Thursday, June 4, 2020

2016 One-year Top Performing Direct Plans Q1

Savingforcollege.com ranks the performance of direct-sold 529 plans. Direct-sold plans are those that consumers can enroll in without using a broker. We have prepared one-year, three-year, five-year and ten-year performance tables. To prepare this ranking, we compared a subset of portfolios from each 529 savings plan. We selected portfolios based on their mix of stocks, bonds and money market funds, which allows for an apples-to-apples comparison in seven asset-allocation categories. The "performance score" determines the ranking. This ranking could be a useful tool for you when selecting which direct 529 plan might be right for you. Here are our 529 performance rankings as of March 31, 2016 for Direct-sold 529 plans. One-year performance ranking (click here for three-year performance table, five-year performance table, and ten-year performance table ): Rank State Plan Performance score 1 West Virginia SMART529 WV Direct College Savings Plan 20.06 Plan Details 2 South Carolina Future Scholar 529 College Savings Plan (Direct-sold) 20.89 Enroll Now 3 Tennessee TNStars College Savings 529 Program 24.36 Plan Details 4 Illinois Bright Start College Savings Program -- Direct-sold Plan 24.55 Enroll Now 5 Nebraska Nebraska Education Savings Trust - Direct College Savings Plan 26.91 Enroll Now 6 New York New York's 529 College Savings Program -- Direct Plan 27.61 7 Michigan Michigan Education Savings Program 27.84 Plan Details 8 Virginia Virginia529 inVEST 29.84 Enroll Now 9 Pennsylvania Pennsylvania 529 Investment Plan 31.04 Plan Details 10 Missouri MOST - Missouri's 529 College Savings Plan (Direct-sold) 31.09 11 District of Columbia DC 529 College Savings Program (Direct-sold) 31.30 Enroll Now 12 Utah Utah Educational Savings Plan (UESP) 31.69 Plan Details 13 Minnesota Minnesota College Savings Plan 33.18 Plan Details 14 Iowa College Savings Iowa 33.36 Enroll Now 15 Georgia Path2College 529 Plan 34.22 Enroll Now 16 North Carolina National College Savings Program 35.38 Enroll Now 17 Alabama CollegeCounts 529 Fund 36.14 Enroll Now 18 Ohio Ohio CollegeAdvantage Direct 529 Savings Plan 36.38 Enroll Now 19 Alaska University of Alaska College Savings Plan 36.60 20 Kansas Learning Quest 529 Education Savings Program (Direct-sold) 37.37 Plan Details 21 California The ScholarShare College Savings Plan 37.60 Plan Details 22 Maine NextGen College Investing Plan -- Client Direct Series 37.71 Enroll Now 23 Hawaii Hawaii's College Savings Program 38.51 Enroll Now 24 Florida Florida 529 Savings Plan 38.90 Plan Details 25 Colorado Direct Portfolio College Savings Plan 40.01 Enroll Now 26 Nebraska TD Ameritrade 529 College Savings Plan 40.51 Plan Details 27 Mississippi Mississippi Affordable College Savings (MACS) Program 40.97 Plan Details 28 Kentucky Kentucky Education Savings Plan Trust 41.54 Plan Details 29 Wisconsin Edvest 41.93 Plan Details 30 Alaska T. Rowe Price College Savings Plan 42.10 31 Nevada The Vanguard 529 Savings Plan 42.35 Plan Details 32 Indiana CollegeChoice 529 Direct Savings Plan 42.87 Enroll Now 33 Maryland College Savings Plans of Maryland -- College Investment Plan 43.41 Plan Details 34 Oklahoma Oklahoma College Savings Plan 43.87 Plan Details 35 Idaho Idaho College Savings Program (IDeal) 44.64 Enroll Now 36 Arkansas GIFT College Investing Plan 45.17 Plan Details 37 Louisiana START Saving Program 46.27 Plan Details 38 New Mexico The Education Plan's College Savings Program 47.92 Enroll Now 39 Kansas Schwab 529 College Savings Plan 48.75 Plan Details 40 North Dakota College SAVE 49.48 Enroll Now 41 Nevada SSGA Upromise 529 Plan 49.82 Plan Details 42 New Hampshire UNIQUE College Investing Plan 50.40 Enroll Now 43 Delaware Delaware College Investment Plan 50.51 Enroll Now 44 Arizona Fidelity Arizona College Savings Plan 50.59 Enroll Now 45 Massachusetts U.Fund College Investing Plan 50.80 Enroll Now 46 Texas Texas College Savings Plan 55.16 Enroll Now 47 Oregon Oregon College Savings Plan 55.48 Plan Details 48 West Virginia SMART529 Select 55.51 Plan