What is the philosophy of judicial activism?

Answers

Answer 1

Judicial activism maintains that the courts can and should consider wider societal effects of their judgements in addition to the relevant law while exercising their judicial power.

American historian, Arthur M. Schlesinger, Jr., in a 1947 article in Fortune coined the term Judicial activism.

Judicial activism is discusses in two contexts- political and academic.  In academic usage, activism refers to only the willingness of a judge to strike down or overturn a judicial precedent or to strike down any of another branch of government/.

Instead of deferring to the views of other government officials or earlier courts, an activist judge tires to enforce their own views based on constitutional requirements.

In political fabric, activism is used as a pejorative.

By claiming that judges make decisions based on their personal policy preferences rather than an accurate reading of the law, one can claim that they have abandoned their impartial position as judges and are instead "legislating from the bench."

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Related Questions

Why is the opinion of the Supreme Court so important?

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The opinion of the Supreme Court so important because they are disseminated to the public electronically and in print.

The Supreme Court's opinions and also its related materials are considered to be disseminated to public electronically and also in print. So, here the main purposes of a legal opinion are- to inform the addressee of the legal effect of a matter or transaction.

However, prior to the issuance of the bound volumes which is of the U.S. Reports, the Court's official decisions tend to appear in the 3 temporary forms: (1) slip opinions; (2) bench opinions; and (3) preliminary prints. Hence, there are a few other different types of the Supreme Court opinions.

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How did city infrastructure in the early 20th century affect the modernization of firefighters? (Check all that
apply.)
AThe training for firefighting opened more job opportunities.
B The city became the main overseer of all firefighting duties and jurisdictions.
CTechnology changes brought improvements to fire engines.
DWater hydrants and reservoirs were planned with the city's development.

Answers

Answer: all of them apply

Explanation:

Alison, a data analyst and software engineer, worked for Dellis, Inc. When she joined Dellis, she signed an employment contract. In that employment contract, among other provisions, was an arbitration clause, which read:
"any disputes arising out of this contract of employment are subject to arbitration in accordance with the rules of the American Arbitration Association."
During her work for Dellis, Alison created a software program that would better track Dellis’ clients. Alison attempted to register for a patent to the program, claiming personal ownership in the rights to the software. Dellis learns Alison is applying for patent protection and claims the program was created as a result of Alison's work for the company and therefore it belongs to the company.
Alison files a lawsuit in Court. She is requesting that the Court enter a Declaratory Judgment--essentially an order that she is the rightful owner of the patent associated with the program.
Dellis immediately files a motion to dismiss Alison’s lawsuit. Should the court hear Alison’s lawsuit. Why or why not?

Answers

Any disputes arising out of this contract of employment are subject to arbitration in accordance with the rules of the American Arbitration Association. Was an arbitration clause.

What is employment?

In most cases, employment refers to the status of having a paid job—of being employed. Employing someone is paying them to work. Employees are employed by an employer. Employment can also refer to the act of hiring individuals, as in We're trying to hire more women.

The term employment contract may include an employment arbitration clause, which means you agreed not to pursue any legal action against your employer in court. Instead, any disputes that you have with your employer must be settled through a process known as arbitration

Therefore, Thus option (A) is correct.

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What is Thoreau's main point in civil disobedience?

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Thoreau's main point in Civil Disobedience was that one should be free to exercise his/her self conscience in the political sphere of his country.

Thoreau goes on to say that he/she and should not be a silent spectator to the wrong doings of the government and should boldly voice their resistance to it.

The basic premise of Thoreau In Civil Disobedience is that there exists a higher law than the civil law which demands the obedience of the individual.

He argues that both the government and the humans are subordinate.

Whenever one takes the inferior position and the other becomes subordinate, it is important that humans use their conscience whenever such a case arises. This would in turn lead to the well being of the society.

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What are some reasons underlying the requirements that before a person can be convicted of a crime, every member of a jury voted for conviction?

