The Copyrights and Patents is one of Congress’ enumerated powers found in the Constitution of the United States, Article. I. Section. 8., clause 8:

(Clause 8 – Copyrights and Patents)

[The Congress shall have Power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

photo credit: Steve Snodgrass

From the U.S. Senate web site:

Copyright and patent protection of authors and inventors are authorized by this clause, although it uses neither word.

From the USPTO:

Some people confuse patents, copyrights, and trademarks. Although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.

What Is a Patent?

A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office. The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. US patent grants are effective only within the US, US territories, and US possessions.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.

What Is a Trademark or Servicemark?

A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office. The registration procedure for trademarks and general information concerning trademarks is described in a separate pamphlet entitled “Basic Facts about Trademarks“.

What Is a Copyright?

Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.

The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.

What Are Patents, Trademarks, Servicemarks, and Copyrights? – USPTO

photo credit: norwichnuts

Knocking down the barriers of artificial scarcity opens up tremendous new opportunities — just as knocking down the artificial scarcity known as “protectionism” helps to grow markets by creating new opportunities. In this case, those new opportunities have only increased in number as we’ve gone digital, making more content infinite in nature. Where some people have trouble is that those new opportunities may be in different places than the existing opportunities — and those new opportunities may not all be capturable by the creator of the content. Indeed, there will be some externalities created by the free flow of an infinite resource. However, the total amount that any content creator can capture is still much larger than it was before. It’s one of those cases where getting 20% of a huge pie is much better than getting 90% of a tiny pie.

“The Grand Unified Theory On The Economics Of Free,” by Mike Masnick, Techdirt, May 3, 2007

More

• United States Patent and Trademark Office (USPTO)

• United States Copyright Office
• Clause 8. Copyrights and Patents – from Findlaw
• Clause 8. Copyrights and Patents – from Cornell’s Legal Information Institute
• Copyright Clause – from Wikipedia
• United States copyright law – from Wikipedia
• United States patent law – from Wikipedia
• Mark Twain on Copyright
• Categories on Techdirt: Copyright | Intellectual Property | Patents | Trademark
• American Intellectual Property Law Association (AIPLA)
• Association of Patent Law Firms (APLF)

A free download of TheCapitol.Net’s Pocket Constitution is available on Scribd.

Free Copy of TheCapitol.Net’s Pocket Constitution: details on our web site.

Also see TheCapitol.Net’s FREE pocket edition of Thomas Paine’s Common Sense.

The president’s budget, officially known as the Budget of the United States Government, is required by law to be submitted “On or after the first Monday in January but not later than the first Monday in February of each year.” (31 USC 1105). The budget contains estimates for spending as well as borrowing, revenues, debt and legislative and policy recommendations.

It is imperative to understand that the budget submitted to Congress by the President is only a request. Congress is not actually required to consider or adopt the budgetary recommendations made by the President. On its journey, the budget will make its way through three different phases.

photo credit: RambergMediaImages

The first phase is known as the budget resolution, the purpose of which is to establish budget figures for the most significant forms of governmental spending. Those figures will be approved by the House and Senate Budget Committees. The written budget will then provide a base guideline for the subsequent phases of the budget passage process.

Two different types of governmental spending exist. They are discretionary and mandatory. Mandatory spending refers to the money that must be spent in very specific amounts by law. Examples include Medicare and Social Security entitlements. Discretionary spending refers to funds that the government is not obligated by law to spend. For instance, funds spent on defense depends upon Congress and the president as well as the priorities that are established for that particular year. The President’s budget includes both mandatory as well as discretionary spending.

The second phase of passing the budget is the authorization phase. During this phase of the process, specific expenses for programs are authorized. Committees are held in which testimony is heard and research is conducted, the purpose of which is to write. The committee may then amend the bill to provide improved chances of it passing on the chamber floor. The authorization phase only authorizes the funding; the actual money is provided through the appropriations phase. The United States Congress is different from almost every other legislative body in the world in that the American Congress exercises a large degree of control over the budgetary policies of the government.

After each chamber of Congress has passed their own version, members will be appointed to the Conference Committee, the goal of which is to smooth out any differences so that a comprehensive bill can then be presented to the President for approval.

Adapted from Section 9.40 Presidential Budget Process, Congressional Deskbook: The Practical and Comprehensive Guide to Congress, by Michael L. Koempel and Judy Schneider

For detailed information about the legislative and budget process, see TheCapitol.Net’s

• Publications:
  • The Federal Budget Process

  • Congressional Authorizations and Appropriations
  • Congressional Deskbook: The Practical and Comprehensive Guide to Congress, by Michael L. Koempel and Judy Schneider
• Live courses in Washington, DC:
  • Understanding Congressional Budgeting and Appropriations

  • Advanced Federal Budget Process
  • The President’s Budget
  • Congress in a Nutshell: Understanding Congress
  • Congressional Dynamics and the Legislative Process
  • Advanced Legislative Strategies
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Appropriations Process in a Nutshell