Details 49 Rhode Island CollegeBoundfund (Direct-sold, Alternative RI) 59.56 Enroll Now 50 Connecticut Connecticut Higher Education Trust (CHET) 61.40 Plan Details 51 New Jersey NJBEST 529 College Savings Plan 79.83 52 South Dakota CollegeAccess 529 (Direct-sold) 81.75 Plan Details 53 Nevada USAA 529 College Savings Plan 82.20 Plan Details - Montana Achieve Montana NA Plan Details - Vermont Vermont Higher Education Investment Plan NA Plan Details NA = Not Applicable = Program does not have at least one portfolio with sufficiently-long performance in a minimum of four asset allocation categories under our ranking model. The Savingforcollege.com plan composite rankings are derived using the plans' relevant portfolio performance in seven unique asset allocation categories. The asset-allocation categories used are: 100 percent equity, 80 percent equity, 60 percent equity, 40 percent equity, 20 percent equity, 100 percent fixed and 100 percent short term. The plan composite ranking is determined by the average of its percentile ranking in the seven categories. The performance data underlying these rankings represent past performance and are not a guarantee of future performance. Current performance may be lower or higher than the performance data used. A plan portfolio's investment return and principal value will fluctuate so that an investor's shares or units when redeemed may be worth more or less than their original cost. Investors should carefully consider plan investment goals, risks, charges and expenses by obtaining and reading the plan's official program description before investing. Investors should also consider whether their beneficiary's home state offers any tax or other benefits that are available for investments only in such state's 529 plan. Brokers, please note: For internal use only and not for use with or to be shown to the investing public. Disclaimer: Saving For College, LLC shall not be liable for any errors or omissions in this report. Users should rely on official program disclosures. For broker-sold plan rankings, click here. Savingforcollege.com ranks the performance of direct-sold 529 plans. Direct-sold plans are those that consumers can enroll in without using a broker. We have prepared one-year, three-year, five-year and ten-year performance tables. To prepare this ranking, we compared a subset of portfolios from each 529 savings plan. We selected portfolios based on their mix of stocks, bonds and money market funds, which allows for an apples-to-apples comparison in seven asset-allocation categories. The "performance score" determines the ranking. This ranking could be a useful tool for you when selecting which direct 529 plan might be right for you. Here are our 529 performance rankings as of March 31, 2016 for Direct-sold 529 plans. One-year performance ranking (click here for three-year performance table, five-year performance table, and ten-year performance table ): Rank State Plan Performance score 1 West Virginia SMART529 WV Direct College Savings Plan 20.06 Plan Details 2 South Carolina Future Scholar 529 College Savings Plan (Direct-sold) 20.89 Enroll Now 3 Tennessee TNStars College Savings 529 Program 24.36 Plan Details 4 Illinois Bright Start College Savings Program -- Direct-sold Plan 24.55 Enroll Now 5 Nebraska Nebraska Education Savings Trust - Direct College Savings Plan 26.91 Enroll Now 6 New York New York's 529 College Savings Program -- Direct Plan 27.61 7 Michigan Michigan Education Savings Program 27.84 Plan Details 8 Virginia Virginia529 inVEST 29.84 Enroll Now 9 Pennsylvania Pennsylvania 529 Investment Plan 31.04 Plan Details 10 Missouri MOST - Missouri's 529 College Savings Plan (Direct-sold) 31.09 11 District of Columbia DC 529 College Savings Program (Direct-sold) 31.30 Enroll Now 12 Utah Utah Educational Savings Plan (UESP) 31.69 Plan Details 13 Minnesota Minnesota College Savings Plan 33.18 Plan Details 14 Iowa College Savings Iowa 33.36 Enroll Now 15 Georgia Path2College 529 Plan 34.22 Enroll Now 16 North Carolina National College Savings Program 35.38 Enroll Now 17 