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Interstate Agencies: The Port Authoritys Birth and Operation (Article 1, Sect. 10, Par. 3) - Annotated Bibliography Example

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Constitution provision has been used since its passage, and how it has shaped the administrative power in regulating commerce across the entire country. Commerce in this case, is used in the context of…
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Interstate Agencies: The Port Authoritys Birth and Operation (Article 1, Sect. 10, Par. 3)
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Inter Agencies Deshauna Fraser Pad 700 Inter Agencies Jordan, L., T (1999). The U.S. constitution: And fascinating facts about it. Washington: Oak Hill Publishing Co
Jordan’s article seeks to identify the extent at which the U.S. Constitution provision has been used since its passage, and how it has shaped the administrative power in regulating commerce across the entire country. Commerce in this case, is used in the context of transporting goods across the country for sale. Section 10 of the article emphasizes on how the 3rd clause of the constitution, has progressed historically until it has come to be dominated by commerce.
n.a. (n.d). Article I. retrieved from http://caselaw.lp.findlaw.com/data/constitution/article01/
According to this article, it has been realized that in 20th century the U.S. constitution used to impose limitation on power that was exercised by the Federal government in creating peace. No state, unless with the consent of congress, was allowed to lay any tonnage duty, keep ships of war or troops in time of peace, compact with another state, or engage in war unless invaded. However, there are two recognized benefits of the third clause of the current U.S. constitution. The first one is providing the most prominent power that can be exercised by every administrative agency, and the second one is restrictive operations and limited state power that is being exercised.
Peacock, A., A. (2008). Deconstructing the republic: Voting rights, the Supreme Court, and the founder’s republicanism reconsidered. New York: Aei Press.
Peacock’s book offers a clear picture of how Chief Justice Marshall, argues on the need for the Federal Government to regulate commerce by limiting it to traffic, to interchange of commodities, and to selling and buying. In order to make this regulation possible, the Constitution provision has therefore been employed to shape the power state of Federal Government. However, the impact of constitution provision in shaping administrative action is that, the constitutional lawyers have seriously restricted operations and that the constitution itself imposes limitations on exercising state power.
Galvin, F., J. (1929). The New York port authority: An interstate agency to develop the facilities of the greatest harbor in the world. New York: Massachusetts Institute of Technology.
In this book, Galvin seeks to outline the impact of the constitution provision on business and economic environment in United States especially in New York. The provision empowers the Port Authority in its efforts of ensuring that New York and New Jersey tops the country’s economy. Therefore, the agency is extremely cautious on the quality of its services, efficiency in the provision of services, interstate relation and how well it competes with other entities. For example, a section on construction program provides the Port Authority with an opportunity to participate in procuring construction goods.
Totten, M. (2012). US commerce laws that have the most impact on interstate business. Retrieved from http://www.helium.com/items/2384779-us-commerce-laws-that-have-the-most-impact-on-interstate-business
In this article, Totten gives a description on how the constitution provision impacts on interstates port business. The commerce laws limit the Supreme Court’s power over interstate trade and production, an action that directly affects the economy. However, the courts still battle over the exact limits on federal power and the extent of these limitations.
Saywell, T., J. (2004). The lawmakers: Judicial power and the shaping of Canadian federalism. Canada: University of Toronto Press, Scholarly Publishing Division
According to this article, the constitution provision provides an authoritative guide on interstate relation and the role of Supreme Courts in the matter. It typically regulates the law governing interstate division of power and the contribution of the Supreme Court in making those laws. In this case, it provides that, for a better federalism amongst the states the Supreme Court and the judicial committee’s role in law making process should be critically examined in relation to the constitution. The article also focuses on the judicial committee’s argument that lead to the elimination of the federal government’s power on economic and social issues.
Leach, H. R. (n.d). Interstate authorities in the United States. Retrieved from http://scholarship.law.duke.edu/cgi/viewcontent.cgi
Leach’s article seeks to identify six interstate authorities found in the United States, and they include “ The Tennessee-Missouri Bridge Commission; ” “The Port of New York Authority;” “The Maine-New Hampshire Interstate Bridge Authority; ” “The Lake Champlain Bridge Commission; ” “ The Delaware River Port Authority; ” “The Delaware River Joint Toll Bridge Commission.”The purpose of these interstates is to construct, maintain, and operate a particular public utility called the United State port. The constitution provision has therefore realized that among all the interstate agencies, four of them are small and have limited capacities in providing effective services to meet the needs of the public. However, in order to curb this problem, the constitution provision has suggested the integration of two interstate “The Delaware River Port Authority” and “The Delaware River Joint Toll Bridge Commission.” The purpose of this integration is to provide a joint attack on a variety of problems.
