Tuesday, March 26, 2019

usa legislation

constitution
The Federalist (later known as The Federalist Papers) is a collection of 85 articles and essays written under the pseudonym "Publius" by Alexander HamiltonJames Madison, and John Jay to promote the ratification of the United States Constitution. Seventy-seven of these essays were published serially in the Independent Journal, the New York Packet, and The Daily Advertiser between October 1787 and August 1788. A two-volume compilation of these and eight others was published in 1788 as The Federalist: A Collection of Essays, Written in Favour of the New Constitution, as Agreed upon by the Federal Convention, September 17, 1787.[1][2] The collection was commonly known as The Federalist until the name The Federalist Papers emerged in the 20th century.

  • Anti-Federalist Papers is the collective name given to works written by the Founding Fathers who were opposed to or concerned with the merits of the United States Constitution of 1787. Starting on 25 September 1787 (8 days after the final draft of the US Constitution) and running through the early 1790s, these anti-Federalists published a series of essays arguing against a stronger and more energetic union as embodied in the new Constitution. Although less influential than their written counterparts, The Federalist Papers, these works nonetheless played an important role in shaping the early American political landscape and in the passage of the US Bill of Rights.


Territory
Under United States law, an unincorporated territory is an area controlled by the United States government which is not part of (i.e., "incorporated" in) the United States. In unincorporated territories the U.S. Constitution applies only partially. In the absence of an organic law a territory is classified as unorganized. In unincorporated territories "fundamental rights apply as a matter of law, but other constitutional rights are not available".[1] Selected constitutional provisions apply depending on congressional acts and judicial rulings according to U.S. constitutional practice, local tradition and law. There are currently 14 unincorporated territories, comprising a land area of approximately 12 thousand km^2 containing a population of approximately 4 million people; Puerto Rico alone comprises the vast majority of both the total area and total population. Of the 14 territories, five are inhabited. These are either organized or self-governing,[2] but unincorporated. These are Puerto Rico, Guam, Northern Mariana islands, U.S. Virgin Islandsand American Samoa.[3] There are also nine uninhabited US possessions, of which only Palmyra Atoll is incorporated. (See Territories of the United States, Unorganized territory [4] and insular area.) All modern inhabited territories under the control of the federal government can be considered as part of the "United States" for purposes of law as defined in specific legislation;[5] but, the judicial term "unincorporated" was coined to legitimize the U.S. late 19th-century territorial acquisition without citizenship and their administration without constitutional protections temporarily until Congress made other provisions. The case law allowed Congress to impose discriminatory tax regimes with the effect of a protective tariff upon territorial regions which were not domestic states. From 1901 to 1905, the U.S. Supreme Court, in a series of opinions known as the Insular Cases, held that the Constitution extended ex proprio vigore (i.e., of its own force) to the continental territories. However, the Court in these cases also established the doctrine of territorial incorporation, under which the Constitution applies fully only in incorporated territories such as Alaska and Hawaii, and applies only partially in the new unincorporated territories of Puerto Rico, Guam and the Philippines.

  • case of guam hkej 23aug17 shum article
sale of land
- the interstate land sales full disclosure act
- real estate settlement procedures act

Common law
- restatements of law by american law institute, essentially encycopedia of american common law

Louisiana law largely based on french civil code


Federal vs state
- preemption, supremacy clause of constitution provide basis

  • Express preemption
  • Field preemption
  • Conflict preemption
The Code of Laws of the United States of America[1] (variously abbreviated to Code of Laws of the United StatesUnited States CodeU.S. CodeU.S.C., or USC) is the official compilation and codification of the general and permanent federal statutes of the United States. It contains 53 titles (Titles 1–54, excepting Title 53, it being reserved).[2][3] The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually.[4][5] The official version of those laws not codified in the United States Code can be found in United States Statutes at Large.



