1. In what ways is the court system better suited to protect the individual, than are the elected branches of government (such as Congress and the President; or the Mayor of NYC and the NYC City Assembly)? Give an example to illustrate your argument.

The court system is better suited to protect individuals, rather than the elected branches of government because it is structured to function independently, support the constitution and be inclusive of minority voices. Whereas, elected branches of government can be manipulated by their voters or political pressure. The dual court system (state and federal courts) provides individuals with different opportunities to seek justice at a higher level when state courts fail to protect their rights. For instance, in Miranda v. Arizona (1966), the U.S. Supreme Court ruled that arrested individuals must be informed of their rights against self-incrimination and the right to an attorney under the 5th and 6th amendments. Ernesto Miranda was convicted in an Arizona state court without being advised of his right to remain silent under the fifth amendment or the right to an attorney during a police interrogation under the 6th amendment. However, the federal court reversed this decision, reinforcing that “each person has more than just one court system ready to protect his or her rights” (OpenStax 13.2). This allowed Ernesto Miranda’s constitutional rights to be protected even after the state court did not uphold them. 

2. Think about how federal judges get to become judges – unlike Presidents, Mayors and members of Congress (and other legislatures), they are not elected, but rather appointed. Many Americans have thus called the federal courts system, and especially the Supreme Court, anti-democratic places in our government. Do you agree that the Supreme Court, for example, is an anti-democratic part of our government? What could be the reason for this way of choosing judges in federal courts? (HINT: think about our discussion of “Federalist #10”, and which social class plays a leading role in our government system.)

I believe the Supreme Court is looked at as anti-democratic because its justices are not elected by the people, they are appointed. First nominated by the President of the United States and the senate then confirms that nomination. Supreme court justices wield massive power over the country’s laws and policies. Justices are appointed for life by the elite ruling class, in efforts to keep the court independent and separated from politics. This structure of power was intentional. In Federalist No. 10, James Madison states “a faction, is a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community” (Madison). This shows that the framers did not want factionalism to plague the country and make unfair decisions that did not benefit the everyone. Being that the public is ostracized from the process of appointing justices it can seem anti-democratic.

Works cited

OpenStax. American Government 2e. OpenStax, 2019,

https://openstax.org/books/american-government-2e/pages/13-2-the-dual-court-system.

The Gilder Lehrman Institute of American History. “Federalist Paper Experts.” 2013, www.gilderlehrman.org.

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?

Patricia J. Williams argues that the war on “terror” differs from traditional wars, because it isn’t intended for a specific country or militia. In a traditional war, you have a clear understanding of who your enemy or target is. She notes, “A war against terrorism is a war of the mind, so broadly defined that the enemy becomes anybody who makes us afraid” (Williams par. 6). This shows that the war of terror exists based on fear and said fear can lead to people’s civil rights and freedoms being stripped. 

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” of the Patriot Act violates the bill of rights by interfering with our freedom of speech which is protected under the First Amendment and conducting unreasonable searches against our right to be secure under the Fourth Amendment The First Amendment is violated because no authoritative figures or entities are allowed to interfere with the way you express your thoughts or opinions, unless they have a valid reason. The Fourth Amendment to the constitution is also violated because the right to privacy is no longer upheld. The government is required to show “probable cause”, in order to obtain a warrant for a phone tap. 

3. What about “Sneak and Peek” Warrants?

The “Sneak and Peeks” warrants of the Patriot Act also violates the bill of rights by orchestrating an unreasonable search and seizure in our homes under the Fourth Amendment  and not notifying persons of interest about a search being conducted which is protected under the Fifth Amendment. The Fourth Amendment requires a warrant to be issued upon showing “probable cause” before the government can conduct a search of any kind. The “probable cause” must also indicate what particularly needs to be searched and what things or people must be seized. In addition, the Fifth Amendment ensures that all people are made aware of any changes and evidence that may be used against them, giving us the right to due process of law. However, “Sneak and Peek” Warrants delay the notice of search, making it difficult to defend yourself against evidence seized in the search.  

Works Cited

Williams, Patricia J. “The War on Terror and Human Rights.” The Guardian, 2 Dec. 2001, 

www.theguardian.com/world/2001/dec/02/humanrights.usa.

