PAD 525� Constitutional and Admin Law Week 2, Assignment 1

Name: PAD 525� Constitutional and Admin Law Week 2, Assignment 1
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Author: Evelyn Morris

This document discusses constitutional and administrative law principles as part of a Week 2 assignment.

Evelyn Morris

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Week 2, Assignment 1
Learning by Doing
PAD 525– Constitutional and Admin Law
Dr. Angela J. Smith
Yulonda Gravette Jackson
October 21, 2013
1. Your state’s statute that defines what is considered to be a public record that must be
made available to the public upon request.
Governments, schools, police departments--any entity that spends taxpayer dollars--must make
most of its documents available under the provisions of state and federal public record laws. This
also means that certain information about you, including political party affiliation, property
ownership and criminal history, is also available to the public under the same laws.
Virginia public records, for example, are the public records for the state of Virginia. Virginia
public records are designed to help you keep track of what the government is doing and what the
government collects. However, in order to do this the government needs to release everything
they can - anything and everything that isn't considered a breach of privacy.
In many cases, that means releasing data on individuals. Things like:
• Marriage Licenses
• Addresses
• Criminal Histories

These are all examples of personal information that isn't considered to be a breach of privacy,
and so Virginia public records include all of this information, even though the data is about
people, not the government. It's the role of the government - and the law across the country - that
each state is as open as possible about everything it does. It is for that reason that all states -
including Virginia public records - need to release information on its people, because that data is
contained in government documents as well.
2. The pre-World War I opinion by the U.S. Supreme Court holding, on re-argument, that
a federal income tax was unconstitutional.
The entry of the United States into World War I greatly increased the need for revenue and
Congress responded by passing the 1916 Revenue Act. The 1916 Act raised the lowest tax rate
from 1 percent to 2 percent and raised the top rate to 15 percent on taxpayers with incomes in
excess of $1.5 million. The 1916 Act also imposed taxes on estates and excess business profits.
Driven by the war and largely funded by the new income tax, by 1917 the Federal budget was
almost equal to the total budget for all the years between 1791 and 1916. Needing still more tax
revenue, the War Revenue Act of 1917 lowered exemptions and greatly increased tax rates. In
1916, a taxpayer needed $1.5 million in taxable income to face a 15 percent rate. By 1917 a
taxpayer with only $40,000 faced a 16 percent rate and the individual with $1.5 million faced a
tax rate of 67 percent.

Another revenue act was passed in 1918, which hiked tax rates once again, this time raising the
bottom rate to 6 percent and the top rate to 77 percent. These changes increased revenue from
$761 million in 1916 to $3.6 billion in 1918, which represented about 25 percent of Gross
Domestic Product (GDP). Even in 1918, however, only 5 percent of the population paid income
taxes and yet the income tax funded one-third of the cost of the war.
The economy boomed during the 1920s and increasing revenues from the income tax followed.
This allowed Congress to cut taxes five times, ultimately returning the bottom tax rate to 1
percent and the top rate down to 25 percent and reducing the Federal tax burden as a share of
GDP to 13 percent. As tax rates and tax collections declined, the economy was strengthened
further.
In October of 1929 the stock market crash marked the beginning of the Great Depression. As the
economy shrank, government receipts also fell. In 1932, the Federal government collected only
$1.9 billion, compared to $6.6 billion in 1920. In the face of rising budget deficits which reached
$2.7 billion in 1931, Congress followed the prevailing economic wisdom at the time and passed
the Tax Act of 1932 which dramatically increased tax rates once again. This was followed by
another tax increase in 1936 that further improved the government's finances while further
weakening the economy. By 1936 the lowest tax rate had reached 4 percent and the top rate was
up to 79 percent. In 1939, Congress systematically codified the tax laws so that all subsequent
tax legislation until 1954 amended this basic code. The combination of a shrunken economy and
the repeated tax increases raised the Federal government's tax burden to 6.8 percent of GDP by
1940.