Alabama CollegeCounts 529 Fund 36.14 Enroll Now 18 Ohio Ohio CollegeAdvantage Direct 529 Savings Plan 36.38 Enroll Now 19 Alaska University of Alaska College Savings Plan 36.60 20 Kansas Learning Quest 529 Education Savings Program (Direct-sold) 37.37 Plan Details 21 California The ScholarShare College Savings Plan 37.60 Plan Details 22 Maine NextGen College Investing Plan -- Client Direct Series 37.71 Enroll Now 23 Hawaii Hawaii's College Savings Program 38.51 Enroll Now 24 Florida Florida 529 Savings Plan 38.90 Plan Details 25 Colorado Direct Portfolio College Savings Plan 40.01 Enroll Now 26 Nebraska TD Ameritrade 529 College Savings Plan 40.51 Plan Details 27 Mississippi Mississippi Affordable College Savings (MACS) Program 40.97 Plan Details 28 Kentucky Kentucky Education Savings Plan Trust 41.54 Plan Details 29 Wisconsin Edvest 41.93 Plan Details 30 Alaska T. Rowe Price College Savings Plan 42.10 31 Nevada The Vanguard 529 Savings Plan 42.35 Plan Details 32 Indiana CollegeChoice 529 Direct Savings Plan 42.87 Enroll Now 33 Maryland College Savings Plans of Maryland -- College Investment Plan 43.41 Plan Details 34 Oklahoma Oklahoma College Savings Plan 43.87 Plan Details 35 Idaho Idaho College Savings Program (IDeal) 44.64 Enroll Now 36 Arkansas GIFT College Investing Plan 45.17 Plan Details 37 Louisiana START Saving Program 46.27 Plan Details 38 New Mexico The Education Plan's College Savings Program 47.92 Enroll Now 39 Kansas Schwab 529 College Savings Plan 48.75 Plan Details 40 North Dakota College SAVE 49.48 Enroll Now 41 Nevada SSGA Upromise 529 Plan 49.82 Plan Details 42 New Hampshire UNIQUE College Investing Plan 50.40 Enroll Now 43 Delaware Delaware College Investment Plan 50.51 Enroll Now 44 Arizona Fidelity Arizona College Savings Plan 50.59 Enroll Now 45 Massachusetts U.Fund College Investing Plan 50.80 Enroll Now 46 Texas Texas College Savings Plan 55.16 Enroll Now 47 Oregon Oregon College Savings Plan 55.48 Plan Details 48 West Virginia SMART529 Select 55.51 Plan Details 49 Rhode Island CollegeBoundfund (Direct-sold, Alternative RI) 59.56 Enroll Now 50 Connecticut Connecticut Higher Education Trust (CHET) 61.40 Plan Details 51 New Jersey NJBEST 529 College Savings Plan 79.83 52 South Dakota CollegeAccess 529 (Direct-sold) 81.75 Plan Details 53 Nevada USAA 529 College Savings Plan 82.20 Plan Details - Montana Achieve Montana NA Plan Details - Vermont Vermont Higher Education Investment Plan NA Plan Details NA = Not Applicable = Program does not have at least one portfolio with sufficiently-long performance in a minimum of four asset allocation categories under our ranking model. The Savingforcollege.com plan composite rankings are derived using the plans' relevant portfolio performance in seven unique asset allocation categories. The asset-allocation categories used are: 100 percent equity, 80 percent equity, 60 percent equity, 40 percent equity, 20 percent equity, 100 percent fixed and 100 percent short term. The plan composite ranking is determined by the average of its percentile ranking in the seven categories. The performance data underlying these rankings represent past performance and are not a guarantee of future performance. Current performance may be lower or higher than the performance data used. A plan portfolio's investment return and principal value will fluctuate so that an investor's shares or units when redeemed may be worth more or less than their original cost. Investors should carefully consider plan investment goals, risks, charges and expenses by obtaining and reading the plan's official program description before investing. Investors should also consider whether their beneficiary's home state offers any tax or other benefits that are available for investments only in such state's 529 plan. Brokers, please note: For internal use only and not for use with or to be shown to the investing public. Disclaimer: Saving For College, LLC shall not be liable for any errors or omissions in this report. Users should rely on official program disclosures. For broker-sold plan rankings, click here.