Reconciliation is a legislative process of the United States Congress that allows expedited passage of certain budgetary legislation on spending, revenues, and the federal debt limitwith a simple majority vote in both the House (218 votes) and Senate (51 votes). Senate rules prohibit filibustering and impose a 20-hour cap on the total time for debate, motions and amendments related to reconciliation bills. The procedure also exists in the House of Representatives, but the House regularly passes rules that constrain debate and amendments, so reconciliation has had a less significant impact on that body. The process was created by the Congressional Budget Act of 1974 and was first used in 1980. Reconciliation rules allow budget related adjustments, but larger policy changes that are extraneous to the budget are limited by "Byrd Rule", an amendment named after Democratic Senator Robert Byrd that was passed in 1990. Reconciliation bills can be passed on spending, revenues, and the federal debt limit once a year per topic unless Congress passes a revised budget resolution for that fiscal year (under section 304 of the Congressional Budget Act).[5] As an example, if a budget resolution's reconciliation instructions affect both spending and revenues, no further reconciliation legislation can occur on these topics in the same fiscal year without a revised budget resolution.
- 民主黨人指出稅改方案違反「伯德規定」(Byrd Rule),該條文由已故民主黨議員伯德在三十多年前推動,用作防止議員在參眾兩院商討妥協方案時,提出加入無關財政的內容、令赤字大增或盈餘大減的修訂。http://orientaldaily.on.cc/cnt/china_world/20171221/00180_004.html

national defence authorization act
- http://www.chinadaily.com.cn/a/201808/15/WS5b7332eaa310add14f385c0a.html Beijing bashed Washington on Tuesday after United States President Donald Trump signed into law the National Defense Authorization Act for Fiscal Year 2019, which includes measures undermining China's territorial sovereignty and core interests. Experts said the language used in the act sets a "dangerous precedent" by reviving Cold War paranoia, leading to possible arms races, regional tensions and mistrust in global relations. Measures against China in the new act include issuing public reports on China's activities in the South China Sea, and banning China from future Rim of the Pacific Exercises, a biennial naval event led by the US in Hawaii.
A section of the law is also dedicated to US plans to enhance Taiwan's defensive capabilities.



The Administrative Procedure Act (APA),Pub.L. 79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federalstatute that governs the way in whichadministrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly reviewagency decisions. It is one of the most important pieces of United States administrative law. The Act became law in 1946. The APA applies to both the federal executive departments and theindependent agencies. U.S. Senator Pat McCarran called the APA "a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated" by federal government agencies. The text of the APA can be found under Title 5 of the United States Code, beginning at Section 500. There is a similar Model State Administrative Procedure Act (Model State APA) which was drafted by the National Conference of Commissioners on Uniform State Laws for oversight of state agencies. Not all states have adopted the model law wholesale as of 2007. The federal APA does not require systematic oversight of regulations prior to adoption as suggested by the Model APA.[2] According to the Attorney General's Manual on the Administrative Procedure Act, drafted after the 1946 enactment of the APA, the basic purposes of the APA are:
  1. to require agencies to keep the public informed of their organization, procedures and rules;
  2. to provide for public participation in the rulemaking process;
  3. to establish uniform standards for the conduct of formal rulemaking and adjudication;
  4. to define the scope of judicial review.

《聯邦反裙帶關係法》
- http://hk.apple.nextmedia.com/international/art/20170111/19893133《聯邦反裙帶關係法》禁官員提拔親屬到自己所屬部門,由總統詹森於1967年簽署,據指是要杜絕前任總統甘迺迪委親弟羅拔甘迺迪(Robert Bobby Kennedy)為司法部長的例子再現,該法又稱「波比甘迺迪法」。該法規定公職人員不得委任、聘請、擢升或推薦任何親屬,包括女婿,進入他任職或可行使管轄權、控制權的機構擔任文官,違者不能受薪。總統克林頓在任時委任夫人希拉莉為醫改工作小組主席,就曾惹來爭議,涉違反《聯邦反裙帶關係法》。但聯邦上訴法院及後裁定該法只適用於政府受薪職位,白宮人員可獲豁免,因白宮不屬法例所指的「機構」。而「第一夫人」傳統上需履行公務職責,亦令希拉莉本身就擁有「實然」聯邦官員權力。法院判決將白宮幕僚剔除於此法外,成為今日特朗普團隊的依據。

The Merchant Marine Act of 1920, commonly known as the Jones Act, is a United States federal statute that provides for the promotion and maintenance of the American merchant marine. Among other purposes, the law regulates maritime commerce in U.S. waters and between U.S. ports. Section 27 of the Jones Act deals with cabotage (coastwise trade) and requires that all goods transported by water between U.S. ports be carried on U.S.-flag ships, constructed in the United States, owned by U.S. citizens, and crewed by U.S. citizens and U.S. permanent residents. The act was introduced by Senator Wesley Jones. The law also defines certain seaman's rights. Laws similar to the Jones Act date to the early days of the nation. In the First Congress, on September 1, 1789, Congress enacted Chapter XI, “An Act for Registering and Clearing Vessels, Regulating the Coasting Trade, and for other purposes”, which limited domestic trades to American ships meeting certain requirements. The Merchant Marine Act of 1920 has been revised a number of times; the most recent revision in 2006 included recodification in the U.S. Code. In early 2015, Senator John McCain filed for an amendment that would essentially annul the Act. The Jones Act is not to be confused with the Death on the High Seas Act, another United States maritime law that does not apply to coastal and in-land navigable waters.

