Marbury V Madison Case and Its Implications

Marbury V Madison Case and Its Implications The Head of State John Adams, who was a Federalist, lost his bid to Thomas Jefferson, a Republican, after re-elected in 1800. However, Adams and the Federalists still had power for a few months before Jefferson took office. During these months, Adam influenced Congress to pass the Judiciary Act of 1801. The Act enabled Adams to appoint some new federal judges in hope that the Judiciary would be filled with people opposed to the Republican policies and Adams appointed 39 judges. The acting Secretary of State John Marshall had to deliver the official documents for their appointments. John Marshall would later on become the Chief Justice of the Supreme Court and the originator of the Judicial review. However, he failed to deliver the documents to three judges before Adam’s term ended, and in particular, the appointment of William Marbury (Infoplease, 2005). Unfortunately, Jefferson learned of Adam’s schemes and the failure to deliver the remaining documents after assuming office. Jefferson then instructed James Madison, his secretary of state, to decline the appointments. William Marbury went before the Supreme Court to issue an order compelling Madison to authorize his appointment. According to the Judiciary Act of 1789, the Supreme Court had jurisdiction to issue such orders. The major issues underlining this case was whether or not Marbury had the right to the commission and whether the Supreme Court had the authority to review the constitutionality of Acts of Congress. Additionally, the case brought light to the question of whether the Congress could broaden the scope of the Supreme Court’s mandate above those specified in the Constitution (This day in history, 2009). The Court unanimously agreed that Marbury had a right to his appointment and that the Judicial Act was unconstitutional. According to Justice Marshall, the Congress had no mandate to give the Supreme Court powers to issue an order granting Marbury his appointment. Justice Marshall argued that if Acts of Congress conflict with the Constitution, the Acts are not binding in a court of law. Also, the judiciary’s responsibility was to uphold the constitution. However, the constitution did not indicate the Supreme Court having such jurisdiction. Consequently, the Court could not compel Madison and Thomas Jefferson to appoint Marbury (Infoplease, 2005). The Court ruling in Marbury v Madison paved the way for a key precedent, the Judicial Review. Justice Marshall interpreted the Constitution to imply the Supreme Court had powers for judicial reviews. The Supreme Court had the powers to review acts of Congress and the President. Also, the Court could overrule a law they thought was unconstitutional. If laws were in conflict with each other, the Court had the mandate to decide their individual operations. The Constitution indicates that the Supreme Court had original jurisdiction in cases relating to ambassadors and public ministers. However, the Court had appellate jurisdiction in all other cases (This day in history, 2009). Consequently, President Jefferson and the Republicans eliminated the newly appointed judges by revoking the Judiciary Act in 1802. Additionally, the Congress Impeached Justice Samuel Chase, a Supreme Court judge, but later on acquitted him (Infoplease, 2005). References Infoplease (2005). Marbury v. Madison case. Retrieved from  http://www.infoplease.com/us/supreme-court/cases/ar20.html. Migration Information Source. (2013) Immigration in the United States: New Economic, Social, Political Landscapes with Legislative Reform on the Horizon. Retrieved from  http://www.migrationpolicy.org/article/immigration-united-states-new-economic-social-political-landscapes-legislative-reform Burt, L. Batalova, J. ( 2014).Refugees and Asylees in the United States.Retrieved from  http://www.migrationpolicy.org/article/refugees-and-asylees-united-states This Day in History. (2009). Marbury V. Madison Establishes Judicial Review. Retrieved from  http://www.history.com/this-day-in-history/marbury-v-madison-establishes- judicial-review

Nordstrom Case Analysis Essay

Former Nordstrom employees accuse them of using unfair labor and discriminatory practices to intimidate employees and force them to perform tasks like stocking and picking up merchandise during non-working hours . Nordstrom employees receive little formal training when hired or promoted to new positions, but they are expected to perform their duties consistent with the â€Å"Nordstrom Way† which is customer service above and beyond the call of duty. Training is informally provided through on-the-job communication, which increases the opportunity for miscommunication. This communication can be deliberate due to peer competition and pressures to succeed from managers, or lack of knowledge by co-workers and managers from whom they are encouraged to seek training. Management skills are not required to manage employees, nor is training provided to employees who achieve management positions. There is no real evaluation system in place to measure employee performance. There is no goal setting process that