Wednesday, May 6, 2020

Essay on Effective communication and its importance to...

Effective Communication and its Importance to Supervision Communication can often be overlooked and good communication skills can be easily assumed. If there is a lack of effective communication within an organization it can potentially affect every process. Every aspect and function of an organization relies on communication in some form. A supervisor must realize that only by ensuring effective communication can they have the proper expectations from their employees. Employees must receive adequate instruction, understand what their responsibility contains, and never feel as if they cannot talk to their supervisor. Supervisors and employees should be able to share information openly and always be certain that a message has been†¦show more content†¦This would also include ensuring they are acquainted with other members of an organization and establish some form of relations. Employees should be treated as individuals and evaluated and assessed as individuals. A performance evaluation that occurs through the proper communication channel informs an employee what they can do to improve and sharpen their skills. Members of an organization will be aware of the rules and regulations in place and the role they have in obeying them. A supervisor will familiarize an employee with procedures and expectations and give them a proper orientation. The supervisor should transmit information so that it is direct and easily understood. Providing adequate feedback is essential to guarantee that a message was completely taken in. The receiver restates the message heard or received by the sender and any clarifications necessary can be made. This ensures that a two-way exchange is taking place and the message is being comprehended. Effective feedback assists the employee and the supervisor by being specific and valid. In oral communication feedback is vital and usually immediate. Today there are multiple forms of communication, including an increase in electronic mediums. The effective supervisor will know how to utilize these different mediums but also know the advantages of oral communication. The clearing up of any misunderstanding or lack of specificity can be made in oral communication.Show MoreRelatedThe Importance of Effective Supervision Through Communication1901 Words   |  8 PagesThe Importance of Effective Supervision Through Communication The importance of a good effective supervisor with good communication skills, will prove to be one of the most valuable tools to any business or working environment, the benefits are both measurable and un-measurable. 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Although, I scored 55/55 here (Engels, BarrioRead MoreThe Bill of Rights Essay1418 Words   |  6 PagesIn the development process of America, its sound that legislative system has a very solid foundation for the construction of American society. The Bill of Rights as one of the successful act in America, its importance position has never been ignored. The Bill of Rights was introduced by James Madison and came into effect on December 15, 1791. It has given the powerful support for the improvements of American society. The Bill of Rights has become an essential part in guaranteeing the further developmentRead MoreCU294111 Review The Range Of Groups1149 Words   |  5 Pagesï » ¿ CU2941 1.1- Review the range of groups and individuals whose communication needs must be addressed in own job role: It is an integral part of my role communicating with young people, parents/carers and various professionals within a residential setting. 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According to Oxford dictionaries.com, a nurse is ‘a person trained to care for the sick or infirm, especially in a hospital.’ (Oxford dictionaries.com accessed on 28.1.2015) The prospect defined adult nurse asRead MoreProgress Report on My Execution of Duties in the Customer Service Department from 1 June -31 August, 20111256 Words   |  6 Pages0 INTRODUCTION This report gives an account of the progress that I have made in execution of duties in my assignment in the Customer Service Department during the first three months that I have covered in my position as a management trainee, effective 1st June, 2011. The report starts by giving a brief background of the branch program for management trainees and then explains in detail the progress made within the period in question. It also points out some challenges encountered in the processRead MoreEssay about Discrimination Model of Supervision776 Words   |  4 PagesCASE STUDY Supervision Case Study Deirdre Cotter Garfield Walden University CASE STUDY The discrimination model of supervision developed by Bernard amp; Goodyear, (1998) has three primary focus areas in training novice counselors these include use of intervention, what the supervisee is doing in the session that is observable, conceptualization or how the session work is being conducted and the level of understanding the supervisee has regarding client themes and application of specificRead MoreAccreditation Audit1207 Words   |  5 Pagestheir families constantly look for that supreme seal of excellence. Therefore N.C.H wants to make sure its services measure up to the joint commission standards. The previous findings by the Joint commission showed that there was a problem with communication in the hospital. It revealed that even though there were policies in place to ensure that information is efficiently passed across the channels, the leadership had not properly educated the staff to effectively utilize this information in providing

