The Necessary And Proper Clause Gave Congress - 844 Words

The Necessary and Proper clause gave congress to make all the laws that should be necessary and proper to carry into execution. (Article 1, Section 8, Clause 18). The Necessary and Proper Clause was also called the elastic clause that gave powers to Congress that were implied in the Constitution. Necessary means required or essential to. Necessary required congress to execute the powers that were granted in the constitution. John Marshall the Chief Justice wrote his opinion to the court stated that the constitution gave congress all the power to make all the laws. In Marbury v. Madison in 1803, Marshall overturned an act of congress for the first time that conflicted with the constitution. It was a daring step for a politically vulnerable court and Marshall crafted the opinion in such a way that Thomas Jefferson could not reject it. John Marshall had strong views that made him dominate the court from 1801 to 1835 and personally responsible for evaluating it in person of real authorit y. Marshall, also shared his power with other follow Justices that often curved his opinions in order to arrive at consensus decisions. Marshall established a model that all future Chief Justices would be measured to. The United States Supreme Court used the Necessary and Proper Clause in the McCulloch v. Maryland case. McCulloch v. Maryland case debated that if congress have the power to charter a bank. In 1791, the first charted bank; the First Bank of the United States was created, but theShow MoreRelatedThe Necessary And Proper Clause876 Words   |  4 PagesThe Necessary and Proper Clause can sometime be called the â€Å"Coefficient† or â€Å"elastic† clause, is an enlargement, not constriction, of the powers expressly granted to Congress. These powers and duties can be found in several places in the Constitution. The Necessary and Proper Clause allows the congress, to establish the laws in which we follow to be necessary and proper to be implemented in all po wers vested by the Constitution in the government of The United States also known as the (ArticleRead MorePowers of the Constitution Essay546 Words   |  3 Pagesthose that are explicitly granted. Implied powers finds its basis in the necessary and proper clause of the Constitution. This clause allows Congress to make any and all laws necessary and proper for carrying into execution express powers. The necessary and proper clause is found in Article 1 Section 8 of the Constitution. It states, The Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vestedRead MoreAlexander Hamilton: Financial Plan739 Words   |  3 Pagesas Thomas Jefferson and James Madison thought that his plan was unconstitutional because one would need to use the necessary and proper clause which most people feared because it gave the government too much power. This, however, is not so Alexander Hamiltonâ€⠄¢s financial plan however was mostly constitutional because it allowed it to use the powers as well as responsibilities congress already had such as print its own form of currency, issue taxes, and ultimately pay off debts. Hamilton’s financialRead MoreThe Supreme Court And Chief Justice Essay1670 Words   |  7 Pagesduty of the judicial department to say what the law is† (text at pages 72-73). Marshall gave the courts the right to overturn cases against the legislative or executive branches, known as judicial review, giving immense power to the judicial branch. Marbury arose out of partisan politics. John Adams, a Federalist, lost the presidential election to Thomas Jefferson, a Republican. The Federalist Congress scrambled to pass the Organic Act authorizing President Adams to appoint forty-two justicesRead MoreThe Constitutional Basis Of Federalism1017 Words   |  5 Pagesguaranteed states equal representation in the Senate Made states responsible for both state and national elections Guaranteed that Congress couldn t forbid the creation of new states by dividing old ones unless by the consent of the state governments Created obligations of national government to protect states against violence and invasion Supremacy clause: the clause in Article VI of the Constitution that makes the Constitution, national laws, and readies supreme over state laws as long as the nationalRead MoreExpansion Of Federal Power : The United States1546 Words   |  7 PagesConstitution in ways that have expanded the powers of Congress, making them most responsible for the growth of federal power. In the Constitution, the Commerce clause was created to regulate interstate commerce, but after the Supreme Court ruled on cases the interpretation changed and the federal government can now regulate commercial activities including minimum wage and labor. The Court broadened the â€Å"Necessary and Proper† clause when it ruled that Congress can establish a federal bank. Finally, the CourtRead MoreThe Constitution and Individual Rights Essay919 Words   |  4 Pagesborn nation. Even though The Articles of Confederation won the Revolutionary War, there were many problems with the plan of government. The Articl es of Confederation was made to