After the World War II ended, there was a subsequent drop in military spending and many Americans feared that it would bring back the hard times and great depression that they had endured through the war (National Intelligence Council, 2008, 81). Vice versa, the demand for manufactured products fueled an exceptionally strong economic growth after the war ended.
The countries gross domestic product grew from 200,000 dollars to a hefty 500,000 dollars within five years. As a result, the US increased defense mechanisms to a high level and tightened both internal and external security. Indeed, the treasury has pumped more money into the military and internal security organs to safeguard the countrys boarders.
Significance of the economic interchange and dependency
The United States created a system of economic trade interchange and dependency. This system facilitates the free flow of trade and investment across boarders. As a result, there is an integration of the international economy.
The United States had a very good economy at that time, which brought out the fact that great wealth means good security. With the worlds economic financial crisis rapidly unfolding, issues such as foreign aid, protectionism, and scarce resources rank as high as military spending in the United States (National Intelligence Council, 2008, 81).
Effects of dependency on the economic security of USA
Dependence on other countries of the world leads to a chain of deterioration if the economies of other countries suffer. Indeed, this has led policy makers to observe that the economic crisis has replaced terrorism as the primary security concern in the country. This situation is almost similar to a terrorism attack, meaning the security of the United States has been affected greatly by the global economic crisis (Global Strategic Assessment, 2009, 16).
Limitation of funds
The free system of economic interchange and dependency and a limited amount of funds to cover all security systems has caused a wide range of security threats in the country because of free flow of trade. In addition, it has been affected by the free flow of people around the world, which increases terrorism concerns (Steven, 2004, 39). As a developed economy, security issue in the United States as a serious problem. For instance, the department of homeland security was created after the 9/11 bombing in the United States.
Types of security threats
Terrorist attacks
From the 9/11 bombing and other terrorist attacks on the US, terrorists have typically leveraged limited destruction of life and property into massive economic and social costs (National Intelligence Council, 2008, 86). By means of threatening of transport, communication, as well as energy, terrorists have forced the government and the population into costly defensive actions . As a result, customers shied away from the American market, hence stunting growth.
Food insecurity
The economic meltdown has also caused food insecurity among the American citizens. Almost half of all Americans or 45 percent of the United States population earn enough to cover their basic expenses. They live in a state of economic insecurity, and do not earn for living for them to be able to pay for such expenses as food, health care, or housing, etc. Even the minimum wages puts them beyond the federal poverty level estimated at 22,050 dollars (Global Strategic Assessment, 2009, 27).
Conclusion
The global economic crisis has significantly affected the United States security. In this case, security comes in form of food security as well as physical security off its citizens, agencies, and property. This is a contributing factor to the exposure of its security systems to terrorist organizations.
Bibliography
Global Strategic Assessment. Chapter 1, The Global Redistribution of Economic Power. New York: Institute for National Strategic Studies, 2009.
Morgan, Patrick M. International Security: Problems and Solutions. New York: CQ Press, 2008.
National Intelligence Council. 2008. Global Trends 2025: A transformed world . www.dni.gov/nic/NIC_2025_project.html .
Steven, Hook. U.S. Foreign Policy: the paradox of world power. New York: QC Press, 2004.
The individual mandate is a provision contained in the Affordable Care Act legislation signed in March 2010. Generally, the individual mandate provision stipulates that all U.S. citizens and lawful inhabitants should have an eligible healthcare coverage.
The regulation also holds that for those who fail to acquire and maintain an eligible healthcare coverage, they are liable to a penalty of $695 for each member of the family uninsured.
However, the provision has some exemptions including economic or financial constraints, unrecorded immigrants and religious foundations. In addition, these exemptions would include uncovered individuals for a period of less than three months (Farley, 2010, p. 50).
In addition to the penalty on the individuals who do not obtain the coverage, there are also penalties for the employers who do not cover their employees.
The implementation and enforcement of this directive is under the mandate of The Internal Revenue Service (IRS). The individual mandate also gives some exemptions to the people in prison or incapacitated in a particular way (Manchikanti et al, 2010, p. 38).
Following the enactment of the Affordable Care Act, the provision of individual mandate became a controversial aspect of this enactment. The initial proposal of the individual mandate produced heated debates among the politicians, business people, policy makers as well as religious institutions.
These debates saw people change their perception concerning the issue and others standing firm with their decision. For instance, Mitt Romney, who enforced individual mandates in Massachusetts merely two years before the enactment of the proposal did not accept and support nationwide individual mandate (Schares, 2008, p. 17).
The core of the constitutional challenge of the Affordable Care Act rests in the provision of the individual mandate. Consequently, the issue has drawn various critics and oppositions from members of the public, policy makers, business people as well as politicians. In particular, the issue is very complex for the ordinary American citizens to absorb on a personal level (Farley, 2010, p. 50).
Besides the constitutionality of the individual mandate, many scholars, thinkers and the media focused on the ability of the mandate to attain the goal of ensuring coverage for all Americans. Advocates of the mandate asserted that such an individual mandate was essential for attaining universal insurance coverage.
On the other hand, those opposing the development of the individual mandate argued that its enactment would be an insult to individuality and personal freedom. They also argued that this mandate would be very expensive and unnecessary (Hoffman, 2010, p. 9).
This paper will seek to analyze the history and development of individual mandate, paying close attention to the reasons of its development as well as the opposition it received. The paper will also provide an analysis of the constitutionality of the individual mandate. It will also offer a conclusive argument asserting that the individual mandate is constitutional.
History and development of the Individual mandate
The debate on the individual mandate started far off before its enactment. Candidates for the presidential election also used it as a bait to lure votes.
For instance, Secretary of State, Clinton, recommended an individual mandate as the focus of her health reform strategy during her presidential campaign. She asserted that the reason for her support of the individual mandate was the elimination of the free rider aspect in health insurance.
She deemed that this was achievable if the system could include young and healthy people. In addition, her proposal comprised a plan to extend Medicare services to cover people not insured. Moreover, her recommendation depicted a tax subvention for small businesses and families. Her proposal also included a system of checking the businesses who do not offer coverage (Wulsin & Dougherty, 2009, p. 15).
Since the individual mandate gained overwhelming support from some key personalities including Governor Romney and presidential aspirants Clinton and Edwards, this proposal became very popular. In addition, the proposal of the individual mandate gained much support from key policy makers and many policy analysts.
During the proposal development, several states also supported the individual mandate. For instance in Illinois, a task force mandated with developing health reform proposals advocated for the individual mandate.
In addition to this taskforce in Illinois, other supporters from Pennsylvania viewed the individual mandate as a mandatory provision. Moreover, some business associations also supported the provision of the individual mandate claiming shared responsibility (Walter & Alex, 2009, p. 8).