Tuesday, May 5, 2020

Zinn and Johnson free essay sample

Historian Howard Zinn doesn’t believe that Americans were civilized in terms of sex and national origin. He views the United States from 1865 to 1900 as oppressed and racist. Many examples are presented in his book â€Å"A people’s History of the United States†, one of the examples he presents and perhaps one of the most important is that in 1877 the industrial and political elites of North and South would take hold of the country and organize the greatest march of economic growth in human history (Zinn, 253). Zinn views this country as unorganized because of the working strike, they oppressed minorities to do the work to built and stabilize the economy of this country. The separation of labor between black and whites is what emphasizes the idea of oppression in the United States during this period. Between the Civil War and 1900, steam and electricity replaced human muscle (Zinn, 253). The creation of new machines soon began to change farming. We will write a custom essay sample on Zinn and Johnson or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Huge supplies of human beings were needed to test out these new machines that were backbreaking, unhealthful, and dangerous work. This shows how the United States only cared about social status, inventors were not to adjust or work the new machines, and therefore, people from a lower economic status, such as immigrants from Europe and China, would come to the United States and take the risks. An additional example of the change that occurred during this time period was the construction of the first transcontinental railroad which was built with blood, sweat, and politics ( Zinn, 254). Americans felt they were superior and submitted three thousand Irish and ten thousand Chinese to built the railroads for only about one or two dollars a day. Many workers died because of the heat and the war that was being held by the Indians that opposed the invasion of the territory ( Zinn, 255). Political standings also played a big role in the social injustice. The wild fraud on the railroads led to more control of railroad finances by bankers, who wanted more stability (Zinn, 255). J. P Morgan started off selling stocks for the railroads for good commissions but, during the Civil War he bought five thousand rifles from an army arsenal, and sold them to a general in the field. The rifles were defective and would shoot off the thumbs of the soldiers using them. He thought of himself as an American but the degradation of humanity in this act shows the contrary. James Mellon’s father wrote to him â€Å"a man may be a patriot without risking his own life or sacrificing his health. There are plenty of lives less valuable† ( Zinn, 255). This statement emphasizes the idea that Zinn is presenting about the United States and how it is full of oppression and racism. However, Historian Paul Johnson viewed things differently from Zinn. He described the United States from 1865 to 1900 as a panorama of general progress in which all classes shared and in which all intellectual and cultural interests were abundantly displayed (Johnson, 591). He ultimately believes that the United States was composed of American geniuses. If this were true I do not understand why minorities were being exploited by having them work long hours with no good payment. Johnson argues that although America’s high status elites deliberately spent their money on conspicuous consumption, they were still great Americans that wanted to succeed in being self satisfying, competitive swaggers, and excellent leaders for this country during that time. He compares American leaders to French and English noblemen, when in fact the United States as stated by Zinn had French and English people building the first transcontinental railroad. When describing the â€Å"Age of Robber Barons† Johnson compares, once again, French people and the building of a large country house to the building of the railroad constructed in 1877, the lack of information and no interest at all in what American history really was about, leads him to find without any facts a similarity between these two countries that had nothing to do with each other during that time. Johnson goes on talking about how between 1880 and 1920 there more country houses were built in the United States than in any other period of time. He again demonstrates us that he was more interested in story telling about the French instead of actually providing us with important facts about the United States. The history of the United States was not composed of how many houses were built; it was composed on how immigrants and lower class people were exploited to build more important things such as the railroads, while the white upper class spent their money on useless things. Zinn’s theories and ideas about the United States are much more meaningful than those of Johnson. Johnson is more interested in story than presenting actual facts about the United States. Johnson does not focus on the issue of race and the differences in treatment between social classes. Zinn on the hand provides us with facts about the cruelty that went on during this time. He focuses on telling us how people were mistreated, minorities were abruptly abused and the government did nothing to help the situation. The government of the United States was behaving almost exactly as Karl Marx described a capitalist state: pretending neutrality to maintain order, but serving the interests of the rich.