prevent a strong national government and it only gave each state one vote in the Confederation Congress. It could not raise money and it only had one branch, the Legislature. In 1786, delegates from each state went to Philadelphia to draft a new Constitution for the United States. Fifty-five delegates came to PhiladelphiaRead MoreThe Constitution And Its Effects On The United States931 Words   |  4 Pagesdocument that explains, how the government should act; what it can do and can t do. The constitution is divided into seven articles. Article one establishes the legislative branch. It talks about the necessary and proper clause which means that congress has the power to pass any law that is necessary. It explains expressed powers and implied powers. Expressed powers are the power to tax, to raise an army and a navy, power to coin and to regulate inter state commerce. Power to impeach and remove theRead MoreThe Federalists And The Anti Federalists1656 Words   |  7 PagesIn the Articles Congressional Powers are delegated as such: â€Å"Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled (â€Å"Articles o f Confederation† 1). It reigned in the government, and limited its powers to what was written out in the Articles. The central government was basically powerless, and all power was afforded to the states. However, in the ConstitutionRead MoreFederalism: Supreme Court of the United States and Power Essay1710 Words   |  7 PagesFederalism has played a large role in our government since the time that the Constitution was ratified. It originally gave the majority of the power to the states. As time went on, the national government gained more and more power. It used the necessary and proper clause of the Constitution to validate its acts, and the Supreme Court made decisions that strengthened the national government creating a more unified United States. Finally, the recent course of federalism has been to give powers back

Relationship Between Religion and Isolation in the...

To Pray or Not to Pray: An exploration into the relationship between religion and isolation in The Stranger and Chronicle of a Death Foretold Religion is a major foundation for many cultures. It is present all over the world in many different shapes and forms. But all religions have one thing in common, communality. Naturally, with rituals such as congregation people of religion are brought together. This community worships together, but this relationship extends further than the confines of a church. Members of the same church, or religion, have the same core values, and these commonalities result in a community that would not have otherwise existed. When there is a disregard for religion, there is a loss of community and thus a step†¦show more content†¦Very different from Meursault, Santiago Nasar, the main character in Chronicle of a Death Foretold, is very much a man of religion. Santiago’s respect for religion is seen in the first sentence of the novel, â€Å"Santiago Nasar got up at five-thirty in the morning to wait for the boat the bishop was coming on† (Marquez 3). Santiago’s dedic ation is seen through the fact that he is rising at such an early hour to see a Catholic authority figure. Also, he â€Å"put on a shirt and pants of white linen†¦ It was his attire for special occasions† (5). The act of wearing clothes specific for this occasion shows Santiago’s respect for religion. The importance of religion in Chronicle of a Death Foretold is not just in relation to Santiago. His whole community values religion. For example, when Angela Vicario and Bayardo San Roman wed, they wed in a church with â€Å"floral decorations equal in cost to those for fourteen first class funerals† (42). The flowers alone show the importance of marriage, which in itself is a religious institution. Even more important is the purity of the bride. After being returned to her mother by Bayardo San Roman, Angela says her mother â€Å"was holding [her] by the hair with one hand and beating [her] with the other with such rage that [she] thought [her mother] was g oing to kill [her]† (46). The image of a mother beating her adult daughter is pretty powerful. One must have done

Internationalization Australia And Canada â€Myassignmenthelp.Com

Question: Discuss About The Internationalization Australia And Canada? Answer: Introduction: The report is an attempt to confer the matter relating to failing of ABC learning centres in Australia. This report concentrates on detecting the areas of audit that are linked to the failing of the business enterprise. This report endeavours to recognize the matters that show the way to growth of the novel code of auditing. The chief intend of the report is to discover main matters of audit that is vital to be offered in the report equipped by the auditor have the ASA 701 that is implemented throughout that period. This report also analyses and assesses the worth of the criterion ASA 701. Auditing matters associated to the fall of ABC centres of Learning The new decades have observed the fall of giant business houses caused for the governance, auditing matters and accounting. In the year of 2008, the