No Healthcare Penalty? No Problem: No Due Process

2012 ◽  
Vol 38 (2-3) ◽  
pp. 516-536
Author(s):  
Steven J. Willis ◽  
Nakku Chung
Keyword(s):  
Due Process ◽  
List Type ◽  
Type Number ◽  
Section 8 ◽  
Patient Protection ◽  
Commerce Clause ◽  
The People ◽  
Tenth Amendment ◽  
Direct Tax ◽  
The U.S

The Patient Protection and Affordable Health Care Act (“Act”), which mandates all individuals to have health insurance and “penalizes” those who do not, is unconstitutional for five well-documented and well-argued reasons:1.The mandate for individuals to purchase healthcare (“Mandate”) exceeds Congress's power to regulate commerce among the several states under the Commerce Clause of article I, section 8, clause 3 of the U.S. Constitution.2.The penalty imposed on individuals who fail to honor the Mandate (“Penalty”) is an unconstitutional direct tax because it is unapportioned, as required by article I, section 1, clause 3, and by article 1, section 9, clause 4.3.The Penalty does not satisfy the Necessary and Proper Clause of article I, section 8, clause 18.4.The Act violates the Tenth Amendment reservation of unenumerated powers to the states and to the people.5.The mechanical, procedural aspects of the Penalty violate the due process guarantee in the Fifth Amendment.

Economic Lirowth and Human Rights in Brazil: The First Nine Years of Military Tutelage

1973 ◽  
Vol 67 (5) ◽  
pp. 208-213
Author(s):  
Brady Tyson
Keyword(s):  
Distribution Patterns ◽  
Police Brutality ◽  
List Type ◽  
Type Number ◽  
Political Democracy ◽  
The Past ◽  
The People ◽  
The Military ◽  
The City

This is an interim, summary and provisional judgment on the Brazilian experiment of the past nine years, that is, since the military took power on April 1, 1964. To try to give an impression of the results of the interaction among the values of political democracy, equality, and economic growth, and the present levels compared with those of 1964 as well as what appear to be the trends. I have chosen six “indicators”:(1)the autonomy and integrity of the legal system;(2)torture and police brutality;(3)freedom of the mass media;(4)income distribution patterns;(5)education distribution patterns; and(6)the quality of life of the people of the city of greater São Paulo.

Increased Use of Helicopters in Commercial Agriculture

1966 ◽  
Vol 70 (672) ◽  
pp. 1073-1075
Author(s):  
R. A. Moore
Keyword(s):  
World Population ◽  
List Type ◽  
Primary Reason ◽  
Type Number ◽  
Commercial Agriculture ◽  
Remarkable Increase ◽  
The Past ◽  
Population Explosion ◽  
The People ◽  
The World

The past few years have evidenced a remarkable increase in the use of helicopters in agriculture. There are any number of individual reasons for this: helicopters are more plentiful, for example, but the primary reason is one of simple economics combined with a capability to meet new demands. The demands have been generated by the overwhelming population explosion. Sometimes hard to imagine and even more difficult to cope with, but the facts remain that:1.25 % of all the people that ever existed on earth are living on it today,2.The world population increases at a rate of 5400 people every hour; and3.This staggering number of people will double again within the next 40 years.

International assistance for victims of use of nuclear, radiological, biological and chemical weapons: time for a reality check?

2009 ◽  
Vol 91 (874) ◽  
pp. 329-340 ◽  
Author(s):  
Robin Coupland ◽  
Dominique Loye
Keyword(s):  
International Organizations ◽  
Chemical Weapons ◽  
List Type ◽  
Type Number ◽  
International Level ◽  
International Assistance ◽  
Reality Check ◽  
The People ◽  
Response Capacity ◽  
Humanitarian Organization

AbstractThe risks of the use of nuclear, radiological, biological or chemical (NRBC) weapons are heterogeneous. Each risk has its own implications for developing and deploying any capacity to assist victims of an NRBC event and, in parallel, for the health and security of the people bringing this assistance. At an international level, there are no plans for assisting the victims of an NRBC event which are both adequate and safe. Recognizing the realities of the contexts associated with each risk throws up numerous challenges; such recognition is also a prerequisite for addressing these challenges. The realities that have to be considered relate to: 1.developing, acquiring, training for and planning an NRBC response capacity;2.deploying a response capacity in an NRBC event;3.the mandates and policies of international organizations pertaining to NRBC events.The challenges that will pose the greatest difficulty for a humanitarian organization are those for which the solutions are ‘non-buyable’ and which involve making extremely difficult decisions. Attempting to assist victims of an NRBC event without a reality-based approach might generate ineffective and unacceptably dangerous situations for those involved.