Health reforms in some states were also very significant in the development of the individual mandate in healthcare. One such health reform was that of Massachusetts in 2006, which was the first reform invented for attainment of collective healthcare coverage. One of the major significant features of this reform was the provision of individual mandate (Wulsin & Dougherty, 2009, p. 21).
Despite its overwhelming support by some presidential candidates as well as some states and policy makers, there were still those opposed to its proposal.
Particularly, the mandate lacked support from various democratic policymakers and some labor consumer associations. These groups asserted that the provision of the individual mandate should not extend to the national level. These groups also argued that the imposition of individual mandate would only benefit people with substantial incomes (Walter & Alex, 2009, p. 8).
During his presidential campaigns, Obama did not haul support for the provision of individual mandate in the healthcare reform. As part of his centerpiece for health reforms, he proposed a strategy of parental coverage, which would ensure the coverage for all children.
He also asserted that the freshly instituted public strategy of tax subsidies coupled with the development of a National Health Insurance Exchange (NHIE) would attain universal coverage. He was particularly reluctant to support an individual mandate until all individuals would be in a position to afford coverage (Wulsin & Dougherty, 2009, p. 15).
Despite much pressure and opposition from some groups, it is evident that there were significant benefits that prompted the proposal of the individual mandate.
The rationale of the mandate is that it is the only means through which young and healthy people can obtain coverage thus cross subsidizing the elderly and unhealthy. Devoid of the mandate, the Affordable Care Act would leave the mandate completely inseverable from the rest of the law (Farley, 2010, p. 51).
The individual mandate serves to attain three major goals. These include expanding health insurance coverage, to eradicate favoritism by health condition in the sale and continuance of health insurance and to increase the affordability of insurance coverage. All these goals would be unachievable without the individual mandate.
This is because most individuals would have the tendency of obtaining health coverage only when they deem that they require healthcare services. In addition, the individual mandate would ensure equality in the sense that it would pool even those individual who have substantial low costs in to the coverage.
The ultimate effect of this aspect is that it would reduce the average cost per individual covered and consequently reduce premiums (Buettgens et al, 2010, p. 2).
The other reason that prompted for the development and inclusion of the mandate in ACA is that it helps in enhancing justice, cohesion and eventually, the common good. In addition, the individual mandate is essential in protecting insurance firms against adverse selection. This is the uneven coverage in insurance plans of individuals with higher-than-average health risks (Hamel & Nairn, 2011, p. 89).
Contrary to what many opponents of the mandate would think, the individual mandate does not control or restrict the economic activity of offering health insurance. In addition, the provision of the individual mandate does not control or restrict the economic activity of offering health care by individuals, doctors or other medical institutions.
Rather, the purpose of the individual mandate is to control and eliminate inactivity in the provision of healthcare and coverage. This implies that contrary to popular belief by opponents of the mandate, it does not endeavor to control or restrict any activity; rather it regulates inactivity (Barnett et al, 2009, p. 5).
From its proposal and even after its enactment, the individual mandate continuously faces much opposition from politicians, business owners, employers and some policy makers. The majority of these oppositions claim that the issue of individual mandate does not correlate with the constitutional provision of basic individual rights and freedoms.
Most opponents also claim that the mandate would make people incur extra expenses against their will and wish. Cynics on the right suspect the governments interference to guarantee that every American has health coverage and with augmented control ensure greater government regulation of private medicine and private health insurance (Wulsin & Dougherty, 2009, p. 13).
Opponents of the individual mandate often question the efficiency, fairness and cost implications of the provision. Some opponents deem that the provision of individual mandate as a way to expand healthcare coverage is not implementable. Other opponents also claim that imposition of the individual mandate is unfair to people who feel that they do not require healthcare coverage.
In addition, they claim that individual mandate would force some individuals to buy insurance coverage even if they cannot afford. Some critics also argue that the individual mandate is not necessary in health care reforms since it does not reduce insurance costs (Schares, 2008, p. 17).
However, although opponents claim that the provision will incur serious cost implications, it is evident that it can level a persons expenditure for health care over an extended period.
This is because there is a tendency of Americans to spend large sums of money for medical care that even sometimes they become bankrupt or have financial hardships. The individual mandate would help solve this problem in that a person can receive health care and pay for it in the future (Hoffman, 2010, p. 31).
Opponents of the individual mandate also claim that its implementation would impose approximately 46 million uninsured people in to the fragmented market. This would affect these uninsured individuals in two major ways. Firstly, the individual mandate would transform all these uninsured people into policyholders or insurance customers.
The second impact to these uninsured people is changing them in to financiers of the care of other people. This would occur because the mandate would cause these people to spend more for insurance compared to what they use in healthcare (Hoffman, 2010, p. 19).
There is no concrete foundation of the claim by opponents that the individual mandate will make some uninsured individuals financiers of other people. On the contrary, the individual mandate would help to solve a shared action problem involving numerous states since it tackles a free rider problem that overflows from one state to the other.
The free rider problem occurs when a financially stable individual refuses to obtain coverage and free rides on goodwill. In addition, even in instances when the uninsured individual does not receive required healthcare, he or she benefits from the developed healthcare infrastructure and uses it when there occurs an emergency.
This means that the provision of an individual mandate to acquire health insurance coverage helps to eliminate risk taking in dependence on benevolence (Siegel, 2011, p. 6).
Legal disagreement to the mandate focuses on its constitutionality, that is, whether the Commerce Clause in the U. S. Constitution gives Congress the power to oblige individuals to engage in commercial operations against their willpower. As a result, many opponents of the individual mandate view it as an attack and breach of personal freedom (Hamel & Nairn, 2011, p. 88).
However, opponents of the individual mandate fail to admit that the same constitution advocates for ensuring universal health for all its citizens. This universal health mandate by the federal government is vital for the health of all individuals regardless of their capabilities.
Other critics deem that the system becomes unjust when it becomes mandatory for individuals to purchase healthcare insurance that they cannot afford. Particularly, it would be very unfair to force low-income people to purchase insurance cover.
They also claim that even though the government might offer subsidies to these low-income individuals, the problem remains with the lower-middle income class who are not eligible for subsidies.
Opponents assert that individual mandates would force the lower-middle income individuals to redirect funds from more basic needs (Schares, 2008, p. 28). Conversely, these opponents should realize that health is a basic need of every individual and should take preeminence. When people are not healthy, then they cannot perform other duties.
The Constitutionality of the Individual mandate
From its initial proposal, the overriding debate concerning the legality of the individual mandate is its support from the commerce clause. Opponents of the mandate claim that the commerce clause does not support the individual mandate rendering it unconstitutional (Siegel, 2011, p. 15).
Soon after the enactment of the individual mandate, opposition was very strong that 13 states filed proceedings challenging the constitutionality of the provision. From that time of the initial lawsuits, several other states have followed that direction of challenging the constitutionality of the mandate (Hamel & Nairn, 2011, p. 88).