country of Australia observed the fall of day care school ABC centres of Learning that was in the humanity for very extensive period. The ABC centres of learning are an organization that established in the year 1988 as a centre for the childcare (Carson et al. 2016). In the commencement of centre of childcare was for the predominantly assisted by the government as a business enterprise that is non-profit organization. The business organization in 1996 was managed 18 centres of childcare and was a most important competitor in this field. In the year of 1997, the government resolute to openly supplies subsides to the families. This offers the enormous expansion chance in the field. The business organization has incarcerated the chance and going ahead with the expansion in a rapid manner. The business organization has also in full swing pro curing solitary day care centres and the groups of childcare that are tiny. The business organization had 2238 centres in the year of 2006 in various countries like Australia, United States, New Zealand and United Kingdom (Xu et al. 2013). The business organization was rising in a hurry prior to the fall of the capitalization of the business was $ 2.5 Billion in the year of 2006 and in the year of 2007, the business enterprise created a gains of $ 143.1 Million. Then the condition transformed the business organization was countenanced ruthless debt settlement predicament. Therefore, the business organizations have to trade sixty percent of the subsidiaries of United State and the entire United Kingdom subsidiaries was sold. The matter for the most part associated to auditing that has directed to the fall of the ABC centres of Learning are given below. The business organization has procured various units and centres that guides to the acknowledgement of hefty quantity of goodwill and the childcare centres operations requires license. These both are assets that are intangible and were kept in the balance sheet that is done in fair value. The business organization in the commencement of 2006 had $ 37.4 Million worth goodwill and license of centres for childcare worth of $ 647.6 Million. In 2007 to 2008, that was the year of augmentation worth of goodwill to $ 271 Million and license worth was $ 2.4 Million at the conclusion of the year. The business organisation has written off impairment charges worth of $ 2 Million of Goodwill and license of $ 8.4 Million. This has been observed that the assets is intangible frequently be converted into a insignificant as the business gets into a mess (Sierra?Garca et al. 2015). On the assessment, this might be said that the revenue of ABC learning augmented because of acquisition. In this case, th e matter of assets that are been undervalued that is being raised by the auditor, the intangible assets in a company is seventy percent of the whole assets. There was a major inherent danger with the evaluation of assets that have been ignored by the auditor. In the year of 2006, the assessment of the businesses license of childcare was anonymously reported about the wrong assessment to the Australian Security and Investment commission. The core squabble in protest was that the assessment was produced on an approximate net flow of cash in future. On the other hand, there is improbability concerning its consciousness so the assessment may not be right and the benefits kept in the course of reassessment of the license if this is not proper (Azim 2013). The ABC learning has a external auditor has supplied with an unqualified opinion as they were chosen in the year of 2003 as an auditor. In the year 2007, the resignation of the preceding audit firm and a novel firm for audit is Ernest Young have taken a severely unlike outlook on the income that has been assured in the ABC learnings accounts. The members of the board of the company have selected to appoint a third party auditing firm KPMG to straighten out the difference of opinion between the two firms of audit (Huggins et al. 2015). This means now there is three audit firms and that consist of two huge firms of audit being inspected the ABC learnings accounts. The KPMG have futile in discovering of the errors in the two contradictory opinions that is being given by the diverse auditors. Among the two, one of the audit firms was accurate or correct to detect the grave situation of the business enterprises accounting yield. There are dissimilar opinions on the financial statement of the organization by diverse auditors (Ruhnke et al. 2014). The pre-existing rules is established on the system of accounting of reporting of finance offers the business organisations the chance of administering the system of accounting established around the fair value and stay on the report of unqualified opinion of the auditors. This must be kept in mind that the unqualified opinion in audit report supplied by the main firm of audit has been obstacles after any important corporate scandals that have been exposed. This point towards the pre-existing report of audit and the method is not ample to organize the accounting or financial collapse and irregularity of the business