DB 11.1

Since judges are expected to make decisions based on the constitution and law this knowledge is what makes the court system more qualified to protect individual rights. On the other hand, elected officials consider what will allow them to receive winning votes along with public approval. In addition to qualifications, courts use structured processes, constitutional interpretation, and evidence which maintains consistency and equality. For example, in the brown versus the Board of Education case the Supreme Court ruled that racial segregation in public schools went against the equal protection clause despite many elected officials supporting segregation at this time, especially in the south. Without the court system, segregated schools would have continued for a longer period of time because it was not deemed necessary for legislators to defend the rights of black Americans.

In my opinion Supreme Court is not democratic structure mainly since justices are appointed and not elected while serving lifetime terms. The court is designed this way on purpose to protect constitutional rights even when not being the main focus. According to the federalist number 10, Madison spoke about the dangers of factions and emotional majority rule. If a judge ended up needing to campaign like a politician they would become influenced by donors, political trends, and public pressure. By appointing judges instead of electing them the courts would be able to make decisions based on law and reason as opposed to public opinion. Although the court might be anti-democratic it is an independence that allows for strength and protection of democracy as opposed to replacing it.

DB 9.2

P. Williams describes the war on terror as being a new type of war because isn’t fought between countries or with clear battle lines such as in traditional wars. This kind of war is  against an idea or a group of individuals throughout the nation using things such as technology, intelligence, and surveillance . In this situation there isn’t a singular enemy or ending which is what sets it apart from past wars

The roving wire traps that is part the of the patriot act appears to go against the fourth amendment. This amendment protects people from unreasonable searches. Usually the government would need a warrant to tap a device however, roving wiretaps allow them to track a person through multiple devices without being specific on which device.This is a clear invasion of privacy that gives the government such a large leeway in to spy on the population without any clear limits. 

“Sneak and Peek” warrants go against the Fourth Amendment since they let law enforcement enter a persons home or property without making them aware of it. Traditionally, officers are required to show a warrant to let the person know what they’re doing. With “sneak and peek” warrants they’re able to search in secret and let the individual know later which ultimately takes the person’s right to know and challenge the search.

DB # 9.1

1.    The establishment clause is part of the first amendment which means that the government cannot create, support, or favor any religion. This is meant to keep a clear separation between the state and the church. The lemon test helps the side if a law violates the establishment cause. This test has three parts which include: the law must have a non-religious purpose, it cannot be used to promote or limit any religion, and it should not cause major involvement between government and religion. It would be considered unconstitutional to fail the lemon test.

2.    The first amendment protects burning the US flag as a form of free speech. In the Texas versus Johnson case of 1989 Gregory Lee Johnson burned an American flag as a form of protest and although people found it disrespectful, the Supreme Court believed that it was protected expression because it is a part of political speech.

3.    “I’m taking the Fifth” refers to an individual using their fifth amendment to stay quiet so they do not say anything that could be used against them. This means that they do not have to answer any questions or testify if it would make them look guilty or cause legal trouble for themselves.

Arline Molina DB 3.1

An ideology is a concept that shapes how people view the world as well as guidance in their behavior using specific beliefs and values. For example, we live in a modern-day capitalist economy. Capitalism is an ideology that favors free markets and private ownership that strays from government control of the funds. By following this ideology, we say that success comes from hard work and businesses should be able to work with very minimal government interference. The way that I am able understand ideology is that I treat it more than a collection of ideas and opinions. I see it as a system that is so natural in a society that the common public may not realize that they are following exactly that. Ideologies are used to explain power structures, traditions, and social arrangements, making it seem normal. For example, while some ideologies support and enforce freedom and equality while others support inequality because it is seen as an unavoidable concept in society. Overall ideologies influence personal beliefs and larger social systems by shaping how people think about justice, progress, and morality from prior generations to current times.

In U.S politics, conservative and liberal ideologies are different with how they view the government, social changes, and individual responsibility. Conservatives will often lean towards tradition, limited government, personal responsibility, and free markets. They believe that people should solve their own problems with minimum government interference and that rapid change comes with harm to social stability. On the other hand, liberals emphasize equality, social justice, individual rights, and government action. Liberals will often see government involvement as vital to correct injustice and protect those that are vulnerable like children and elders. The dividing line would come down to how much society believes the government should interfere to solve social and economic problems. For example, with healthcare conservatives mostly believe that private competition should find cost and quality of care while liberals prefer to ensure that everyone has access to affordable healthcare. 

Althussers definition of ideology is that it is not just a set of ideas that we believe consciously, but it is a system of beliefs and practices that shape people’s perceptions of themselves and their place in society. In other words, ideology is functional in everyday life by making specific roles and behaviors feel natural or obvious, even though it is a social construct. In Althussers perspective, ideology is powerful because it works behind the scenes, and it influences people without them realizing it. For example, we use the concept of being a good student. Schools don’t just teach curriculum, they teach the youth how to follow rules, complete with others, and always respect authority. With time students see these behaviors as normal when in reality they were shaped using education and discipline.