Even though there are several criticisms concerning the constitutionality of the individual mandate, it remains an integral aspect of healthcare reform in U.S. It is evident that most Americans spend a lot of money in medical care that even leaves them bankrupt. In addition, there are those low and middle-income individuals, who are often susceptible to more severe health problems.
In most cases, these individuals solicit for funds to pay for healthcare, which may sometimes be very stressful and complex. Provision of the individual mandate would ensure that these people get affordable coverage, which would help them in such cases.
The opponents of the individual mandate claim that there is no provision in the constitution that grants power to the congress to compel individuals in performing a commercial act without their consent and choice (Barnett et al, 2009, p. 3). Even though this is true, the constitution also stipulates that it is the role of the federal government to ensure affordable healthcare for all U.S. citizens.
The provision of individual mandate would ensure that all individuals receive health insurance coverage. In addition, the provision would ensure equity, which is a core provision in the constitution, through eliminating the free rider aspect. The provision of the individual mandate is an essential part of the healthcare system that would ensure fulfillment of the rights of every individual to have access to affordable healthcare.
Conclusion
The issue of the individual mandate has been subject to heated debate as it is the most controversial provision in the Affordable Care Act. Proponents of the mandate claim that it is essential to ensure universal coverage and avoid the free rider aspect. On the other hand, opponents of the mandate claim that the provision is not constitutional.
They deem that it does not correlate with the provisions of freedom and rights of individual stipulated in the constitution. In addition, they claim that the commerce clause does not support the mandate. However, it is evident that universal coverage and access to affordable healthcare for every individual should precede the issue of individual freedom. It is therefore possible that the Supreme Court will render the issue of individual mandate constitutional.
Works Cited
Barnett, Randy et al. Why the Personal Mandate to Buy Health Insurance Is Unprecedented and Unconstitutional. 2009. Web.
Farley, Matthew. Virginias Response to the Patient Protection and Affordable Care Act. International Journal of Challenging Supremacy 45 (2010): 37-80. Print.
Hamel, Ron & Nairn, Thomas. The Individual Mandate: A Rancorous Moral Matter. 2011. Web.
Hoffman, Allison. Oil and Water: Mixing Individual Mandates, Fragmented Markets, and Health Reform. American Journal of Law & Medicine 36 (2010): 7-77. Print.
Manchikanti, Laxmaiah et al. Patient Protection and Affordable Care Act: Reforming the Health Care Reform for the New Decade. Journal of Pain Physician 14 (2011): 35-67. Print.
Matthew, Buettgens et al. Why the Individual Mandate Matters: Timely Analysis of Immediate Health Policy Issues. 2010. Web.
Schares, Sarah. Health Care Reform: An Examination of the Case for Individual Mandates. 2008. Web.
Siegel, Neil S. Free Riding on Benevolence: Collective Action Federalism and the Individual Mandate. 2011. Web.
Over the recent times, the relationship between economic endeavors and the law has witnessed an upward mobility. According to Truman, the relationship between laws and economies is preliminarily based on the fact that laws help protect and govern the manner in which economic endeavors take place.
On the other hand, the economy provides the financial backing that is very vital in the process of creating, enacting and implementing laws that protect various individuals or organizations in the society.
As will be explicatively detailed in this paper, laws in countries are majorly divided into common laws and civil laws. Common laws, which are the central focus of this paper, are typical laws not enshrined in the law yet created to protect people beyond the confines of civil law.
There are many examples of common laws. However, in this study, we are going to locus on the law of torts with a legal case (Insurance Corp. of British Columbia v. Ben-Jaafar) being used to typify the intricacies of this law.
Essentially, the law of tort arose in this auto theft ring case where the conversion defendants (those who knowingly or unknowingly processed the stolen vehicles) and even went ahead to try to shield the court from finding the truth about the intricacies of the scheme.
So in as much as the fraudsters who stole the vehicles were mainly to blame (and were duly charged in the court); the honorable justice presiding in the case also extended the payment of damages incurred by Insurance Corporation of British Columbia to these conversion defendants. It is upon this background that the discussions presented herein will be given.
Brief Summary of the Case
According to the Canadian Legal Information Institute, the British Columbias Supreme Court is reported to have commanded fraudsters to repay hefty punitive damages to the Insurance Corporation of British Columbia (ICBC) for claims regarding an auto theft conspiracy by the fraudsters.
In a written statement by Justice Cullen who was presiding over the case, the fraud ringwhich mainly consisted of thieves and forgersstole vehicles the used forged Alberta Vehicle Registration Certificates (AVRC) to certify ownership of the vehicles.
In essence, using original documents of the stolen vehicles would make it easy for the vehicles to be spotted by the ICBC who had already compensated owners of these stolen vehicles. It is for this reason that the fraudsters cartel created new VIN numbers on the forged AVRC.
Once these documents were forged, the vehicles were then sold to new legitimate buyers in BCs lower mainland and the money then shared amongst all the people involved in the scheme (Canadian Legal Information Institute).
Between 2002 and 2003, this cartel managed to steal several vehicles, make fake identification documents for them and sell them to their prospected buyers while making millions of shillings at the expense of innocent people and corporations.
However, the long arm of the law soon caught with the fraudsters resulting into one of the most monumental cases in Canada with the conspiracy and conversion defendants being on one of the court while the plaintiff government being on the other.
After an overstretched battle in the legal corridors and evidence given by various witnesses; the fraudsters were charged for damages to the ICBC.
In awarding the fines, the court considered factors such as the financial means of the defendants, criminal records of the defendant, cooperation of the defendants during the trials and hearings at the court, whether one was involved in a single or multiple crimes, and the nature of crime (was it planned or deliberate), among many other factors (BC Justice).
But even more relevant to our discussion, some of the conversion defendants also found themselves being charged on the basis of the count of negligence with regards to the criminal activities of the car theft scheme. Also, those who, in one way or another, inhibited the court or the plaintiff from finding the truth regarding the fraudulent activities were duly charged by the court.
The section below gives an expansive analysis of this common law (tort), with special focus being on the Insurance Corp. of British Columbia v. Ben-Jaafar case.
Legal Research (Summary of the Law Relating to the Case)
Generally speaking, contract laws refer to the laws that are instituted to govern contracts. A majority of the contact laws are legally incepted and instituted.
However, there are also some contractsespecially in areas like social, economic, political and anthropologywhere the laws used in the contracts are domestic and, therefore, have nothing to do with the well-defined national and international legal statutes.
This is what scholars commonly refer to as common law and civil lawwhere civil law refers to those laws that are legal laws enshrined in the statute of a country or region while the common laws refer to the laws which are typical of any societyand, in most cases, are not legally mandated like the civil laws.
