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Compelling Interest
Government or state interest is a concept in law that allows the state to regulate a given matter. The concept may apply differently in different countries, and the limitations of what should and should not be of government interest vary, and have varied over time. United States In the United States, the concept of government interest arises especially when certain constitutional issues are before a court of law. Under US constitutional jurisprudence, arising from US Supreme Court decisions, the courts weigh the government's interest in a particular subject matter against the impact of restrictions being imposed on the individuals' rights and interests. A compelling governmental interest may override fundamental constitutional rights, if it satisfies the strict scrutiny test. A government interest is compelling if it is essential or necessary rather than a matter of choice, preference, or discretion. When government action infringes an individual's fundamental rights, the govern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State (polity)
A state is a centralized political organization that imposes and enforces rules over a population within a territory. There is no undisputed definition of a state. One widely used definition comes from the German sociologist Max Weber: a "state" is a polity that maintains a monopoly on the legitimate use of violence, although other definitions are not uncommon.Cudworth et al., 2007: p. 95Salmon, 2008p. 54 Absence of a state does not preclude the existence of a society, such as stateless societies like the Haudenosaunee Confederacy that "do not have either purely or even primarily political institutions or roles". The level of governance of a state, government being considered to form the fundamental apparatus of contemporary states, is used to determine whether it has failed. In a federal union, the term "state" is sometimes used to refer to the federated polities that make up the federation. (Other terms that are used in such federal systems may include “province”, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Religion
Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom to change one's religion or beliefs, "the right not to profess any religion or belief", or "not to practise a religion". Freedom of religion is considered by many people and most nations to be a fundamental rights, fundamental human right. In a country with a state religion, freedom of religion is generally considered to mean that the government permits religious practices of other sects besides the state religion, and does not religious persecution, persecute believers in other faiths (or those who have no faith). Freedom of belief is different. It allows the right to believe what a person, group, or religion wishes, but it does not necessarily allow the right to practice the religion or belief openly and outwardly in a public manner, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Relations
International relations (IR), sometimes referred to as international studies and international affairs, is the scientific study of interactions between sovereign states. In a broader sense, it concerns all activities between states—such as war, diplomacy, trade, and foreign policy—as well as relations with and among other international actors, such as intergovernmental organisations (IGOs), international nongovernmental organisations (INGOs), international legal bodies, and multinational corporations (MNCs). There are several schools of thought within IR, of which the most prominent are realism, liberalism, and constructivism. International relations is widely classified as a major subdiscipline of political science, along with comparative politics and political theory. However, it often draws heavily from other fields, including anthropology, economics, geography, law, philosophy, sociology, and history. While international politics has been analyzed since antiquit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Interest
The national interest is a sovereign state's goals and ambitions (economic, military, cultural, or otherwise), taken to be the aim of government. Etymology The Italian phrase ''ragione degli stati'' was first used by Giovanni della Casa around the year 1547. The expression "reason of state" (''Ragion di Stato'') was championed by Italian diplomat and political thinker Niccolò Machiavelli, and was later popularised by Italian political thinker Giovanni Botero around 1580s,. Prominently, Chief Minister Cardinal Richelieu justified France's intervention on the Protestant side, despite its own Catholicism, in the Thirty Years' War as being in the national interest in order to block the increasing power of the Catholic Holy Roman Emperor. At Richelieu's prompting, Jean de Silhon defended the concept of ''raison d'État'' as "a mean between what conscience permits and affairs require."Thuau, E. 1996. ''Raison d'État et Pensée Politique a l'époque de Richelieu.'' Paris: Armand Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Morality
Public morality refers to moral and ethical standards enforced in a society, by law or police work or social pressure, and applied to public life, to the content of the media, and to conduct in public places. A famous remark of Mrs Patrick Campbell, that she did not care what people did as long as they "didn't frighten the horses",* shows that in some sense even high tolerance expects a ''public'' limitation on behaviour. At the opposite extreme a theocracy may equate public morality with religious instruction, and give both the equal force of law. Public morality often means regulation of sexual matters, including prostitution and homosexuality, but also matters of dress and nudity, pornography, acceptability in social terms of cohabitation before marriage, and the protection of children. It is a main justification for censorship; it can lead to campaigns against profanity, and so be at odds with freedom of speech. Gambling is generally controlled: casinos have been cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Interest
The public interest is "the welfare or well-being of the general public" and society. Overview Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore, defines the public interest as the "''ex ante'' welfare of the representative individual." Under a thought experiment, by assuming that there is an equal chance for one to be anyone in society and, thus, could benefit or suffer from a change, the public interest is by definition enhanced whenever that change is preferred to the status quo ''ex ante''. This approach is "''ex ante''", in the sense that the change is not evaluated after the fact but assessed before the fact without knowing whether one would actually benefit or suffer from it. This approach follows the "veil of ignorance" approach, which was first proposed by John Harsanyi but popularized by John Rawls in his 1971 ''Theory of Justice''. Historically, however, the approach ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burden Of Proof (law)
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intermediate Scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged furthers an ''important'' government interest by means that are substantially related to that interest. Intermediate scrutiny may be contrasted with "strict scrutiny", the higher standard of review that requires narrowly tailored and least restrictive means to further a ''compelling'' governmental interest, and "rational basis review", a lower standard of review that requires the law or policy be rationally related to a ''legitimate'' government interest. This approach is most often employed in reviewing limits on commercial speech, content-neutral regulations of speech, and state actions discriminating on the basis of sex. Laws subject to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the American Civil War, Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal justice under law, Equal Justice Under Law". This clause was the basis for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rational Basis Review
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment. Courts applying rational basis review seek to determine whether a law is "rationally related" to a "legitimate" government interest, whether real or hypothetical."Rational Basis Test" Cornell University Law School. Accessed May 13, 2022. The higher levels of scrutiny are intermediate scrutiny and . Heightened scrutiny is applied ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amish
The Amish (; pdc, Amisch; german: link=no, Amische), formally the Old Order Amish, are a group of traditionalist Anabaptist Christian church fellowships with Swiss German and Alsatian origins. They are closely related to Mennonite churches, another Anabaptist denomination. The Amish are known for simple living, plain dress, Christian pacifism, and slowness to adopt many conveniences of modern technology, with a view neither to interrupt family time, nor replace face-to-face conversations whenever possible, and a view to maintain self-sufficiency. The Amish value rural life, manual labor, humility and '' Gelassenheit'' (submission to God's will). The history of the Amish church began with a schism in Switzerland within a group of Swiss and Alsatian Mennonite Anabaptists in 1693 led by Jakob Ammann. Those who followed Ammann became known as Amish. In the second half of the 19th century, the Amish divided into Old Order Amish and Amish Mennonites; the latter do not abstain fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