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CONVICTION

There are several reasons why the requirement that every member of a jury must vote for conviction before a person can be found guilty of a crime is in place:

The requirement for a unanimous verdict helps to ensure that the defendant is not convicted unless there is a high level of agreement among the jurors that they are guilty beyond a reasonable doubt. This helps to prevent wrongful convictions and protect the rights of the accused.

A unanimous verdict helps to ensure that all jurors have thoroughly considered the evidence and arguments presented during the trial. It requires them to engage in deliberation and come to a consensus about the guilt of the defendant, rather than simply relying on the opinions of a few jurors.

A unanimous verdict is more likely to be viewed as fair and legitimate by the general public, as it demonstrates that all jurors were in agreement about the verdict. This can help to maintain public trust in the justice system.

The requirement for a unanimous verdict can also help to prevent deadlocks and mistrials, as it ensures that all jurors are in agreement about the verdict before it can be returned.

To conclude, the requirement for a unanimous verdict helps to ensure that defendants are not convicted unless there is a high level of agreement among the jurors that they are guilty beyond a reasonable doubt, and helps to protect the rights of the accused and maintain public trust in the justice system.

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Which of the following resources could be a good place to start if you are researching case law? (Select all that apply.)
-The website of the court where the decision was made.
-Annotated codes for the law the case deals with.
-Legislative history of the law the case deals with.
-The daily Federal Register
(multiple choice)

Answers

The following resources could be a good place to start if you are researching case law:

The website of the court where the decision was made.Annotated codes for the law the case deals with.The legislative history of the law the case deals with.

Where is the best place to start your legal research?

Secondary sources, such as law journals, practice manuals, legal encyclopedias, and treatises, are the ideal place to start if you're looking into a novel legal concept or an uncharted territory of the law. They are a wonderful place to start your legal investigation since they have already done the legwork.

Make a research plan and note the case's facts. To handle a legal duty with authority, one must have faith in the procedure. This is true regardless of the profession, the legal environment, or the amount of legal experience. Making the effort to discover and comprehend the facts of your case should be the first step in a productive approach.

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When a party's performance is perfect, it is said to be complete.
True/False

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When a party's performance is perfect, it is said to be complete. true

A party who performs substantially all of the terms of a contract in good faith can enforce the contract against the other party. Unless expressly stated otherwise, most contracts require that they be performed only to the satisfaction of a reasonable person.

In some contracts, this means that one party promises something in exchange for another party's performance. The action of completing that performance fulfills the second party's contractual obligations. For instance, one party may promise to pay another $100 if the second party paints their house.

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Which of the following is not a fiduciary duty an agent owes to his or her principal?
A. Loyalty
B. Confidentiality
C. Accountability
D. Blind obedience

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Option d: Blind Obedience is not a fiduciary duty an agent owes to his or her principal.

Fiduciary duty is the responsibility entrusted to a fiduciary in dealings with other parties, especially in relation to financial matters.

In most cases, this means that fiduciary responsibilities include overseeing the client's assets and acting on behalf of the client and in the client's best interests.

The duty of loyalty is he one of the highest and most respected duties. Trustees are paid for their work.

However, there is also work that will be the eyes and ears of the client, working to ensure the client's desired outcome without the promise of additional compensation in return.

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the federal trafficking victims protection act of 2000 identifies two forms of trafficking

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The Trafficking Victims Protection Act of 2000 (TVPA) was amended to divide trafficking into option (a). H. Sex Trafficking and Labor Trafficking.

The Trafficking Victims Protection Act of 2000 (TVPA) established plans to prosecute traffickers, prevent trafficking, and protect victims and survivors of trafficking.

The law organizes human trafficking and related crimes as related crimes. Human trafficking includes the use of force, deception, or coercion to obtain certain types of labor or to market sex.

The three most common types of human trafficking are male or female trafficking, slave employment, and debt bondage.

