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Saturday, 07 November 2009

  • 5th Amendment

    "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, 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." (source)
             
                  Many people have heard about this amendment but have no idea this is the one they are talking about. This amendment is refered to all the time on crime shows. I'm sure the sayings, "You have the right to remain silent, any thing you say or do can be used against you in a court of law," or this one, "Innocent until proven guilty." They all lead back to this amendment.

Saturday, 31 October 2009

  • How Important is his job?

               What exactly is the job of the president? Everyone seems to think that he runs the country, but what power does he actually have?  The official oath of the president is  "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States." What does the constitution say what the president's job is? 
           The job of the president is to, "act as the head of his political party, the chief representative of the government, and the country's popular leader." (source) He also is the chief executive, commander in chief, foreign policy director, and the legislative leader. All of these jobs that are wrapped up in one title, President of the United States, have many different details that go along with the name. The president has the power to veto and bills that congress votes for and he also influences the way the bill or law will go. He works with other nations and the military to keep relationships peaceful and our country strong.

              The Constitution is very precise about what the country needs in a president. There are exact specifications that must be met including these. The president can be impeached if he is not doing his job, or he creates "drama" like Bill Clinton did. The president needs to think about the benefits and the harm thta hs actions will cause. (Sobel)

            Obviously the Constitution says that a president cannot serve longer than 2 terms, or 8 years. However, it is the president's job to uphold the standards of the Constitution.  “The laws and Constitution are designed to survive, and remain in force, in extraordinary times,” Justice Anthony M. Kennedy wrote. “Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law.” (source)

              The job of the president is very important. When it is done right, the president should oversee the Supreme Court, Congress etc,  to make sure they are abiding to the standards set in the Constitution. He should be sure to keep our country strong and establish relationships with other countries. He should have an advisor committee to keep him in track and to make sure that he does not make any sudden moves that will put the United States in trouble or peril. He does not have as much power as everyone thinks he does however.

    Bausum, Ann and Barack Obama. Our Countries Presidents: All you need to know About the Presidents, from... National Geographic Books. 2009.

    Sobel, Sly How the U.S. Government Works. Baron's Educational Series Inc.. 1999. New York.

Saturday, 24 October 2009

  • The 4th Amendment


     "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." (source)
          
             Many people have heard of this amendment, but don't really have any idea what it means. The fourth amendment is in the Bill of Rights and went into a. Simply stated, it protects you against unlawful searches or seizures. Police officers can not search, you, your house, or your car with out a warrant. A warrant is received by asking the judge permission to sign one to search your house.
          
           This amendment helps calm the fear in many people, that the government has the power to just come into your house, unannounced and search through your things. There are certain cases though that a search warrant is not required. Police officers do not need permission to pat you down if they believe that you have something harmful or dangerous to those surrounding you. This is one exception to the amendment. Since September 11, 2001, anyone who is in the least bit suspicious of attacking or hijacking a plane, should be searched for every ones safety. This also does not apply to people who have committed crimes before.
          

          This amendment only applies to and its branches.
    This amendment does not apply to coaches asking for an athlete to take a drug test, or for forensics to swap your mouth or get a sample of your blood. Third parties, separate from the government will make mistakes and search you or your house without a warrant. It was originally meant for the federal government, but several supreme court cases have ruled that it also applies to state governments.
     
          The 4th amendment is really comforting. Unless I am acting in a suspicious manor, the government does not have the right to search my house or me. It is also comforting because if I am in an airport, I would absolutely want the police or security to pat down them.
    Slobogin, Christopher. Privacy at Risk: The New Government Surveillance and the Fourth Amendment. University of Chicago Press. Illinois. 2007.

    Taslitz, Andrew. Reconstructing the Fourth Amendment. New York University Press. New York. 2006.
    http://books.google.com/books?id=v3YF5klxUwgC&printsec=copyright&client=firefox-a&source=gbs_pub_info_s&cad=2#v=onepage&q=&f=false


Saturday, 26 September 2009

  • Locke's 2nd Treatise on Government

             John Locke was a British philosopher who was widely known in the 17th century. One of his most well known documents, the 2nd Treatise on Government influenced our country's founders quite a bit.  His primary argument was that all people are equal and all have rights that should be guaranteed. He thought that a democracy was the best way to go, which gave power or sovereignty to the people. 
           The most impressive document that  John Locke influenced is the Declaration of Independence, there are direct quotes in the document. It is amazing how much Locke's ideas affected our country so much today. John Locke also influenced people on a personal level. Even though they were some of the founding fathers for our nation, you can clearly see his thoughts in documents by; James Madison, and Thomas Jefferson.

