• Can you think of a situation occurring now where in some states the federal criminal law is in direct conflict with the state and local laws, but the Department of Justice has refrained from enforcing the federal law? Tell me the answer and whether you think it is a good idea that the federal government has chosen to refrain from interfering with the state laws and benefits derived to private industry in those states?
• The Dormant Commerce doctrine is controversial. Do you think use of the doctrine to protect discriminatory laws in states makes sense? Why or why not?
The Constitution applies only to governmental action but the distinction between private and governmental action is not always clear. Discuss whether the following situations are prohibited by the Constitution because they constitute “state action/government action”.
Present day welfare state advancement is for the most part considered to prompt government disability or advantages installments, social lodging arrangement, wellbeing arrangement, social work and instructive administrations. Together these administrations are known as the 'enormous five' yet these administrations have a tendency to create after some time and have varied in amount, accessibility and quality. Arrangement and advancement can change because of social, monetary and political elements (Spicker, 1995, p. 3). State arrangement of welfare has a long history, in Britain for example going back to the Elizabethan Poor Laws and prior. Welfare states began to create when studies of neediness by individuals, for example, Charles Booth demonstrated the insufficiency of welfare arrangements that couldn't manage destitution especially with expanding urbanization and industrialisation (Thane, 1996, p. 7). The overall gloom from 1929 would lead nations to consider encourage welfare improvements. High joblessness (12% of the working populace in Britain even under the least favorable conditions) demonstrated that better welfare arrangement was required (Robbins, 1994, p. 208). From such humble roots general society division in Britain for instance speaks to around 40 % of the economy (Simpson, 2005, p. 4). There are different key hypotheses that look to clarify the procedures associated with welfare state improvement that will be clarified beneath. The speculations have advanced or being contrived to clarify the distinctions and likenesses in welfare state improvement in various nations in the meantime or in a solitary nation over some stretch of time. Speculations concur that welfare states were produced to serve those that required help the most or once in a while as general administrations to all (O'Brien and Penna, 1998, p. 2). After the fundamental hypotheses have been talked about the one or ones that are most relevant for assessing contemporary changes will be delineated. There are distinctive methods for taking a gander at the advancement of the welfare state and choosing how far it ought to expand, requests for changes can come about because of enhanced innovation, moving social or monetary variables and statistic patterns, for example, bring down birth rates and individuals living longer. As governments have found welfare states signify 'individuals are living longer and more advantageous lives' which implies that there are more beneficiaries however less working individuals to manage the annuities and additional wellbeing and care administrations they require (Department for Work and Pensions, 2005 p. 4). Four key speculations of welfare state advancement are based around radicalism, Marxism, Neo-progressivism and post structuralism and have all sooner or later been reflected in or utilized as a part of the improvement of welfare states. Advancements in welfare states can likewise be responsive or proactive relying upon the ideological points and dreams of governments or their capacity to make social approach (Spicker, 1995, p. 35). Progressivism tended to pressure the part of the person in accommodating their own particular needs; the state should just intercede to help those that were unequipped for looking for some kind of employment. The entrepreneur market would in the end give better lives to everybody; there was just a base part for state intercession (O'Brien and Penna, 1998, p. 21). In Britain the liberals initially accomplished their goes for welfare state improvement with the 1834 Poor Law Act that at long last supplanted the dependable yet no longer viable demonstration of 1601. Following the new demonstration the poor were placed in workhouses where they needed to work as an end-result of being housed and nourished (O'Brien and Penna, 1998, p. 21). Progressivism worried in its unique shape that the state should simply give people the opportunity to settle on their own decisions, just aiding the extremely down and out. For them government just needs to maintain laws and property rights. The matter of administration of business was to enable organizations to work uninhibitedly (R. Bellamy 'Progressivism' from Eatwell and Wright, 2003, pp. 27-28). However a few liberals perceived the deficiencies of free enterprise financial matters especially amid subsidences and droops. They likewise noticed the failings of the Poor Law to handle destitution notwithstanding amid times of enhancing thriving. There rose new and radical progressivism that called for expanded welfare arrangement and the rise of restricted welfare states. The British Liberal legislatures of 1906-1914 exemplified that approach by presenting state seniority benefits and work trades for the jobless (Comfort, 1993, p. 347). Interestingly Germany had just had an all around created welfare state arrangement by 1900. Inquisitively Bismarck who needed a sound accomplished