Putting Latin American Debt to Work: A Positive Role for the US

1989 ◽  
Vol 31 (4) ◽  
pp. 1-22
Author(s):  
L. Ronald Scheman ◽  
Norman A. Bailey
Keyword(s):  
Latin America ◽  
Central Bank ◽  
Latin American ◽  
Free Fall ◽  
List Type ◽  
Type Number ◽  
Positive Role ◽  
The People ◽  
The Us ◽  
The Government

The long anticipated collapse of the economies of Latin America is already underway. The facts:•In Argentina, the currency devalued over 1,000% in less than four months and was close to a free fall as the Central Bank has no resources to stabilize the market and riots wracked provincial cities.•Brazil approaches hyperinflation now running at close to 1,000% as the government has given up on trying to curb inflation through traditional means and resorted to extensive indexing to enable the people to cope.

scholarly journals The Supreme Courts Decision On The Affordable Care Act: Abrogating Article III Of The Constitution

2012 ◽  
Vol 9 (1) ◽  
pp. 79-84
Author(s):  
Martin D. Carrigan
Keyword(s):  
Supreme Court ◽  
Affordable Care Act ◽  
The United States ◽  
Supreme Courts ◽  
Chief Justice ◽  
Commerce Clause ◽  
The People ◽  
The Supreme Court ◽  
The Law ◽  
The U.S

In National Federation of Independent Business v. Katherine Sebelius, Secretary of Health and Human Services, Case No. 11393, the Supreme Court of the United States affirmed most of the 2010 Affordable Care Act (ACA). In holding the ACA as valid (constitutional), Chief Justice Roberts reasoned that the taxing power in the U.S. Constitution was the reason that the law was enforceable. Although a strong dissent on such reasoning was written by four other Justices, Roberts also wrote that laws are entrusted to our nations elected leaders, who can be thrown out of office if the people disagree with them. [1]Roberts also wrote that the Commerce Clause in the U.S. Constitution did not give Congress authority to pass the ACA. Moreover, Congress could not impose unfunded mandates on the States to expand Medicaid. In so writing, Roberts disposed of the chief arguments of those in favor of the law and provided a bone to those who opposed it. But, by then holding that Congress taxing power was sufficient to uphold the law, Roberts ignored the Federal Anti-Injunction statute and called into question the ability of the Supreme Court to hold a law passed by Congress entirely unconstitutional. By writing that, in effect, the Court should defer to Acts of Congress, Roberts attempted a finesse first exercised by Chief Justice John Marshall in Marbury v. Madison in 1803. While it may seem as if he intended to demonstrate the same legal adroitness of Marbury, instead he deferred to the wishes of Congress, going through legal gymnastics to uphold a law that many scholars saw as indefensible, and damaged the power of the Supreme Court given to it in Article III immeasurably.

Solar Corona Investigation by the Coronal Line Photometer at Lomnický Peak

1994 ◽  
Vol 144 ◽  
pp. 431-434
Author(s):  
M. Minarovjech ◽  
M. Rybanský
Keyword(s):  
Solar Corona ◽  
Time Resolution ◽  
Active Regions ◽  
High Time ◽  
High Time Resolution ◽  
List Type ◽  
Type Number ◽  
Coronal Line ◽  
Global Cycle

AbstractThis paper deals with a possibility to use the ground-based method of observation in order to solve basic problems connected with the solar corona research. Namely:1.heating of the solar corona2.course of the global cycle in the corona3.rotation of the solar corona and development of active regions.There is stressed a possibility of high-time resolution of the coronal line photometer at Lomnický Peak coronal station, and use of the latter to obtain crucial observations.

