Guarantee Clause - Factbites

Guarantee Clause - Factbites
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Topic: Guarantee Clause

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In the News (Sun 27 Dec 09)

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	31 Questions and Answers about the IRS, Revision 3.2
		Guarantee Clause in the U.S. Constitution guarantees the Rule of Law to all Americans (we are to be governed by Law and not by arbitrary bureaucrats).
		Guarantee Clause does not require the federal government to guarantee a Republican Form of Government to the federal zone, Congress is free to create a different form of government there, and so it has.
		Qualifications Clauses in the U.S. Constitution, where the term “Citizen of the United States” is used.
	www.supremelaw.org /sls/31answers.htm

	The Birth of Professional Baseball: Nineteenth Century Part Three - A DTFC Magic Omnibus Exclusive
		To lure quality players, the AA promoters scrapped the NL's reserve clause and to guarantee orderly play, professional umpires were recruited, an idea soon mimicked by the National League.
		Under the agreement, the AA embraced the reserve clause, the two leagues ceased player raiding, and postseason "World Series" play between the two leagues was organized.
		Thereafter, the "reserve clause" became a major "cause celebre" between ownership and players.
	www.dickiethon.com /omnibus/birth_part3.htm (2395 words)

	Egale Canada > Equal Marriage for Same-Sex Couples: The Alliance Motion
		Using the notwithstanding clause to override any Charter guarantee, means that Parliament will override the rights and freedoms of some Canadians, thereby depriving them of the Constitutional protection afforded to other Canadians.
		Since the courts have stated that excluding same-sex couples from civil marriage is an unconstitutional violation of their equality rights under the Charter, the only way to maintain the opposite-sex restriction on marriage is to invoke the notwithstanding clause.
		Voting against the proposed legislation does not invoke the notwithstanding clause, rather it leaves the law unchanged.
	www.egale.ca /index.asp?lang=E&menu=53&item=282 (606 words)

	Independent Clause on AIDS Prevention Put into Law (26/08/2004)
		Other suggestions were the incorporation of clauses stating that blood collection organizations must guarantee quality of blood products and specifying punishment for illegal blood collection and selling.
		China is for the first time considering the addition of an independent clause on AIDS prevention in its contagious disease prevention and control law.
		The clause has been added to the draft amendment to the law, which has been submitted to the ongoing 11th meeting of the Standing Committee of the National People's Congress (NPC) for its third deliberation.
	www.chinese-embassy.org.uk /eng/xw/t154231.htm (606 words)

	28
		Insert the clause at 52.228-14, Irrevocable Letter of Credit, in solicitations and contracts for services, supplies, or construction, when a bid guarantee, or performance bonds, or performance and payment bonds are required.
		(1) When the clause at 52.228-5, Insurance--Work on a Government Installation, is required to be included in a fixed-price contract by 28.310, the coverage specified in 28.307 is the minimum insurance required and shall be included in the contract Schedule or elsewhere in the contract.
		(2) When the clause at 52.228-5, Insurance--Work on a Government Installation, is not required by 28.310 but is included because the contracting officer considers it to be in the Government's interest to do so, any of the types of insurance specified in 28.307 may be omitted or the limits may be lowered, if appropriate.
	www.arnet.gov /far/97-183/html/28.html (606 words)

	initbrief05jun03.doc
		Thus, resolution of the “peace clause” issues, like other issues raised by Brazil’s request for establishment of a panel, must be resolved using normal DSU rules and procedures.
		This close overlap of proof for both peace clause and actionable and prohibited subsidy claims highlights the need for the Panel to examine all the “facts of the case” together — including rebuttal facts presented by Brazil to contest U.S. assertions.
		This follows from the inter-related nature of the proof necessary to demonstrate the peace clause and ASCM actionable and prohibited export subsidy claims.
	www.mre.gov.br /portugues/ministerio/sitios_secretaria/cgc/initbrief05jun03.doc (2355 words)

	People's Daily Online -- China puts independent clause of AIDS prevention into law
		Some suggested that clauses stating that blood collection organizations must guarantee quality of blood products and stipulating punishment for illegal blood collection and selling should be put into the law's amendment draft.
		China for the first time put an independent clause on AIDS prevention in contagious disease prevention and control law, as the country's AIDS prevention and control work is at a crucial stage.
		Some lawmakers suggested that clause on eliminating discrimination against people with AIDS should be written into the law, because social bias against them has become serious.
	english.people.com.cn /200408/25/print20040825_154760.html (2355 words)

