DB 14 – Yanele Linval

  1. “Whiteness” is linked to racism because it has historically meant power and privilege. This setup favored white people and disadvantaged others, leading to unfair systems like slavery and segregation. Even today, “whiteness” can unconsciously cause discrimination and unequal opportunities, keeping racial divides alive. White views are often seen as the norm, pushing other perspectives to the side.
  2. Gilmore says prisons make new “criminals” because they do many different actions such as labelling. By calling someone a criminal, which makes it hard for them to get jobs or fit in, it pushes them to commit more crimes. Many people released from prison struggle to find jobs and support, so they may return to crime to survive. The system also often targets poor areas for minor offenses, leading to more arrests and prison time for poor people. With all these facts, I agree with her. These points show how the prison system can make the problem worse.
  3. Gilmore sees “liberation struggle” as a broad effort to dismantle oppressive systems and create a more just society by transforming structures, promoting collective action, and envisioning a long-term, equitable future. It’s an ongoing process of resistance and transformation.

DB 13 – Yanele Linval

  1. Martin Luther King Jr. believed that to tell the difference between a just and an unjust law, you need to look at whether the law aligns with moral principles and how it affects people. A just law,, is one that agrees with what is morally right and fair, often reflecting a higher, divine law. More importantly, it uplifts human personality, meaning it makes people feel valued, respected, and more human. On the other hand, an unjust law is out of sync with these moral principles. It goes against what is inherently right and fair. Instead of uplifting people, an unjust law degrades human personality. This means it makes people feel less than human, unimportant, or oppressed. King argued that any law that treats people unfairly or diminishes their dignity is an unjust law.
  2. Yes, this distinction is very important. Recognizing the difference between just and unjust laws significantly impacts how individuals and society function. For individuals, understanding this difference can guide their actions and decisions. It can inspire them to challenge laws they believe are unjust, leading to personal integrity and a commitment to justice. For society as a whole, it promotes a more ethical and equitable environment, pushing for laws that protect the rights and dignity of all people. It can also definitely affect our politics. It can drive social movements and policy changes as people advocate for the repeal of unjust laws and the enactment of just ones.
  3. An example of a just law is the Americans with Disabilities Act (ADA). It’s just because it ensures equal opportunities for people with disabilities, treating everyone with dignity and respect. An example of an unjust law is the Mandatory Minimum Sentencing for Non-Violent Drug Offenses. It’s unjust because it leads to disproportionately harsh penalties, especially for marginalized communities, and doesn’t always fit the crime.

DB 12.1 – Yanele Linval

In the Wal-Mart v. Dukes case, the Supreme Court decided against the female employees who were trying to sue Wal-Mart as a group (class-action lawsuit). The Court said the women didn’t have enough in common to sue together. The keyword here is “commonality.” For a class-action lawsuit to work, everyone in the group needs to have similar experiences. The Court found that the women’s experiences of alleged discrimination varied too much across different stores and managers. Because they couldn’t prove a company-wide policy of discrimination that affected everyone similarly, the Court ruled they couldn’t sue as a group. Each woman had to sue on her own if she chose to.

DB 11.1 – Yanele Linval

  1. Courts are better at protecting people than politicians because they’re neutral and focus on individual rights, not popularity or politics. Judges make decisions based on laws and the Constitution, even if unpopular. They ensure fair legal processes, protecting people from unfair government actions. For example, if a city council passes a law limiting a minority group’s right to protest, it might violate their freedom of speech. Courts can step in, review the law, and stop it if it’s unconstitutional. This is less likely with politicians who care more about public opinion.
  2. Some people think the Supreme Court is anti-democratic because justices are picked, not elected. But the idea is to keep judges separate from politics so they can make fair decisions based on the Constitution, even if those decisions aren’t popular. This is like the idea in Federalist #10, which says we need to protect the rights of smaller groups from being trampled by the majority. Picking judges helps them stay independent and knowledgeable, so they can defend the Constitution no matter what’s going on in politics.

DB 9.2

  1. Patricia Williams argues that the War on Terror is a new kind of conflict because it differs from traditional wars. Unlike wars between nations, it targets non-state actors, blurring the lines of engagement. It asks hard questions about laws and rights, like who is a soldier and what rules we follow. It also makes governments watch people more, changing how safe we feel and how much freedom we have. 
  2. “Roving Wiretaps” allows surveillance on a person across multiple devices and locations without specifying each in the warrant. This raises concerns about violating the Fourth Amendment, which protects against unreasonable searches and requires warrants to be specific. The roving wiretaps seem to violate this by not detailing the places or devices to be searched. It also violates the First Amendment if used to monitor communications that involve free speech.
  3. “Sneak and Peek” warrants let the police go into your place and look around without telling you right away. This violates the Fourth Amendment, which says the police can’t search your stuff without a good reason. Usually, they need to tell you they searched, but “sneak and peek” lets them wait. That means you can’t be sure they followed the rules. It also makes people worry about the Fifth Amendment, which says you have the right to a fair trial. If the police find something using “sneak and peek” and you don’t know how they found it, it’s hard to argue that they did anything wrong; therefore, it might not be a fair trial.