The LDE-Type Flare Occurrence (1969-1993)

1994 ◽  
Vol 144 ◽  
pp. 279-282
Author(s):  
A. Antalová
Keyword(s):  
Time Series ◽  
Fourier Analysis ◽  
Sunspot Cycle ◽  
List Type ◽  
Type Number ◽  
Solar Cycles ◽  
Type Iv ◽  
Long Duration ◽  
Cycle Maximum ◽  
Flare Index

AbstractThe occurrence of LDE-type flares in the last three cycles has been investigated. The Fourier analysis spectrum was calculated for the time series of the LDE-type flare occurrence during the 20-th, the 21-st and the rising part of the 22-nd cycle. LDE-type flares (Long Duration Events in SXR) are associated with the interplanetary protons (SEP and STIP as well), energized coronal archs and radio type IV emission. Generally, in all the cycles considered, LDE-type flares mainly originated during a 6-year interval of the respective cycle (2 years before and 4 years after the sunspot cycle maximum). The following significant periodicities were found:• in the 20-th cycle: 1.4, 2.1, 2.9, 4.0, 10.7 and 54.2 of month,• in the 21-st cycle: 1.2, 1.6, 2.8, 4.9, 7.8 and 44.5 of month,• in the 22-nd cycle, till March 1992: 1.4, 1.8, 2.4, 7.2, 8.7, 11.8 and 29.1 of month,• in all interval (1969-1992):a)the longer periodicities: 232.1, 121.1 (the dominant at 10.1 of year), 80.7, 61.9 and 25.6 of month,b)the shorter periodicities: 4.7, 5.0, 6.8, 7.9, 9.1, 15.8 and 20.4 of month.Fourier analysis of the LDE-type flare index (FI) yields significant peaks at 2.3 - 2.9 months and 4.2 - 4.9 months. These short periodicities correspond remarkably in the all three last solar cycles. The larger periodicities are different in respective cycles.

Discussion following the presentation by F. Deubner

1977 ◽  
Vol 36 ◽  
pp. 69-74
Keyword(s):  
List Type ◽  
The Sun ◽  
Type Number ◽  
Harmonic Motion ◽  
Locally Excited ◽  
Long Period ◽  
Coherent Wave ◽  
Short Period ◽  
Global Modes

The discussion was separated into 3 different topics according to the separation made by the reviewer between the different periods of waves observed in the sun :1) global modes (long period oscillations) with predominantly radial harmonic motion.2) modes with large coherent - wave systems but not necessarily global excitation (300 s oscillation).3) locally excited - short period waves.

Prominences and Solar Activity

1979 ◽  
Vol 44 ◽  
pp. 357-372
Author(s):  
Z. Švestka
Keyword(s):  
Solar Activity ◽  
Solar Cycle ◽  
List Type ◽  
Type Number ◽  
Flare Loops ◽  
Filament Activation

The following subjects were discussed:(1)Filament activation(2)Post-flare loops.(3)Surges and sprays.(4)Coronal transients.(5)Disk vs. limb observations.(6)Solar cycle variations of prominence occurrence.(7)Active prominences patrol service.Of all these items, (1) and (2) were discussed in most detail and we also pay most attention to them in this report. Items (3) and (4) did not bring anything new when compared with the earlier invited presentations given by RUST and ZIRIN and therefore, we omit them.

A New System For Optomanual Semiautomatic Quantitative Image Analysis

1977 ◽  
Vol 35 ◽  
pp. 210-211
Author(s):  
H.P. Rohr
Keyword(s):  
Image Analysis ◽  
Volume Density ◽  
List Type ◽  
Distribution Analysis ◽  
Type Number ◽  
Point Counting ◽  
Human Eye ◽  
Quantitative Image ◽  
Point Density ◽  
Electronic Counting

Today, in image analysis the broadest possible rationalization and economization have become desirable. Basically, there are two approaches for image analysis: The image analysis through the so-called scanning methods which are usually performed without the human eye and the systems of optical semiautomatic analysis completely relying on the human eye.The new MOP AM 01 opto-manual system (fig.) represents one of the very promising approaches in this field. The instrument consists of an electronic counting and storing unit, which incorporates a microprocessor and a keyboard for choice of measuring parameters, well designed for easy use.Using the MOP AM 01 there are three possibilities of image analysis:the manual point counting,the opto-manual point counting andthe measurement of absolute areas and/or length (size distribution analysis included).To determine a point density for the calculation of the corresponding volume density the intercepts lying within the structure are scanned with the light pen.

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