	Mortgage Knowledge Base .: As If Clause
		As If clause is a clause that is sometimes used in the property transfer.
		It states that the transfer of present property is taking place without guarantee or warrantee by the seller.
	www.mortgagekb.com /as-if.html (32 words)

	Unit Three Summary
		Article III, Supreme Court, Chief Justice, Associate Justices, original jurisdiction, appellate jurisdiction, independent judiciary, Articles IV-VII, guarantee clause, supremacy clause, constitutional amendment, amendment process, ratification process, judicial review, Marbury v.
		Baron de Montesquieu, James Madison, Shays' Rebellion, Virginia Plan, New Jersey Plan, unicameral legislature, bicameral legislature, Great Compromise (Connecticut Plan), 3/5ths Compromise, Slave Trade Compromise, fugitive slave clause, original intent, Preamble, popular sovereignty
		What does the Supremacy Clause indicate about the relationship between the federal government and the states under the Constitution?
	www.pinzler.com /ushistory/unittwo.html (32 words)

	Due process - Wikipedia, the free encyclopedia
		Due Process under the federal Constitution has additionally been interpreted as a restraint on the ways that legislatures may alter the law, although some judges over the years have objected to stretching the Due Process Clause beyond what was intended by Magna Carta.
		Due process has also been interpreted as placing limitations on laws and legal proceedings in order to guarantee fundamental fairness, justice, and liberty.
		In criminal cases, many of these due process protections overlap with procedural protections provided by the Eighth Amendment to the United States Constitution, which guarantees reliable procedures that protect innocent people from being punished, which would be tantamount to cruel and unusual punishment.
	en.wikipedia.org /wiki/Due_Process_Clause (2633 words)

	Free Exercise of Religion
		In regard to religion, the First Amendment guarantees only that its "free exercise" cannot be prohibited; "abridging" is a different word, a different concept, and was not applied by the First Congress in the "free exercise" clause.
		In America, religion is to be freely exercised, not established or imposed by law or government (the essence of coercion); on the other hand, while religion action cannot be prohibited, there is no guarantee it cannot be abridged.
		The above two Court cases not only clearly define the limits of the "free exercise" of religion, but they also provide unquestioned examples of the fact that over 100 years ago the U.S. Supreme Court was using definitions of the religion clauses written nearly 200 years ago by Jefferson and Madison.
	www.cjnetworks.com /~ggarman/exercise.html (2633 words)

	NBCSandiego.com - Sports - Chargers Pull Trigger On Escape Clause
		The Chargers' current lease is controversial because of the trigger clause and a section that guarantees the team revenue equal to the sale of 60,000 general admission tickets for each home game until 2007.
		The decision to trigger the renegotiation clause, which had been expected, opens a 90-day window to come to a new stadium deal with the city.
		SAN DIEGO -- In a move that outraged San Diego Mayor Dick Murphy, the Chargers triggered an out clause in their lease at Qualcomm Stadium on Tuesday.
	www.nbcsandiego.com /sports/2019644/detail.html (799 words)

	Short General History of The Federal Government and Education
		The federalists could not guarantee that a future Congress might not view the Clause in question as a loophole, thus enabling them to take upon themselves powers and authority not given in areas that they were not intended to have such power and authority.
		That was one of the reasons we ended up with the religious clauses and other clauses of what was then the third amendment, but later became the first amendment of, the bill of rights.
		The education clause could be implemented by those who would benefit from the clause, but those people who would most directly benefit from Article VI [slaves] were prohibited from participating in the political process, and thus could not insure the implementation of the Article.
	members.tripod.com /~candst/educ.htm (799 words)

	Eastern Book Company - Practical Lawyer
		In view of the extreme rarity of such companies, it would be pertinent, at the outset, to briefly explain the nature of a company limited by guarantee and having share capital before going on to examine the procedure for incorporation of a share capital clause in the memorandum of a company.
		A company limited by guarantee and having a share capital is a hybrid form combining the elements of the guarantee and the share company.
		However, it is submitted that the generality of the provision suggests that a company limited by guarantee may re-register as a company limited by guarantee and having share capital.
	www.ebc-india.com /lawyer/articles/674.htm (799 words)

