An Interstate Agency and the Greatest Harbor in the World - Article Example

An Interstate Agency and the Greatest Harbor in the World Abstract Interstate agencies on ports authorities are outline in Article 1, section 10, and in part 3 of the United States constitution. This provision has significantly affected the administrative practices of the current agencies. There are a number of ways in which this provision is relevant to today’s administrative practices as reflected in the ten articles reviews on the fourth section of the paper. The first one is that the provision allows agencies from different countries to integrate into one large agency. The second one outlines the role of the supreme courts in making laws that affect the administration of port agencies. The last one the provision regulates the power of the agencies in exercising its administrative practices. The ten articles also outlines how the constitution provision ended up in the constitution, when and how it has been used since its passage, especially in the 20th century (Jordan, 1999). Section II The constitution provision, in this case, was written in 1787 and ratified the following year. Since then, the provision regulates the port’s administrative practices. The U.S. constitution is a combination of ideas and views from a significant number of American people and related document such as Declaration of Independence and Articles of Confederation (Peacock, 2008). Therefore, ratifying of the provision was done in a constitutional convention manner. Moreover, the main contributors to the existence of the U.S. constitution are referred to as Founding Fathers. These Founding Fathers includes George Washington, James Madison, Thomas Jefferson, Thomas Paine and John Adams. Most of them were involved in the constitutional ratifying process. For instance, American president George Washington was the one that presided over the process. Everyone one of them had the vision of a better governance and proper division of federal power. Therefore, the main reason that led to drafting the constitution was to regulate the power of the governing bodies on their administrative practices. Since the ratification of provisions in the constitution, in 1787, there had been twenty seven amendments by 1992. Constitutional amendments are either influenced by anti-federalists who oppose some provisions or upon a review of a provision by the judicial committee (Evartt, 2003). Both groups engage in a debate until a common or general understanding is reached. The general understanding of the provision, in this case, would be “The Port Authority’s Birth and Operation,” “regulation of port power over the country’s economy”. Section III A constitution provision would end up in the constitution only after a conclusive debate or in some cases, although rare cases, no debate was necessary. Interstate agency provision came into existence following three main considerations. The first one is that the provision was meant to protect interstate attacks. For example, the provision states that no state is allowed to enter into an agreement with another without a document to clarify the union. The second one forbids any other state from interfering with interstate business operations between America and another state. It provides that port’s administration shall not impose any duties or impost on American export and import goods without consulting the Congress. Finally, the provision exempts U.S. military forces from taxes charged when entering or using a port. (Galvin, 1929) Section IV: Meaning for Administrative Practice and/or the Making of Public Policy 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. It also describes how it has shaped the administrative agencies 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. Jordan also focuses on how the constitution came to be and how provisions were approved as well as acknowledging the founding fathers. Moreover, the story of the founding father outlines two main lessons. The first one is that ratification of constitution provision of the United States constitution happened in 1787. The second one is that the constitution ratification process involved convention, debates and borrowing of ideas from legal literatures and citizens. According to Jordan the constitution of the United States consists of articles, sections and clauses whereby the provision on administrative agencies is in Article 1, section 10 on the 3rd clause. This section help to regulate administration’s power and operations in any port authorities across the countries that engage in trading activates with America. This practice involves taxes, port duties and use of the port facilities. The provision regulates the division of power between states government over the port authority in administering its powers as an agency. 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. The article focuses on the three clauses in the first Article and section 10. The first clause states that no treaties, alliances, or confederation between countries. For instance, the courts used this clause during the civil war in 1797 to rule against the legal existence of Confederations formed by countries that pulled from the war. The second one states that unless it is necessary or with approval of the Congress, the state shall not lay impost or duties on export and import goods. The provision exempts goods in boxes or the ports warehouses from taxation as state’s property. The third clause states that no state, unless with the consent of congress, is allowed to lay any tonnage duty, keep war ships or troops in time of peace, compact with another state, or engage in war unless invaded. This is where the state is prohibited from using military power to bring down disloyal port administrator stronger than the civil authority. However, there are two benefits of the third clause of the current U.S. constitution. The first one is that it provides the most influential power that can be exercised by every administrative agency. 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. The federal government has every right to impose taxes on any state property owned by a group or individuals. However, the impact of constitution provision in shaping administrative action is that, the constitutional lawyers have highly restricted operations and that the constitution itself imposes limitations on exercising state power. The provision states that, goods lying in a port can only be subjected to taxation when separated from other import goods and used for other purposes such as selling or consumption. Goods meant to be exported to a foreign country and are lying in a port are referred to as original package. An original package is not subjected to taxation, but it is to any charges on port services. The clause also determines how long certain import goods are to remain on the port. 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 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, ” and “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. In addition, the provision provides a basic way of establishment port authorities through the “Cohen Process” and assistance from already established authorities. Cohen Process involves first coming up with a study commission to research in all areas involving port formation. The commission should include a lawyer to solve regal matters during the study. Finally, the commission needs to make recommendations on how to establish the agency and its administrative practices. 