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Business Law Alternative Methods

1.) Discuss how the following could occur given what Article I, Section 7 of the Constitution says. Is this decision wrong?

2.) Select a case and explain how it is processed throughout the various legal phases. Because most cases never make it to trial, it is also important to consider alternative methods of dispute resolution.

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1.) Article I, Section 7 of the U.S. Constitution describes how a bill becomes a law. The legislative process is fraught with conflict and compromise. Section 7 does not say specifically how legislation passes the House or the Senate; no provision is made for a majority vote, for instance. Such details are left up to each house in establishing its own rules under Section 5 of Article I. However, before a bill is sent to the president, the House of Representatives and the Senate have to pass identical versions. If there are differences, both chambers appoint members of a conference committee, which proposes a compromise bill. Section 7 also includes several examples of checks and balances. It gives the president the power to veto, or reject, legislation passed by Congress. Congress can override the president's veto by a two-thirds vote of each house, but this is done rarely. The president has only ten days in which to veto a bill or it becomes law automatically. Similarly, if Congress adjourns during that ten days, the bill dies if the president does not sign it; a tactic known as a pocket veto.

Many presidents have advocated a line item veto, exercised by most state governors, to allow them to reject specific provisions in a bill rather than the whole thing. They believe such a power will help them combat wasteful programs that benefit only a few Americans at the expense of the many. Congress passed a Line Item Veto Act in 1996, but the Supreme Court ruled it unconstitutional in Clinton v. New York (1998). Efforts to pass a constitutional amendment for a line item veto have thus far failed. This provision in Section 7 is known as the Presentment Clause. It ensures that the president participates in the legislative process, whether or not the law in question is labeled a bill or a resolution. However, the Presentment Clause does not apply to proposed ...

Solution Summary

The business law alternative methods are determined.