Dymytri Doricent – discussion board 14

1.The connection between “whiteness” and racism lies in the historical and social systems that have privileged white individuals while marginalizing people of color. Whiteness has been associated with power, privilege, and superiority, leading to systemic racism that disadvantages non white individuals. This has resulted in inequalities in areas such as education, employment, and criminal justice, perpetuating racial disparities in society.

2. Ruth Gilmore argues that the criminal justice and prison system contribute to the creation of new “criminals” through various mechanisms such as harsh sentencing policies, biased policing practices, and limited access to resources for rehabilitation and reintegration. By disproportionately targeting marginalized communities, especially people of color, the system perpetuates cycles of incarceration and criminalization. l agree with Gilmore’s view as research has shown that structural inequalities within the criminal justice system contribute to the over representation of certain groups in the prison population.

3. Prof. Gilmore refers to the collective efforts and movements aimed at dismantling oppressive systems and structures to achieve social, political, ana economic justice. This involves challenging power dynamics, advocating for equality and human rights, and working towards a more inclusive and equitable society. Liberation struggle encompasses various forms of activism, such as grassroots organizing, advocacy campaigns, and protests, all geared towards challenging and transforming oppressive systems for the betterment of all individuals.

Discussion board 13

1.According to MLK, the difference between just and unjust laws can be based on whether they align with moral or ethical principles. Just laws are those that are in harmony with moral law and sense to do right , while unjust laws are those that violate moral or ethical standards. MLK believed that individuals have a moral responsibility to disobey unjust laws in order to bring about social change and justice.

2.The distinction between just and unjust laws is indeed crucial as it shapes the foundation of a fair and equitable society. Understanding this difference influences the way individuals live their lives by guiding their actions towards upholding justice and equality. It can have a profound impact on politics as well, as laws that are perceived as unjust may lead to civil disobedience, protests, or movements advocating for  change

3. Example of an unjust law in the US today is Voter suppression laws that disproportionately target minority communities by imposing strict identification requirements or reducing polling locations. This is unjust as it undermines the fundamental right to vote and disenfranchises certain groups of people, perpetuating inequality and discrimination.Example of a just law in the US today is the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, or national origin. This law is just as it promotes equality, protects individuals from discrimination, and upholds the principles of justice and fairness advocated by MLK.

discussion board 12.1

In the Wal Mart v. Dukes case, the Supreme Court decided that the class-action lawsuit filed against Wal Mart by female employees did not meet the requirements of commonality needed to proceed as a class action. The court ruled that the class of women suing Wal Mart did not have enough common factors or experiences to be considered a class for the purposes of a class action lawsuit. The concept of commonality in a class-action lawsuit refers to the shared questions of law or fact among the class members that are central to the validity of their claims. In this case, the Supreme Court found that the experiences of the female employees at Wal Mart were too diverse and individualized to establish a common question of fact or law that would bind all the class members together in a single lawsuit. The Supreme Court justified its decision by emphasizing that for a class to be certified in a class-action lawsuit, there must be a common question of law or fact that is central to all the class members’ claims. In the Wal Mart case, the court concluded that the female employees’ experiences and claims were too varied and did not share a common thread that would make a class-action lawsuit appropriate.

discussion 11.1

The court system is better suited to protect the individual than the elected branches of government due to the judiciary’s independence and impartiality. Federal judges including those in the Supreme Court are appointed based on merit and legal expertis rather than being elected through popular vote. This appointment process ensures that judges are not swayed by political pressure or public opinion when making legal decisions, safe guarding individual rights and upholding the rule of law. While some may view the Supreme Court as anti democratic due to the lifetime appointments of federal judges, this system is designed to insulate the judiciary from political influences and ensure stability and continuity in legal interpretation. The Founding Fathers, influenced by the ideas presented in “Federalist #10,” recognized the potential dangers of majority tyranny and sought to establish a system where the judiciary.

Board 9.2

1. P. Williams writes in her essay, that the war on terror is a new type of a war. What’s new about it, how is it different from traditional wars?