  • Authorizations and Appropriations in a Nutshell
  • House Rules Committee: Gatekeeper to the Floor
  • The Budget Execution Process
  • The Budget Resolution in a Nutshell
  • The Federal Budget Process

The Naturalization and Bankruptcies Clause is one of Congress’ enumerated powers found in the Constitution of the United States, Article. I. Section. 8., clause 4:

(Clause 4 – Naturalization and Bankruptcies)

[The Congress shall have Power] To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

From the U.S. Senate web site:

Acts of Congress define the requirements by which immigrants can become citizens. Only the federal government, not the states, can determine who becomes a citizen. Bankruptcy laws make provisions for individuals or corporations that fail to pay their debts.

photo credit: roblisameehan

For basic eligibility to become a naturalized U.S. citizen, you must first a spend at least five years as a legal permanent resident of the United States, during which you did not take any trips abroad for more than six months, and were present in the United States for not less than half of the entire period (two-and-a-half years). Additional factors, such as marriage to a U.S. citizen, may affect eligibility for citizenship. The USCIS provides an online eligibility worksheet to help people determine their eligibility.

Applying for U.S. Citizenship – from ExpertLaw

Bankruptcy laws help people who can no longer pay their creditors get a fresh start – by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect troubled businesses and provide for orderly distributions to business creditors through reorganization or liquidation.

Most cases are filed under the three main chapters of the Bankruptcy Code – Chapter 7, Chapter 11, and Chapter 13. Federal courts have exclusive jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a state court.

Bankruptcy – United States Courts, Administrative Office of the U.S. Courts

photo credit: Wallula Junction

The chapter of the Bankruptcy Code providing for reorganization of municipalities (which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts).

The first municipal bankruptcy legislation was enacted in 1934 during the Great Depression. Pub. L. No. 251, 48 Stat. 798 (1934). Although Congress took care to draft the legislation so as not to interfere with the sovereign powers of the states guaranteed by the Tenth Amendment to the Constitution, the Supreme Court held the 1934 Act unconstitutional as an improper interference with the sovereignty of the states. Ashton v. Cameron County Water Improvement Dist. No. 1, 298 U.S. 513, 532 (1936). Congress enacted a revised Municipal Bankruptcy Act in 1937, Pub. L. No. 302, 50 Stat. 653 (1937), which was upheld by the Supreme Court. United States v. Bekins, 304 U.S. 27, 54 (1938). The law has been amended several times since 1937. In the more than 60 years since Congress established a federal mechanism for the resolution of municipal debts, there have been fewer than 500 municipal bankruptcy petitions filed. Although chapter 9 cases are rare, a filing by a large municipality can–like the 1994 filing by Orange County, California–involve many millions of dollars in municipal debt.

Chapter 9, Municipality Bankruptcy – United States Courts, Administrative Office of the U.S. Courts

More

• Clause 4. Naturalization and Citizenship – from Findlaw

• Clause 4. Naturalization and Citizenship – from Cornell’s Legal Information Institute
• Clause 4. Bankruptcy – from Cornell’s Legal Information Institute
• United States nationality law – from Wikipedia
• Bankruptcy in the United States – from Wikipedia
• United States Bankruptcy Courts – from Wikipedia
• U.S. Bureau of Citizenship and Immigration Services
• Elllis Island
• American Immigration Lawyers Association (AILA)
• American Bankruptcy Institute (ABI)
• Chapter 7, Title 11, United States Code – from Wikipedia
• Chapter 9, Title 11, United States Code – from Wikipedia
• Chapter 12, Title 11, United States Code – from Wikipedia
• Chapter 11, Title 11, United States Code – from Wikipedia
• Chapter 13, Title 11, United States Code – from Wikipedia
• Chapter 15, Title 11, United States Code – from Wikipedia

A free download of TheCapitol.Net’s Pocket Constitution is available on Scribd.

Free Copy of the Pocket Constitution: details on TheCapitol.Net’s web site.

Also see their FREE pocket edition of Thomas Paine’s Common Sense.

Meeting with congressional staff or a member of Congress can be an extremely effective way to convey your message. If you are able to meet with a member of Congress or a congressional staffer, it is important to know what to expect when you visit. This will help you to feel more at ease during the meeting and be more prepared in order to have the best outcome possible.

First, make sure that you plan your visit carefully. Take the time to determine ahead of time which committee staff or Member of Congress you should meet with in order to achieve your goal. In addition, make an appointment. This is done by contacting the Scheduler in the Member’s office, explaining your purpose and who you represent if you are representing a firm or association. This makes it easier for the congressional staff to arrange your meeting when they know ahead of time what it is that you wish to discuss. Remember that it is often not possible to obtain a meeting at the last moment.

Be prompt and patient. Keep in mind that it is not unusual for Representatives and Senators and their staffers to run somewhat late or to have meetings interrupted. You must be flexible.

Bring a one-pager and information to the meeting that will support your position and that you can leave behind. It is best to us personal examples that demonstrate the benefits or impact associated with a particular issue.