Forced labor, also known as automated slavery, is a significant area of ​​human trafficking worldwide, according to the US State Department.

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In no less than 50 sentences, write down a three-paragraph essay on: “CAN POLICE BRUTALITY EVER BE JUSTIFIED?”

Answers

I. Introduction

Definition of police brutalityThesis statement: While there may be some circumstances in which police officers are justified in using force, police brutality is never acceptable and can never be fully justified.

II. Background information on police brutality

Statistics on the prevalence of police brutalityExamples of high-profile cases of police brutality

III. Arguments for the justification of police brutality

Situations in which police officers may feel threatened or justified in using forceThe need for police officers to protect themselves and the public

IV. Rebuttal of arguments for the justification of police brutality

Police officers are trained to de-escalate situations and use appropriate levels of forceThe use of excessive force often leads to further escalation and violencePolice officers should be held to a higher standard of conduct and be held accountable for their actions

V. Alternatives to the use of force by police officers

Community policing and restorative justice approachesThe use of non-lethal weapons and de-escalation techniques

VI. Conclusion

The use of police brutality is never justified and must be actively addressed and preventedThe need for reforms and accountability to ensure that all members of the community are treated with dignity and respect.

Who is affected by the Supreme Court decisions?

Answers

The Supreme Court's decisions have a huge impact on society as a whole, not just on federal and state courts, but also on schoolchildren in significant ways.

The Supreme Court has a significant impact on how to subordinate federal and state courts, as well as federal and state agencies, implement decisions made by the Court and how they are delayed, avoided, interpreted incorrectly, and overturned.

It includes responses from a variety of "populations," such as:

those who explain or elaborate on its decisions,those who are expected to carry them out or put them into practice, the people for whom the decisions are meant, and the general public.

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More than half of women who are murdered are killed by a partner or family member. True or False?

Answers

True, More than half of women who are murdered are killed by a partner or family member, as per a study from United Nations.

Research shows that female victims tend to be younger than perpetrators in the United States, and domestic violence is more common in couples where the male partner is at least 15 years older than the female partner.

The United Nations also said sex workers were the group most likely to be killed, with rates in the United States about 18 times higher than non-sex workers.

The Drug and Crime Control Service stresses that legislative change and early intervention can help victims of domestic violence before it's too late, and can also train criminal justice system staff.

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Can citizens overrule Supreme Court?

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No, The highest court in the country is the U.S. Supreme Court. Citizens or No lower court has ever been able to directly overrule a Supreme Court decision.

In actuality, a Supreme Court decision cannot be altered, rejected, or disregarded by Congress or the president.

Can Congress revoke judgments? Congress does not immediately make legislation in response to decisions, although it can.

Though it does not exist in a vacuum, the Supreme Court does. It is subject to checks and balances, just like the legislative and executive branches.

The United States Constitution contains several limitations on the Court's authority, which elected branches may enforce if they have the political will to do so.

When the Supreme Court rules on a constitutional matter, that decision is essentially final; only the constitutional amendment process or a subsequent ruling by the Court can overturn the Court's rulings.

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True or False. Notaries may not use electronic technology to notarize wills, codicils, and testamentary trusts.
OA) TRUE
OB) FALSE

Answers

Answer:

OB)False

Explanation:

give me brainliest

Notaries may not use electronic technology to notarize wills, codicils, and testamentary trusts. This is a false statement.

What is Testamentary trusts?

A testamentary trust is a type of trust that is established in a testator's will and comes into existence after their death. Multiple testamentary trusts may be mentioned in a will, which may also handle the entire estate or just a portion of it.

Electronic notarization necessitates the presence of both the Colorado notary public and the subject of the notarial act. distance notarization The notary public need not be at the same location as the person for whom the notarial act is carried out, but they must still be in Colorado.

Therefore, The statement is false.

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What are some of the basic responsibilities of law enforcement supervisors?

