Integrity Legal

Posts Tagged ‘unconstitutional’

20th August 2011

It recently came to this blogger’s attention that the chairman of the Malaysian Securities Commission was recently noted for comments regarding the future economic prospects of the ASEAN Community. In order to provide further information regarding these developments it is necessary to quote directly from the official website of The Philippine Star, PhilStar.com

KUALA LUMPUR (Xinhua) – As global stock markets tumbled over the week in response to the US credit woes and the Europe debt crisis, Malaysia’s Securities Commission chairman, Zarinah Anwar holds a positive view that markets in Southeast Asia is strong enough to fend off the crisis…”Domestic demand is still strong and ASEAN (Association of Southeast Asian Nation) has to continue to look at its neighbours to pick up selective demands that may arise as a result of the economic woes in our traditional export markets,” she aded. ASEAN’s effort towards an integrated regional economy, with 2015 as a deadline, also contributed to ASEAN’s sound environment…Countries like Malaysia, Singapore, Thailand and the Philippines are in the process of developing a cross-trading arrangement linking their trading system, giving investors direct access to other markets. Currently, Bursa Malaysia, Singapore Stock Exchange, Vietnam’s Hanoi Stock Exchange and Hochiminh Stock Exchange, the Indonesia Stock Exchange, the Philippines Stock Exchange Inc have already linked up on a website labelled as “ASEAN exchanges” which provides investors with access to check the top stocks in the region…[sic]

The administration of this web log encourages readers to click upon the relevant hyperlinks noted above to read this fascinating article in detail.

There has been a great deal of discussion surrounding the future of the economies in the jurisdictions comprising the Association of Southeast Asian Nations (ASEAN: Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam). In fact, there has even been discussion about a possibly unified ASEAN visa similar to that utilized by some of the members of Schengen area in Europe. As of yet, such discussion has yet to yield tangible results, but there are those who hope that further discourse on the topic may result in a unified visa of some kind coming into being. Hopefully, ASEAN continues along the path of economic growth to the benefit of all concerned.

In news pertaining to the continuing struggle for LGBT Equality it recently came to this blogger’s attention that the American government appears to have noted the un-Constitutionality of certain provisions of the so-called “Defense of Marriage Act” (DOMA) in the US Courts. In order to provide further insight it is necessary to quote directly from the website of Metro Weekly, MetroWeekly.com:

Back on July 1, the Department of Justice took a big step in defining what its Feb. 23 decisionthat the federal definition of marriage found in Section 3 of the Defense of Marriage Act is unconstitutional would look like. In Karen Golinski’s case seeking equal health benefits for her wife, DOJ argued that the case should not be tossed out of court and should be allowed to proceed. On Aug. 19, DOJ went a step further, telling a judge in the Southern District of New York that Edith Windsor — who is seeking a refund of the more than $350,000 estate tax bill that she had to pay because her marriage to her deceased wife, Thea Spyer, was not recognized by the federal government — should be granted that refund because DOMA’s federal definition of marriage is unconstitutional…This is the first time the government stated affirmatively in court that a lawsuit requiring that Section 3 of DOMA be struck down as unconstitutional should succeed…[sic]

This blogger asks readers to click upon the hyperlinks above to learn more about these developments in detail.

For those unfamiliar with the current immigration implications of DOMA it should be noted that said legislation precludes accordance of US visa benefits such as the K-1 visa, the CR-1 visa, or the IR-1 visa to same sex couples even where the couple has entered into a same sex marriage in a American State jurisdiction which legalizes such unions. Currently, proposed legislation such as Representative Jerrold Nadler‘s Uniting American Families Act and the Respect for Marriage Act would rectify this current discrimination to one degree or another, but the ultimate fate of these bills remains to be seen.

For information related to legal services in Southeast Asia please see: Legal.

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13th August 2011

It recently came to this blogger’s attention that an 11th Circuit Court of Appeals decision apparently found certain sections of the law enacting American health care reform to be unconstitutional. In order to provide further details this blogger is compelled  to quote directly from an article written by JENNIFER HABERKORN and posted to the website of Politico, Politico.com:

The 11th Circuit Court of Appeals on Friday ruled that the health care reform law’s requirement that nearly all Americans buy insurance is unconstitutional, a striking blow to the legislation that increases the odds the Supreme Court will choose to review the law…The 2-1 ruling marks the first time a judge appointed by a Democrat has voted to strike down the mandate. Judge Frank Hull, who was nominated by former President Bill Clinton, joined Chief Judge Joel Dubina, who was appointed by George H.W. Bush, to strike down the mandate…

The administration of this blog asks interested readers to click upon the relevant hyperlinks noted above to read this interesting and insightful article in its entirety.

Where governmental officials impose restrictions upon individual rights there may be an argument that said activity violates the United States Constitution. Meanwhile, it remains to be seen whether this case will be appealed to the United States Supreme Court and, if it is appealed; whether the Supreme Court will grant Certiorari. Even if the Supreme Court opts to review the matter it is difficult to speculate as to their decision since Supreme Court decisions should never be considered foregone conclusions. Hopefully the ultimate decision in the matter benefits all concerned while remaining in compliance the the law and principles of the United States Constitution.

In news pertaining to the Association of Southeast Asian Nations (ASEAN), it recently came to this blogger’s attention that the Deputy Secretary-General of ASEAN for ASEAN Economic Community was noted for comments regarding ASEAN’s perspective on economic issues in the United States and Europe. To provide further elucidation on these developments it is necessary to quote directly from the website MYSinchew.com:

MANADO, Indonesia, Aug 12 (Bernama) — The Association of Southeast Asia Nations (Asean) learns a lot from debt crisis in Europe and the United States, looking ways to avoid such disaster, a high-ranking official at the Asean Secretariat told Xinhua news agency in an exclusive interview on the side lines of Asean Ministers Meeting in North Sulawesi provincial capital city of Manado. Deputy Secretary-General of Asean for Asean Economic Community Sundram Pushpanathan said that in term of the current situation in Europe, Asean has agreed to stay vigilant. “After experiencing two crises in the region (in the past), ASEAN recognizes the importance of coordination of policies and keeping each other informed, so that the region stays stable in the situation. And of course, I think that from the EU, we have learned a lot of lesson,” he said…[sic]

This blogger asks readers to click upon the hyperlinks noted above to read this article in detail.

Many of the jurisdictions which comprise ASEAN (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) have shown strong growth in economic terms. Meanwhile, further integration facilitated by trade is likely to lead to further economic advantages for the ASEAN region in the coming months and years. Discussion regarding a unified ASEAN visa could result in tangible benefits to business travelers and those wishing to streamline regional business operations.

For information about legal services in Southeast Asia please see: Legal.

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