Aniyah Kitson – Discussion Board 14.1

  1. What I’ve got from Ruth Gilmores comment related to “whiteness” and racism was the issue of superiority that the white race hold currently, as well as historically. The systematic racism that colored people face encourages the incredible advantages that white people feel entitled to, they maintain a high level of standards within this nation by contributing to other white people, and not taking into account the desires of people of other races. Capitalism requires inequality because it relies on competition which causes wealth and power to drive their investments, as well as economic growth. Racism intertwines with capitalism by creating and maintaining a system of exploration which helps uphold the power of the ruling class.
  2. Criminals are excluded from the chance of restoration, criminals have a record of unlawful acts that discourage them, and make it difficult for them to succeed financially, politically, and professionally. The wide variety of jails/ prisons is basically the state and law enforcement creating a place for criminals to attend based of their implications. Gilmore is correct in her statement that criminals can in fact perpetrate crimes, criminals who take part in illegal activities are indeed capable of carrying out and committing other violent acts.
  3. Liberation struggles is about having a community who is willing to fight and achieve a sense of freedom from oppressive racism and justice for inequality. Liberation involves the determination to desire justice.

Aniyah Kitson – MLK

  1. The way we think and interpretate laws can 100% make a difference within our society. We have already learned or seen the factors of just laws and unjust laws. The most important thing our nation can do to determine just/unjust laws is to consider the outcome of our society if that law was to be put in place, or to weigh the possibilities of loss, and gain. For example, The Jim crow law was a heavily unjust law to make African American people feel inferior to white people, this affected Blacks within society in the sense that it created an authoritarian position for them.
  2. According to MLK, we can tell the difference between just laws and unjust laws. “A just law is a man code that squares with the moral or the law of God” and “an Unjust Law is a code that is out of harmony with the moral law”.
  3. An example of a unjust law in this society would be money bail, the possibility of freedom Soley based on wealth status. A wealthy person can but pre-trial freedom, while a poor person must stay in jail for however long until their case resolves. An example of a Just law would be the American Disabilities Act of 1990, it gives those with disabilities equal access to employment and public services. The act protects their rights and engages equal rights.

Aniyah Kitson – Duke V.S Wal-Mart

The supreme court decided that they will no longer proceed with the class action lawsuit regarding gender discrimination against Walmart, the court justified their decision based off two deciding factors. The first factor being “commonality” the justices decided the plaintiff (Duke) didn’t provide sufficient evidence in regard to the discrimination that affected all class members generally. The discriminatory practices were assigned to individual managers who were spread across the Wal-Mart chain. The second factor being “back pay”, the court believed back pay wasn’t suitable for class action under rule 23 b (2). Duke’s claim was under b (2) and the court states that the woman’s demand for back pay could only belong in a b (3) claim. It was rules as a misclassification.

Aniyah Kitson – Discussion Board 11.1

  1. Court systems are better suited to handle individual rights being that the State Courts handle disputes and conflicts for the people at state level such as, Criminal Activity, Rape, Murder, and violation of in-state laws. The federal courts also seek justice for the people due to the fact they deal with rights for people outside of state-level. The Federal Courts deal with conflicts between each state, which also take part in individual rights. They also take part in ethnical rights (Native American), patents, and copy rights. Elected branches aren’t suitable to protect individual rights because they respond mostly to political pressure, they make decision without worry because they are appointed for life. They focus on constitutional rights despite public opinion. An example would be Miranda vs. Board of education for the courts aspect of this paragraph.
  2. The supreme court can be deemed to be anti-democratic and I agree. They disallow popular opinions from people, while allowing the government to focus on translating the laws, this is seen to be anti democratic since the people don’t have a say or a vote for who is able to be a judge. The judges are chosen this way to prevent “Tyranny of the Majority”, in other words to not discriminate against minority groups, or the social pressure of ones who have yet to get a clear opinion. Their goal is to get, appoint judges who are educated and experienced to make decisions based on the constitution for the protection of rights.

Amendments- Aniyah Kitson

  1. Establishment Clause- Congress is prohibited from creating or promoting a state-sponsored religion. It also forbids the government from favoring one religion over the other or favoring religion over non-religion.
  2. Lemon test- is to help decide whether a law, or a government action that might promote a particular religious practice should be allowed to stand. The 3 criteria are: 1. The actions or law must not lead to excessive government entanglement with religious. 2. The actions or law cannot either inhibit or advance religious practice; it should be neutral in its effects on religion. 3. The action, or law must have some secular purpose; there must be some non-religious justification for law.
  3. The burning of the flag was seen as unconstitutional and the desecration of the flag was seen as a federal offense all the way until 1889, the supreme court decided in the Texas v. Johnson case that burning of the flag was a form of symbolic speech protected by the first amendment and found the law, as applied to flag desecration to be unconstitutional. In 1990, the flag protected act intended to overrule it, congress attempts to recriminalize flag burning has been ignored.
  4. When someone takes, or pleads the fifth, they take the right to refuse to answer any questions, or provide notable evidence, which is allowed by the fifth amendement.