requires â€Å"manager – employee pair sets benchmarks for measuring progress, particularly when the employee is new in the role† (Harvard Business School Press, 2007). Goals help to define what managers expect from their employees. The only employee metric used that is measurable is Sales per Hours (SPH) even-though there are other performance criteria such as customer service and teamwork which are part of the employee evaluation process. Employees who do not achieve the minimum required SPH are categorized as under-performers. If SPH is consistently below the minimum standard set by the department manager, this can lead to termination or isolation as employees feel uncomfortable and inadequate. Upon being hired by Nordstrom employees are told that â€Å"the three Nordstrom performance criteria: customer service, productivity and teamwork† (Buller, Paul F. and Schuler, Randall S. , 2003) are needed to be promoted. However employees are not advised as to how the criteria will be evaluated. The only evaluation employees receive is from their manager, there is no secondary layer of management to review the employee performance evaluation to ensure fairness. Nordstrom does not have a formal company-wide evaluation form, therefore there is no consistency in the evaluation process. The evaluation technique is different for each manager, making it difficult to compare employee performance across the different functional areas in the company. Employees performing tasks not directly related to merchandise sale, are not compensated for hours worked. Observational learning was used to encourage employees to work non-selling hours off the clock â€Å"If one employee is donating a lot of time it forces others to do the same† (Buller, Paul F. and Schuler, Randall S. , 2003). Employees are forced to adhere to the informal organizational culture or they are not considered team players. Nordstrom should establish formal and consistent Standard Operating Procedures, to which their employees can resort to for guidance. Managers should be required to attend training programs. This would enable managers to provide their employees with formal training base on the company’s policies and procedures. Formal training along with on-the-job training would help to alleviate some of the obstacles faced by current or new employees who are promoted to new positions within the organization. Employees should be provided with handbooks and/or training materials that specifically outlines how performance criteria will be measured and evaluated. Managers and employees need to establish goals and ways to achieving them. They should meet on an on-going basis to discuss employee progress for each performance criteria. Nordstrom has used their decentralized management approach to build a very successful and profitable retail empire. They encourage entrepreneurial opportunities among their employees. New employees are given business cards and encouraged to build relationships with their customers, by creating personal â€Å"thank you† letters, and keeping records of merchandise they sell. They are also encouraged to develop a solid customer base. Nordstrom allow employees to be involved in the decision making process, by not restricting them with lots of rules, for instance â€Å"Nordstrom replaced its 20-page rule book with a one-page sheet and few words of wisdom: â€Å"Use your best judgment in all situations† (Buller, Paul F. nd Schuler, Randall S. , 2003). This allows employees to do whatever it takes to ensure their customers are satisfied. Self-motivation courses are offered to both employees and managers with emphasis on setting daily accomplishments. Employees are allowed to set their own personal goals and the pace at which they achieve those goals. For example one employee stated â€Å"the first year I consciously set quarterly goals to achieve the Pacesetter requirement†¦Ã¢â‚¬ ¦and closely monitored my progress† (Buller, Paul F. and Schuler, Randall S. 2003). Employees are given the flexibility to essentially manage themselves and track their own progress with one objective: keep sales per hour high relative to hours worked. Employees are duly compensated for their hard work and dedication â€Å"Nordstrom employees earn some of the highest salaries in the retail business† (Buller, Paul F. and Schuler, Randall S. , 2003). They also encourage hard work by promoting from within which motivates employees to work hard as a promotion could lead to a higher salary and other incentives. Nordstrom uses positive reinforcements by providing various incentives to employees to encourage them to achieve high SPH, for example free dinners, cash rewards and store discounts. Employees who achieve the highest sales are recognized by having their picture displayed in the store and also having their names broadcast over the store’s loudspeaker system. Employees can track how they are performing in relation to their peers on a regular basis, as SPH figures are displayed for all to see via charts and electronic printouts. The problem arose because Nordstrom did not have any formal company policies which are necessary in order to establish required behavior from individual