	FIRST WORLD WAR: ORIGINS AND OUTCOMES
		This clause in particular was deeply resented within Germany (though it was popular with the voters in the Allied countries).
		Perhaps the harshest part of the treaty was Article 231, the "War Guilt" clause, which forced Germany to accept responsibility for the war.
		In particular, the French under Georges Clemenceau (1841-1929) and the British under Lloyd George were unwilling to allow a treaty that would not guarantee their security in the face of the German threat.
	www.unlv.edu /Faculty/gbrown/westernciv/wc201/wciv2c27/wciv2c27lsec3.html (627 words)

	World War Two - Main Causes
		Although it was realised that the policy of appeasement had failed, Chamberlain was still not prepared to take the country to war over "..a quarrel in a far-away country between people of whom we know nothing…" Instead, he made a guarantee to come to Poland's aid if Hitler invaded Poland.
		Territorial Clauses - Land was taken away from Germany and given to other countries.
		Although the outbreak of war was triggered by Germany& invasion of Poland, the causes of the war are more complex.
	www.historyonthenet.com /WW2/causes.htm (1811 words)

	The Free Exercise Clause:
		The Free Exercise Clause: A person or group must show (1) that the ritual is motivated by "sincere religious belief," and (2) that the state has imposed a "substantial burden" on the practice.
		Legislation which alters the meaning of the Free Exercise Clause cannot be said to be enforcing the Clause.
		Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened; " City of Boerne, Texas v.
	www-rohan.sdsu.edu /~ckennedy/moreamendments.htm (1811 words)

	City of Boerne v. Flores, 117 S.Ct. 2157, 138 L.Ed.2d 624 (1997).
		After all, it is reasonable to think that the States that ratified the First Amendment assumed that the meaning of the federal free exercise provision corresponded to that of their existing state clauses.
		The right to free exercise was a substantive guarantee of individual liberty, no less important than the right to free speech or the right to just compensation for the taking of property.
		The term “free exercise” appeared in an American legal document as early as 1648, when Lord Baltimore extracted from the new Protestant governor of Maryland and his councilors a promise not to disturb Christians, particularly Roman Catholics, in the “free exercise” of their religion.
	supct.law.cornell.edu /supct/html/95-2074.ZD.html (1811 words)

	De Novo: Jason Samuel: Scalia on Due Process Clause
		Well, it may or may not be a good thing to guarantee additional liberties, but the Due Process Clause quite obviously does not bear that interpretation.
		Property can be taken by the state; liberty can be taken; even life can be taken; but not without the process that our traditions require---notably, a validly enacted law and a fair trial.
		To say otherwise is to abandon textualism and to render democratically adopted texts mere springboards for judicial lawmaking.
	www.blogdenovo.org /archives/000931.html (363 words)

	Review of business laws in Southern Africa. - Part 6
		Whether the company is limited by guarantee or by shares, this clause simply states that the liability of members is limited.
		A company is limited by guarantee when its members limit their liability by guaranteeing to pay a certain amount in the event of the company being winding up.
		The liability of shareholders in a company is limited to the amount that they promise to pay for their shares - this is often a nominal amount, such as P100 where the company issues one hundred one pula shares.
	www.fes.de /fulltext/bueros/botswana/00619006.htm (363 words)

	LEXIS®-NEXIS® Academic Universe - Document
		A better understanding of the ideal of the Religion Clauses, both normatively and historically, is that they guarantee a pluralistic republic in which citizens are free to exercise their religious differences without hindrance from the state (unless necessary to important purposes of civil government), whether that hindrance is for or against religion.
		The Religion Clause jurisprudence of the Warren and Burger era was thus characterized by a hostility or indifference to religion, manifested in a weak application of free exercise doctrine and an aggressive application of an establishment doctrine systematically weighted in favor of the secular and against genuine religious pluralism.
		This may seem not to be true of the Free Exercise Clause doctrine, under which the Warren and Burger Courts forbade the enforcement of laws burdening the exercise of religion unless necessary to achieve a compelling governmental interest.
	www.polisci.umn.edu /courses/spring1999/3310 (363 words)