You also want to demonstrate an association between your request and the interests of the Member’s constituency. Members of Congress want to represent the best interests of their state or district, and they usually want to be reelected. Try to be clear about how you or the group you represent can be of assistance to them. If it is appropriate to do so, ask for a commitment.

Make sure you are prepared to answer questions and provide any additional information if the Member or staffer should ask questions or express further interest. It is also appropriate to follow up the meeting with a thank you letter that will outline the different points that were covered during your meeting. And don’t forget to send any additional materials and information requested.

If you are visiting Capitol Hill as part of an organization’s National Advocacy Day, encourage your association leaders to provide TheCapitol.Net’s Pocket Guide to Advocacy on Capitol Hill to you and your colleagues.

For detailed information about the advocacy on Capitol Hill, see these resources from TheCapitol.Net:

• Pocket Guide to Advocacy on Capitol Hill, by Bradford Fitch
• Persuading Congress, by Joseph Gibson
• Our live course in Washington, DC, Strategies for Working with Congress
• Capitol Learning Audio Courses:
  • How to Organize a Capitol Hill Day
  • How to Work the Hill Like a Pro
  • Making the Most of a Site Visit with a Member of Congress
  • Strategies and Tactics That Will Help You Impact Congressional Action
  • Visiting Capitol Hill for First-Time Grassroots Advocates: An Introductory Course

“How panhandlers use free credit cards“, by Jim Rankin, thestar.ca, August 28, 2010
“What would happen if, instead of spare change, you handed a person in need the means to shop for whatever they needed? What would they buy? Can you spare your credit card, sir?

In New York City, an advertising executive recently handed over her American Express Platinum Card to a homeless Manhattan man after he had asked her for change. The man, who had been without home after losing a job, used the card to buy $25 worth of deodorant, water and cigarettes. And then he returned the card.”

No visa required: Who has most freedom to travel?, Daily chart, The Economist, August 25, 2010

“I Like Glenn Beck Because He’s Fun to Watch,” by Tim Cavanaugh, Hit & Run, August 27, 2010

“Movie Review: Lebanon – The View From the Lens of an Israeli Tank’s Scope,” by A.O. Scott, The New York Times, August 5, 2010

Mark Twain on Copyright
“Remarks of Samuel Langhorne Clemens Before the Congressional Joint Committee on Patents, December, 1906 (Mark Twain on Copyright)”

Persuading Congress: Candid Advice for Executives
“Persuading Congress, by Joseph Gibson, is a very practical book, packed with wisdom and experience in a deceptively short and simple package.

This book will help you understand Congress. Written from the perspective of one who has helped put a lot of bills on the president’s desk and helped stop a lot more, this book explains in everyday terms why Congress behaves as it does. Then it shows you how you can best deploy whatever resources you have to move Congress in your direction.”

Understanding Congressional Budgeting and Appropriations, September 8, 2010

Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill, September 10, 2010

Capitol Hill Workshop, September 22-24, 2010

Traffic is the most dangerous thing about police work, simply because most police spend a lot of time driving. But working outside the car has its risks, too: The National Law Enforcement Officers Memorial Fund estimates that, on average, one officer is killed every month while conducting a traffic stop or helping a disabled motorist. And it’s not just police. Figures from the National Institute for Occupational Safety and Health show the number of workers struck by cars has been rising over the past decade — in 2005, “struck-by” incidents accounted for nearly 7 percent of all occupational fatalities.

What’s going on? The simplest, Occam’s Razor answer is that stopping or exiting one’s vehicle on a busy highway thronged with fast-moving traffic is an inherently dangerous thing to do. “There’s an enormous amount of exposure,” says Michael Flannagan, a professor at the University of Michigan’s Transportation Research Institute who specializes in human vision issues. “Police making a traffic stop are standing alongside busy highways for long periods of time, and are passed by very large numbers of cars. Weird things happen when you get very large exposure numbers.”

Trooper down: Why drivers hit officers on the side of the road, by Tom Vanderbilt, Boston.com, July 25, 2010

Do drivers steer where they look?

Yes.

Beginning motorcyclists are taught this over and over and over. Because it is true, and because it feels very odd for the new rider. Your motorcycle goes where you look.

It is also true for inexperienced, and drunk, automobile drivers.

We tell children and anyone who will listen, that after the 2-second rule (see DrivingContract.com), the most important thing they must do if they must stop next to a roadway, especially on a highway, is to get out of the car and beyond the guardrail.

Better to drive the car to an exit ramp and pull over as far as possible.

Our children know that in that situation we will not get upset if doing so ruins a wheel or the engine. We can replace a wheel or an engine, but we can’t replace our children.

And we do not call automobile crashes “accidents”. We call them what they are: crashes.

(This reminds of us of why no sane homeowner should get up on their roof unless they are experienced roofers. We know two men in different states who fell off their house roofs and are now paralyzed from the waist down after attempting to repair something on their house roofs, and fell off injuring themselves. To save a few hundred bucks? Not worth it.)

More

The Constitution of the United States: Amendment 4 (Amendments 1-10 are known as the Bill Of Rights) (4th Amendment)
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.