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Another Perspective

Nicholas Bagley,

According to Lawson’s reading of the Constitution, Congress may not delegate legislative authority simply to anyone—not to the President, nor the federal courts, nor even itself. The ORV Clause thus cannot require presentment for any actions made by a single House or committee pursuant to delegated legislative authority, because such delegation is constitutionally impermissible. Further, as Lawson interprets the Presentment Clause, the only type of legislation that can become a law is a bill. The ORV Clause, however, alludes to an order, resolution, or vote that “shall take Effect” upon approval of the President or passage by two-thirds of the Senate and the House. If only a bill may become a law, Lawson asks, then how else may an order, resolution, or vote “take Effect”? His answer is that Congress, under the authority of the Necessary and Proper Clause, may enact legislation authorizing each House to issue subpoenas.

While the Constitution grants neither House of Congress the power to issue subpoenas, a law authorizing the issuance of subpoenas by individual Houses could be valid under the Necessary and Proper Clause, which allows Congress “to make all laws which shall be necessary and proper for carrying into Execution” powers elsewhere granted to the respective Houses. As Lawson allows, the power to issue subpoenas may be necessary and proper for carrying into execution the impeachment powers the Constitution grants to each of the Houses. Though it could not become a law, a legislative subpoena would “take Effect” by compelling testimony in an impeachment hearing. In practice, then, the ORV Clause would require that before any single House issues a subpoena on the authority of a prior statutory authorization, the subpoena be presented to the President for his approval or veto, just as was the prior legislation that authorized the single-House subpoena.

The Tillman-Lawson analysis may strike one as excessively technical, but in this as in many other parts of our Constitution, the devil is in the details. The Supreme Court might revisit Chadha , and when it does, these scholars’ arguments may suddenly take on the relevance of living, and contested, law.

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, 83 Texas L. Rev. 1265 (2005).

Gary Lawson, Burning Down the House (and Senate): A Presentment Requirement for Legislative Subpoenas Under the Orders, Resolutions, and Votes Clause , 83 Tex. L. Rev. 1373 (2005).

Article I, Section 10 By Richard A. Epstein and Jack Rakove

Article I, Section 10 contains a long, somewhat diverse list of prohibitions on the power of the states to engage in certain activities. Understanding its significance depends on first placing it within the larger framework of Article I, which is primarily devoted to setting out the structure of Congress and then enumerating its legislative powers. Those activities occupy Sections 1 through 8. Section 9 prohibits a broad array of activities by the federal government, which run the gamut from weakening the privilege of the writ of habeas corpus to taxing exports from the states.

Section 10 imposes a similar list of prohibitions on the powers of the states. Clause 1 contains absolute prohibitions that Congress cannot waive. Clauses 2 and 3 impose prohibitions that Congress can waive—presumably by legislation, although the text does not make clear whether any joint resolution is subject to a presidential veto. It is difficult to explain why the prohibitions found in Clause 1 cannot be waived by Congress while those in the last two clauses can be. But in both cases, the state interests are made subordinate to those of the national government.

These prohibitions in Section 10 can be divided into several subclasses. One group imposes on the states some of the restrictions that Section 9 imposed on Congress: the power to pass bills of attainder or ex post facto laws, or to grant titles of nobility. A second category guarantees that matters of war and diplomacy belong primarily or exclusively to the national government. The states are prohibited from forming compacts with foreign nations or even with each other without the assent of Congress.

A third category applies to financial matters, dealing with such issues as the power to coin money, emit bills of credit, or lay duties on imports and exports. During the Revolutionary War, both the Continental Congress and the states resorted to the massive issuance of various instruments of credit, unsecured by adequate taxation. The resulting depreciation in the value of these instruments, coupled with the corresponding inflation of prices, created a strong consensus to empower Congress to secure the public credit of the United States by levying its own taxes and limiting, though hardly eliminating, the financial powers of the states. Under the Articles of Confederation, both the Continental Congress and the states had the authority to coin money, but only Congress could fix its “alloy and value.” The evident intention is to give that power exclusively to Congress under Article I, Section 8, Clause 5.

Section 10, Clause 1 contains a general prohibition against states emitting letters of credit, unless, as it came to be understood, they were drawn on some specific fund set aside for that purpose. The result reads like a compromise designed to prevent the open-ended use of state credit without shutting down the capacity of the states to borrow at all. These provisions, together with the requirement that only gold and silver could be used for legal tender, stem from the desire to insulate other states in the union from the fiscal shocks created by any single state.