organization (Goodwin and Wu 2016). Matters linked to the transactions with related parties: The transaction of related party is one of the causes that lead to the fall of the ABC learning business. The business organisation has main related party dealings. This has futile to tag along the rules of corporate governance. The founder Eddy Groves is the one who is in charge of expansion of the company had various transactions of related party. In the year of 2006, Austock is a broking firm that has substantial share owned by Grooves entering into dealing with the ABC learning business enterprise (Prasad and Chand 2017). The Austock is the broking business organization that received sum of $ 27 Million as the dealing charges form the ABC centre of learning. In totalling to this ABC centres of learning compensated Queensland Maintenance for the ABC centres work. This transaction involves related parties, as Mr. Grooves is the brother in law and is the companys director. The business organisation ABC learning has supported the Brisbane bullet team of basketball that is owned by Mr . Grooves who is the brother in law. The dealings of related party are the consequences of bad corporate governance methods. This has directed to the decline of the belief of investors and ultimately the result was failing of the company (Siriwardane et al. 2013). The auditor has futile to adequately detect the matters of failure to elevate the matter in the report of audit. This breakdown on the branch of the auditor is one of the causes for the fall of the ABC Centres of Learning. Matters that guide to the progress of novel standards of auditing ASA 701: The standards of auditing ASA 701 is given by the AASB (Auditing and Assurance Standard Board) for the reason of Communication of the most important matters of audit in the report of the auditors who are independent in harmony with the legislative or parliamentary situations and intended dictate that are given below. The AUASB (Auditing and Assurance Standard Board) is an independent legislative or legal body that was created under the agenda given in the section 227 A of the ASIC Act 2001 (Australian Securities and Investment Commission Act) by the Australian government. The Auditing and assurance standard board have the official command or power to form Auditing Standards for corporations legislation functions as described in the Section 336 of Corporation Act 2001. As per the regulations of the Legislative Instruments Act 2003, this auditing standard is viewed as an instrument of law (Manoel and Quel, 2017). As per the sensible directions as the Financial Reporting Council gave to Auditing and Assurance Standard Board. This describes that it is very necessary and essential for the Auditing and Assurance Standard Board to expand a standards of auditing that are of paramount quality and that have to lucidity and should have centre of attention as far as the attention of the civics is disturbed (Livne 2016). The agenda stated in ISA 701 in the conditions of Communication of the important matters of audit is being followed by the standards of auditing in the report of auditors who are independent that are given by International Auditing and Assurance Standards Board. The Audit issues that needs revelation as per ASA 701: The most important issues of audit can be described as those informations or components that comprises of a great deal of significance that an auditor should comprise in the qualified judgement by the auditor associating to the audit of the present years statement of finance. The most important issues of audit are determined from those issues that are exchanged with the persons who are mixed up in the power however, these issues are not anticipated to suggest the issues that were discusses with the persons (Houqe 2017). Additionally, this should be recorded in the brain that the view or opinion of the auditors on the subject of financial statement should not be modified or transformed in relation to one of the most important issues of audit described in the report of audit. This is too of related weight that an auditor should put across her or his opinions or views devoid of allowing of these main issues. The auditor requires getting into account of their reports of audit that these components are taken to be the most important issues of audit below the augment requirements of disclosures. As per the explanation given in the standards of auditing ASA 701, Communicating foremost issues of audit in the reports of the auditors who are independent. Key Audit Matters (KAM) means the issues that the verdict of qualified report by an auditor is of vital in the present years financial report of the company in the process of auditing. Additionally, Key Audit Matters are selected from those issues that are by now communicated through persons who are concerned with the governance (Robson et al. 2015). All the main audit issues should be integrated and explained as per the section. If few indications are established in the financial report then Key Audit Matters as stated should be composed of pertinent indications in the link to