Should College Athletes Get Paid?

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In an article by CNBC found here, the term "student-athlete" is debated. The issue is whether or not student-athletes should be paid for playing. In the year 2012, some $10.6 billion was generated from college sports. So how is it that people can work ad train hard to ear money for their company (college) and not be compensated? The colleges argue that the fact they are a STUDENT-athlete means that being a student comes first, and that they provide scholarships to student-athletes, therefore cannot pay them for playing. However, 86% of student athletes on "full" scholarships who live off-campus live below the federal poverty line. Who is helping who?!

The the part where this year a group of college student-athletes asked to form a union in order to have a voice in the say of their rights as student-athletes. Mark Conrad, a professor of sports law at Fordham University stated, "You'd have to deal with labor laws, and those would be difficult to enforce at the college level." This brings in various federal and state labor laws, which in fact can be daunting to enforce, but something must be done.

But what really is in question is, are college athletes employees of the school? Black's Law Dictionary defines "employee" as "a person in the service of another under any contract of hire, expressed or implied, oral or written, where the employer has the power or right to control ad direct the employee in the material details of how the work is to be performed." So would a player fulfill these requirements to be defined as an employee?

But lets not try to make them employee of the college, but rather an employee of themselves. Would it make more sense for the athletes to consider themselves independent contractors rather than employees? A "independent contractor, according to Black's Law Dictionary is someone who, "in the exercise of an independent employment, contracts to do a piece of work according to his own methods ad is subject to his employer's control only as to the ed product or final result of his work."

Obviously this is a very complicated issue which will be battled for some time. Do you think college athletes are right to fight for monetary compensation?

Black's Law Dictionary can be found here. Enjoy!

Public Service Refusal

I believe that businesses have the right to refuse service to anyone. They have the right since its their business or they are working for them. In defense of the rejected customer, if they think the refusal of service was due to racism or gender, they can take the offense to the people which can create a case depending on the votes. The people can have their own opinions on what is right or wrong but businesses have the right of public service refusal to an individual at any time.

Refusing service to ANYONE! (unless majority votes otherwise)

I believe to match our groups constitution each business has the right to refuse service to anyone. If that upset some people., or they feel as if they are being discriminated against they should speak up to the rest of the country on the issue. As i will remind you we value the majority rules vote. Say for example, people felt they were being discriminated to a point that a law should be passed on it, they should bring it up with the representatives. From there it can be put on a ballot for vote, if majority rules then the law may be passed but as of now under our constitution business owners have freedom of speech to say and choose who they serve.

The Right of Service Denial

Per the Constitution of Giocatori, a business has the right to deny service to anyone they wish. Because there is no law stating that they must provide the service, according to the Tenth Amendment if no power over the situation is given to the government or state, it then goes to the people. In this case it does, therefore the business has the power to make it's own decision on the issue. It is in no way prohibiting the practice of a religion, but in fact allowing the practice of the business' religion.  Of course this is a fine line, but ultimately, if I were to try to go to a business and they would not serve me for any given reason, all the power to them. They will lose the business of many people, so there is ramifications to their decision, no need to compound them. I will go find somewhere else to go, and if there is not another place, then I'll see the opportunity and start the business myself to serve other in my situation.

taxes

TAXES
"Everybody cries when they have to pay taxes."

Taxes are collected from all sales, properties, businesses, people, and income tax. All tax money generated will be stored at the treasury department. The amount of tax money generated and where its spent will be available for the public to see. Disbursement amounts of tax money will be decided by the people for schools, military, roads, etc. New ways that taxes can be collected is also an option for the people to present to their representatives to be sent up to the council for review and possibly enforced into new laws.

Hhere is a little extra isn't part of our assignment just wanted to share it.

Overview[edit]

Pieter Brueghel the Younger, The tax collector, 1640

The legal definition and the economic definition of taxes differ in that economists do not consider many transfers to governments to be taxes. For example, some transfers to the public sector are comparable to prices. Examples include tuition at public universities and fees for utilities provided by local governments. Governments also obtain resources by creating money (e.g., printing bills and minting coins), through voluntary gifts (e.g., contributions to public universities and museums), by imposing penalties (e.g., traffic fines), by borrowing, and by confiscating wealth. From the view of economists, a tax is a non-penal, yet compulsory transfer of resources from the private to the public sector levied on a basis of predetermined criteria and without reference to specific benefit received.

In modern taxation systems, taxes are levied in money; but, in-kind and corvée taxation are characteristic of traditional or pre-capitalist states and their functional equivalents. The method of taxation and the government expenditure of taxes raised is often highly debated in politics and economics. Tax collection is performed by a government agency such as the Canada Revenue Agency, the Internal Revenue Service (IRS) in the United States, or Her Majesty's Revenue and Customs (HMRC) in the United Kingdom. When taxes are not fully paid, civil penalties (such as fines or forfeiture) or criminal penalties (such as incarceration)^[1] may be imposed on the non-paying entity or individual.