            One of his biggest ideas was the idea men should hold the power of the government. He believed that men had the right to dissolve the government if they felt the need to. He felt that the people should have the power and be the majority, not the government. This has had a major effect on government today. His basic concepts formed our democracy.  He felt that men needed the power to defend their liberty and protect their rights.

             A thing that he really stressed is that all people are treated equally.  All people should have the same rights, not just the upper class, but everyone. He specifies that there rights were granted by the government, however they were not under the government. Even though it does not happen as much as it should,  all people are supposed to be treated equally. He also says that we have rights to have property, life, and liberty.

           He truly believed that the government existed for the people's benefit. He wanted the people to hold the power. He believed in rights and equal opportunity for everybody. Locke had a major effect on the founders of our nation. More people should read this book, more government classes should require this book.

           
    Locke, John. The Second Treatise on Government.

             Hackett Publishing. 1980.

    Warburton, Nigel. Philosophy: The Clasics.

           2001.

Saturday, 19 September 2009

  • Right To Bear Arms

    "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."

     

         Many people have heard of the 2nd amendment, but what does it really say? The words of the 2nd amendment are a bit outdated, we no longer have Militias.  “I ask, Who are the militia? They consist now of the whole people, except a few public officers.” (source)(Jonathan Elliot, The Debates of the Several State Conventions on the Adoption of the Federal Constitution, [NY: Burt Franklin,1888] p.425-6) Everyone, has the right to have firearms, not only to protect them selves, but for personal recreation as well. There are so many sports that involve guns that can be quite a bit of fun, including, Skeet, Trap, Sporting Clays for shotguns, and steel matches, western shoots, etc. for rifles and pistols. (Reynolds)

         The argument often arises that guns kill people. However, this is not the case, people kill people. Lucius Annaeus Seneca said that, "A sword never kills anybody; it is a tool in the killer’s hand." People need to go through rigorous courses to learn  firearm safety, and also make sure that when you purchase a firearm, they are not previous criminals or have a stained record. It is also proven that the states that have more people carrying concealed weapons have a lower crime rate. The people carrying concealed weapons should carry a concealed weapons licence. Some schools in Utah are going as far as letting their teachers and faculty cary concealed weapons on campus. They say that it makes for a safer campus for the children and staff members. (Carter)

         Taking away guns would not reduce murders, crime or suicide by that big of a percentage. People would find another way to either kill themselves or others. Also, more people would have illegal firearms, increasing the number of arrests in the United States. I am under the view, that all households should have a firearm in some way to protect themselves. The Bible even calls us to have self protection in Luke 22:36. "He that hath no sword, let him sell his garment and buy one." 

          To this day, the Supreme Court will still rule in favor of the 2nd amendment. A recent case gave Heller the right to bear arms.  The Heller vs. Washington D.C. was a huge case. Heller was a police officer, who filled to register a handgun to keep at his home and the government refused to do this. Heller said that it went against the 2nd amendment and he sued them. He eventually won the case, and made it legal to have a registered handgun in his home.

          I consider it a right and a privaledge to be able to have a firearm in my home.  I feel honored that our country, unlike other countries, like Korea, trust us enough  to have guns. James Madison could not have said it better. "Americans have the right and advantage of being armed – unlike the citizens of other countries whose governments are afraid to trust the people with arms." I surely hope that the government abides to the constitution and continues to let us enjoy our guns. There are severl organizations that agree with the 2nd amendment including the NRA, Gun Owners of America,  and the 2nd Amendment Foundation. They all have valid arguments on their page to help you understand why firearms are so important in American Lives.

     

     

    Carter, Gregg Lee. Guns in American Society. 2002.

     

    Reynolds, Jack. A People Armed and Free: The Truth about The 2nd Amendment. 2003.

     

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