employees. Employee expectations were not explicitly communicated and expectations were established by managers without employee involvement. Managers did not take the time to â€Å"find out what employees think of the proposed expectations† (Harvard Business School Press, 2007). Their only focus was ensuring that Sales per Hour (SPH) remained high, employee development was not important to managers. Nordstrom’s hiring policy requires employees to be innate â€Å"Nordies. † Nordies are â€Å"nice, motivated, hardworking†¦.. self-empowered people who have an entrepreneurial spirit† (Buller, Paul F. and Schuler, Randall S. , 2003). Employees and managers never collaborate to set individual goals, instead goals were set by departmental managers or store managers, but employees are still expected to achieve goals. Outstanding performance was expected from all employees even-though goals were not individually tailored. Employees who â€Å"regularly had trouble meeting sales quotas or coping with pressure to improve performance were dismissed† (Buller, Paul F. and Schuler, Randall S. , 2003). Steep negative consequences were suffered by employees that did not perform up to par with their peers. Setting individual employee goals and ways to achieve them will yield the most desired result in the long term. By providing formal training to employees, and explicitly stating what is expected from the employee, will result in more productivity from employees in the long run and reduce the company’s turn-over rate. This will also reduce the cost for hiring new employees, as replacing employees cost one and a half times the current employee salary to hire a new employee, therefore saving Nordstrom money in the long term. On-going review of employee progress will help to level the playing field and relieve some of the pressures and intimidation some employees feel working at Nordstrom. Formal training of employees is both costly and time consuming. The time spent training employees lowers SPH as this time would be considered non-selling hours. Employees who are successful under the current system might resist changes. Employees might not have the educational capacity to learn new techniques. Employee training is the best option, and will yield the most desired long term results. Develop and roll out a company-wide Standard Operating Procedure handbook using input from outside sources in order to achieve desired results. Develop a company-wide evaluation form enabling standardization of the way employees are evaluated by managers. Roll out on-the-job training for all employees, ensuring that all employees understand how to perform their job functions. Provide employees with written job descriptions. Establish consistent company-wide goals. Goals can then be tailored for each department. Collaborate with each employee to establish how the goals will be achieved and the milestone dates for achieving those goals. Establish a specific time frame for reviewing employee goals. Offer employee feedback on an on-going basis.

15 Black Architects Who Made America Great

Karl Popper s Philosophy Of Science - 1663 Words

When one gets asked, â€Å"what is science?† The answer may seem straightforward: biology, physics, chemistry, etc. However, asking the same question to a philosopher, the answer is completely different. In other words, Philosophers are not asking for a mere list of sciences but, are seeking to answer one specific question: What is it that makes something a science. In further detail, the Philosophy of science is a branch of philosophy concerned with the foundations, methods, and implications of science. Therefore, the three main questions are: what qualify as science, how reliable are scientific theories, and what is the ultimate purpose of science. This discipline overlaps with metaphysics, ontology, and epistemology, for example, when it explores the relationship between science and truth. In addition to these general questions about science as a whole, philosophers of science consider problems that apply to particular sciences (such as biology or physics). In this essay, I will be introducing and discussing Karl popper’s philosophy of science and its criticisms. To begin, Karl popper’s philosophical view of science is often referred to falsificationism, something to be proven false. This is shown through this example: If Socrates is a god, then Socrates is immortal. Socrates is not immortal. Therefore, Socrates is not a god. In other words, Popper’s philosophy of science is that scientific knowledge progresses by a series of conjectures and refutations; theseShow MoreRelatedScientific Method and Sir Karl Popper1407 Words   |  6 PagesSir Karl Popper, challenging the status quo, inspiring generations to ponder on the meaning of science, the methods to find truth, is one of the most influential philosophers of the 20th century. Of particular importance to scientific methods of inquiry is the brawl between the development of theory and the criteria for science. In Popper’s own words, it is in this brawl that Popper decide d to â€Å"grapple with the problem: When should a theory be ranked as scientific? or Is there a criterion