The Tariff Act of 1930 (codified at 19 U.S.C. ch. 4), otherwise known as the Smoot–Hawley Tariff or Hawley–Smoot Tariff, was an act implementing protectionist trade policies sponsored by Senator Reed Smoot and Representative Willis C. Hawley and signed into law on June 17, 1930. The act raised U.S. tariffs on over 20,000 imported goods. The tariffs (this does not include duty-free imports – see Tariff levels below) under the act were the second-highest in the U.S. in 100 years, exceeded by a small margin by the Tariff of 1828.[3] The Act and following retaliatory tariffs by America's trading partners helped reduce American exports and imports by more than half during the Depression.
Under section 337, the USITC determines whether there is unfair competition in the importation of products into, or their subsequent sale in, the United States. Section 337 declares the infringement of a U.S. patent, copyright, registered trademark, or mask work to be an unlawful practice in import trade. Section 337 also declares unlawful other unfair methods of competition and unfair acts in the importation and subsequent sale of products in the United States, the threat or effect of which is to destroy or substantially injure a domestic industry, prevent the establishment of such an industry, or restrain or monopolize trade and commerce in the United States.


The Trade Act of 1974 created fast track authority for the President to negotiate trade agreements that Congress can approve or disapprove but cannot amend or filibuster. The Act provided the President with tariff and non-tariff trade barrier negotiating authority for the Tokyo Round of multilateral trade negotiations. Gerald Ford was the President at the time. The fast track authority created under the Act was set to expire in 1980, was extended for 8 years in 1979,[2] was renewed again in 1988 until 1993 to allow for the negotiation of the Uruguay Round within the framework of the General Agreement on Tariffs and Trade (GATT),[3] and was again extended to 16 April 1994,[4][5][6] a day after the Uruguay Round concluded in the Marrakech Agreement transforming the GATT into the World Trade Organization (WTO). It and was restored in 2002 by the Trade Act of 2002. The Obama Administration sought renewal for fast-track in 2012. It also gave the President broad authority to counteract injurious and unfair foreign trade practices.
  • Section 201 of the Act requires the International Trade Commission to investigate petitions filed by domestic industries or workers claiming injury or threat of injury due to expanding imports. Investigations must be completed within 6 months. If such injury is found, restrictive measures may be implemented. Action under Section 201 is allowed under the GATT escape clause, GATT Article XIX.
  • Section 301 was designed to eliminate unfair foreign trade practices that adversely affect U.S. trade and investment in both goods and services. Under Section 301, the President must determine whether the alleged practices are unjustifiable, unreasonable, or discriminatory and burden or restrict U.S. commerce. If the President determines that action is necessary, the law directs that all appropriate and feasible action within the President’s power should be taken to secure the elimination of the practice. A Special 301 Report is prepared annually by the Office of the United States Trade Representative (USTR) which must identify a list of "Priority Foreign Countries", those countries judged to have inadequate intellectual property laws; these countries may be subject to sanctions. This has been issued every year beginning in 1989 since the enactment of the Omnibus Foreign Trade and Competitiveness Act of 1988 and the Uruguay Round Agreements Act (enacted in 1994).
  • 上世纪80年代和90年代,在世贸组织1995年成立之前,美国使用301条款解决了不少与日本和韩国的贸易争端。1989年,美国贸易代表办公室凭该条款认定日本在电脑和卫星等方面封闭市场,最终迫使日本政府开放了这些领域。歷史上美国对中国的调查共三次,第一次为1991年因中国对知识产权保护不足为由,被加入调查名单,最终中国承诺加强知识产权保护,在90年代先后修订了《专利法》、《商标法》,颁布《反不正当竞争法》等。其间美国也对中国实施了报復性惩罚措施,对向中国进口的纺织品、服装及电子产品,徵收了100%的惩罚性关税。同一时期,美国以风电和光伏发电等不正当竞争为由再次展开调查。第三次为2010年的中国清洁能源调查,最终中国停止对使用国产零部件的风电企业提供补贴。http://paper.takungpao.com/resfile/PDF/20170814/PDF/a2_screen.pdf; http://www.hkcd.com.hk/pdf/201708/0825/HA01825CGAA.pdf