Answers

Some basic responsibilities of law enforcement supervisors include:

Managing and supervising subordinate officersDeveloping and implementing department policies and proceduresEnsuring that officers under their command are properly trained and equipped

What are the basic responsibilities of law enforcement supervisors?

Generally, The supervisors make sure that the officers and detectives have access to all of the necessary information and equipment so that they can accomplish their jobs effectively.

They instruct employees in the appropriate processes and techniques. They keep them up to date on any modifications that have been made to the legislation. The operations of the division that they administer are planned and coordinated by the supervisors.

Investigating complaints and misconduct allegations against officersMaintaining discipline and enforcing department rules and regulationsCoordinating with other agencies and community organizationsManaging the department's budget and resourcesRepresenting the department in meetings and court proceedingsPlanning and directing department operations and activities.

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Some of the basic responsibilities of law enforcement supervisors include:

Supervising the activities of police officers Ensuring the proper training of police officers Keeping updated with new laws so they are better enforced.

What are the responsibilities of supervisors in law enforcement ?

There are several responsibilities that a supervisor in the field of law enforcement would have and some of them include:

Supervising and directing the activities of police officers and other personnel under their command.Ensuring that officers are properly trained and equipped to carry out their duties.Managing department resources, including budget, equipment, and personnel.Developing and implementing department policies and procedures.Investigating complaints and allegations of misconduct by officers under their command.Coordinating with other law enforcement agencies and community groups to build positive relationships and promote public safety.Representing the department in court and other legal proceedings.Responding to and managing critical incidents, such as emergencies, natural disasters, and large-scale events.

These roles and responsibilities would however be based on the jurisdiction.

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What is another name for federal and state laws?

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Another name for federal and state laws is regulation, which means any applicable requirement imposed by any federal, state, or other law or regulation.

Federal law applies to all states in the United States, but state law is specific to a particular state. This means that state laws can vary from state to state.

So while you can do something legal in one state, the same act can face serious consequences in other states.

State law talks about the basics of right and wrong, while federal law addresses broader issues such as civil rights, criminal law, and immigration law. Both state and federal law are blanket issues, so there are conflicting situations.

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When is using your headlights required by Virginia law?

Answers

In Virginia, headlights must be used when visibility is less than 500 feet, between sunset and sunrise, and during inclement weather, such as rain, snow, fog, or smoke.

Headlights should be used in any situation where visibility is impaired, even if it is still light out. This is to ensure that other drivers, bicyclists, and pedestrians can easily see your vehicle coming. Additionally, when driving in an area that is not well-lit, such as a rural road, headlights should be used even when visibility is not impaired. This will help make your vehicle more visible from a greater distance. It is important to note that Virginia law requires the use of either low or high-beam headlights. High beams should be used only when no other vehicles are present.

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What are the law of Independent Assortment and law of segregation in genetics?

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The Law of Independent Assortment in Genetics tends to state that the inheritance of the one pair of the genes is independent ofthe inheritance which is of another pair.

The Law of segregation tends to state that the every individual tends to possess the two alleles and here only one allele is said to be passed on to the offspring. Thus, this has to do with 1 gene and here the allocation of the gene copies is random.

Whereas, the Law of Independent Assortment in Genetics states that the allele of one gene tends to separate independently which is of an allele of the another gene. For instance, two-hybrid rabbits are crossed.

Hence, the law of Independent Assortment and the law of segregation in genetics were explained above.

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How is the philosophy of judicial activism different from the philosophy of judicial restraint?

Answers

Judicial activism and Judicial restraint have philosophies that are polar opposites of each other.

These two terms of Judicial activism and Judicial restraint are the  used to express the philosophy and motivation of the judicial decisions

Judicial activism, simply put, is a theory of wherein it states certain judgements are passed after taking into account the essecne of law along with the dynamics of society and time.

Judicial Restraint, on the other hand, adheres to a more strict interpretation of the law and focuses on the significance of legal precedent.