Sunday, April 19, 2020

Separation of Powers in U.S. Government Essay Example

Separation of Powers in U.S. Government Essay The Founding Fathers of the early American Constitution examined various political and modern theories as their guide in establishing a government that truly supports their aims and aspirations as a people who wish to be rid of the destructive clutches of the British Empire, one of which is the principle of separation of powers advanced by Baron de Montesquieu.This paper will examine the concept of separation of power and its evolution since the start of the Philadelphia Convention in 1787 up to the present.Separation of PowersThe concept of separation of power as theorized by Baron de Montesquieu states that the â€Å"legislative, executive, and judicial power function of the government—the power to make laws, the power to carry out laws, and the power to uphold the laws—should rest with the different branches of government† thus, reducing the possibility of tyranny. (Johnson, Aldrich, Miller et al, 1990, 45). In the adoption of a Federal government in 1787†™s American Constitution, de Montesquieu’s theory of separation of power was approved, thus, drawing line separating the powers held by each of the branches of government.The three branches of government were allocated with its own powers some of which are shared among them. The system was designed to reduce the risk of abusing its power by a single branch acting independently from the other branches. According to Johnson et al (1990, 51) no branch can carry out its powers without some degree of cooperation from the other branches.In a dissenting opinion of Justice Louis Brandeis in Myers v. United States,272 U.S. 52, 293 (1926) opined that the â€Å"separation of powers was adopted by the Convention of 1787, not to promote efficiency, but to preclude the exercise of arbitrary power. The purpose was, not to avoid friction, but, by means of the inevitable friction incident to the distribution of governmental powers among three departments, to save the people from autocracy. †It is this concept that minimizes the risk of one branch to completely take over the government or stray too far politically from the other branches making this design as a   key factor in the Constitutions’ survival, assuring evolution in government rather than revolution.Though this was the case, due to Constitutional provisions couched in general terms, tensions and conflicts regarding individual interpretation by the branches arise.The Constitutional ProvisionsThe American Bar Association painstakingly listed the power of each branch and its relation to the other branches.There are various provisions in the Federal Constitution that outlines the blending power of the check and balance or the separation of powers.The first three Articles found in the Constitution define the powers of each branch. Article 1 defines Congress’ powers; Article II defines the Executive branch’s power; and the Judicial Power is defined in Article III.Federal JudiciaryAlexa nder Hamilton’s The Federalist Paper revealed that among the three branches it is the judiciary that is the least powerful branch. A lifetime tenure and good behavior as well as a guaranteed salary is the Constitution’s protection for the judiciary to maintain its independence. The judiciary possess the power of judicial review of all actions taken by executive or Congress. It was in a landmark case of Marbury v. Madison (1803) that the judicial review, as a power of the Courts, was first exercised and it was also in this case that Supreme Court first coined the word and established its presence as a formidable branch in the Federal System.   The judicial power is a passive power for it needs cases and controversies brought before the court for it to exercises such power (Separation of Power, n.d.).The judicial power of individual judges is limited to the following: â€Å"[j]udges must explain their decisions in written opinions; [j]udges most follow the precedents established by the decisions of higher courts; and [j]udges decisions are subject to review by courts of appeals† (Separation of Power, n.d.).The executive and legislative branches possessed the following powers to check or balance the power of the judiciary. The following: [t]he federal courts are staffed by judges nominated by the President; [t]he courts rely upon the executive branch for enforcement of their decisions; [c]ongress has control over the judiciarys budget (although it cannot reduce a judges salary); [c]ongress has the power to impeach federal judges who misbehave in office; and [c]ongress may begin the process of amending the Constitution if it disagrees with the judiciarys interpretation of the Constitution† (Separation of Power, n.d.).CongressIn Congress, the Constitution provides numerous powers, to wit: budgetary power, â€Å"including the authority to raise taxes, borrow money, and spend money; [p]ower to declare war and to raise and support militar y forces; [p]ower to regulate immigration, the mail, patents and copyrights, and commerce between the states and with foreign countries; and [p]ower to establish federal courts below the United States Supreme Court.† Also, the â€Å"Constitution provides that Congress has the power to pass any law necessary and proper to give effect to its named powers (Separation of Power, n.d.).Congress’ power could be checked through the Presidential veto on any proposed legislation; and the Supreme Court’s power to review the constitutionality of a law if it is challenged in a case brought before the Court.The ExecutiveAside from the oversight power to federal agencies that implement the passed law of Congress, the Executive through the President possessed the following powers: â€Å"[p]ower as Commander in Chief of the armed forces; [p]ower to make treaties, nominate judges to the federal judiciary, and appoint officers of the government, subject to the advice and consent of the Senate; and [p]ower to pardon individuals convicted of federal crimes.†The Congress and the Court could check the Executive through the following modes: â€Å"[t]he Senates power to ratify treaties the President has signed and to consent to the Presidents nominees for federal judgeships and other government positions; â€Å"[t]he power of Congress to impeach and convict the President for ‘treason, bribery, or other high crimes and misdemeanors;’ [t]he federal judiciarys power to declare executive actions unconstitutional if they are challenged in court† (Separation of Power, n.d.).The Conflict Surrounding the Separation of PowersJames Madison’s Federalist Paper No. 51 stated that [a]mbition must be made to counteract ambition.  