A fourth category coordinates the respective powers of the state in domestic and foreign affairs. There is an evident tension between the absolute prohibition on “any treaty, alliance, or confederation” found in Clause 1, and the apparent authorization to enter into any agreement or compact with another state or foreign power so long as Congress consented. Finally, it is worth noting that the Union was considered sufficiently fragile that Section 10, Clause 3 allows for the states to “engage in War,” waiving the requirement of congressional consent in cases of imminent danger. Indeed, these military issues loomed large in the Founding period because Article I, Section 8, Clauses 15 and 16 and Article II, Section 2, Clause 1 also contain detailed provisions for the maintenance of state militias and the circumstances under which they could also be called into the service of the United States. Lastly, the Guarantee Clause of Article IV, Section 4 deals primarily with the threat of invasion for which either congressional or presidential intervention is then contemplated. The mechanics of all these provisions are exceedingly complex, and none are set out in the Constitution.

The single provision of Article I, Section 10 that has brought forth the greatest amount of litigation is the Contracts Clause, which categorically declares, “No state shall ... pass any Law Impairing the Obligation of contract.” Like other limitations on the financial powers of the states, this Clause reflected the fears of the propertied classes who favored the adoption of the Constitution that the state legislatures might well enact laws adversely affecting the just rights of creditors. After 1810, the expansive definition of the Contracts Clause revealed how broadly the Supreme Court, under Chief Justice John Marshall, viewed the danger of intrusive state legislation. Thus from as early as (1810) and Rosie Skort in Beige Vivianchan Clearance Fashionable Shop For Cheap Price From China Online Deals Sale Online Outlet For Cheap CyXnm
(1819), the Clause was held to apply not only to private agreements, but also to state charters that could not be revoked except upon payment of just compensation to proprietors. It was also understood that the Contracts Clause was not limited to debtor-creditor relationships, but applied to all contracts, notably including charters of incorporation granted by legislatures.

In addition, the Contracts Clause was read to afford protection to both sides of the agreement—buyer and seller, creditor and debtor, grantor and grantee. The Supreme Court also held, in (1819) that the Contracts Clause protected rights under contracts previously formed. Yet by a 4-3 vote, with Chief Justice Marshall and Justice Story dissenting, the Court held in (1827) that the Contract Clause did not protect from legislative invalidity any contracts made after a particular statute was enacted. The early cases also recognized a police power exception of uncertain scope for cases dealing with the public safety, health, general welfare, and morals. Finally, there was additional uncertainty as to whether the Contracts Clause (like the Takings Clause of the Fifth Amendment ) provided protection against state judicial as well as legislative actions.

The adoption of the Real Cheap Price Bulk Designs Dolce amp; Gabbana Wool Knit Cardigan Cheap Sale 2018 New Many Kinds Of Buy Cheap Pre Order ebYhvcT
, which imposed many direct limitations on state power, subject to both judicial and congressional enforcement, meant that the Contracts Clause was no longer the only avenue to impose new limitations on the exercise of state power. Nonetheless, in this context, the Clause’s relative specificity has led to extensive litigation over the question of whether its systematic application, like that of the Due Process and Equal Protection Clauses, continues to impose meaningful restrictions on major programs from mortgage moratoria to pension plan solvency, from bankruptcy reform to government lending practices.

The larger debate today raises in its most general form the question of whether rational basis review or higher scrutiny should be applied to claims brought under the Contracts Clause, both as to the scope of its basic coverage and the size and power of the exceptions. This debate is but one of many facets of the choice between the classical liberal and progressive views of constitutionalism, which pivoted sharply toward the progressive view during the 1930s, where for the most part it remains today.

Richard A. Epstein

Christensen defines a disruptive innovation as a product or service designed for a new set of customers.

Generally, disruptive innovations were technologically straightforward, consisting of off-the-shelf components put together in a product architecture that was often simpler than prior approaches. They offered less of what customers in established markets wanted and so could rarely be initially employed there. They offered a different package of attributes valued only in emerging markets remote from, and unimportant to, the mainstream. [15]

Christensen argues that disruptive innovations can hurt successful, well-managed companies that are responsive to their customers and have excellent research and development. These companies tend to ignore the markets most susceptible to disruptive innovations, because the markets have very tight Clearance For Nice Best Prices Skirt for Women On Sale Grey polyester 2017 26 28 Vivienne Westwood Free Shipping Finishline 1C99BpufU6
and are too small to provide a good growth rate to an established (sizable) firm. [16] Thus, disruptive technology provides an example of an instance when the common business-world advice to " Venice Beach Patch Denim Jacket Blue Mira Mikati Purchase Cheap Online 2018 Unisex Online X2fR0X2Pn2
" (or "stay close to the customer", or "listen to the customer") can be strategically counterproductive.

While Christensen argued that disruptive innovations can hurt successful, well-managed companies, O'Ryan countered that "constructive" integration of existing, new, and forward-thinking innovation could improve the economic benefits of these same well-managed companies, once decision-making management understood the systemic benefits as a whole.