3. The federal statute authorizing the U.S. Secretary of Transportation to make payments
to states for the value of materials stockpiled near federal highway construction projects in
conformity with the project specifications.
(a) In General.—The Secretary, from time to time as the work progresses, may make payments
to a State for costs of construction incurred by the State on a project. Such payments may also be
made for the value of the materials—
(1) that have been stockpiled in the vicinity of the construction in conformity to plans and
specifications for the projects; and
(2) that are not in the vicinity of the construction if the Secretary determines that because of
required fabrication at an off-site location the material cannot be stockpiled in such vicinity.
(b) Project Agreement.—No payment shall be made under this chapter except for a
project covered by a project agreement. After completion of the project in accordance
with the project agreement, a State shall be entitled to payment out of the appropriate
sums apportioned or allocated to the State of the unpaid balance of the Federal share
payable for such project.
(c) Such payments shall be made to such official or officials or depository as may be
designated by the State transportation department and authorized under the laws of
the State to receive public funds of the State.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 899; Pub. L. 88–157, §7(b), Oct. 24, 1963, 77 Stat. 278;
Pub. L. 93–87, title I, §117, Aug. 13, 1973, 87 Stat. 259; Pub. L. 94–280, title I, §118(a), May 5,
1976, 90 Stat. 437; Pub. L. 100–17, title I, §133(b)(6), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102–
240, title I, §1018(b), Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105–178, title I, §§1212(a)(2)(A)(i),
1302, June 9, 1998, 112 Stat. 193, 226.)
Amendments
1998—Subsec. (a). Pub. L. 105–178, §1302(1), added subsec. (a) and struck out former subsec.
(a) which read as follows: “The Secretary may, in his discretion, from time to time as the work
progresses, make payments to a State for costs of construction incurred by it on a project. These
payments shall at no time exceed the Federal share of the costs of construction incurred to the
date of the voucher covering such payment plus the Federal share of the value of the materials
which have been stockpiled in the vicinity of such construction in conformity to plans and
specifications for the project. Such payments may also be made in the case of any such materials
not in the vicinity of such construction if the Secretary determines that because of required
fabrication at an off-site location the materials cannot be stockpiled in such vicinity.”
Subsec. (b). Pub. L. 105–178, §1302(1), added subsec. (b) and struck out former subsec. (b)
which read as follows: “After completion of a project in accordance with the plans and
specifications, and approval of the final voucher by the Secretary, a State shall be entitled to
payment out of the appropriate sums apportioned to it of the unpaid balance of the Federal share
payable on account of such project.”

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Subsec. (c). Pub. L. 105–178, §1302(2), (3), redesignated subsec. (e) as (c) and struck out former
subsec. (c) which read as follows: “No payment shall be made under this chapter, except for a
project located on a Federal-aid system and covered by a project agreement. No final payment
shall be made to a State for its costs of construction of a project until the completion of the
construction has been approved by the Secretary following inspections pursuant to section 114(a)
of this title.”
Subsec. (d). Pub. L. 105–178, §1302(2), struck out subsec. (d) which read as follows: “In making
payments pursuant to this section, the Secretary shall be bound by the limitations with respect to
the permissible amounts of such payments continued in sections 106(c), 120, and 130 of this
title.”
Subsec. (e). Pub. L. 105–178, §1302(3), redesignated subsec. (e) as (c).
Pub. L. 105–178, §1212(a)(2)(A)(i), substituted “State transportation department” for “State
highway department”.
1991—Subsec. (d). Pub. L. 102–240 substituted “106(c), 120,” for “120” and struck out at end
“Payments for construction engineering on any project financed with Federal-aid highway funds
shall not exceed 15 percent of the Federal share of the cost of construction of such project after
excluding from the cost of construction the costs of rights-of-way, preliminary engineering, and
construction engineering.”
1987—Subsec. (d). Pub. L. 100–17 substituted “15 percent” for “10 per centum” and struck out
at end “However, this limitation shall be 15 per centum in any State with respect to which the
Secretary finds such higher limitation to be necessary.”

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1976—Subsec. (d). Pub. L. 94–280 substituted “Federal-aid highway funds” for “Federal-aid
primary, secondary, or urban funds” and struck out 10 per centum limitation provision for any
project financed with interstate funds.
1973—Subsec. (a). Pub. L. 93–87 authorized payments to be made for materials not in the
construction vicinity where the Secretary determines that because of required fabrication at an
off-site location the materials cannot be stockpiled in such vicinity.
1963—Subsec. (d). Pub. L. 88–157 substituted “any project financed with Federal-aid primary,
secondary, or urban funds” for “any one project” and provided for limitation, on payments for
construction engineering on projects financed with Federal-aid primary, secondary, or urban
funds, of 15 percent of Federal share of cost of construction of the project where found by the
Secretary to be necessary and for 10–percent limitation on projects financed with interstate
funds.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to
be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not
applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100
of Pub. L. 102–240, set out as a note under section 104 of this title.
Submission of Recommendations to Congress for Reimbursement of States for Certain
Highways Pub. L. 85–845, Aug. 28, 1958, 72 Stat. 1083, required Secretary of Commerce,
within ten days after first day of first session of Eighty-sixth Congress, to submit to Congress
recommendations for legislation for purpose of assisting Congress to determine whether or not to

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reimburse each State of any portion of a toll or free highway (1) which was on National System
of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and
Defense Highways], (2) which met standards required by Federal-Aid Highway Act of 1956 for
such System of Interstate and Defense Highways, and (3) construction of which had been
completed since Aug. 2, 1947, or which had been in actual use or under construction by contract,
for completion, awarded not later than June 30, 1957.
4. The federal joint regulation of the U.S. Fish & Wildlife Service, Department of the
Interior, National Oceanic and Atmospheric Administration, and Department of
Commerce, identifying the factors for listing, delisting, or reclassifying endangered species.
Laws & Policies | Regulations and Policies | Interagency Policy for the Ecosystem Approach to
the Endangered Species Act
[From The Federal Register for Friday, July 1, 1994 (Vol. 59), p. 34274]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Notice of Interagency Cooperative Policy for
the Ecosystem Approach to the Endangered Species Act
AGENCIES: Fish and Wildlife Service, Interior, and National Marine Fisheries Service,
National Oceanic and Atmospheric Administration (NOAA), Commerce.

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Political Science

PAD 525� Constitutional and Admin Law Week 2, Assignment 1

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