Discussion Board 14 – Kevin Hernandez

1. I think the connection is that capitalism is founded on inequality and racism enshrines it. It started racial without what people imagined race to mean which is being black. And it continues to be racial without what people imagine they’re not raised to be, which is being white. It is the rooted sentiment of a sense of superiority and inferiority that “whiteness” brings to the upbringing of those who don’t have it and those who do. This inequality ideology only causes a state of thinking based on what we are expected to act on without being told to. Enforced without actual physical force by the higher ups in authority of the population. 

2. There has to be a solution to surplus labor. When the state could have built anything else such as factories, parks or public venues. However prisons concentrate surpluses on a loop. There has to be a steady stream of criminals of those eligible to be categorized as criminals. They have to keep coming in which that group has to get bigger or deeper overtime. The prison sentences have to be longer, the list of behaviors, the conus crime have to increase. And when people get caught up in the system, for them to get out of it is to say to go back home if they can go home and be in a community and be of it is part of the perpetuation of the category of a criminal. The criminals are the basis of the prison industrial complex.            

3. I understand liberation struggle as the needs and struggles of people where they are and where there are many dimensions/circumstances to it. Which can also be referred to as place-based struggle in this context. The liberation struggle is fought by the people with resources against the higher ups in authority who look to diminish and take away what people have and matters most to them. So people organize themselves and at the same time discover potential connections to their local vulnerability that makes them a target in the capitalist world. It takes a cohesive approach of a unified body of people to address their issues.

Discussion Board 13 – Kevin Hernandez

1. Just laws are a man code that squares with the moral law or the law of god. That upholds everybody equally in human nature with our god given rights. It is any law that uplifts human personality. All people stand for and follow the same standards. Unjust laws is a code that is out of harmony with the moral law. Unjust laws are not rooted in eternal law and natural laws. It is any law that degrades human personality. There is a distinction that does not uphold everybody equally in human nature. A minority representation of people is inflicted unfairly which the rest of the majority aren’t affected by. 

2. I think this is an important distinction of just and unjust laws because it affects the perception of what we may feel protects or resents us in any particular way as a society or person depending on the type of life we live. As MLK stated, One has not only a legal but a moral responsibility to obey just laws. On the other hand, one has a moral responsibility to disobey unjust laws. An unjust law can feel as not a law to morally follow if that’s how we feel. Which can cause outrage or support if other people can relate or disagree with us in these terms. I think it can affect our politics as there are different ideologies that people stand and represent for which can alter the way certain laws apply or not apply well to their lives. There can also be change to an unjust or just law for a group’s preference. 

3. An unjust law today would be panhandling of homeless people. This law degrades the human personality of homeless people who are struggling in life and have nothing. Oftentimes they seek shelter in public spaces and are a disturbance to get rid of. They are criminalized to go somewhere else which is a never ending loop wherever they go. There aren’t proper solutions such as access to social services or rehabilitation to help homeless people get back on track in their lives. A just law would be the bill of rights that the constitution declares to stand forever. This law ensures that we have the basic rights of freedom of speech, religion, and press. This applies to all our lives on a daily basis. In the US, we can never be stripped or limited of these rights under any circumstance. No law or government can impose themselves over trampling on the bill of rights.

Discussion Board 12.1 – Kevin Hernandez

  1. The supreme court ruled the wal-mart case insufficient to proceed action against walmart based on the claims of women employees working in walmart. It justified its decision by stating that in the civil rights case suing under title VII, the case was generally under the category of classes seeking a injunctive or declaratory relief claim. This contradicted with the women’s additional demand for back pay which would amount to billions of dollars in withheld wages to women working at Walmart could only belong under the the category of a monetary relief claim. This error of class classification in the case set them for failure. The court also justified that the class of women in the case failed to meet the commonality requirement of “questions of law of fact” that were common to the women. The 1.5 million women employees at Walmart were not all discriminated against or denied pay raise or promotion at the same setting of place, the case could not stand connected at once as the Betty Dukes case tried here.