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

The “establishment clause” is a key part of the first amendment to the constitution. It is the first two freedoms stated in the first amendment, preventing the United States government from establishing a national religion or favoring one religion over the other. This clause makes certain that the government cannot restrict or endorse religious practices; they have to be unbiased. The “lemon test” was established by the supreme court in order to justify whether a law or government action violated the “establishment clause”. It has been broken down into three parts: 1- “No excessive government entanglement with religion”, 2- Be unbiased, 3- Must have a “secular purpose.” (Openstax sec. 4.2)

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

Yes, burning the U.S flag is protected by the First Amendment. In a 1989 supreme court case Texas v. Johnson, Gregory Lee Johnson, a member of several pro-communist and anti-war groups was charged with “desecration of a venerated object” because he burned an American flag during a protest. During this case, “the Supreme Court decided that burning 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.” (Openstax sec. 4.2)

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

When someone states, “I’m taking the fifth” they are exercising their right under the Fifth Amendment to the constitution, to not answer any questions that could cause them to incriminate themselves or put them in legal jeopardy. According to the text, “People have the right not to give evidence in court or to law enforcement officers that might constitute an admission of guilt or responsibility for a crime.” (Openstax sec. 4.3)

Works Cited

Full citation:
OpenStax. American Government 2e, sec. 4.2, par. 10, 2020,

https://openstax.org/books/american-government-2e/pages/4-3-the-rights-of-suspects.

https://openstax.org/books/american-government-2e/pages/4-2-securing-basic-freedom

1. In a federal system, the power is shared amongst central and regional governments; states or provinces. Voting for representatives at local, state, and national levels are left for citizens to participate in and influence laws and policies that affect their communities. In a confederation, the central government possesses little power, while individual states or provinces maintain the greater amount of authority. The central government will step in to address matters outside of their scope of authority, when delegated. On the other hand, in a unitary system the national government maintains total authority. They provide local and regional governments with authorities. People have to work with their local governments which operate under the practices of the central (national) government.
2. The division of power is a set of principles that distributes governmental authority to specific branches of government. The legislative branch consists of the house of representatives and the senate. This branch is responsible for making laws. They can also have the power to impeach federal officials, d can override vetoes with ⅔ votes and approve federal judges to be appointed. The next is the executive branch that has the president, president’s cabinet, and vice president. This branch is responsible for enforcing laws. They can veto bills, issue pardons, and appoint federal judges. Lastly, is the judicial branch. This branch composes the supreme court and supreme court justices. This branch is responsible for interpreting laws. This branch can also declare acts of the president unconstitutional and can declare laws from the legislative branch unconstitutional.
3. The federal government greatly impacted New York states’ call to action for the COVID-19 pandemic. They assisted with funding, safety protocols and guidelines, and emergency powers from the executive branch. New York abided by the CDC’s health recommendations; like lockdowns or [quarantines], mandating masks, social distancing, and business traffic and hours of operation restrictions. The CARES Act gave financial relief for hospitals, unemployment insurance, and economic aid. Governor Andrew Cuomo was influential in executing said federal recommendations at the state level (within his authority) and brought forth strict measures, such as early lockdowns and quarantine protocols. He also looked for additional resources from the federal government, including the National Guard deployment and medical supplies. Cuomo’s leadership and partnership with federal agencies were crucial in influencing New York’s response to the covid-19 pandemic.

1. The Constitution was written by the wealthy owning-class; landowners, slave owners, and those who had strong political influence. Michael Parenti stated, “in most states, only property-owning white males could vote.” This shows how the working-class were excluded from having a voice in the government. All the while, a great amount of the society were excluded from this proceeding; “small farmers, indentured servants, enslaved people, women of all races, and Native Americans.” According to Charles Beard, these groups of people were “…disenfranchised and subjected to the discriminations of the common law. These groups were, therefore, not represented in the Convention which drafted the Constitution. This illustrates that there was no representation for the disenfranchised and they faced discrimination.
   
2. Our society has advanced in a lot of ways, however, economic disparities and elitist political influence remain just as significant as it was in early America. In the early days of the United States, those who were wealthy and owned land or businesses had a voice within the government. The system was founded on the relation with money and political influence. Regular citizens had little to no influence within the government. Although a lot more democratic processes exist today, wealth and political power are still concentrated within the hands of a small percentage of the population. They also use things like lobbying and campaign  donations, to help them push their agenda and protect their personal/financial interest. Even though, it seems more rights have been given to the people and we have advanced as a society, the rich still influence the decisions of our government. 
   
3. The framers were afraid that if the working class citizens had too much power, they would pass laws that challenged the wealth and property of the elite. To avoid this, they made a system where elected officials make important decisions.

1. The concept of faction reminds me of conflict amongst social class and economic imbalances in society. Those who have high socioeconomic status share a common interest and so do those who have a lower socioeconomic status. Thus, the wealthy/elite class and the low/poor class have opposing interests. Both Beard and Parenti’s have argued that the Constitution was made to protect the wealthy from the lower classes.
2. Madison argued that wealth comes from the “diversity in the faculties of men”, meaning that differences in the levels of intelligence, talent, and ambition lead to unequal economic outcomes. Said differences give some people the opportunity to build wealth while others who don’t possess the same capabilities are unable to and remain poor. 
3. I do not necessarily agree with this explanation of wealth and poverty. We must remember that there are several factors related to how one has become wealthy and how one remains poor. Wealth is often inherited and passed down through power structures. Poverty is also inherited but is also perpetuated because of things like race, gender, and system barriers.
4. Madison states that the “first object of government is to protect property rights” (Federalist No. 10). It’s shocking but not surprising because we are expected to be reassured that the  government exists to serve the interest of the people, promote equality, and serve the benefit of the people. On the contrary, the Founding Fathers were focused on protecting the interest of the rich.
5. Madison feared that a “pure” democracy would allow the impoverished majority to create laws that would harm the wealthy elites. He was afraid of retaliations from the lower class leading him to favor a Republican government, where the elected officials were primarily wealthy, and were able to make key decisions instead of the general population.