Thus, the concept of separation of powers is not designed to maximize efficiency but rather to maximize freedom.Through the years various conflicts were witnessed by the American People on the issue of separation of powers which stem from the various interpretations of the branches concerned on a given Constitutional provision, couched in general terms, prone to abuse.Executive EncroachmentTwo views on the â€Å"executive powers have been articulated by past presidents.   One view, the strong president view, favored by presidents such as Theodore Roosevelt essentially held that presidents may do anything not specifically prohibited by the Constitution.   The other, weak president view, favored by presidents such as Howard Taft, held that presidents may only exercise powers specifically granted by the Constitution or delegated to the president by Congress under one of its enumerated powers† (Exploring Constitutional Conflicts: The Separation of Powers. n.d).In the case of â€Å"Youngstown Sheet ; Tube Co. v Sawyer (1952) arose when President Harry Truman, responding to labor unrest at the nations steel mills during the Korean War, seized control of the mills.†   In a close de cision, the Supreme Court held that the President’s power is not limited to those powers expressly granted in Article II.  In the case of Dames and More v Regan (1981) â€Å"considered the constitutionality of executive orders issued by President Jimmy Carter directing claims by Americans against Iran to a specially-created tribunal. The Court, using a pragmatic rather than literalist approach, found the executive orders to be a constitutional exercise of the Presidents Article II powers† (Exploring Constitutional Conflicts: The Separation of Powers. n.d).Congressional EncroachmentsIn INS v Chadha (1983), the Court declared the resolution passed by Congress to nullify by resolution a disapproved action by an agency of the executive branch for its failure to comply with the requirements for legislation spelled out in Article I, Section 7 of the Constitution.  In Bowsher v Synar (1986), the Court invalidated a provision of the Balanced Budget Act that authorized the U.S. Comptroller General to impound funds appropriated for domestic or military use after the determination of a deficit by the federal budget   . The Court reasoned that by allowing the US Comptroller General is in [the] essence [of] a legislative veto.   Morrison v Olson the Court considered the constitutionality of the Independent Counsel (or special prosecutor) provisions in the Ethics in Government Act as not â€Å"an attempt by any branch to increase its own powers at the expense of another branch, and that the executive branch maintained meaningful controls over the counsels exercise of his or her authority† (Exploring Constitutional Conflicts: The Separation of Powers. n.d).Executive Privilege and ImmunitiesExecutive privilege, the right of the President to withhold certain information sought by another branch of government, was first claimed by President Jefferson in response to a subpoena from John Marshall in the famous treason trial of Aaron Burr.   The Supr eme Courts first major pronouncement on the issue, however, did not come until 1974 in United States v Richard Nixon, which involved the Watergate Scandal. The Court held that   the Constitution does indeed contain an executive privilege which was presumptive and not absolute.   Balancing the interests in the Nixon case, the Court opined that the privilege do not   extend to the requested Watergate tapes   Finally, in Clinton v Jones (1997), the Court rejected President Clintons argument that the Constitution immunizes   him from suits for money damages for acts committed before assuming the presidency.   The case arose when Paula Jones filed a suit alleging sexual harassment by Clinton in an Arkansas hotel room in 1991 while Clinton served as Governor of Arkansas† (Exploring Constitutional Conflicts: The Separation of Powers. n.d).Congressional Immunity under the Speech and Debate ClauseThe Federal Constitutional Framers â€Å"sought in various ways to guarantee the independence of each of the three branches.   The President was protected against criminal prosecutions while in office, answerable only in an impeachment trial with a super-majority required for a conviction.   Members of the federal judiciary were given lifetime tenure, with a guarantee that their compensation would be maintained.   To ensure free discussion of controversial issues in Congress, the framers immunized members of Congress from liability for statements made during a House debate:   for their ‘speech or debate’ they shall not be questioned in any other place. In 1979, in Hutchinson v Proxmire, the Court considered whether the immunity for Senate and House debate extended beyond the floor to cover press releases and statements released to the media.   The Court concluded that the Speech and Debate Clause protected only official congressional business, not statements for public consumption† (Exploring Constitutional Conflicts: The Separat ion of Powers. n.d).Congressional Encroachment on  Judicial Powersâ€Å"In Ex Parte McCardle (1868) the Court decided it lacked jurisdiction to consider the habeas corpus petition of William McCardle, a Vicksburg, Mississippi newspaper editor arrested by military official for writing incendiary editorials about the federal officers then in control of Mississippi during Reconstruction.   Although McCardle made his petition under the 1867 Habeas Corpus Act, Congress repealed the provision authorizing McCardles petition AFTER the Court had heard arguments in his appeal.   Although it was obvious that Congress repealed the provision in an attempt to specifically deprive McCarldle of the opportunity to gain release from military custody, the Court nonetheless upheld the validity of the Act and found itself without jurisdiction â€Å"(Exploring Constitutional Conflicts: The Separation of Powers. n.d).ConclusionThe concept of the Separation of Power has created a dynamic, vibrant a nd dynamic democracy such as that of the United States. It provides powers for each of the branches and these powers were to be used not in isolation but in collaboration with other branches.This concept maintained our individual freedoms from the tyranny or abuses that could be wrecked by any of the three branches in our government.Indeed, James Madison’s Federalist Paper No. 51 is enlightening when he stated that [a]mbition must be made to counteract ambition.  Thus, the concept of separation of powers is not designed to maximize efficiency; but designed to maximize freedom.