Purposes and effects[edit]

Money provided by taxation has been used by states and their functional equivalents throughout history to carry out many functions. Some of these include expenditures on war, the enforcement of law and public order, protection of property, economic infrastructure (roads, legal tender, enforcement of contracts, etc.), public works, social engineering, subsidies, and the operation of government itself. Governments also use taxes to fund welfare and public services. A portion of taxes also go to pay off the state's debt and the interest this debt accumulates. These services can include education systems, health care systems, pensions for the elderly, unemployment benefits, and public transportation. Energy, water and waste management systems are also common public utilities. Colonial and modernizing states have also used cash taxes to draw or force reluctant subsistence producers into cash economies.

Governments use different kinds of taxes and vary the tax rates. This is done to distribute the tax burden among individuals or classes of the population involved in taxable activities, such as business, or to redistribute resources between individuals or classes in the population. Historically, the nobility were supported by taxes on the poor; modern social security systems are intended to support the poor, the disabled, or the retired by taxes on those who are still working. In addition, taxes are applied to fund foreign aid and military ventures, to influence the macroeconomicperformance of the economy (the government's strategy for doing this is called its fiscal policy; see also tax exemption), or to modify patterns of consumption or employment within an economy, by making some classes of transaction more or less attractive.

A nation's tax system is often a reflection of its communal values and/or the values of those in power. To create a system of taxation, a nation must make choices regarding the distribution of the tax burden—who will pay taxes and how much they will pay—and how the taxes collected will be spent. In democratic nations where the public elects those in charge of establishing the tax system, these choices reflect the type of community that the public wishes to create. In countries where the public does not have a significant amount of influence over the system of taxation, that system may be more of a reflection on the values of those in power.

All large businesses incur administrative costs in the process of delivering revenue collected from customers to the suppliers of the goods or services being purchased. Taxation is no different, the resource collected from the public through taxation is always greater than the amount which can be used by the government. The difference is called the compliance cost and includes for example the labour cost and other expenses incurred in complying with tax laws and rules. The collection of a tax in order to spend it on a specified purpose, for example collecting a tax on alcohol to pay directly for alcoholism rehabilitation centres, is called hypothecation. This practice is often disliked by finance ministers, since it reduces their freedom of action. Some economic theorists consider the concept to be intellectually dishonest since, in reality, money is fungible. Furthermore, it often happens that taxes or excises initially levied to fund some specific government programs are then later diverted to the government general fund. In some cases, such taxes are collected in fundamentally inefficient ways, for example highway tolls.

Some economists, especially neo-classical economists, argue that all taxation creates market distortion and results in economic inefficiency. They have therefore sought to identify the kind of tax system that would minimize this distortion.

Since governments also resolve commercial disputes, especially in countries with common law, similar arguments are sometimes used to justify a sales tax or value added tax. Others (e.g., libertarians) argue that most or all forms of taxes are immoral due to their involuntary (and therefore eventually coercive/violent) nature. The most extreme anti-tax view is anarcho-capitalism, in which the provision of all social services should be voluntarily bought by the person(s) using them.

http://en.wikipedia.org/wiki/Tax#Kinds_of_taxes

Constitution

Form of Government:

Democracy- Power of the people. There will be a Council of three people, this being the top of the chain. Below that are the three groups of Representatives. The three branches are Dept. of Legislature  (representing society and all aspects of it), Dept. of Armed Forces ( branch representing armed forces and police), and the Dept. of Commerce ( representing and regulating trade and commerce). 

Limitations imposed on the Government power:

The Government is a Democracy, so all power will reside in the people. 

Passing Laws:

1. People bring up idea to representatives.

2. Representatives put ideas together into a proposition. Then put proposition onto ballet for people to vote on.

3. People vote on propositions.

4. Majority rules (over 50% majority) on passing or failing propositions.

5. If majority rules, the proposition is then sent to the Council for final approval and finalization of the law.

Elections:

Anyone can run to become a Representative of any branch of their choice. They are then voted on by the people to become part of the Representatives. Elections are every 5 years. Each branch of representatives are then voted on by the people to decide who will be the next Councilman for that 

branch.  Minimum requirement to be a Representative is that you are a U.S born or Naturalized Citizen.

Court:

The courting system will also come from the Council and the Representatives. The Council will be like the Supreme Court. The three branches of Representatives will be the local and state courts. The topic of interest being tried will come from the people. The people recognize something as wrong, then it is taken to the branch of  representatives in which the problem falls under (Dept. of Legislature, Armed Forces, or Commerce). If the problem is resolved at the local/state courts then thats is where it ends. If the problem needs to be speculated at a higher level, it goes to the Council, which is the Supreme Court. If a law needs to be amended to resolve an issue, that law then goes back on the ballet for the people to vote on. 

Taxes: will be discussed in another post

Carta dei Diritti (The Bill of Rights)

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The Carta dei Diritti

The Legislazione dei Giocatori
begun and held at the City of Placerville, on
Wednesday the sixth of March, two thousand and fourteen.

The conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Council, will best ensure the beneficent ends of its institution.
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Amendment I
The departments shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech; or the right of the people peaceably to assemble, and to petition the Council for a redress of grievances.

Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of the people, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by the Representatives of the  department wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor.

Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by Representatives shall be preserved, and no fact tried by the Representatives, shall be otherwise re-examined in any Tribunali dei Giocatori (courts), than according to the rules of the common law.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
The powers not delegated to the Council dei Giocatori by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Amendment XI
The right of the people to overturn law previously standing by majority vote.
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