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. For example, the states may work together to control environmental pollution, terrorism or corruption. The compacts that create these agencies are approved by the constitution provision. In this case, the provision that approves agencies is in Article 1, section ten, clause 3. This, therefore, makes their services legal and 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. Most of these agencies are formed to assist in finding solutions to challenges facing the involved states. Inclusion of this provision in the constitution makes it the state’s obligation to engage in interstate agencies formation. For example, the 3rd clause of the provision prohibits the state from using military power in solving interstate problems. Therefore, since states will have to face challenges, creating agencies whose administrative practices are regulated by the constitution, is the best option. Good examples of such interstate agencies are the Maryland independent agencies. Although, Maryland agencies are independent government organizations, they still receive administrative support from constitution provisions. 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 labor engagement in the rail sector. Entry of the federal government into the issues of land transport was to try and control abusive administrative practices in the sector. Since 1866, a number of constitutional Acts have been passed on the matter. The first one authorized railway companies to join the rail to form a continuous network across the counties in order to easy interstate transportation. The second one prevents any conflict in administrative practices of the companies involved in providing railway services across the states. The third one is the interstate commerce Act, whose main responsibility is to come up with reasonable railway rates. The fourth one regulates the transportation of livestock across the states to avoid the spread of diseases. Finally, the Railroad Retirement Act that 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 solve the conflict between the two ports as well as developing and increasing the port’s commerce in New York. 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. Future development on port’s facilities, transportation and efficiency in the provision of services would mean large sums of money and proper coordination. Therefore, having a common agency place the New Jersey and New York port authority in a better position in accomplishing such goals. For instance, since the merge there have been significant developments around the port whereby the area has become a commercial center. In addition, in 1834 the agreement was amended to cover all the administrative practices of the port as a single agency. This action did not only solve the conflict between the two ports, but also it has a significant impact on the country’s economy. 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 article, Galvin seeks to outline the impact of the constitution provision on interstate 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. For example, a section on construction program provides the Port Authority with an opportunity to participate in procuring construction goods. Therefore, the agency is extremely cautious on a number of factors. The first one is provision quality services and efficiency in the provision of those services. These ensure service to a large number people and in the production of standard goods. The second one is providing a networking system for easy accessibility. Finally, ensuring a good interstate relation and strengthening economic competitiveness with other entities. The New York and New Jersey port authority came into existence in 1920s following a political division between the two ports. The controversy between the two resulted from the fact that they shared a common harbor as well as the boundary line in Hudson River. However, in 1921the New York Authority became the first interstate agency to be established in accordance with constitution provision. Emerging led to advancements in trade promotion and realization of the port’s ability to meet transportation problems. 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. Instead of focusing on what the law does, Saywell focuses on how the courts, Supreme Court, and judicial committee interpret the law. The article also focuses on Saywell’s study on the original constitution structure compared to today’s constitution. In his study, he went beyond basic examination of written documents, but also analyzed the oral arguments of the judicial committee. He concluded that the judicial committee’s argument had led to the elimination of some federal government’s power on economic and social issues. Saywell argue that the eliminated powers would have been of substantial help in solving economic and social issues in the twentieth century. He also realized that the different approaches in judicial discussion, review, debates and argument were meant to determine the intention of the original framers. 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. For instance, the commerce clause in article 1 of the United States’ constitution governs the administrative practices of interstate businesses. The clause also mandates the Congress to regulate interstate transactions. In this case, the commerce laws limit the Supreme Court’s power over interstate trade and production, an action that directly affects the economy. For instance, the commerce laws barred the Supreme Court from determining whether the patient protection and affordable care Act fall under the commerce clause. However, the courts still battle over the exact limits on federal power and the extent of these limitations. The most recent judicial interpretation of the commerce clause outlined the powers of Congress over the interstate business. The Congress was mandated the power to make laws that regulated administrative practices of any government organization involved in the interstate trading, including the port agencies. Therefore, regardless the limitations on federal power, the main purpose as per the interstate commerce clause are still met by the Congress. For example, in 1914 the Supreme Court ruling, on a case of Houston East and West Texas Railway Corporation against the United States government, held the Congress as the only lawful body to regulate across border transactions. Summary 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 the impact towards exercising the state power. Executive Summary There are two key lessons learnt from the constitution provision and its implication on the administrative practices. The first one is that a constitution provision is more effective than the common laws governing an agency. The last one is that courts, especially the Supreme Court, play a crucial role in implementation of a provision. 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