Willie Lowman is the internal auditor for Dead Salesman Printing who is currently in the process of auditing the company’s account receivables. He finds that the company is constantly crediting and debiting accounts receivable. The accounts receivable clerk who is a CPA has been entering debits and credits on the A/R account on a regular basis, and at this stage they don’t know how many credits are valid or to what extent they are valid. Willie has also found that the A/R department is significantly understaffed which means that they do not have the staff and/or resources to verify the extent and validity of customer claims. Willie has found many instances especially in large accounts where the customer alleges a claim for flaws in the books received, and pays less than the original invoice. The short payments from these customer’s is not being credited to the original invoices. The payments in fact are being credited to receivables from prior impaired transactions. The CFO of the company has told the A/R department to effectively treat all invoices as collectible and “to apply payments to carried-over balances. The CFO has stated that the customer’s claims lack basis. The CFO receives a bonus based upon the profitability of the company. Willie has approached the CFO and told him that the application of payments in accounts receivable are misguided and must change. The CFO has stated that “he can’t do that (make any changes)”. In addition the CFO has made a veiled threat to Willie, stating “who…
8. Executive Orders “Presidential rules that have the force of law “Must be constitutional and agree with current law “Implied” Power Example: President Bush used an executive order to set up a wiretapping program to catch terrorists after September 11th, 2001.…
In exercising a veto the president refuses to sign the bill that had been passed by congress ,preventing it from becoming act or federal law .The president has two kinds of veto at his disposal the first being a regular veto this was used 372 times by Franklin .D. Roosevelt , It can be be over turned by a two thirds majority vote on congress , however this process is extremely difficult due to bipartisanship that is require for success only 110 veto s have been overwritten out of 1497 ,the second type of veto at their disposal is the pocket veto which allows them to block legislation after congress had adjourned .…
The omission of the judicial review power in the US constitution in the text has triggered a huge debate from the diverse fronts. It is imperative to comprehend that the United States constitution makers, despite not incorporating the judicial review power in text form in the US constitution; they actually implied the judicial review power in the constitution. This implies that this power is not direct but rather implied and ought to be practiced. The United States` Supremacy Clause contained in the constitution sensitively states that there exists a judicial review form. This clause states that the US constitution as well as the United States laws that will be passed in accordance thereof; together with all the treaties that shall be signed…
Madison says that the only powers that Washington can use are those explicitly stated in the Constitution regardless of whether Article II leaves out the phrase “herein granted”. Madison refutes Hamilton’s argument about what is a law by pointing out that announcing neutrality changes laws about war and domestic policy. He also explains that because a neutrality proclamation has to deal with war and how the country is involved the power falls under the Senate’s power to authorize treaties. If the Senate does not have a say in treaties, the president is far too similar to the British…
The president is more than unconstitutional, he is uncontrollable, too. President Obama is uncontrollable in his actions when illegal decisions are made more than once regarding Obamacare and when a large part of our government system is being questioned due to his disregard for the law. Obama went too far to get what he wanted. Checks and balances aren’t being taken seriously, if he can get away with it, so can everyone else. Obama unconstitutionally delayed the caps on payments without approval from Congress. He is uncontrollable and imperial because he shows with these examples that he thinks he can just go around Congress more than once regarding only one piece of legislation…
Many times, Presidents issue these during their second term because, even though they will still be criticized, they will no longer run as presidency in the future so it won’t quite affect them as incumbents in an upcoming election. As Archives states, “The total executive orders issued by Obama are currently 193.” As we can see, President Obama…
The power of the veto granted to the executive branch is one of the few authoritative powers of the presidency established by the Constitution which allows the president an explicit role in lawmaking.…
"The Constitution does not authorize the President to use signing statements to circumvent any validly enacted Congressional Laws, nor does it authorize him to declare he will disobey such laws (or parts thereof). When a bill is presented to the President, the Constitution (Art. II) allows him only three choices: do nothing, sign the bill, or (if he disapproves of the bill) veto it in its entirety." http://www.infowars.com/president-obamas-ndaa-signing-statement-i-have-the-power-to-detain-americans-but-i-wont/…
This check on the legislative branch check prevents Congress from passing any law they wish to create and effectively limits their abilities while also prolonging the lawmaking process. However, if the president vetoes the bill, the House of Representatives and the Senate can still make the bill a law, providing that two thirds of each House approve of the law. Effectively, the president doesn't have absolute power over the laws that are passed either, which stops him from gaining too much power and control over the legislative process. Clearly, the legislative process is equipped with many checks that ensure one branch does not become too powerful; and as a result of those checks, the process is very long so that laws cannot be passed very…
The President has the power to make the bill into a law or veto the bill. To veto a bill is to reject a bill. If the President vetoes the bill, it goes back down to the houses. If over ⅔ of the houses are in favor of the bill, the bill can still become a law without the president’s…
“The president has the power to issue executive orders,” Stahl said. “I am fine with him using that power.”…
The Constitution clearly gives that power to Congress only. Yet recent presidents have been able to fight wars without Congressional approval. Many people believe that we should go back to the days when the president and congress were more or less equal in power. The President’s veto power is also a powerful weapon. The role of the President is described vaguely in the Constitution, but the executive veto power he possesses is precisely defined in the same document. The President cannot write legislation, he can only sign a bill into law or veto it. When the President veto’s a bill, it is completely done. He doesn’t have line item veto power. Congress gets bills passed if it is preferred by the President. As president, Barack Obama has made a habit of bypassing or ignoring constitutional limitations on his power. A lawsuit has been filed against President Obama over his alleged abuse of executive power. It will focus on how Obama has carried out his health care overhaul. Republicans say the lawsuit is necessary to keep the president in check, after he allegedly exceeded his authority with unilateral changes to the Affordable Care Act. In the U.S., health and social care makes up 8% of the economy so this has made a huge impact on the economy and the lives of Americans. President Obama was heard saying, “That’s the good thing about being president: I can do anything I want.” Although said as a joke, it…
An agreement is the essence of every contract. The parties to a contract are the offeror (who makes an offer) and the offeree (to whom the offer is made). If, through the process of offer and acceptance, an agreement is reached, and the other elements are present (consideration, capacity, legality), a valid contract is formed.…
Should employers use noncompetition agreements or other restrictive covenants? If so, under what circumstances? What should an employer do if someone that the employer wants to hire is a party to a restrictive covenant with a previous employer?…