DB 9.1

  1. The Establishment Clause is a key part of the First Amendment to the U.S. Constitution, which says that “Congress shall make no law respecting an establishment of religion.” This means the government can’t create or support an official religion. It’s designed to keep the government neutral when it comes to religion, protecting both religious freedom and preventing government endorsement of any particular faith. The “Lemon Test” is a set of rules created by the Supreme Court to decide if a law or government action violates the Establishment Clause. It came from the 1971 case Lemon v. Kurtzman. To pass the Lemon Test, a law must: 1.  Have a secular (non-religious) purpose. 2.  Not advance or inhibit religion. 3. Not create excessive entanglement between government and religion. If a law fails any part of the Lemon Test, it’s considered unconstitutional because it violates the Establishment Clause. The Lemon Test helps ensure the separation of church and state, keeping the government neutral on religious matters.
  2. Yes, burning the U.S. flag is protected by the First Amendment as a form of symbolic speech. This was established in the Supreme Court case Texas v. Johnson in 1989. Gregory Lee Johnson burned a U.S. flag during a protest at the 1984 Republican National Convention in Dallas, Texas. He was arrested and convicted under a Texas law that prohibited desecrating the flag. The Supreme Court, however, overturned his conviction, ruling that flag burning is a form of expressive conduct protected by the First Amendment.
  3. “I’m taking the Fifth” means someone is invoking their Fifth Amendment right under the U.S. Constitution. This right protects them from being forced to incriminate themselves. Basically, they’re refusing to answer a question because their answer might suggest they’re guilty of a crime.

DB 7.1

  1. How people get to be involved in their government changes a lot depending on the type of system it is: federal, confederation, or unitary. In a federal system, people deal with both the main government and their local state or area, voting for leaders and affecting rules at different levels. In a confederation, people mostly work with their local governments, which have a lot of power, while the main government doesn’t do much. But in a unitary system, people mainly deal with the main government, which has all the power and makes all the big decisions, so local governments don’t have much say. So, how much people get to be involved really depends on how the power is shared in each system.
  2. Dividing power means splitting government jobs between different levels, like national and local. This affects how laws are made and who takes care of things like schools and roads. Some countries split power clearly in their rules, while others keep most power in one place. Knowing how a country divides power helps you understand how it runs. This setup affects how money and help are spread around, keeping one group from getting too strong.
  3. During Covid-19, the federal government greatly influenced New York State and local governments through money, rules, and advice. The federal government gave billions to New York through the CARES Act, helping them pay for healthcare, jobless benefits, and aid to people and businesses. Without this money, New York would have had trouble keeping important services running. Also, the federal government set rules and gave advice on masks, distancing, and vaccines through agencies like the CDC. New York followed these guidelines to protect people’s health. The federal government also helped get vaccines and supplies to New York.

DB 6.2

  1. The concept of “faction” reminds me of “political parties.” Factions are essentially groups of people united by a common political purpose, which is also the basic definition of a political party. Both seek to influence policy and gain power, and both can be sources of division within a larger political system.
  2. According to Federalist #10, the source of wealth is the “diversity in the faculties of men” meaning the different abilities and talents that a person possesses. The factor that explains why some people possess wealth by owning private property while others remain poor is the degree to which they can exercise and develop these faculties. Those with greater abilities and industry will naturally acquire more property, while those with less will acquire less.
  3. While individual effort and talent play a role, I don’t fully agree that they’re the sole explanation for wealth and poverty. That would make it too simple. Factors like access to quality education, healthcare, and even social connections create a playing field that isn’t level to begin with. Plus, things like discriminatory practices and economic policies can trap people in cycles of poverty, regardless of how hard they work. It’s a much more complex issue than just individual capabilities.
  4. Madison believed that the main purpose of government is to protect people’s ability to own property. In other words, the government should make sure everyone has the right to own their own stuff, even if it means that some people are richer than others. These days, many people think the government should get involved to make sure everyone is equal, protects their rights, and takes care of the public. But Madison’s idea was more about keeping the advantages that come with owning property.
  5. Considering the focus on property and inequality, it makes sense that Federalist #10 likes a republic more than a direct democracy. Madison worried that certain groups could take over a direct democracy and hurt the rights of people in the minority. He thought that if most people didn’t have much property, they might try to take wealth away from the rich, which would be bad for property owners. A republic, where people elect leaders, helps prevent this.

DB 6.1

  1. Based on the arguments in the readings in 6.1 and 6.2, the social class that wrote the Constitution was primarily the wealthy upper class. The upper class, consisting of rich landowners, merchants, and lawyers, had the education, resources, and social standing to participate in the writing of the Constitution. In contrast, the lower class, which included farmers, debtors, and laborers, lacked the money and influence to participate in the process. The Constitution was written by the upper class,  while the lower class was excluded.
  2. In the early days of the United States, the social class structure vastly differed from today’s. It was far harder, especially for anyone who wasn’t a wealthy white man. The elite, consisting of wealthy landowners and merchants, held considerable power. Below them were small farmers and labor workers, forming a middle class. At the bottom were indentured servants and slaves with little to no rights. Today, while wealth still matters, there’s more room for others to thrive. The middle class has expanded, and opportunities for more groups exist through education and careers. However, wealth inequality is an ongoing issue, and factors like race and social class still create barriers.
  3. The wealthy upper class that wrote the Constitution was so afraid of democracy because they believed that if the working class had an ounce more political power, it would threaten their own status, power, and money. To them, if the lower class had more power, their own income could be harmed. In accordance with their fears, the wealthy implemented a system where the wealthy had far more control than the lower class.

DB 5.3

  1. The biggest impression that a statistic left on me is the fact that the wealthiest top 1% of Americans own more wealth than the entirety of the bottom 90% combined. This is because it so clearly shows the extreme concentration of wealth and the vast inequality between the wealthiest of the wealthy and the majority of the population. It’s almost dystopian to think a single person has more money than millions of people combined. That fact alone is so hard to get a grasp on, for the simple fact that it’s almost insane to believe it’s real
  2. Some implications of living in a society with major wealth gaps are that they can create social classes, limiting opportunities for those with less. The rich often have a bigger say in policy, which can worsen inequality. You see this in everyday life, like how wealthier families can afford better education, giving their kids an edge, while keeping the kids of poorer people down, almost below them.