As a noteworthy point, the common laws and civil laws differ from one country and region to another. It is for this reason that contracts signed between people from varying region tend to be complex and highly sophisticated.
However, it is commendable to state that the progress being madeespecially due to globalization and economic progresshas greatly encouraged the formation of contracts by several multifaceted regions and countries.
A tort is a word, with a French origin, which simply means a wrong or civil wrong that is committed against someone else. Its main difference with other types of offences is that whereas other criminal offences are generally viewed as a breach of duty to the country; a tort is a breach of duty owed to someone else.
Examples of torts include slander, health accidents, auto accidents, conspiracies, environmental pollution among many others. In most modern countries, the standard measure of a tort is said to be negligence (Larson).
As for negligence, it generally refers to the failure to act diligently or the omission of responsible behavior when it is your primary duty to do so. Larson states the following three points as the weighing scale for negligence. Firstly, the plaintiff must prove unreasonable behavior of the defendant.
Secondly, the plaintiff must have evidence to show the he/she suffered some loss or damage and thirdly, there should be proof to show that someone failed to act carefully as any normal person would.
These are normally represented in four statutes normally referred to as the elements of negligence which are: duty of care, breach of duty, breach based on a proximate cause and finally, breach causing harm (Find Law).
There are fundamentally two basic forms of defense against negligence. First is comparative negligence which commonly refers to a legal defense that a plaintiffs negligence is also viewed as a contributing factor in a case, and thus reduces the amount of damages the plaintiff recovers.
Second is the contributory negligence where a defendant is partially or fully held responsible for the damages even if the plaintiff might have contributed to the negligent act.
In the analysis of liability today, most countries tend to like the comparative negligence since it seems fairer and representative of the involvement of both parties as stated above.
However, in the discussions of this paper, the issue of comparative negligence will be avoided as it does not necessarily relate to the specific objectives of this paper and in fact did not actually apply in the Insurance Corp. of British Columbia v. Ben-Jaafar case.
As a key note, laws differ from one country to another. Therefore, in the discussions below, central focus is going to be on the nature of tort laws in Canadaespecially those that specifically relate to the case at hand
Economic Analysis
In the bid to do a circumspective economic analysis of the law of torts, with regards to our current case, it is unavoidably necessary for us to begin by tracing the origins of the problemor rather, the factors that duly contributed to the criminal endeavors of the fraudsters.
The 2008 global financial and economic crisis is one of the most devastating experiences ever witnessed in the business world (Bhushan). To most macroeconomics, the signs of this crisis were clearly written all over the world, but for some strange reason, most countries chose to hogwash these signs terming them as baseless and worthless (Truman).
As we now all know, the signswhich were repeatedly documented by many scholars in books, articles and innumerable tabloidswere, actually, true based on the impact that the crisis had, not just in Canada, but to the whole world with many economies plunging down and paving the way for the variant levels of poverty across the globe.
When we talk of the global and economic crisis, we generally refer to the slump of several economies across the globe in the final parts of 2007, the whole of 2008 and the starting parts of 2009 (Bhushan).
However, digging deep into the annals of history, we find that the even as early as the year 2000, an economic meltdown had already started taking place in various countries across the worldCanada being among them.
And since the meltdown was both financial and economic in nature, trade was greatly inhibited which, in turn, led to the downward spiral of economic output and loss of jobs. As a result, most people resorted into criminal activities so as to sustain their livelihood.
A good number of witnesses in the Insurance Corp. of British Columbia v. Ben-Jaafar case used the rather shaky economy of Canada, as of 2002 and 2003 to defend their direct or indirect engagement in fraudulent economic endeavors.
A good example of the above argument is that of buyers who said that unknowingly getting vehicles at a cheaper price from the fraudsters was considered as a huge economic gain for them since other places tended to sell similar vehicles at higher prices.
Another factor that duly contributed to the fraudulent activities was the legal and political landscape of Canada. Notably, since its inception in 1867, the Canadian constitution has undergone tremendous political changes that have transformed it from a power-centralized document to one that there is modicum separation of powers.
Primarily, the constitutional actwhich was reinstated to lawgave formal authority to the Queen of Britain (Queen Victoria) and thus making Canada a sovereign, yet democratic, state. This is the main reason why Canada heavily borrows from the British system of governance (Lympany).
As of today, Canada is considered as a constitutional monarch and an independent federation that utilizes the parliamentary system of governance. In some aspects, the separation of powers in Canada has fuelled economic progress through the presence of democratic laws.
However, on the downside, some people have been affected negatively since the parliamentary systems vests a lot of control on top government officials rather than those at the grassrootswhich makes it relatively easy for criminals to get away with their activities (Saunders).
This, probably, is the reason why the vehicle fraudsters unnoticeably got away with their criminal activities for over a year. It is however important to note that in order to protect the economic ventures of Canada, specifically related to the discussions of this paper; there exists 2 categories of tort laws which apply relevantlyas is exemplified below.
Firstly, Fridman says that there is the tort of civil conspiracy. Here, liability for an actionable conspiracy is covered under the Cement LaFarge where the following key elements are constituted:
Any form of conspiracy is considered as an intentional tort. This majorly applies to parties who have mutually agreed to act in a particular way, for a particular purpose and with a particular intent (Fridman).
An agreement to participate in a conspiracy is punishable by law. However, this agreement must have a plan to participate in unlawful conduct where the conspiracy has elements such as crime, tort, breach of statutes or breach of contracts (Fridman).
There must be prove of damage for one to be considered as having engaged in a tortuous conspiracy with proofs from the plaintiff to ascertain the guilt of the defendants with regards to the damages in question (Fridman).
Secondly, we have the tort of conversion. Fridman says that, in this tort, the following elements are considered hugely vital:
There must be a wrongful act by the defendant involving goods that belong to the plaintiff (Fridman).
The wrongful act must consist of disposing, handling or destroying of the goods in question (Fridman).
The wrongful act by the defendant must verifiably have the intention or effect of interfering with the plaintiffs right to his/her goods.
If the court is able to prove guilt on the basis of these torts, then one is considered liable for the crime and punitive damages are administered based on the negative economic impact of the criminal activities by the defendants on the plaintiffs.
Remarkably, the liabilities and punitive damages given to the defendants in the Corp. of British Columbia v. Ben-Jaafar case were only administered once the court had exhaustively assessed their guilt on the basis of these torts and the aforementioned considerations such as nature of participation or even the defendants criminal records.
Below are the names of the main players in the car theft and sales ring, as well as the charges that were imposed on themas per the reports of the Canadian Underwriter.ca.
Vikram Atwal: Liable for an estimated amount of $113, 365 and damages amounting to $40, 000.
Jaspal Atwal: Liable for an estimated amount of $22, 931 and damages amounting to $5, 000.