populace drew up this framework (M Donald Hancock et al, 1998, p.295). Two new liberals as William Beveridge and John Maynard Keynes where the particular designers of the Atlee government's far reaching welfare state and after war interventionist monetary approaches or Keynesian (Bellamy from Eatwell and Wright, 2003, p. 33). Beveridge had a lot of involvement in welfare arrangement having being responsible for the work trades and addressing on financial aspects at Oxford University and the London School of Economics. Keynes had been a financial matters counselor to the British government and enlivened the New Deal program in the USA (Crystal, 1998, pp. 105 and 523). Marxism was produced by Karl Marx in conjunction with Fredrich Engels and prompted a moment keynote hypothesis of building up the welfare state. Obviously Marx and Engels were not worried about such issues as they wished to advance socialism and work towards the common laborers assuming control financial and political power from the industrialist classes. A Marxist state would build up a welfare state to advance, socialism or more all secure the specialists and kill neediness. Marx trusted that free enterprise would be supplanted by socialism in this manner supplanting the imbalances and giving everyone enough to address their issues (O'Brien and Penna, 1998, p. 44). The Marxist development was not brought together about how it would build up the welfare state or in reality pick up control. A few Marxists, for example, the German Social Democrats liked to utilize parliamentary majority rules system to accomplish control and build up a welfare state. The original Erfurt Program of 1891 called for welfare arrangements, for example, eight-hour working days, free social insurance, free training, least wages and correspondence for ladies. More radical Marxists, for example, Lenin and Trotsky pushed furnished transformations and could seize control himself. The Soviet Union itself built up a welfare state with free therapeutic and instruction administrations and benefits with joblessness formally non-existent (J.F Femia 'Marxism and Communism' from Eatwell and Wright, 2003, pp. 110-12). In Imperial Germany, Bismarck set up the welfare state to undermine the communists in this manner subduing these wild mammoth of the political backwoods (Hobsbawm, 1987, p. 102). The Marxist-Leninist administrations of the Soviet Union and its Central and Eastern European satellites may have created welfare states yet they neglected to deliver the financial success of the West and the numerous disappointments of their arranged economies added to the fall of these administrations. Then again their populace were all more monetarily equivalent, they were poor yet had free welfare arrangement and no political rights. The third primary keynote hypothesis for welfare state improvement is Neo-Liberalism most nearly connected with the legislatures of Margaret Thatcher and Ronald Reagan. In Britain and different parts of Western Europe the blend of Keynesian financial aspects and widely inclusive welfare arrangement that had accomplished after war success floundered in the late 1960s and the 1970s. Neo-Liberals trusted that the blend of Keynesian financial aspects and the welfare state were adding to monetary and political stagnation and were not any more reasonable. Margaret Thatcher's legislature chosen in 1979 continued to previously dump Keynesian financial matters and proposed to decrease the welfare state (O'Brien and Penna, 1998, p. 78-79). Following strategies that ended up known as Thatcherism nationalized ventures were privatized, endowments to sickly privately owned businesses were halted, and board houses were sold off. These approaches expanded joblessness however in the long run brought down swelling. Margaret Thatcher additionally constrained exchange association power and vanquished the diggers amid the unpleasant strike of 1984-1985. She neglected resistance to her approaches as individuals acknowledge there is no option (Comfort, 1993, p. 608). The arranged diminishment in use on the welfare state never appeared as higher joblessness pushed up advantage installments and more government employees were expected to process those cases. The Conservatives found that the National Health Service was politically holy despite the fact that they could acquaint an inner market with help proficiency. Neo-radicalism is an arrival to the thoughts of great progressivism and perspectives the state in a similar negative light. In any case it has not having the capacity to destroy the welfare state just to change it (O'Brien and Penna (1998) p. 103). In the USA Reagan's approaches delivered comparable levels of joblessness and neediness while expanding military spending significantly. Jessie Jackson blamed Reagan for burning through millions to beat our plowshares into swords, while leaving the hindered asking for bread Carroll and Noble, 1988, p. 437). Reagan thought that it was less demanding to deny welfare and spurn the heritage of the New Deal than Thatcher discovered it to turn around the idea of arrangement from the support to the grave (Hobsbawm, 1994, p. 249). Post-structuralism developed at a comparative time to Neo-progressivism from the 1960s. Dissimilar to Neo-radicalism it doesn't see progressivism in any pretense or Marxism as sufficient techniques for understanding social and financial approach or as establishments for welfare state improvement. Rather than focusing on the state and people Poststructuralism plans to comprehend 'the connections between information of social life and the dispersion of energy through society (O'Brien and Penna, 1998, p. 105). Marxism began to experience the ill effects of the 1970s with I>GET ANSWER