism ideology usually propagated to elicit certain hostile beliefs that are observed in nearly all cases of terrorism. Despite the apparent distinction to the effect that terrorism and personality disorders are different psychological cases, there are certain confusing elements that contribute to the controversy in some sections of scholarly work. Defense mechanisms observed in both cases contribute the apparent similarity that occasions the confusion. As an illustration, dominance of envy coupled with annihilation anxieties may be reported in both cases, making it possible to categorize terrorism tendencies as a personality disorder upon extrapolation of the same observation in specific personality disorders (Silke, 2001).

Extremist ideologies may be evoked from the nature of upbringing, environment and the influences thereon by individuals manifesting terrorist ideologies. In order for extremist ideologies to see the light of the day, the leaders in terrorist organizations formulate an effective belief system that applies manipulative and hidden agenda that plays around the victims’ psychology. Without such leaders, the terrorism organization would not be effective in perpetrating its terrorist agenda. In view of the need for organizational leadership in terrorist ideologies, it would be different were it possible for terrorism to work on some defective personality (McCormick, 2003). Since there lack of such terrorist personality profiling, it is difficult for current studies to enumerate the missing link between personality and terrorism.

In conclusion, it would be defective for modern students of terrorism to brand it as a consequence of a personality disorder (Borun, 2004). According to the author, there are several psychological explanations to terrorism behaviors in a better way than a terrorism personality perspective. Earlier research on terrorism applied psychoanalytic theory, narcissism and early typologies to significantly make contributions towards establishment of a better distinction (Silke, 2001). Instinct theory under which psychoanalytic theory and ethology perspectives fall have been applied to link accumulation of emotional and violence tendencies as provoked by a number of factors. Other perspectives applied in the study of terrorism include; the drive theory which has also been variously referred to as the frustration-aggression theory, social learning theory, cognitive theory, biological approaches (such as neurochemical, hormonal, psychophysiological and neurosychological factors) and raw empirical approaches.

References

Borun, R. (2004) Psychology of terrorism. Tampa, FL: University of Florida Press

Crenshaw, M. (2001) “The Psychology of Terrorism: An Agenda for the 21st Century,” Political Psychology, 21(2):405-420.

McCormick, G. H. (2003) “Terrorist Decision Making,” Annual Review of Political Science, 6:473-507.

Silke, A. (2001) “The Devil You Know: Continuing Problems with Research on Terrorism,” Terrorism and Political Violence, 13(4):1-14.