Thus see, the expression `judicial activism’ is actually used in contrast to `judicial restraint’.

Judicial activism is a dynamic process of judicial outlook in a changing society. In recent years judicial activism has given new dimensions to the process of law making by courts.

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Why did Churchill warn against the Munich Pact?

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Churchill warned against the Munich Pact as believed that it would soon lead to Germany gaining more territories and might lead to another war.

He called it a complete and  unmitigated defeat.

It became clear by 1936 that Hitler's had greater plans to expand Germany's boundaries, especially when his troops entered the Rhineland.

He soon annexed Austria only two years later, in March 1938.

Neville Chamberlain, while at the Munich Conference in 1939, agreed that Germany could gain the laid of Sudetenland, thereby seemingly averting any was in near future.

This was called the Munich Agreement.

However, Winston Churchill, one of the few critics of the appeasement policy, boldly described it as ‘an unmitigated disaster’. He however fell out of public support and very few agreed with him.

Finally his prophecy seemed to have come true. Hitler violated the Munich Agreement, March 1939, by occupying the rest of Czechoslovakia.

Soon, only six months later, Germany invaded Poland and Britain found itself at war, once again.

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A center traffic lane enclosed by double yellow lines on each side with the inner lines broken may be used to start and complete left hand turns and start U-turns from either direction of traffic, but cannot be used for passing.T/F

Answers

It is TRUE that passing is not permitted in the center lane, bordered by double yellow lines on either side with the inner lines broken. Left turns and U-turns, on the other hand, can be made from any direction of traffic.

A vehicle making a U-turn and heading back the opposite way: Unauthorized U-turns are not allowed on public roads. a complete shift from one point of view or tactic to the adversarial When the prime minister received the bad news, he promptly changed his course of action. The tale revolves around the murder of lawbreakers at a specific flyover, and a team of police inspectors and a budding journalist are tasked with catching the killer. The three-point turn, from which the term "three-point turn" derives, allows you to turn your car three times while driving down a narrow path.

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How important is it to lead by example as a supervisor?

Answers

Leading by example as a supervisor helps to develop a better relationship among team members as well as help in creating trust.

What is a supervisor?

A supervisor is referred to as an individual who monitors or keeps check on the kind of work being performed by subordinates and helps them by guiding them effectively to improve their performance.

When a supervisor monitors or guides by giving examples it helps in engaging the group of poeple effectively. The words and actions of the supervisor are sincerely observed by the team.

It helps to develop trust among them and encourages them to meet the challenges they are facing together.

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g One party wants to file a suit against another. For a court to hear the case, Group of answer choices both parties must consent. the court must have jurisdiction. both parties must own property. the parties must have no minimum contacts with each other.

Answers

Option b: One party wants to file a suit against another and for a court to hear the case the court must have jurisdiction.

Jurisdiction is a legal term for the legal powers granted to a legal entity to administer the judiciary. In federal states such as the United States, jurisdictions are local, state, and federal.

The judiciary draws its substance from international law, conflicts of law, constitutional law, and the powers of the executive and legislative branches to direct resources to best serve the needs of society.

A lawsuit is an action brought in court by one party against another party(s). These are usually civil cases, meaning there are no allegations of criminal conduct.

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What did William Blackstone believe the purpose of law was?

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The purpose of Blackstone's commentary on England law was to provide a readable source of common law for most people.

This work was divided into his four volumes:

Human rights, property rights, private and public wrongs.

One of his core beliefs is that laws are designed to protect the innocent, not to convict the guilty. Blackstone thus worked for a law firm that did not plead guilty to defendants.

Another of William Blackstone's beliefs was that citizens had certain rights that they could exercise against what they considered government excesses, including freedom of the press.

William Blackstone's third great belief was that all laws come from God, or at least from the natural order of the universe.