Jasraj Bains: Liable for an estimated amount of $96, 510.04 and damages amounting to $40, 000.
Jagjit Gill: Liable for an estimated amount of $68, 730.67 and damages amounting to $50, 000.
In total, the Canadian Underwriter.ca states that the British Columbia Supreme commanded the fraudsters to pay ICBC more than $344, 000 for damages that resulted from the auto theft ring.
Expectedly, these fines greatly helped ICBC to regain on the losses that had been incurred due to the criminal activities of the fraudsters. On the flipside, the corporations and individuals that were involved in the cartel witnessed a down-surge in their revenues based on the charges imposed to them.
Moreover, it is worth noting that the tort laws in Canada have provisions in which clients get to defend their cases.
It is for this reason that Vikram Atwal was found complicit of stealing and converting 7 vehicles while he had claims against 6 vehicles dismissed by the court; Jaspal Atwal was found complicit of stealing and converting 1 vehicle; Jasraj Bains was found complicit of stealing and converting 4 vehicles while he had claims dismissed against him in 1 vehicle; and Jagjit Gill was found complicit of stealing and converting 5 vehicles (Canadian Legal Information Institute).
It can thus be said that the law of tort not only helped in solving the economic problems for related to the case; something which went along way in encouraging economic progress.
Application of Economic Analysis to Case
As has been repeatedly detailed in the discussions above, the symbiotically mutual relationship between laws and economic endeavors is an important one that should be continually sustained rather than limited. For instance, in the Insurance Corp. of British Columbia v. Ben-Jaafar case, the tort laws greatly helped in solving the legal dispute between the plaintiffs and defendants.
On the other hand, it is extremely important that the economy is duly regulated so that the engagement into fraudulent endeavors is reduced while the prevalence of criminal activities is curbed. If such economic precautions had been taken, then the Insurance Corp. of British Columbia v. Ben-Jaafar case might have not even happened.
Conclusion
In conclusion, it is inherently vital to state that the Insurance Corp. of British Columbia v. Ben-Jaafar case not only helped in punishing the guilty parties while giving justice to the innocent individuals and corporations.
To this effect, it can be said that courts provide a good avenue for airing out our legal problems or even getting compensation for harms done to us.
However, if crime is to be uprooted or at least stemmed out, it is far much better that each one of us takes the short route of making a commitment to acting diligently and responsibly to avoid taking the long highway of legal justice.
The compensations given in courts merely act as a way of owning up to the mistakes but do not solve the deep-seated feelings of trauma and pain normally caused by certain crimes (whether committed negligently or knowingly).
Nonetheless, more legal provisions like tort laws should be continually developed and better to help protect our endeavorswhether social, political, cultural, environmental or even economic.
Works Cited
BC Justice. Insurance Corp. of British Columbia v. Ben-Jaafar. 2011. Web.
Bhushan, Aniket. Lessons from the Economic Crisis. 21 June 2011. Web.
Canadian Legal Information Institute. ICBC v. Atwal, 2010 BCSC 338 (CanLII). 2010. Web.
Canadian Underwriter.ca. BCs Supreme Court Orders Hefty Punitive Damages in Auto Fraud Ring Case. 2011. Web.
Larson. Aaron. Negligence and Tort Law. 2003. Web.
Lympany, Dave. The Canadian Political System. 2006. Web.
Herbert George Wells, a prominent English writer, published his The Time Machine in 1895. At that time, the writer was 29 years old, and probably already had his outlook and ideas about the human race existence formed. During his student years, Wells studied biology and economics, and was making a research related to the theory of evolution (Hammond 15).
These spheres of interest determined the issues risen in the young mans science fiction. The ideas expressed in The Time Machine were most likely inspired by Wells several months stay in Uppark, a XVII-century estate with preserved interior and traditions of the century, which created an illusion of a trip back in time (Hammond 6).
In addition, the writers ideas were influenced by works of Swift, Voltaire, Plato, and others. The Time Machine is one of the first science fiction works that appeal to traveling in time, and its socio-economic ideas are still a subject of interest even today.
The first major socio-economic issue discussed in the novella is the distribution of people into social classes. The Eloi and the Morlocks represent bourgeoisie and working class correspondingly in a rather satire and exaggerated way. Indeed, the Eloi do not work, nor are they busy with mental activities; their daily activities, as well as language and way of thinking, are rather primitive.
Moreover, Eloi are helpless without the Morlocks services. At the same time, in spite of the seeming dominance of the Eloi (they live on earth, while the Morlocks live and work underground; the Morlocks serve the Eloi, providing them with clothes), their actual hierarchy gradually switched during the evolution process, as the Morlocks hunt for the Eloi at night and eat them (Wells 36).
This is Wells way of showing that lack of initiative, work and determination can lead a ruling class to becoming helpless and totally depending on working class. At the same time, lack of education, intelligent work and cultural knowledge (daylight) in the working class can lead its representatives to exhausting and cruel existence, not much different from that of animals.
Undoubtedly, this issue is of great importance nowadays, when the policies of most countries do not fight, but even encourage social distribution into classes. In The Time Machine, Wells tries to convey a message that if the existing political system remains unchanged, the confrontation of social classes can gain a global scale, and the elite can become victims of their own system.
Another issue discussed in the novella is the industrialization and its potential outcomes for the humanity. The writer shows that even though the humanity had reached its ultimate development point, the results of industrial development made its life not any easier, but instead empty and meaningless.
While machines remained the central subject of the Morlocks living, the technical progress reduced the Elois need for labor, which led to their loss of ability to analyze, think critically, plan their future and evolve. In other words, if machines do everything for people, the latter adapt to these changes and loose their essential skills, which are becoming needless because of the technological progress.
Taking into consideration the fact that Wells lived in the age of industrialization, the issue of technological progress has a rather narrow character in his novella. Nowadays the discussed problem would include the development of numerous robots and incredible innovative technologies; however, their impact on humanity can still be best illustrated by The Time Machine.
One more problem that Wells presents in his work is the change of social roles and values. The present-time value of family and the major role of any individual as of a family member are neglected. The future generations have no families, no feelings of love or empathy towards each other.
A bright example of total indifference and absence of support is the episode where no one from the Eloi had an intention to help Weena when she was drowning and when she needed someones hand (Wells 32). The Time Travellers help was accepted by Weena with amazement and surprise, as such relationships between people do not exist in the future.
The author has predicted the modern tendencies of changes in values; compared to the XIX century, when the novel was written, the modern concept of family has changed considerably.
Today many people prefer building their career to having a family; young people leave homes and often do not keep in touch with their parents, and the institute of marriage has lost its ultimate significance. Thus, the discussed issue is still topical nowadays, however its concept has changed with the tendencies of individualization.