those disclosures and should describe the following: The cause for the ascertainment of that meticulous issue is to be of foremost significance. Hence, bearing in the mind the issue to be an important issue of audit. The way of addressing and resolving the issue of process of auditing The requirement of eradication of the auditor to create those disclosures where legislature or a regulation removes the extent of community disclosure is very restricted. As ASA 701 is defined as every other ruling out as very uncommon state of affairs, with regard to the piece of evidence that whether divergent conditions to the company or to the community offset the significance of the community gains of communicating the issues (Biro and East, 2017). This is given in ASA 701 that the contact that takes place among the management and auditors and those persons who are caught up in the power help in modernising the verdict of the auditor devoid of taking the fact that whether the piece of evidence is appropriate to stimulate the administration to create community revelation linking to those issues. Recommendation: The most important issues that are detected in the case of ABC centres of learning business that must be revealed are given below are: The augmenting earnings were the effect of the hostile acquisition policy followed or adopted by the business organization. This refers to the business enterprise was following goals of receiving enormous proceeds. If the business organization will have to follow logical and proper acquirement strategy then the business organization may have survived (Al-Khaddash et al. 2013). This is apparent from the balance sheet of the business that the business upholds the elevated quantity of elusive asset and the reality was not at all revealed in this financial report. Therefore, the auditor was not competent to appreciate such misstatement of substantial significance. This guided to the total fall of the business organization (Arnold et al. 2016). Assessment of the worth of ASA 701: As per present history, coverage regarding the Key Audit issues is the very critical component in a report of an auditor that is at the centre of call of the investors and any erstwhile stakeholder of the financial statement that is inspected and who seeks to receive extra trade centric and other suitable facts about the trade (Shaw 2014). Ciara Reintjes gave contacting the most crucial issues of audit in the report of an independent auditor the novel ISA 701 (International Standard of Auditing) (ASA 701). This criterion was one of the awaited ISAs that is usually known as the Reporting on audited financial statements. This novel and modified Auditor Reporting standards and connected conforming changes that was given in January 2015 by the International Auditing and Assurance Standard Board (IAASB). The enhancement and growth of ethics and importance of the report of an auditor is the chief aim of the novel and revised auditor-reporting criterion (Boolaky and Quick 2016). There are few determined issues that needs significant concentration of the auditor during audit process are: Some issues that stands as an obstacle in the effort of an auditor during receiving the adequate and accurate evidences. Some issues that stand as an obstacle in establishing a verdict by an auditor. Those issues that composed of judgment of auditor that were challenging and complex The issues that were connected to the audit of the current year financial statement and that were also incredibly vital. Conclusion: The account is intended to examine the cause for the fall of the ABC centres of learning. The ABC learning centres prior to the fall was quickly emergent but the fall of the company was principally because of the flaw in audit report and auditing. The argument above displays that the auditors has futile to recognize and report the most important issues that show the way to the fall of the business organization. Therefore, a want was felt that the reports of audit must account the most crucial issues. This guided to the creation of the ASA 701 the major intend of the criterion was to make available the revelations in the report of an audit. This is based upon the arguments that this may be concluded that the execution of ASA 701 has played a crucial function in highlighting the most important matters of an audit in a report of an audit. This may be stated that this is a novel criterion has enhanced the eminence of performed audit and report of an audit. Reference Al-Khaddash, H., Al Nawas, R. and Ramadan, A., 2013. Factors affecting the quality of auditing: The case of Jordanian commercial banks.International Journal of Business and Social Science,4(11). Arnold, B., Bateman, H., Ferguson, A. and Raftery, A., 2016. Partner-Scale Economies, Service Bundling, and Auditor Independence in the Australian Self-Managed Superannuation (Pension) Fund Industry.Auditing: A Journal of Practice Theory,36(2), pp.161-180. Azim, M.I., 2013. Independent Auditors Report: Australian Trends From 1996 to 2010.Journal of Modern Accounting and Auditing,9(3), p.356. Biro, M.A. and East, C.E., 2017. Using the