Author: Eleanor Stratton

  • State Authority in Presidential Elections

    The Electoral College System The U.S. Constitution outlines a unique process for selecting the president called the Electoral College. Under Article II, Section 1, states have significant influence over how presidential elections unfold. Each state can decide how to appoint its electors, though most opt for a popular election. Maine and Nebraska take a different…

  • Constitution Election Rules

    The Elections Clause The Elections Clause in Article I, Section 4, Clause 1 of the U.S. Constitution establishes a framework for elections, delegating initial authority to state legislatures while granting Congress the power to adjust these rules. States decide the "Times, Places, and Manner" of congressional elections, but Congress can change these arrangements. This dual…

  • Congressional Term Limits

    Historical Context and Public Opinion Term limits in the United States have a complex history. They first appeared during the Articles of Confederation era, restricting delegates to three years of service within any six-year period. This concept didn't survive the drafting of the U.S. Constitution, leaving congressional service unlimited, unlike the executive branch where presidents…

  • Free Speech vs. Hate Speech

    Legal Framework of Free Speech The First Amendment of the United States Constitution protects speech from governmental overreach, but it isn't absolute. Certain types of speech fall outside its protection: Conversely, hate speech often remains protected despite being offensive. The U.S. legal system defends vigorous debate, even if the speech offends. However, hate speech that…

  • Economic Impact of Illegal Immigration

    Labor Market Effects Illegal immigration plays a notable role in the U.S. labor force. Contrary to popular belief, evidence suggests it does not significantly lower native-born workers’ wages. While increasing labor supply might seem to lower wages, firms often respond by increasing investment, maintaining or even raising average wages over time. Immigrants frequently fill roles…

  • Remote Work and Carbon Emissions

    Constitutional Authority and Remote Work The issue of whether federal and state governments can mandate remote work to reduce carbon emissions involves constitutional powers granted by various clauses and amendments. The Commerce Clause in Article 1, Section 8 of the Constitution gives Congress authority to regulate interstate commerce, which could potentially support federal mandates on…

  • Exotic Pet Ownership Rights

    Constitutional Protections and Exotic Pets In the United States, exotic pet ownership intersects with constitutional rights and state powers. The U.S. Constitution guarantees certain freedoms, including property rights, which some argue extends to owning animals of one’s choice. However, these freedoms have limits. State powers can regulate exotic pet ownership to protect public health, safety,…

  • Constitutional Pricing Debate

    Historical Context of Government Pricing Government-controlled pricing has been a recurring theme throughout history, often implemented during times of crisis or economic upheaval. Here are some key examples: These historical instances highlight the ongoing tension between market freedom and state control, with economists often debating the implications of such interventions on supply-demand dynamics. Constitutional Powers…

  • Fourth Amendment and Surveillance

    Historical Context of the Fourth Amendment The Fourth Amendment’s roots trace back to English common law, where general warrants and writs of assistance allowed authorities to search homes and seize property without probable cause. This invasive environment sparked colonial concern over personal privacy and property rights. When creating a new governmental structure, the Framers sought…

  • Labor Law Effects on Small Biz

    Overtime Pay Changes The Department of Labor has increased the minimum salary threshold for overtime pay eligibility to $43,888 annually starting July 1, 2024, with a further increase to $58,656 on January 1, 2025. This change means many salaried employees who previously didn’t qualify may now be entitled to overtime pay. For small businesses, this…