Federal register act
The Federal Register Act requires that the Federal Register, begun on March 14, 1936, be the Federal government’s comprehensive vehicle for publishing all agency promulgated rules and regulations as well as all Presidential proclamations and executive orders or other such documents that the President determines has general applicability and legal effect or as may be required by Act of Congress. Other documents, such as notices of meetings, agency collection activities, applications, and policy statements may be included as well. However, the law does not permit the publication of comments or news items in the Federal Register.4 After the enactment of the Administrative Procedures Act in 1946, notices of proposed rulemaking are now also required to be published.5 The proposed rules are to be accompanied by a description of the subject and issues involved and from 1947 to 1972 these descriptions in the preamble to the proposed rules were about the only place to find an explanation or rationale for a rule. Beginning in the 1960s finalized rules began to be accompanied in the Federal Register by brief explanations, usually just after the text of the rule, but it was not until 1973 that final rules were required by the Administrative Committee of the Federal Register to have in their preamble to the rule a statement summarizing the general subject matter of the rule.6 A rule effective on April 1, 1977, requires that comments to proposed rules and answers to them be summarized in the preamble before the rule and it also requires that agencies submit their final and proposed rules with specific preamble heading material.7 The preamble information published in the Federal Register to a proposed or final rule is the primary published source for its “regulatory history” and one of the few means to determine “regulatory intent.”

federal tort claims act
- discretionary function exception provided for in ftca

Interstate commerce act

Standard state zoning enabling act



Death on the high seas act

Labour related
- railway labour act - also covers airline



Civil service reform act 

Aviation
- airmail act 1925
- air commerce act 1926
- federal aviation act
- federal air regulation
- faa authorization act
- airline deregulation act
- general aviation revitalisation act
- air carrier access act
- air transportation safety and system stabilization act
- 49 usc s44701
- 14 cfr
- advisory circulars
- airworthiness directives

Immigration
The Immigration Act of 1990 (Pub.L. 101–649, 104 Stat. 4978, enacted November 29, 1990) was signed into law by George H. W. Bush on November 29, 1990.[1] It was first introduced by Senator Ted Kennedy in 1989. It was a national reform of the Immigration and Nationality Act of 1965. It increased total, overall immigration to allow 700,000 immigrants to come to the U.S. per year for the fiscal years '92–'94, and 675,000 per year after that.[2] It provided family based immigration visa, created five distinct employment based visas, categorized by occupation, as well as the diversity visa program which created a lottery to admit immigrants from "low admittance" countries [3] or countries where their citizenry was underrepresented in the U.S. Besides these immigrant visas there was also changes in nonimmigrant visas like the H-1B visa for highly skilled workers. There were also cutbacks in the allotment of visas available for extended relatives.[4]The Temporary protected status visa was also created where Congress established a procedure by which the Attorney General may provide TPS to immigrants in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary condition. It specifically benefited citizens of El Salvador.[2] Other aspects of the act include lifting the English testing process for naturalization which was imposed in the Naturalization Act of 1906 [5] and eliminating the exclusion of homosexuals under the medically unsound classification of "sexual deviant" that was present in the passage of the 1965 Act.[6] George H. W. Bush is quoted in saying "I am also pleased to note that this Act facilitates immigration not just in numerical terms, but also in terms of basic entry rights of those beyond our borders."[7] The administration, therefore, saw the importance of this amendment in extending a welcoming to those previously excluded nations/individuals.

The Native American Graves Protection and Repatriation Act (NAGPRA), Pub. L. 101-601, 25 U.S.C. 3001 et seq., 104 Stat. 3048, is a United States federal lawenacted on 16 November 1990. The Act requires federal agencies and institutions that receive federal funding[1]to return Native American "cultural items" to lineal descendants and culturally affiliated Indian tribes and Native Hawaiian organizations. Cultural items include human remains, funerary objects, sacred objects, and objects of cultural patrimony. A program of federal grants assists in therepatriation process and the Secretary of the Interior may assess civil penalties on museums that fail to comply.

racial discrimination
Executive Order 9981 was an executive order issued on July 26, 1948, by President Harry S. Truman. It abolished racial discrimination in the United States Armed Forces and eventually led to the end of segregation in the services. Before the order's issuance, blacks in the military worked under different rules that delayed their entry into combat.