In conclusion it can be said that in The Time Machine Wells covered the major social and economical problems and perspectives of the period when the novella was written. However, the issues discussed in the work are still a matter of concern for the modern generation. Obviously, Wells call for changes in political system, technical progress and social values failed to reach its receiver.
Works Cited
Hammond, Ray. H.G. Wellss The Time Machine: A Reference Guide, NY: Greenwood Publishing Group, 2004. Print.
Wells, Herbert George. The Time Machine, London: Penguin, 2005. Print.
After the World War II ended, there was a subsequent drop in military spending and many Americans feared that it would bring back the hard times and great depression that they had endured through the war (National Intelligence Council, 2008, 81). Vice versa, the demand for manufactured products fueled an exceptionally strong economic growth after the war ended.
The countries gross domestic product grew from 200,000 dollars to a hefty 500,000 dollars within five years. As a result, the US increased defense mechanisms to a high level and tightened both internal and external security. Indeed, the treasury has pumped more money into the military and internal security organs to safeguard the countrys boarders.
Significance of the economic interchange and dependency
The United States created a system of economic trade interchange and dependency. This system facilitates the free flow of trade and investment across boarders. As a result, there is an integration of the international economy.
The United States had a very good economy at that time, which brought out the fact that great wealth means good security. With the worlds economic financial crisis rapidly unfolding, issues such as foreign aid, protectionism, and scarce resources rank as high as military spending in the United States (National Intelligence Council, 2008, 81).
Effects of dependency on the economic security of USA
Dependence on other countries of the world leads to a chain of deterioration if the economies of other countries suffer. Indeed, this has led policy makers to observe that the economic crisis has replaced terrorism as the primary security concern in the country. This situation is almost similar to a terrorism attack, meaning the security of the United States has been affected greatly by the global economic crisis (Global Strategic Assessment, 2009, 16).
Limitation of funds
The free system of economic interchange and dependency and a limited amount of funds to cover all security systems has caused a wide range of security threats in the country because of free flow of trade. In addition, it has been affected by the free flow of people around the world, which increases terrorism concerns (Steven, 2004, 39). As a developed economy, security issue in the United States as a serious problem. For instance, the department of homeland security was created after the 9/11 bombing in the United States.
Types of security threats
Terrorist attacks
From the 9/11 bombing and other terrorist attacks on the US, terrorists have typically leveraged limited destruction of life and property into massive economic and social costs (National Intelligence Council, 2008, 86). By means of threatening of transport, communication, as well as energy, terrorists have forced the government and the population into costly defensive actions . As a result, customers shied away from the American market, hence stunting growth.
Food insecurity
The economic meltdown has also caused food insecurity among the American citizens. Almost half of all Americans or 45 percent of the United States population earn enough to cover their basic expenses. They live in a state of economic insecurity, and do not earn for living for them to be able to pay for such expenses as food, health care, or housing, etc. Even the minimum wages puts them beyond the federal poverty level estimated at 22,050 dollars (Global Strategic Assessment, 2009, 27).
Conclusion
The global economic crisis has significantly affected the United States security. In this case, security comes in form of food security as well as physical security off its citizens, agencies, and property. This is a contributing factor to the exposure of its security systems to terrorist organizations.
Bibliography
Global Strategic Assessment. Chapter 1, The Global Redistribution of Economic Power. New York: Institute for National Strategic Studies, 2009.
Morgan, Patrick M. International Security: Problems and Solutions. New York: CQ Press, 2008.
National Intelligence Council. 2008. Global Trends 2025: A transformed world . www.dni.gov/nic/NIC_2025_project.html .
Steven, Hook. U.S. Foreign Policy: the paradox of world power. New York: QC Press, 2004.
Couples with infertility often turn towards adoption or the legally ambiguous nature of the black market to acquire a baby to raise. In such cases, they either have to wait during a length adoption process or pay exorbitant fees to a black market broker. However, what if there was an alternative in the form of a baby market? It is the assumption of this paper that a baby market may be a better alternative to the current system that often does not meet demand and contributes to instances of abortion due to the high cost of raising a child.
One of the negative predictions created by the article is the possibility that creating a pricing system for babies could lead to a case of eugenic alteration in the human race. This would be brought about through the economic process of supply and demand wherein baby breeding could become an established practice. Evidence of this possibility can be seen in the initial information provided in the article where demand for Caucasian babies outstrips the current supply so to speak despite the availability of a large amount of African American infants (Landes and Posner 348). Lawmakers can make use of this information by limiting the production of babies only to couples that have been shown to have fertility issues. This helps to potentially remedy the possibility of a particular niche of children being created just for the purpose of fulfilling market demand which could result in a potentially disastrous outcome for the human gene pool.
A positive prediction generated by the article takes the form of the reduction of costs when it comes to acquiring children if legalizing the baby market were to come into effect. The article implies that the current black market costs of buying a child are high due to the illegal nature of the act. The cost of bribes, the potential for blackmail, the medical fees for the mother and other miscellaneous costs drive up the price for babies resulting in exorbitant prices. By legalizing the purchasing of infants, this ensures that the process of supply and demand goes into effect as well as sufficient legal protections for the couple that wants to purchase a child. Lawmakers can make use of this information by enacting laws that specifically prevent the price of baby purchasing from exceeding a certain amount. Not only that, since the process is legalized, lawmakers can also stop instances of blackmail via the implementation of new legislation that enacts protections for the adoptive parents in cases where the mother of the baby is trying to extort money from them. The article states that there is already sufficient precedent for this to be put into effect since adoption agencies do charge fees to their clients in exchange for their services. A more expanded version of this can be put into effect wherein particular children can be purchased through a more streamlined process.
The last prediction made by the article focuses on the social reaction to the creation of the baby market . It implies that there may be significant social resistance from parties who would view the market as being distinctly immoral since it turns children into commodities. Though the article does imply that such a market could be better as compared to the alternative of abortion that is currently in place. It was stated that one of the reasons why women opt for abortion is the financial cost of bringing a child into the world as well as having to care for it. Lawmakers can take this into consideration by applying new laws that help to reduce the risk of children being bought by unfit parents as well as limiting the number of instances that a woman can contribute to the market to limit cases of women getting pregnant simply to sell their baby.
All in all, by having a market available for the child, this would help to reduce the number of cases of abortion.
Works Cited
Landes, Elisabeth M., and Richard A. Posner. The Economics of the Baby Shortage. Legal Studies 323.26 (1978): 347-348. Print.
Apand was a nationwide producer of crisp potato chips and distributed trial potato seeds to Sparnon within the Berri area of South Australia. Sparnon, with his potato farmers neighbours (Perre and other Plaintiffs), boasted of a profitable business of trading potatoes to Western Australia. This was because the price of potatoes in Western Australia was superior to the price in South Australia.
