How is the positive conception of the higher law preserved

Assignment Help Business Law and Ethics

Reference no: EM131266875

Reply to ANY THREE OF THE FOLLOWING FOUR

Questions.

Q1 Read all of Velk's remarks that are found on the course outline for week 8 (Mycourses>Table of Contents> Course Outlines> Week Eight), and base your answers on what Velk has written.

How does the Original Constitution (with the first ten amendments but without any further amendments) create a distance between the raw popular will and the actual outcome of the process by which any particular proposal becomes officially established as law? Answer by specifying two relevant, but no longer present elements of the original Constitution, that in your opinion placed limits on the range of options available to the Congress as its members sought for ways to introduce and finance new laws. Hint: think about Senators and taxes

Base your answer on the reading linked.

https://www.classicapologetics.com/special/Corwin.HLR.12-1928.pdf

According to the original version of American Constitution, at least as according to Corwin, what is the idea of "a higher law" that provides ground for the supremacy of the American Constitution? In making your reply, quote Corwin and interpret what he has to say.

In contrast, nowadays what are the two ideas that support in conjuncture the supremacy and the legality of the Constitution? In making your reply, once again quote Corwin and interpret what he has to say.

According to Corwin, what are the differences between the imperial constitution i.e. the English Constitution and the American Constitution?

In practice, how is the positive conception of the higher law preserved? Corwin talked about how the supremacy of the common law was maintained against the royal power. Explain his argument in your own words. Mention what, in the American Constitution is the equivalent of "the royal power".

Base your answer on the article linked above.

https://www.nationalreview.com/article/431795/antonin-scalias-originalism-why-critics-are-wrong

What is originalism? Why is it capable of dealing with the evolution of American society? Show, from Scalia's essay, how it remains applicable in the case of a thermal imager, despite the fact that this technology was unknown at the time of the founding?

According to Scalia's statement on originalism, should judges pay much attention to the social consequences of their decisions? How does originalism preserve the Constitution?

According to the originalists, what prevents the Supreme Court from being politicized? On the other hand, what causes its politicization? Why should the politicization of the Supreme Court be prevented?

Q4 The supporting text for the Grim Theory is provided on Mycourses>Table of Contents> Readings

This question is about the GRIM game theory view of conditions necessary for voluntary adherence to long run trading agreements. Assume two traders; one is the "employer" the other the "employee". Each has an endowment of resources, which may be self-employed, or alternatively put into use in combination with the labor and resources of the other player.

If player one (the "employer") uses his endowment himself, and works entirely alone, he may enjoy net earnings of $4000 per year every year forever. Player two can earn net income of $2000 a year by working entirely alone. Alternatively, player one may advance $4000 of resources to player two, on the understanding that player one will sell the goods produced by player two for a total of $8,000 and share the proceeds. Assume the "boss" always has secure title to the resources in the exchange. That is, assume the "worker" has no independent ownership of any of the assets at work in the example.

The "employer" (player one) will give player two $3000 and keep the rest ($5,000) for himself. As long as neither player cheats, the agreement will go on forever. This agreement will be cancelled, and neither player will ever again have a business relationship with the other, it either one violates the agreement. The GRIM theory asks: "under what conditions will players break the agreement?"

a) If both players keep the agreement, how much annual profit, above the profit earned when each works alone, is earned by player one? How much by player two?

b) What is the one-time gain, above working together, earned by player one if he violates the agreement? Violating the agreement means that player one will sell the goods produced by player two for $8000, and keep all the money for himself.

c) What is the annual loss, as opposed to working together, going forward, experienced by player one, after he violates the agreement?

d) Under what conditions will player two, the employee, break the agreement?

e) Over what range of interest rates will player one violate the agreement? Show the calculations.

Attachment:- Grim Theory.pdf

Reference no: EM131266875

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