Nippita classification system for women undergoing induction of labour in a large metropolitan maternity service: Bringing simplicity and certainty to an important quality improvement process.Australian and New Zealand Journal of Obstetrics and Gynaecology,57(2), pp.228-231. Boolaky, P.K. and Quick, R., 2016. Bank Directors Perceptions of Expanded Auditor's Reports.International Journal of Auditing,20(2), pp.158-174. Carson, E., Fargher, N. and Zhang, Y., 2016. Trends in auditor reporting in Australia: A synthesis and opportunities for research.Australian Accounting Review,26(3), pp.226-242. Goodwin, J. and Wu, D., 2016. What is the relationship between audit partner busyness and audit quality?.Contemporary Accounting Research,33(1), pp.341-377. Houqe, M.N., 2017. IFRS Adoption and Audit Fees-Evidence from New Zealand.International Journal of Business and Economics,16(1), p.75. Huggins, A., Simnett, R. and Hargovan, A., 2015. Integrated reporting and directors concerns about personal liability exposure: Law reform options.Company and Securities Law Journal,33, pp.176-195. Livne, G., 2016. Are auditors independent of their clients? A review of past research and discussion of research opportunities in Europe. Manoel, J. and Quel, L.F., 2017. Innovation in the International Standards for the New Independent Audit Report.Journal on Innovation and Sustainability. RISUS ISSN 2179-3565,8(1), pp.130-143. Prasad, P. and Chand, P., 2017. The Changing Face of the Auditor's Report: Implications for Suppliers and Users of Financial Statements.Australian Accounting Review. Robson, M., Murphy, M. and Byrne, F., 2015. Quality assurance: The 10?Group Classification System (Robson classification), induction of labor, and cesarean delivery.International Journal of Gynecology Obstetrics,131(S1). Ruhnke, K., Pronobis, P. and Michel, M., 2014. Audit materiality disclosures and credit lending decisions. Shaw, K., 2014. Internationalization in Australia and Canada: Lessons for the Future.College Quarterly,17(1), p.n1. Sierra?Garca, L., Zorio?Grima, A. and Garca?Benau, M.A., 2015. Stakeholder engagement, corporate social responsibility and integrated reporting: an exploratory study.Corporate Social Responsibility and Environmental Management,22(5), pp.286-304. Siriwardane, H., Hu, H. and Kin, B., 2013. Skills, knowledge and attitudes for present day auditors. Xu, Y., Carson, E., Fargher, N. and Jiang, L., 2013. Responses by Australian auditors to the global financial crisis.Accounting Finance,53(1), pp.301-33

Honesty Sells Success in Sales

Question: Describe about the Success in Sales? Answer: Success in Sales: One who obtains the lowest price is not always the achiever of Success neither it depends on the one having the best customer nor to the most intelligent person. It is considered that success generally lies to the person who practice honest work to whomever they come to deal with. According to Mark Hunters past experiences he personally came in contact with more than thousand salespeople having their own level of failures and success. What he felt about success is that one of the reliable factors to achievement is not the exterior environment but a commitment to integrity (Thesaleshunter.com, 2015). This factor remains reliable no matter what economical circumstances the market is going through (Widener, n.d.). People who work in sale for a long time have the idea about identifying the people whom other people follow and trust. These people sometimes have the potential to act as a leader but in reality they are often not identified in a high place of an enterprise (Gaffney and Francis, 2009). It is a fact that these people can influence others because of their honesty. The course of integrity initiates when someone allows himself to be publically as well as personally responsible for his every actions. Integrity refers to holding oneself for a higher degree of responsibility for maintaining their standard. There are certain points for strengthening integrity, they are: Integrity is an internal choice The practice of integrity can be started at any point of time no matter whatever past record one holds. Acceptance of the reality that one may not shut every agreement because the person is not prepared to adjust with his standards. Integrity is best evaluated when the person is not under any surveillance. To take lesson and learn from each and every person who practice integrity, not only when times are good but also when circumstances are not favorable. One owes it to himself for achieving success not just because the person had been in sales for decades but because they are more inclined towards honesty. Success achieved through honesty has an unparallel satisfaction. It brings long term success. References Gaffney, S. and Francis, C. (2009).Honesty sells. Hoboken, N.J.: Wiley. Thesaleshunter.com, (2015).Who Really Achieves Success in Sales? | Sales Motivation and Sales Training. [online] Available at: https://thesaleshunter.com/resources/articles/sales-motivation/who-really-achieves-success-in-sales/ [Accessed 6 Mar. 2015]. Widener, C. (n.d.).Building a 6 Figure Sales Career.