Evartt, F. D. (2003). Interstate agencies. Retrieved from http://www.msa.md.gov/msa/mdmanual/38inters/html/00list.html
In his article, Evartt reveals how Interstate agencies provide opportunities for states in working as a unit in order to acquire common purposes. The compacts that create these agencies are, therefore, approved by the constitution provision, hence making their services more effective. For instance, the constitution provision assists the interstate agencies dealing with insurance product regulations, in protecting the insurance consumers’ interests, developing even standards for insurance products, and establishing general clearinghouse for an urgent review of insurance products.
n.a. (n.d). Railroad Retirement Act. Retrieved from http://constitutions.vlex.com/vid/section-powers-of-congress-295499#secc48
According to this article, it is realized that the constitution provision emerges to be the key contributor of protecting commerce and labour engagement in the rail sector. Under the Railroad Retirement Act, there is an establishment of legislation on ordering compulsory retirement of employees in the rail sector where they are paid pensions both in present and the future. In “Railroad Retirement Board v. Alton R.R” the legislation is held by the court to be broad than the congress’ power of regulating commerce and divergent to the process clause of the 5th amendment.
n.a. (2012). New Jersey Statutes - Title 32 Interstate and Port Authorities and Commissions - 32:1-1 Preamble. Retrieved from http://law.onecle.com/new-jersey/32-interstate-and-port-authorities-and-commissions/1-1.html
According to this article, the States of New Jersey and New York entered into a fixing agreement while determining the obligations and rights of both states. The aim of the agreement was to develop and increase the port’s commerce in New York. However, the constitution provision provided support by coordinating the whole terminal and increasing the territory around the port. It also emphasized that in order to formulate and execute the required physical plan for future development; both New Jersey and New York had to cooperate through a joint agency.
In conclusion, this paper gives a clear description of how the U.S. constitution has been used since its passage. Currently, it has been used to shape the administrative power in order to regulate commerce across the country. We find that apart from regulating the administrative power, the paper also reveals its impact towards exercising the state power.
References
Galvin, F., J. (1929). The New York port authority: An interstate agency to develop the facilities of the greatest harbor in the world. New York: Massachusetts Institute of Technology.
n.a. (n.d). Article I. retrieved from http://caselaw.lp.findlaw.com/data/constitution/article01/
Jordan, L., T (1999). The U.S. constitution: And fascinating facts about it. Washington: Oak Hill Publishing Co
Saywell, T., J. (2004). The lawmakers: Judicial power and the shaping of Canadian federalism. Canada: University of Toronto Press, Scholarly Publishing Division
Peacock, A., A. (2008). Deconstructing the republic: Voting rights, the Supreme Court, and the founder’s republicanism reconsidered. New York: Aei Press.
n.a. (2012). New Jersey Statutes - Title 32 Interstate and Port Authorities and Commissions - 32:1-1 Preamble. Retrieved from http://law.onecle.com/new-jersey/32-interstate-and-port-authorities-and-commissions/1-1.html
n.a. (n.d). Railroad Retirement Act. Retrieved from http://constitutions.vlex.com/vid/section-powers-of-congress-295499#secc48
Evartt, F. D. (2003). Interstate agencies. Retrieved from http://www.msa.md.gov/msa/mdmanual/38inters/html/00list.html
Leach, H. R. (n.d). Interstate authorities in the United States. Retrieved from http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2898&context=lcp&sei-redir=1&referer=http%3A%2F%2Fwww.google.co.ke%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3D%253AInterstate%2BAgencies%253A%2BThe%2BPort%2BAuthority%25E2%2580%2599s%2BBirth%2Band%2BOperation%2B%26source%3Dweb%26cd%3D2%26cad%3Drja%26ved%3D0CDQQFjAB%26url%3Dhttp%253A%252F%252Fscholarship.law.duke.edu%252Fcgi%252Fviewcontent.cgi%253Farticle%253D2898%2526context%253Dlcp%26ei%3DPZWuUL6RJsiohAe1qIEo%26usg%3DAFQjCNENcmKdRbLUOe53hHASXJ__J4Iuzg#search=%22%3AInterstate%20Agencies%3A%20Port%20Authority%E2%80%99s%20Birth%20Operation%22
Totten, M. (2012). US commerce laws that have the most impact on interstate business. Retrieved from http://www.helium.com/items/2384779-us-commerce-laws-that-have-the-most-impact-on-interstate-business Read More
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