The seeds supplied to Sparnon had been infected with bacterial wilt, therefore, making his potatoes to be infected. As a result, laws in Western Australia banned the importation of infected potatoes as well as the importation of potatoes from farms within a 20-kilometre radius adjoining an infected ranch. Sparnon, alongside other potato growers, were therefore forbidden from selling potatoes to Western Australia for five years (Doyles, 2007).
Perre, with the other potato growers, litigated Apand for the economic loss they had borne owing to the loss of the right of entry to the Western Australian market. Actually, Apand had knowledge of the Western Australian law barring the importation of infected potatoes and the circumstances therein (Doyles, 2007).
Legal Issues
The legal question was if Apand owed a duty of care to Perre along with other potato farmers to evade damage-causing monetary loss to the farmers, despite the fact that there was no related physical damage to property or an individual.
Findings of the case
According to the high court decision, it was established that it was true that Apand owed a duty of care to Perre as well as other potato farmers. The Judges had inconsistent rationale in deciding how a duty of care was enforced on Apand. Nevertheless, everyone settled that Apand ought to have anticipated that bringing infected seeds to a potato cultivator in South Australia would influence the capacity of neighbouring potato farmers to vend potatoes. This would therefore lead to cases of economic loss due to the reduction in sales (Doyles 2007).
Case 2: Caltex Oil (Australia) Pty Ltd v The Dredge Willemstad
Facts of the case
In this case, the defendant (The Dredge) owned a barge, which was being operated in Botany Bay. Because of its negligent steering, it cut off an oil pipeline. The pipelined in question belonged to AOR Company and served to provide oil for a refinery belonging to Caltex Oil Ltd, which is the plaintiff in this case. It should, however, be noted that the pipeline did not belong to Caltex (Gillies 2004). Owing to the severing of the pipeline, Caltex suffered additional costs in transporting the petroleum products to the refinery using other means. This case was concerned with the imposition of the economic loss upon the claimant by a negligent physical act even though the plaintiff did not suffer any damage to hit property (Gillies 2004).
Legal issues
The issue of concern was whether negligent acts and unlike negligent statements could limit the persons or a class of persons to whom a duty of care is due with regard to economic loss (Gillies 2004).
Findings of the case
The reasoning of the judges was varied. Some argued that the negligence for economic loss is recoverable when the defendant had knowledge that the plaintiff specifically may end up suffering economic losses. Another judge argued that recovery could be determined by the adequate closeness between the tortious act and the damage. The last one argued that economic losses emanate from a physical result on the individual or property of the plaintiff. It is not recoverable due to the mere fact that it is an economic loss. All the same, the judges ruled in favour of Caltex Oil Ltd. Despite the fact that the judgments exhibited a degree of variance in expression, the High Court of Australia, later on, indicated that no variations of principles amid affiliates of that court were intentional in so doing (Gillies 2004).
A Comparison of the two cases
The first difference between the two cases is that the case of Caltex involves a physical act of negligence to the plaintiff while the other case of Perre & Ors v Apand Pty Ltd did not involve any physical activity leading to economic losses. In Caltex Oil Pty Ltd v The Dredge, a physical act of negligence brought about economic losses, while in the case of Apand the financial loss was not caused by any physical damage but rather because of negligence on the defendant who acted contrary to particular provisions.
The second difference is that in the case of Perre & Ors v Apand Pty Ltd it was foreseeable on the part of the plaintiff that an economic loss would arise. Apand was very much aware of the laws of Western Australia and could foresee the damage. On the contrary, in the case of Caltex Oil Pty Ltd v The Dredge, the defender did not foresee any economic loss, especially to the third party, in this case, Caltex Oil Ltd.
The third difference in these two cases is that of the impact of the third party. In Caltex Oil Pty Ltd v The Dredge, the pipeline did not belong to Caltex, but The Dredge was answerable to Caltex for negligence. As a result, any economic losses arising in that act of negligence are recoverable. That is, there is the claim of negligence for the economic losses incurred only. It is also clear that duty of care may be claimed where one threatens the economic interest of others. This is the situation in the case of Perre & Ors v Apand Pty Ltd. Interestingly. One is liable for duty of care not only for physical damage but also for pure economic losses. These can be termed as modern developments in the law of torts.
Deterrence can be described as an act of dissuading people from taking part in criminal activity. This is achieved by attaching a respective punishment to a specific criminal behavior. The overall objective of deterrence is not only to punish an individual for their criminal behaviors but also to sway the general public against engaging in criminal behaviors. Deterrence is supposed to encourage people to think twice before they break any law. Therefore, deterrence is meant to ensure that punishments are so harsh that members of the public will fear committing a crime that will lead them to the same punishment. There are several types of deterrence, the key among them being specific deterrence and general deterrence.
Specific Deterrence
Specific deterrence is intended for a specific individual who has been charged with a particular crime. It operates under the pretext that a severe punishment meted out on an offender for his criminal behavior will dissuade him from committing the same crime in the future. For example, in the case of armed robbery, if the offender is sentenced to spend twenty years in jail, he will least likely to engage in armed robbery again after he leaves prison. However, past experiences have indicated that this is not a guarantee especially for first-time offenders (Miceli, 2019). Courts have instead established that the most effective form of specific deterrent is to deliver harsher punishments to individuals convicted of serious crimes for the third time onwards.
General Deterrence
General deterrence is meant for the general public and is intended to discourage them from engaging in the same criminal behavior that an individual has been charged with. Its objective is to teach the members of the public a lesson. The concept is that by punishing an offender harshly, people will be dissuaded from engaging in a similar criminal act. The death penalty is the best example in this category. For instance, if a murder suspect is sentenced to death for the same crime, the general public will be discouraged from committing the same crime as the death row convict.
Is the Concept of Deterrence Working?
Most criminals are more concerned with being caught during or after their commission of a crime than the punishment attached to the crime. Therefore, the chance of getting caught act as a more effective deterrent as compared to harsh punishments. Additionally, sending a criminal to go and send several years behind bars does not deter future crime. It has been established that most prisons indoctrinate and harden inmates with more effective strategies for committing a crime. Indeed, the more time they spend in prison, the more they get used to life in prison (Osborne, 2020). Hence, it does not deter convicts from committing crimes in the future for fear of getting back there.
Moreover, the idea of increasing the punishment severity to deter future crime does not work. This is because most criminals are not even aware of the laws and policies in place to address particular crimes. Instead, prisons maybe centers for exacerbating recidivism among prisoners. Additionally, no proof supports the notion that capital punishment as a form of general deterrence indeed deters crime. No study has been done to prove that death sentence increased or decreases homicide rates in the nation. Therefore, it cannot be concluded without an iota of doubt that the concepts of specific and general deterrence work. Instead of specific and general deterrence ideas, the most effective way to deter crime is to increase the perception of the public that they will be caught and subjected to punishment for their crimes.