Sunday, March 15, 2020

Biography of Marlo Morgan Essay Example

Biography of Marlo Morgan Essay Example Biography of Marlo Morgan Paper Biography of Marlo Morgan Paper Marlo Morgan was born in the USA . She is a doctor and is very interested in health care. Once she had the possibility to go to Australia and she decided to spend a few years with the aborigines in the outback. Today she lives in Missouri and she has got two children who supported her to write â€Å"Message from forever† â€Å"Mutant Message Down Under† about her experience with the â€Å"Real people†, an aboriginal tripe in the desert. The topic: The message from forever outlines aboriginal philosophy and the principles of good living. Geoff and Beatrice are twins and have no idea who they are because they were taken away from their mother after their birth. It’s difficult for them to follow the white people’s ideas and they both have lots of problems. The plot: Two Australian aboriginal twins are taken from their mother by Christian missionaries. The baby boy is sent to a sheep ranch. There he grows up with little supervision and random affection. He enjoys watching the butterflies and the ants in the garden and he always has to entertain himself because everybody on the ranch is very busy with work. His name is Geoff and he often climbs up a tree to watch the beautiful birds and at early age he begins two paint. At the age of five he is adopted by an American minister and is raised in the USA with little sense of who he is or of his cultural heritage. Geoff knows that he isn’t loved by the minister’s family because he is alone most of the time. Nevertheless, he is the best ball player at school and learning comes easily to him. He always wins the class spelling bee, but no boy in his class admires or likes him because their parents tell them that Geoff was too dark in colour to be a friend. ! His sister (Beatrice) is brought up by nuns in an Australian orphanage where she encounters continual racism for the first years of her life. From an early age Beatrice somehow seems to know her role as peacemaker. When arguments start among the children or someone is left out and feels lonely, it is natural for her to step in to soothe, to try to bring understanding to both sides. She is always aware of other people’s feelings, she can tell from listening to their voices, not necessarily to their words, and by paying attention to their eyes. As they become adults, Beatrice renounces her western lifestyle and joins a small group of aboriginals on a walkabout. After decades of learning about the people of the outback, she becomes a ‘runner between both worlds’ and steps into the political area to fight for the rights of aboriginal people.

Thursday, February 27, 2020

Leopard and human conflict in India Essay Example | Topics and Well Written Essays - 750 words

Leopard and human conflict in India - Essay Example Following the drastic reduction of human activities in the Chilla Range of Rajaji National Park in India, a highly populated tiger species is affecting the existence of leopards (Harihar, Pandav, & Goyal 1366). Therefore, the latter brings up a reason to investigate some of the mechanisms of niche partitioning mainly in the leopard (panther pardus) inhabited areas of India. Based on assumptions of scholars, they opted to research on the possibility of an overlap between the tiger and leopards species. Assumptions directed that optimal habitats would now have tigers as the dominance therefore forcing leopards to move to the periphery of the protected areas (Harihar, Pandav, & Goyal 1365). Leopards’ encroachment in the Indian protected areas inhabited by humans is highly rising and causing drastic effects. Attempts to minimize the effects of human –wildlife conflict in the area have proven futile and it has become necessary to understand the mechanisms by which the conflicts appear (Pradhan, Dar, Rather, Panwar & Pala, 916). The latter is the only way to find a lasting solution for the problem. In addition, in a densely populated state like India, protected areas are minimal. In this case, large carnivores are very many, therefore, humans use landscapes as important habitats required for gene flow to occur between protected areas. Besides, humans in these landscapes possess domestic animals, which appear as easy prey for the leopards that roam around. Consequently, leopards frequent the protected areas in search of prey such as livestock and dogs. Therefore, it is arguably very vital to take care of these protected areas for the good of the human species (Athreya, Linnell, Krishnaswamy & Karanth, 2013). In India, wild cats such as leopards, tigers and lions when captured along human protected areas, do not face lethal measures due to cultural affiliations but translocated to a faraway place (Athreya, Odden Linnell, &

Tuesday, February 11, 2020

Emotional intelligence and its role in leading Essay

Emotional intelligence and its role in leading - Essay Example The researcher states that the study conducted by Mayer and Salovey defined the term emotional intelligence under the category of social intelligence. They stated that Emotional Intelligence (EI) is defined as the process through which an individual is able to understand and manage emotions of others as well as themselves. It is believed that people having high emotional intelligence are aware of their feelings and how emotions can affect others. The authors have pointed out that the definition of emotional intelligence is centred on different aspects such as social intelligence and interpersonal skills. The author has classified different types of intelligence because it is a broad field. The ability of an individual to manage or understand others falls under the social aspects of intelligence. To a certain extent it also includes the ability to understand others. The authors have however excluded other types of intelligence such as mechanical and abstract intelligence to focus on t he main purpose of their research. Mayer and Salovey postulated in their theory that emotional intelligence can be defined as cognitive aptitude which is related to general intelligence but not the same. Their theory proposed a model that identifies four different abilities – emotional facilitation, understanding, perception and management. The first level or the basic level involves an individual’s ability to distinguish emotion. This stage involves skills that are based on successful interpretation of facial expressions.