	Poli Sci 102 Web : privileges_&_immunities
		privileges and immunities clause guarantees privileges and immunities
		PRIVILEGES AND IMMUNITIES CLAUSE - Article IV of the Constitution, provides that the citizens of any one state are guaranteed the "privileges and immunities" of every other state, as though they were citizens of that state.
		privileges and immunities clause guarantee citizen rights across states
	trumpet.sdsu.edu /x102/PSWeb/privileges_&_immunities.htm (363 words)

	bastiaen.html
		Technically speaking it means the refusal to commit oneself to a liberalisation of audiovisual services and the upholding of exemption to the most favoured nation clause in this sector.
		To preserve what has been gained in the Marrakech round namely, "cultural exception" which implies that audiovisual works cannot be treated as merchandise and more specifically that the "most favoured nation" clause cannot be applied to audiovisual and cinematographic works.
		The Forum calls on the governments to recognise the Director as an author and to implement those rights in such a manner as to guarantee the unwaiverable right to ongoing, equitable, proportional remuneration from the economic exploitation of the work.
	www.fera-matin.org /fera/textes/bastiaen.html (742 words)

	IRAQ'S GENESIS AND CURRENT STATUS IN DOCUMENTS
		It may be asked whether the dissolution of the League of Nations, which involved the removal of the guarantee constituted by the League of Nations control over the fulfilment of the obligations, does not constitute a normal cause of extinction of the obligations.
		In the second place, the League of Nations guaranteed all the undertakings concerning the protection of minorities, whether these were assumed by treaty or by Declaration.
		All Iraqi nationals shall be equal before the law and shall enjoy the same civil and political rights without distinction as to race, language or religion.
	www.solami.com /a3a.htm (5780 words)

	First amendment - Wex
		Two clauses in the First Amendment guarantee freedom of religion.
		The establishment clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another.
		Furthermore, the Court has interpreted, the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment (http://www.law.cornell.edu/constitution/constitution.amendmenti.html) from interference by state governments.
	www.law.cornell.edu /topics/first_amendment.html (710 words)

	Religion in Schools - Balancing First Amendment Rights
		The first words of the First Amendment to the United State Constitution set forth the guarantee of religious liberty known as the Establishment Clause:
		The Establishment Clause of the First Amendment must be carefully balanced against the Free Exercise Clause of the First Amendment, which provides that government actions directed at religion whaich burden the individual free exercise of religion can only be sustained if they are narrowly tailored to a compelling state interest.
		Justice Souter noted that it is clear that graduation prayer cannot be justified as a permissible accommodation of religion under the Free Exercise Clause of the First Amendment.
	www.whittedclearylaw.com /CM/Publications/Publications146.asp (2607 words)

	SSRN-Bolling, Equal Protection, Due Process, and Lochnerphobia by David Bernstein
		The Bolling Court stands accused of inventing the idea that due process includes a guarantee of equal protection equivalent to that of the Fourteenth Amendment's Equal Protection Clause.
		First, the almost universal portrayal of Bolling as an opinion relying on an equal protection component of the Fifth Amendment's Due Process Clause is incorrect.
		The controversy reflects the widespread belief that the outcome in Bolling reflected the Justices' political preferences and was not a sound interpretation of the Due Process Clause.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=761926 (2607 words)

	U.S. CONSTITUTION
		Clause 7: The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
		Clause 8: No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
		The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
	www.house.gov /Constitution/Constitution.html (2607 words)

	Institute for Justice: School Choice Cases: Maine School Choice
		When Maine's Attorney General decided to excluded religious schools from the tuitioning system, he argued that the discriminatory policy was required by the federal establishment clause.
		In 1980, however, Maine Attorney General Joseph Brennan, a Cheverus graduate who later became governor of the state, issued an opinion indicating that the practice of paying tuition for students to attend religious schools violated the U.S. Constitution's establishment clause.
		As a result, the Vermont case focuses primarily on the establishment clause, and the Maine case on the First Amendment's free exercise clause.
	www.ij.org /schoolchoice/maine/backgrounder.html (2061 words)

	NicholasVPennState.txt
		The Due Process Clause of the Fourteenth Amendment is not a guarantee against incorrect or ill-advised personnel decisions.
		The Due Process Clause of the Fourteenth Amendment provides that no state shall "deprive any person of life, liberty, or property, without due process of law." While on its face this constitutional provision speaks to the adequacy of state procedures, the Supreme Court has held that the clause also has a substantive component.
		Casey, 505 U.S. 846-47 (1992) ("it is settled that the due process clause of the Fourteenth Amendment applies to matters of substantive law as well as to matters of procedure") (quoting Whitney v.
	www.nacua.org /documents/NicholasVPennState.txt (2061 words)

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In the News (Sun 27 Dec 09)