Actually, no, it is not why business "can't" discriminate. The Civil Rights Act, passed in the 1960's, says that we *must* discriminate, to give additional privilege to groups that are decided to be disadvantaged. That act might have been possible due to the Commerce clause, but the clause was not what requires it.
Actually, yes it is. In the Civil Rights Cases, 109 US 3 (1883), the US Supreme court held that the Civil Rights Act of 1875 was unconstitutional because while the 14th amendment prohibited the denial of equal protections by the states, it did not give Congress the power to regulate private acts. In other words, the 14th amendment applies to the states; it does not applies to individuals (and hence businesses).
It wasn't until the Passing of the Civil Rights Act of 1964, where Congress used the Commerce clause as the basis of its legislative powers (hard to believe given the amount of legislation passed every year, Congress has limited powers delegated to it by the Constitutions. Henceforth, and similar to federal courts, jurisdiction is not assumed and must be stated in order for Congress to enact its laws), that private parties were prohibiting from discriminating based on race. So not only the Act would not have been possible if it wasn't for the Commerce clause, but it would not passed judicial review becuase of the Commerce clause as well. See Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964).
The Commerce clause is also the reason why states and private business cannot discriminate because of gender and race. The Commerce clause is also one of the main reason for the economic development of the United States. A study of the history of the Commerce clause is a study of the history of economic development in the United States. Therefore, I would leave the Commerce clause in Constitution 3.0 unless you want to go back to having separate facilities for persons of difference races.
Certainly, Congress has overextended itself in using said clause in its legislation (like regulating guns around schools, which was revoked by the Supreme Court), and the Supreme Court has historically given Congress lots of leeway in this regard.
However, in the past decade, the Supreme court has changed it's stance on the reach of the Commerce clause. No longer can Congress simply said "Commerce clause," it now has to demonstrate a more direct link (mere numbers are insufficient). The Rehnquist-led US Supreme Court was certainly pro-States and I don't believe that will change now that Roberts is the Cheif Justice and with another conversative judge likely to succeed Justice O'Connor. See http://en.wikipedia.org/wiki/United_States_v._Lope z and http://en.wikipedia.org/wiki/United_States_v._Morr ison as evidence of said reversal.
This used to be a huge point of discussion in the past with dubbed VHS and subbed VHS. Most casual anime fans don't care about the subbed, but most hardcore anime fans would riot (seriously) if/any/ anime title was released without it's original japanese language (see Princess Mononoke).
With DVD releases, this debate is moot. There's no good reason/not/ to include both an english and a japanese track with english subtitles (some anime DVD's have up to 4 languages now, see Evangelion). That's why DVD's are a great medium, both the casual and hardcore anime can be pleased, at least on the audio portion. Video quality, extras and hard vs. soft subtitles are another story entirely).
I grew up in Puerto Rico, where all the U.S. movies, for example, are shown in english with spanish subtitles, so I can say that you get used to reading subtitles rather fast.
I'm not by any means a hardcore fan (tho my anime spending habit might say otherwise), so I do watch both subs and dubs, normally to compare. There are series that I watch in English (Tenchi, Cowboy Bebop), stuff I watch in Japanese with subs (Battle Athletes), and stuff I watch both in English and with subs (Sakura Diaries, pick it out and watch both at the same time to understand why). I'm glad I have these options without having to purchase different releases.
Most anime DVD's, ironically enough, default to english, or read the defaults set on the player (Record of Lodoss War is a notable exeption), so I don't see a problem in having additional tracks. The wider the market for anime dvd's is, the more these companies make, with then allows them to bring more anime to the US. It's a good cycle, tho it's vicious on my checking account. =)
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Actually, no, it is not why business "can't" discriminate. The Civil Rights Act, passed in the 1960's, says that we *must* discriminate, to give additional privilege to groups that are decided to be disadvantaged. That act might have been possible due to the Commerce clause, but the clause was not what requires it.
Actually, yes it is. In the Civil Rights Cases, 109 US 3 (1883), the US Supreme court held that the Civil Rights Act of 1875 was unconstitutional because while the 14th amendment prohibited the denial of equal protections by the states, it did not give Congress the power to regulate private acts. In other words, the 14th amendment applies to the states; it does not applies to individuals (and hence businesses).
It wasn't until the Passing of the Civil Rights Act of 1964, where Congress used the Commerce clause as the basis of its legislative powers (hard to believe given the amount of legislation passed every year, Congress has limited powers delegated to it by the Constitutions. Henceforth, and similar to federal courts, jurisdiction is not assumed and must be stated in order for Congress to enact its laws), that private parties were prohibiting from discriminating based on race. So not only the Act would not have been possible if it wasn't for the Commerce clause, but it would not passed judicial review becuase of the Commerce clause as well. See Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964).
The Commerce clause is also the reason why states and private business cannot discriminate because of gender and race. The Commerce clause is also one of the main reason for the economic development of the United States. A study of the history of the Commerce clause is a study of the history of economic development in the United States. Therefore, I would leave the Commerce clause in Constitution 3.0 unless you want to go back to having separate facilities for persons of difference races.
e z and http://en.wikipedia.org/wiki/United_States_v._Morr ison as evidence of said reversal.
Certainly, Congress has overextended itself in using said clause in its legislation (like regulating guns around schools, which was revoked by the Supreme Court), and the Supreme Court has historically given Congress lots of leeway in this regard.
However, in the past decade, the Supreme court has changed it's stance on the reach of the Commerce clause. No longer can Congress simply said "Commerce clause," it now has to demonstrate a more direct link (mere numbers are insufficient). The Rehnquist-led US Supreme Court was certainly pro-States and I don't believe that will change now that Roberts is the Cheif Justice and with another conversative judge likely to succeed Justice O'Connor. See http://en.wikipedia.org/wiki/United_States_v._Lop
This used to be a huge point of discussion in the past with dubbed VHS and subbed VHS. Most casual anime fans don't care about the subbed, but most hardcore anime fans would riot (seriously) if /any/ anime title was released without it's original japanese language (see Princess Mononoke).
/not/ to include both an english and a japanese track with english subtitles (some anime DVD's have up to 4 languages now, see Evangelion). That's why DVD's are a great medium, both the casual and hardcore anime can be pleased, at least on the audio portion. Video quality, extras and hard vs. soft subtitles are another story entirely).
With DVD releases, this debate is moot. There's no good reason
I grew up in Puerto Rico, where all the U.S. movies, for example, are shown in english with spanish subtitles, so I can say that you get used to reading subtitles rather fast.
I'm not by any means a hardcore fan (tho my anime spending habit might say otherwise), so I do watch both subs and dubs, normally to compare. There are series that I watch in English (Tenchi, Cowboy Bebop), stuff I watch in Japanese with subs (Battle Athletes), and stuff I watch both in English and with subs (Sakura Diaries, pick it out and watch both at the same time to understand why). I'm glad I have these options without having to purchase different releases.
Most anime DVD's, ironically enough, default to english, or read the defaults set on the player (Record of Lodoss War is a notable exeption), so I don't see a problem in having additional tracks. The wider the market for anime dvd's is, the more these companies make, with then allows them to bring more anime to the US. It's a good cycle, tho it's vicious on my checking account. =)
In other words... DVD's rock! =)
Angel