How low-end disruption occurs over time.

Christensen distinguishes between "low-end disruption", which targets customers who do not need the full performance valued by customers at the high end of the market, and "new-market disruption", which targets customers who have needs that were previously unserved by existing incumbents. [17]

"Low-end disruption" occurs when the rate at which products improve exceeds the rate at which customers can adopt the new performance. Therefore, at some point the performance of the product overshoots the needs of certain customer segments. At this point, a disruptive technology may enter the market and provide a product that has lower performance than the incumbent but that exceeds the requirements of certain segments, thereby gaining a foothold in the market.

In low-end disruption, the disruptor is focused initially on serving the least profitable customer, who is happy with a good enough product. This type of customer is not willing to pay premium for enhancements in product functionality. Once the disruptor has gained a foothold in this customer segment, it seeks to improve its profit margin. To get higher profit margins, the disruptor needs to enter the segment where the customer is willing to pay a little more for higher quality. To ensure this quality in its product, the disruptor needs to innovate. The incumbent will not do much to retain its share in a not-so-profitable segment, and will move up-market and focus on its more attractive customers. After a number of such encounters, the incumbent is squeezed into smaller markets than it was previously serving. And then, finally, the disruptive technology meets the demands of the most profitable segment and drives the established company out of the market.

A computer program is a list of instructions that can be executed by a central processing unit. A program's execution is done in order for the CPU that is executing it to solve a specific problem and thus accomplish a specific result. While simple processors are able to execute instructions one after another, superscalar processors are capable of executing a variety of different instructions at once.

Program flow may be influenced by special 'jump' instructions that transfer execution to an instruction other than the numerically following one. Conditional jumps are taken (execution continues at another address) or not (execution continues at the next instruction) depending on some condition.

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A much more readable rendition of machine language, called assembly language , uses mnemonic codes to refer to machine code instructions, rather than using the instructions' numeric values directly. For example, on the Mohair Coat With Ultrasuede Trim 1stdibs Cheap Online Store Buy Cheap Pay With Visa Purchase Cheap Sale 2018 Shop For For Sale HXmYTBSFh
processor, the machine code 00000101 , which causes the CPU to decrement the B processor register , would be represented in assembly language as DEC B .

The MIPS architecture provides a specific example for a machine code whose instructions are always 32 bits long. The general type of instruction is given by the op (operation) field, the highest 6 bits. J-type (jump) and I-type (immediate) instructions are fully specified by op . R-type (register) instructions include an additional field funct to determine the exact operation. The fields used in these types are:

rs , rt , and rd indicate register operands; shamt gives a shift amount; and the address or immediate fields contain an operand directly.

For example, adding the registers 1 and 2 and placing the result in register 6 is encoded:

Load a value into register 8, taken from the memory cell 68 cells after the location listed in register 3:

Jumping to the address 1024:

In some computer architectures , the machine code is implemented by an even more fundamental underlying layer called microcode , providing a common machine language interface across a line or family of different models of computer with widely different underlying dataflows . This is done to facilitate porting of machine language programs between different models. An example of this use is the IBM System/360 family of computers and their successors. With dataflow path widths of 8 bits to 64 bits and beyond, they nevertheless present a common architecture at the machine language level across the entire line.

If either the domain or the codomain of the function is a subset of R n , {\displaystyle \mathbb {R} ^{n},} the graph is a subset of a Long Sleeve Floral Shift Dress in White Ikks Ebay For Sale Cheap Sale For Cheap Pre Order PRyMn
of higher dimension, and various technics have been developed for drawing it, including the use of colors for representing one of the dimensions. [ citation needed ]

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Histograms are often used for representing functions whose domain is finite, or is the Womens Agga Fur Jacket Isabel Marant Good Selling Cheap Online Clearance Discount Wiki Cheap Online Free Shipping Real Discount Supply FNyb7XY
or the integers . In this case, an element x of the domain is represented by an interval of the x -axis, and a point ( x , y ) of the graph is represented by a rectangle with basis the interval corresponding to x and height y .

In statistic , histogram are often used for representing very irregular functions. For example, for representing the function that associates his weight to each member of some population, one draws the histogram of the function that associates to each weight interval the number of people, whose weights belong to this interval.

There are many variants of this method, see Histogram for details.

In this section, we describe general properties of functions, that are independent of specific properties of the domain and the codomain.

Some functions are uniquely defined by their domain and codomain, and are sometimes called canonical :

Main article: Function composition

Given two functions f : X Y {\displaystyle f:X\to Y} and g : Y Z {\displaystyle g:Y\to Z} such that the domain of g is the codomain of f , their composition is the function g f : X Z {\displaystyle g\circ f\colon X\rightarrow Z} defined by

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