1.  The means of production consist of the tools, materials, and infrastructure necessary for the manufacturing of goods or the provision of services. For example, an iron welding plant possesses all the necessary materials to establish production; such as the physical location the production takes place, the energy source used to power those devices, the welding equipment and machinery, and the physical material (iron and steel). Moreover, labor is the physical work humans contribute to making a product. For instance, humans operate the machines and create the materials to produce an item.
2. Value is how much labor goes into producing something, which is measured in time. It is determined by how much labor is invested into making a product. Which is what gives “value” its value. The more labor that is exercised to create a product, will raise the value of said product. 
3. Marx’s theory makes a direct correlation between labor and value. The value of a product is based on the labor invested in the process to create it. The more labor that goes toward creating, the higher the value becomes.
4. The difference between labor and labor power is that labor is the physical work being done to create something. While labor power is the ability to complete the job. You need basic life necessities in order to maintain your labor power. This consists of things like food, shelter, and clothing to help support your ability to work. 
5. Surplus value is the extra work that workers produce, which stems beyond the wages they earn. This is important to know about in our study of social class because it shows the disparities between the capitalist class and the working class. It also highlights how employers are able to make profits by paying the laborer less than the value of what they have produced. To illustrate, in the video, “if a worker receives $100 for their work, but the product they make is worth $200, then the $100 difference the employer keeps is called surplus value.”

1. Statistics on wealth inequality in the US (discussed on p. 29) that made the biggest impression on me was “The richest 1% of Americans possess roughly 40-50% of the country’s wealth… more than the combined wealth of the bottom 90 percent.”  This statistic emphasizes how wealth is centralized amongst only a small portion of individuals. This data also underlines the economic imbalance that is prevalent in our society. The magnitude at which this imbalance exists is disturbing. Knowing that only a small percentage of people have access to the nation’s resources, while those who struggle to make ends meet are the same ones keeping helping generate the majority of capitalist wealth. Meanwhile, the wealth distribution remains unequal.

2. Wealth gaps have high impacts that trickle down to both personal and social levels. We tend to see this throughout our everyday lives. For example, someone who is wealthy and well-paid can afford to live conveniently within the fast reach of their workplace, have faster access to public transportation, or simply drive/uber to work as well. Whereas, someone who is low-middle class and receives lower pay lives in more affordable areas farther from their workplace. Leaving them to deal with a costly commute or crowded public transportation, that often affects their punctuality and income. 

The formula M-C-M represents how capitalists gain and increase their wealth. It begins with money (M) which is used to purchase (C) commodities, like raw materials and labor. After producing said commodities, they are then sold in turn for more money (M’). The surplus value (profit) is what distinguishes (M) from (M’). Surplus value is the extra work that workers produce, which stems beyond the wages they earn and capitalist turn a profit from. Those profits are then reinvested by the capitalist to develop more production and increase their wealth. This process of making profits and pour back it into the business is what helps keep the cycle of wealth exponentially growing in capitalist economy.

1. The distinction that is made in reading 4.3 between owners and employees is the capital and labor. For example, the text states “the owning class live mostly off investments, which include stocks, bonds, rents, mineral royalties, and other property income.” and “employees live mostly off wages, salaries, and fees.” Owners possess the power and ability to make decisions that impact the economy and the lives of employees. Employees unfortunately do not have this power and depend on their jobs to earn a living, making little to no decisions within their workplace. 

2. The way I decipher the quote by Adam Smith on pg. 28 is that labor is more valuable than money itself. Money is the end goal but labor is what drives economic growth. Wealth is built off of the labor of people working in various industries contributing to productivity. 

3. My thoughts on the main argument of Reading 4.4 that class is not an identity is, class should not be seen in the same regard as gender or race. It should be referred to as a “structural position” because things like race and gender are inherently our identity and determine how we navigate through life. Structural position determines an individual’s place in society while taking their identity components into account. 

4.  Close form of dependency refers to the relationship that exists between the owning class and employees. For example, the text states, “the socialist theory of class… highlights that workers depend on capitalists for employment, but capitalists also depend on workers to produce the wealth from which they generate profits.” This shows that  owners depend on employees to produce goods and services that will in turn make profits, while employees depend on owners to provide employment and wages.