References
Miceli, T. J. (2019). The paradox of punishment: Reflections on the economics of criminal justice. Cham: Palgrave Macmillan.
Osborne, P. H. (2020). The law of torts. Toronto, ON: Irwin Law.
Civil rights are the rights of citizens of a country that include basic freedoms guaranteed by the state. One of the first attempts to establish civil Rights on a state level can be traced to Rome. There, inequality persisted as the society was divided into free people and slaves, yet both of the groups had established rights. A series of documents in the 17th and 18th century continuously included fundamental rights to freedom of speech, the ban on slavery, voting rights, equal opportunities, and other rights. These documents and amendments to them gradually expand basic freedoms, pursuing the establishment of equality on a state level.
Although basic civil rights were already established in documents, the quest for equality and justice persisted as not in every country people could exercise those rights. In the 20th century, horrors of the Second World War brought the world to collaborate in this sphere, so several international documents on civil rights emerged in 1948, 1953, and 1966. The public campaigns in the United States and visionary ideas of Martin Luther King brought attention to the black minorities, whose rights were still left unattended. As a result of campaigns and universal attention to it, Civil Rights Act of 1968 was elaborated. It partly addressed the matters of the black population and other minorities, yet the fight for equality continues as factually, there are still incidents of rights violation.
Nonracial Discrimination
Nonracial discrimination regarding civil rights is most commonly associated with employment. The Civil Rights Act of 1964 officially made sexual discrimination illegal. In 1986, the Supreme Court ruled that sexual harassment constitutes discrimination as well in many cases. The EEOC issued binding guidelines on the issue. Meanwhile, legislative attempts to end disability discrimination had been ongoing for more than a century until the Vocational Rehabilitation Act. It explicitly defined disability and established the concept of reasonable accommodation, which was further developed by the American with Disabilities Act (Shafritz, Russell, Borick, & Hyde, 2017).
History of Economic Rights
Before the 19th century, not much attention was paid to defending rights as the productive powers, and the numbers of the workforce were rather slim. Workforce rarely enjoyed sanitary conditions, fair payment, adequate working day, etc. The controversy that was instigated by Beards book on elite and their manipulation of the U.S. economy has brought attention to the economic rights and freedoms in the country. Later, Roosevelt proposed an idea of much spoken about Economic Bill of Rights. It was implemented in 1944 and documented right to work, fair income, housing, health care, education, and other freedoms. Labour unions took over the defence of these rights at the lowest level of authority.
After the Second World War, the efforts of developed countries to establish governmental protection for the rights of labourers and common people continued on a global level. 1945 and 1946 UN Charter and declaration of human rights once again stated the basic rights of people in the economic domain. A broader international document in 1976 once again stated them and proclaimed the need for constant monitoring of the state and realization of these rights. Many states such as Illinois also documented the rights in their governing documents. Overall, presently, there are local, state-wide, national, and international documents that proclaim the rights and those rights can be defended at court if a need arises.
American Welfare System
The welfare system is the multifaceted state mechanism that transfers financial and material aid to those who need it. In the 20th century, social security act established governmental financial support for people of age, mothers with children, and physically handicapped. With time and development of the U.S. as a state with increasing value for social benefits, the amounts of financial help grew, and the target groups broadened. AFDC and the other documents included more and more groups including the elaborated funding pathways and establishing rules for attaining support. Civil rights movement of the 60s contributed to the diversification of the help and raised an issue of black people exclusion from aid programs.
Presently in the U.S., the trend for enlarging support programs for those who require assistance either material or financial is maintained. The broad and complex system of health insurances for eligible groups of the needy population has been established and developed in the U.S. for a long time. Due to that initiative, many people who were uninsured and cannot afford health care services were now able to receive it. SNAP is another mechanism of the welfare system that works towards reducing the needy population. The measures do not address the primary causes of poverty and mainly deal with its consequences (Dorfman, 2016).
Alexander Hamilton is considered as a great man in the history of the United States. This is because his economic polices have influenced the development of the federal government in America for two centuries. Though initially the economic polies that he proposed were not favored by many people, they largely helped in the reconstruction of the economy of the United States. Hamilton was a federalist and his ideas were highly rejected by the republicans. But after the 1812 war, the republicans implemented the economic policies that Hamilton had earlier advocated for (Eugene Wait, 1999). There are various reasons that made the republicans to adopt these economic policies. This paper will therefore discuss why the republicans adopted the neo-Hamilton economic policies.
Discussion
Hamilton economic policies aimed at improving the economy of the United Sates and while at the same time promote the lives of Americans. Some of his economic polies included:
Payment of foreign, domestic and states debts
Taxation
Creation of a bank of the United States.
After the war of 1812 there were various reasons that made the republicans to adopt Hamiltons policies. Some of these reasons include:
The downfall of the Federalist Party
The Federalist Party was against the war with Britain; this created a very sharp disunity between the republicans and the Federalists. As a result the majority of the public saw the federalist as traitors. This lack of support for the party resulted in the downfall of the party. With the downfall of the Federalist Party, the country was now a one party rule (Eugene Wait, 1999). When Jefferson, a republican took office, he was forced to adopt most of the federalist economic policies. Jefferson realized that a loose interpretation of the constitution, as was proposed by the federalist, was at times necessary for the smooth running of a federal government. This realization came when Napoleon offered to sell the Louisiana Territory to the United States. This pushed Jefferson and his party to adopt Hamiltons economic policies including the support of a bank of the United Sates and the payment of national debts (Eugene Wait, 1999).
The Era of good Feeling
This era was a direct result of the downfall of the Federalist Party. During this period there were a lot of good feelings around the country, such as the need for unity, economic growth, compromise and internal improvement. This era was right after the war and the attainment of independence and this somewhat destroyed the partisan strife between the Federalist and the republicans (Eugene Wait, 1999). Thus the Americans were ready to unity and develop their country. This era of good feelings saw the adoption of Hamiltons economic policies, as the republicans saw the need to unite and develop their country.
Economic Growth
After the 1812 war, the republicans realized that without international peace free trade was impossible (Eugene wait, 1999). This encouraged them to adopt Hamiltons economic policies, which promoted taxation and the protection of infant industries in the United States. The tariffs that were introduced helped to raise money for the government.
Conclusion
Hamiltons Economic policies may have some how led to the downfall of his Federalist Party but the adoption of his economic policies by the republicans helped to strengthen the federal government. This is by ensuring that the federal government worked creatively, effectively and positively to help tap the economic energies of the United States. Hamiltons economic policies further encouraged capitalism in America.
References
Eugene, Wait. (1999). America and the war of 1812: The Era of the war of 1812. New York: Nova Publishers.