The Glass–Steagall legislation describes four provisions of the U.S. Banking Act of 1933 separating commercial and investmentbanking. [1] The article 1933 Banking Act describes the entire law, including the legislative history of the provisions covered here.Starting in the early 1960s, federal banking regulators interpretations of the Act permitted commercial banks, and especially commercial bank affiliates, to engage in an expanding list and volume of securities activities.[3] Congressional efforts to "repeal the Glass–Steagall Act", referring to those four provisions (and then usually to only the two provisions that restricted affiliations between commercial banks and securities firms),[4] culminated in the 1999 Gramm–Leach–Bliley Act (GLBA), which repealed the two provisions restricting affiliations between banks and securities firms. By that time, many commentators argued Glass–Steagall was already "dead". Most notably, Citibank's 1998 affiliation with Salomon Smith Barney, one of the largest US securities firms, was permitted under the Federal Reserve Board's then existing interpretation of the Glass–Steagall Act. In November 1999, President Bill Clinton publicly declared "the Glass–Steagall law is no longer appropriate".


company law
The Model Business Corporation Act (MBCA) is a model set of law prepared by the Committee on Corporate Laws of the Section of Business Law of the American Bar Association and is followed by twenty-four states.[1] It has been influential in shaping standards for United States corporate law.

employment/workers
- occupational safety and health act 1970


The Antiquities Act of 1906, (Pub.L. 59–209, 34 Stat. 22516 U.S.C. § 431–433), is an act passed by the United States Congress and signed into law by Theodore Roosevelt on June 8, 1906. This law gives the President of the United States the authority to, by presidential proclamation, create national monuments from public lands to protect significant natural, cultural, or scientific features. The Act has been used over a hundred times since its passage. Its use occasionally creates significant controversy. 
Resources
http://www.llsdc.org/sourcebookProduced by the LLSDC Legislative Research Special Interest Section, the Legislative Source Book contains a collection of resources to help with complex historical and contemporary questions in legislative activities.

The Wilderness Act of 1964 (Pub.L. 88–577) was written by Howard Zahniser of The Wilderness Society. It created the legal definition of wilderness in the United States, and protected 9.1 million acres (37,000 km²) of federal land. The result of a long effort to protect federal wilderness and to create a formal mechanism for designating wilderness, the Wilderness Act was signed into law by President Lyndon B. Johnson on September 3, 1964 after over sixty drafts and eight years of work.
The Wilderness Act is well known for its succinct and poetic definition of wilderness:
“A wilderness, in contrast with those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain.”

When Congress passed and President Lyndon Johnson signed the Wilderness Act on September 3, 1964, it created the National Wilderness Preservation System.

The Lacey Act of 1900, or simply the Lacey Act (16 U.S.C. §§ 33713378) is a conservation law in the United States that prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported, or sold.

The United States Government updated US commercial space legislation in 2015 with the passage of the Commercial Space Launch Competitiveness Act, sometimes referred to as the Spurring Private Aerospace Competitiveness and Entrepreneurship (SPACE) Act of 2015. The update to US law explicitly allows US citizens to "engage in the commercial exploration and exploitation of 'space resources' [including ... water and minerals]." The right does not extend to biological life, so anything that is alive may not be exploited commercially.[3] The Act further asserts that "the United States does not [(by this Act)] assert sovereignty, or sovereign or exclusive rights or jurisdiction over, or the ownership of, any celestial body." [3] Some scholars[who?] argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. The SPACE Act includes the extension of indemnification of US launch providers for extraordinary catastrophic third-party losses of a failed launch through 2025, while the previous indemnification law was scheduled to expire in 2016. The Act also extends, through 2025, the "learning period" restrictions which limit the ability of the Federal Aviation Administration (FAA) to enact regulations regarding the safety of spaceflight participants.[5] Indemnification for extraordinary third-party losses has, as of 2015, been a component of US space law for over 25 years, and during this time, "has never been invoked in any commercial launch mishap." Businessweek has summarized one effect of the legislation as "American citizens could keep anything they brought back from space.".
- hkej 11feb19 shum article

antitrust
- the antitrust division of the department of justice and the federal trade commission are charged with the task of enforcing antitrust regulations.  The FTC has limited judicial power; taking violators to court falls almost exclusively on the antitrust division of the doj.  Instead, the FTC issues cease-and-desist orders based on information gathered in a specific case.  If the cease-and-desist order is not followed, the FTC may levy a fine of up $10,000 on the guilty party.  If further noncompliance occurs, the FTC usually enjoins the doj for further prosecution. 

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