 The war on terror is considered a new type of war due to its unconventional nature and the characteristics that differentiate it from traditional wars. Unlike traditional wars between two or more nations, the war on terror is a conflict against non-state actors, such as terrorist organizations, rather than sovereign states. This type of warfare blurs the lines between combatants and civilians, making it challenging to distinguish between friend and foe. Additionally, the war on terror often involves asymmetrical tactics, such as terrorism and guerrilla warfare, which further differentiate it from traditional warfare that involves conventional military strategies and battlefield engagements.

2.In what ways does the “Roving Wiretaps” of the Patriot Act seem to violate the Bill of Rights? Which amendment(s) does it seem to violate and why?

. The “Roving Wiretaps” provision of the Patriot Act raises concerns regarding potential violations of the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. Roving wiretaps allow the government to intercept communications without specifying the target or location, potentially leading to the surveillance of individuals not named in the warrant. This lack of specificity and the broad scope of surveillance can infringe upon the privacy rights guaranteed by the Fourth Amendment. Additionally, the provision may also violate the First Amendment, which protects freedom of speech and association, as it could deter individuals from engaging in lawful communication due to the fear of being monitored.

3. What about “Sneek and Peek” Warrants?

 “Sneak and Peek” warrants, authorized under the USA PATRIOT Act, allow law enforcement agencies to conduct searches without immediately notifying the subject of the search. This provision permits authorities to enter and search premises, seize property, and delay notification of the search to the individual involved.

Dymytri Doricent- board 9.1

1. Describe how you understand the “Establishment Clause” and the related “Lemon Test”.

The Establishment Clause of the First Amendment prohibits the government from establishing a national religion or favoring one religion over others. The Lemon Test is a three pronged test  to determine if a law or government action violates the Establishment Clause.

2. Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.

 Burning the US flag is considered protected speech under the First Amendment. This was established in the landmark Supreme Court case Texas v. Johnson (1989), where the Court ruled that flag burning is a form of symbolic speech protected by the First Amendment. The Court emphasized that the government cannot prohibit the expression of an idea simply because society finds it

3. What does it mean when someone says “I’m taking the Fifth”?

When someone says “I’m taking the Fifth,” it refers to invoking their Fifth Amendment right against self-incrimination. The Fifth Amendment of the United States Constitution protects individuals from being compelled to be witnesses against themselves in criminal cases. By invoking the Fifth Amendment, a person is refusing to answer a question or provide information that may incriminate them or lead to their prosecution. This right ensures that individuals cannot be forced to testify against themselves in a court of law.

Dymytri Doricent – Board 7.1

1.Describe the primary differences in the role of citizens in government, among the federal, confederation, and unitary systems.

In a federal system, citizens have direct participation at both the national and state levels. They elect representatives to the national government and state governments separately. In a confederation system, citizens primarily participate at the state or regional level, with limited involvement at the central government level. In a unitary system, citizens interact with a single central government, with limited authority delegated to local governments.

2.Briefly explain how you understand the system of division of power.

 The system of division of power refers to the distribution of authority and responsibilities between different levels of government, such as national, state, and local governments. This division ensures that each level has its own specific powers and areas of control, helping to prevent one level from becoming too powerful and maintaining a balance of authority

3. How does the federal government shape the actions of state and local governments? Write your answer based on doing a bit of research on how the federal government has influenced the actions of NY state and local governments, during the COVID-19 pandemic.

During the COVID-19 pandemic, the federal government has influenced the actions of state and local governments in New York through various means. For example, the federal government provided guidelines and recommendations on public health measures to combat the spread of the virus. Additionally, federal funding and resources were allocated to support state and local efforts in responding to the pandemic. The federal government also played a role in coordinating efforts between different levels of government to ensure a unified response to the crisis.

Dymytri Doricent-5.3

1.One statistic on wealth inequality in the US that made the biggest impression the most on me is the fact that the top 1% of Americans own more wealth than the bottom 90% combined. This statistic highlights the extreme concentration of wealth in the hands of a very small percentage of the population.

2The implications of living in a society with such significant wealth inequalities are profound. Some of these implications include.When a small portion of the population holds a majority of the wealth, it can hinder economic mobility for those in lower income brackets. The ability to move up the economic ladder becomes increasingly difficult. In a society with significant wealth disparities, access to quality education may be limited for those from lower-income backgrounds. This can perpetuate the cycle of poverty and inequality.