for theRead MoreEssay on Karl Popper and Falsifiability1354 Words   |  6 PagesKarl Popper and Falsifiability Karl Poppers claim that the criterion of the scientific status of a theory is its falsifiability is a clearly viable statement. This is a natural extension of his idea about how scientific knowledge is increased (Edwards, 1967). In an attempt to define science from pseudo-science, Popper states that the growth of scientific knowledge begins with an imaginative proposal of hypotheses (Edwards, 1967). Then, the scientist must search for illustrations or situationsRead MoreThe Logic Of Scientific Discovery2172 Words   |  9 Pagesat the University of London, Karl Popper translated his own original version of The Logic of Scientific Discovery, which was originally called Logik der Forschung, to English (Stuermann). One statement that he makes, even before the actual text begins, is how hard answering questions and ideas in philosophy are is compared to other fields, such as the physical sciences. Compared to a physicist, for example, that is trying to prove a point by solving an equati on,, Popper believes that â€Å"a philosopherRead MoreAlfred Jules Ayers Language, Truth and Logic, the Major Thesis on Logical Positivism of its Time982 Words   |  4 PagesReilly). Back in the 1950’s and 1960’s, it was very uncommon to get a divorce. Families stayed together regardless of what hardships they had going on. Now with televisions in every home and so much attention given to Hollywood actors, divorce has become highly practiced and accepted. In the future I believe humans will return to the practice of having fewer divorces. According to the Verification Principle, Logical Positivists believe a large part of philosophy can not be judged as eitherRead MoreThe Theory Of Science From Non Science1778 Words   |  8 PagesOne of the famous, influential philosophers in the 20th century, Karl Popper, includes striking ideas of his scientific view. His aim was to understand science. Popper called the problem of distinguishing science from non-science the â€Å"problem of demarcation† (Smith, 58). Popper proposed a solution to the problem, and it was the â€Å"Falsificationism†. He described endorsing a view of scientific validity based on a conception of â€Å"falsifiability.† Falsifiability is an ability to prove that hypothesis orRead MoreScience, Non Science And Pseudo Science1889 Words   |  8 PagesWhat is Science? When it comes to the word ‘science’ most of the people have some kind of knowledge about science or when they think of it there is some kind of image relate d to it, a theory, scientific words or scientific research (Beyond Conservation, n.d.). Many different sorts of ideas float into an individual’s mind. Every individual has a different perception about science and how he/she perceives it. It illustrates that each person can identify science in some form. It indicates that theRead MoreAristotle s Theory Of Science And Philosophers Essay2075 Words   |  9 PagesExplain and analyse Popper’s falsificationism Science and philosophers such as Karl Popper work together to uncover scientific truths about the world, and are thus necessary for the advancement of our scientific knowledge. While scientists design and undertake experiments with the aim of obtaining results to verify or disprove a hypothesis, it is philosophy that often determines which factors determine the validity of these found results (Shuttleworth, 2008). The validity is measured through theRead MoreOntology, Epistemology And Methodology1832 Words   |  8 PagesOntology, Epistemology and methodology form the key component of qualitative research. Ontology is defined as the branch of metaphysics (philosophy concerning the overall nature of what things are) that deals with identifying, in the most general terms, the kinds of things that actually exist. Epistemology on the other hand is the branch that deals with the nature of knowledge itself, its possibility, scope, and general basis. Let us look into both in detail. The word ontology basically refersRead MoreKarl Popper And The Scientific Method1372 Words   |  6 PagesKarl Popper is commonly regarded as one of the greatest philosophers of science in the 20th Century. He is well known for his rejection of the inductivist viewpoint of the scientific method, in which one uses observation to propose a law to generalize an observed pattern, and later confirm that law through more observation. Popper states that â€Å"induction cannot be logically justified† (Popper 14). Inductivism relies on the process of inductive reasoning which is a logical process in which multipleRead MoreScience Can Not Be Defined1531 Words   |  7 Pages Science Cannot be Defined Calvin Berndt Philosophy of Science Spring 2015 05/03/2015 â€Æ' There are a multitude of conflicting theories that aim to conclude the definition of science, and all of them have underlying issues that make them inadequate in giving a definitive definition. According to Dictionary.com the current prevailing definition of science is â€Å"the systematic study of the structure and behavior of the physical and natural world through observation and experiment (Dictionary, n.d