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Joint education can be broadly parsed into three categories: Joint Professional Military Education (JPME), Enlisted Joint Professional Military Education (EJPME), other Joint Education.

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True, Joint education can be broadly parsed into three categories: Joint Professional Military Education (JPME), Enlisted Joint Professional Military Education (EJPME), and other Joint Education.

Joint education must be grounded in shared doctrine and reflect the purposeful, iterative, and ongoing nature of joint force development.

Joint Doctrine comprises the basic rules by which the U.S. military is guided in conducting coordinated actions against common goals.

Including tactics, techniques, methods and terms when included in joint publications. It has supreme authority, but it requires rationality to apply.

Joint Professional Military Education (JPME) is a form of Professional Military Education (PME) in the United States and emphasizes a multi-service approach.

Joint Professional Military Education was formed after a growing awareness of the need for effective cooperation between branches of the United States Armed Forces during World War II.

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How did William Blackstone influence the Constitution?

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William Blackstone advised the Founding Fathers of the USA to understand the value of common law.

Blackstone's work had a profound impact on the ideology that led to the American Revolution and the subsequent drafting of the United States Constitution.

Commentary has been frequently cited by US courts as a source for Common His Law.

The purpose of Blackstone's commentary on English law was to provide a readable source of common law for most people.

Government policies and practices should therefore also be implemented in harmony with this power. In other words, governments should not be allowed to restrict individuals' freedom of choice and action.

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What are the 3 key principles of Mendel's inheritance theory?

Answers

Mendel derived his first concept, the principle of uniformity, from this straightforward observation. According to this theory, every offspring from a cross like this—where the parents differ by only one trait—will look the same.

Mendel also tested the effects of mating plants with two or more pure-bred traits to see what happened. He found that each quality was inherited independently of the others and had a 3:1 ratio of its own. This is the driving principle for the independent assortment.

Mendel gathered his data for tens of thousands of plants before coming to the conclusion that the characteristics may be divided into expressed and latent aspects. He described these traits as being, respectively, dominant and recessive.

Mendel observed that every F1 plant was identical. Each of them had spherical yellow seeds, just like one of the two parents. However, any possible combination of the two features could be seen in the F2 generation of plants that were created by the self-pollinated F1 generation.

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The taxable amount of Jeff’s Social Security is $12,000.00

Answers

If the taxable amount of Jeff’s Social Security is $12,000.00, then the social security for the period is $ 744

How to find social security taxes ?

Employers and employees are both subject to the Social Security tax, which is used to pay for the country's Social Security program. Payroll taxes are used to collect Social Security taxes, as required by the Federal Insurance Contributions Act (FICA)

The retirement, disability, and survivorship benefits that the Social Security Administration provides to millions of Americans each year are paid for by Social Security taxes.

Some non-resident foreigners and members of religious organizations with particular ideologies are excluded from paying Social Security tax.

For social security taxes, the tax payers will pay 6.2 percent of of their wages or the portion of their wages that are taxable for social security which in this case is $ 12, 000 for Jeff.

The social security taxes to Jeff is therefore:

= 12, 000 x 6. 2%
= $ 744

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Can the Supreme Court overturn a law passed by Congress?

Answers

Although the Court lacks the specific power to void legislation, this power was established by the well-known Marbury v. Madison decision.

The United States Supreme Court (SCOTUS) has the authority to conduct judicial reviews.  This means that every act of Congress may be contested and brought before a Federal Court in a standard legal proceeding. The Justices may look over and interpret the act when the case comes before SCOUTS. Judicial review is the process through which the courts of a country determine whether the legislative, executive, and administrative branches of the government are carrying out their duties in conformity with the constitution. Everything that is seen to be against the Constitution is ruled void and invalid.

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The Ohio state legislature is concerned because people guilty of lesser drug offenses are languishing in prison

Answers

Answer:

It is not clear what specific action the Ohio state legislature is considering or what information is being requested. Could you provide more context or clarify the question?

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