Discussion board 9.2 – Aniyah Kitson

  1. Normal, traditional wars are most commonly fought between nations with a clear endpoint, enemies, and objectives. The war on terror is different because it’s not fought with an enemy, but instead with our own fear. War of terror doesn’t have a clear endpoint, or anyone to hold the victory of the war.
  2. “Roving Wiretap” does affect the bill of rights. It effects the first amendment; roving wiretaps are made to be a use of invasion of privacy. this could limit conversation and be put into fear under government monetization. This could happen with being loosely connected with a suspect. It also violated the fourth amendment, the protection against unreasonable search and seizures. This act requires some type of warrant. Roving wiretaps allows surveillance to check in between devices without any warrants.
  3. “Sneak and Peak warrants” also violate the fourth amendment, which protects others against unreasonable searches without notifying those whose property is under search and seizures. “Sneak Peak warrant” allow law officials to search people’s property without immediately notifying that individual.

Distribution of roles – Aniyah Kitson

  1. The primary differences in the roles of citizens for federal, confederation, and unitary system. Citizens have a role in choosing representatives at a national and state level. A confederation system the citizens have a stronger tie to respective states than to a central authority, meaning citizens have great limitations to the engagement with the central government, this is due to the member states holding more authority. Unitary system citizens have a unified engagement with the government since the decision is centrally controlled.
  2. The division of powers refers to how responsibilities and authority is divided amongst the different branches and levels of government, they divide power amongst each other to assure that no group holds authority over one another.
  3. The federal government held influential actions at a state and local level, the federal government used actions through the CDC to provide guidelines through public health measures, for example, they put mandates on masks, the encouraged and required a 6 feet social distancing, and very stern on the quarantine mandates. Another example of how the federal government held influential actions would be the provision of financial aid to local government and states to help manage the economic and health impacts for the pandemic, they also help distribute medical Supplies as well as equipment.

Early American Social Class – Aniyah Kitson

  1. The founding fathers who wrote the constitution belong the the upper class level in society, you could also name them the “elite” class. They were educated, businessmen, as well as being landowners. The people who werent allowed to participate in the ratification/ writing of the constitution were the African Americans, Free African Americans ( all black people in general), Native Americans, women, and non-landowners.
  2. The social class between early Unites states and present day United States was different in the sense of extreme segregation, and the necessary necessities that would put you in the upper level class. The two also has similarities as well, in both present day America and early America , they both used social class as an individual status, African Americans are still primarily at the bottom while wealthy white men are still primarily at an upper level status. Just like early America, to be able to be in an upper class level, education has to be involved (usually), and if you had that particular status you would more than likely be a businessman, or a land owner.
  3. the people who wrote the constitution were very afraid of democracy. They didn’t want people following a “mob mentality” meaning they didn’t want popular opinions of society to influence chaos, they didn’t wany to give the people too much power, for example, the June 6th riot at the white house. They were also afraid of “Majority Tyranny”, they felt if a majorities decision of a certain situation would disregard and disinterest the minority group, undermining the rights of others.

James Madison’s constitution – Aniyah Kitson

  1. The term factions remind me of the first module we discussed which was ideology.
  2. According to Madison, the source of wealth comes from the diversity in the faculty of men, faculties refering to peoples capabilities. Madison believed that people whom share different abilities have different outcomes in the terms of wealth an financial status.
  3. I agree with his explanation of wealth and poverty to an extent, people of different backgrounds and talent’s very well do have different outcomes finacially. Someone who is a song writer will have a different wealth outcome than someone who is an architect.
  4. The first object of the U.S. government is to support and protect the rights of individuals. It does surprise me, the 21st century government focuses on things such as education, and healthcare, something Madison didn’t hold a concern for.
  5. This is not surprising, while it did seem that Madison may be for the people, we also have to take into consideration the framers goal to balance out the interests of different social classes, while also trying to stray away from factionalism. Madison didn’t want a pure democratic form of government because of the protection of the elite interest, the fear of tyranny, as well as the representation of diverse interest. They didn’t want a pure democratic government because a lower class of people may not always be as rational as someone of a higher status, and Madison as well as other framers didn’t want the, to threaten stability or property righst

Capitalist MCM- Aniyah Kitson

Capitalist use M-C-M to maintain and increase their wealth by beginning with “M’ which is used for their original investments such as raw materials, labor, and or production. They then continue to focus on production and value, with “C” capitalist seek to get as much value as possible from their worker’s labor by paying their workers less than what their labor provided, which generates surplus value. Capitalist then reinvests the surplus value back into commodities, laborers, material, or improving their production advancements and methods. All of these M-C-M factors increase he capitalists’ wealth.