Discussion Board 11.1 – Kevin Hernandez

1. Individuals can ask for the highest court level to review their case if they are dissatisfied. However this may not be guaranteed. This is a way of checking on each other based on the rule of law. The state court system reviews most criminal and contract cases that fall under that state’s laws and constitutions. While the federal court system reviews cases that deal with the federal laws and constitution of the country and where high status and foreign disputes are resolved. Through this share of power between the federal and state governments to uphold and judge an individual, they both create and uphold their own court systems. In this way they operate independently and neutral free from majority and political pressure. An example is the supreme court’s verdict in Obergefell v. Hodges, where they gave the right to same sex marriage. The court proved this through the fourteenth amendment right that ensured the protection of the individual lawfully. Despite public disagreement pressure. 

2. I agree with the supreme court being an anti-democratic part of our government. I think that this way of choosing judges without the election and voting of the people is unusual. As we elect presidents, mayors and members of congress to govern the country. It is just as critical for an election of the judges to be done. Given that they are the ones who uphold the laws and give verdicts to federal cases. I think that it is done this way to elect judges based on what the president and senate positions in charge reflect about their own ideological position. This way the ideological legacy can carry on through the lifetime appointment of the judges. The elite class in the government can influence for this long behind the scenes.

Discussion Board 9.2 – Kevin Hernandez

1. The war on terror is a war of the mind. Something that can very easily be twisted that the enemy becomes anybody who makes us afraid. It makes it hard to talk about facts rather than fear by which one is overridden by. The damage in this sense comes from craven sympathies that amount to naive and treacherous self-delusion. This leaves us poised to an even more fearsome world where we subject ourselves to a totalitarian system of life for the sake of safety and trust in the government. This type of war is not so much in the frontlines as in traditional wars. It can be said as more of an inside job that occurs within the government and its citizens.  

2. The roving wiretaps seem to violate the 4th amendment which is the boundary between general individual freedoms and the rights of those suspected of crimes. The fourth amendment secures the right of the people to be secure against unreasonable searches and seizures and only upon probable cause that roving wiretaps can be used lawfully. Government officials are required to apply and receive a search warrant prior to a search or seizure that must be supported by oath or affirmation. Roving wiretaps are essential to flexibly investigate sophisticated technology terrorists. The problem that arises is that this can lead to privacy violations when anyone comes into contact with a suspect. There isn’t protection against unwarranted snooping from proceeding. 

3. Sneak and Peek warrants also seem to violate the 4th amendment in which without a warrant, seizures and searches are unreasonable to do. In cases where there is a reasonable expectation that evidence may be destroyed or tampered with before a warrant can be issued or if evidence in question is in the plain sight of government officials then home searches without notifying the target are deemed appropriate. However officials are still to explain why they were to delay the warrant and eventually later on inform the target about the search in this manner. The problem is that this act may apply to any crime no matter how minor it is even though it is ideal and appropriate to apply this act on terror and espionage cases preferably.

Discussion Board 9.1 – Kevin Hernandez

1. I understand the establishment clause as the two related freedoms of religion. The first one protects people from having a set of religious beliefs imposed on them by the federal government. Second, people are protected from having their own religious beliefs restricted or threatened by the government. The government is also forbidden from favoring one set of religious beliefs over others or favoring any religion over non-religion. This was founded based on the diversity of religious beliefs that many settlers from Europe came with during the early United States. The lemon test was designed to decide whether a law or government action might promote a particular religious practice should be allowed to stand. The criteria for a law or action to be constitutional is that it must not lead to excessive government entanglement with religion. It cannot either inhibit or advance religious practice. And there must be some non-religious justification for it. 

2. Burning the US Flag is protected by the first amendment. During the Texas v. Johnson case, the supreme court decided that burning the US Flag was a form of symbolic speech that the first amendment protects. The flag desecration law was found unconstitutional to uphold as it restricted this kind of freedom of expression of burning the flag at the same time. In response Congress has tried to overrule this court decision with various flag protection acts to re-criminalize the act but to no success.     

3. Taking the fifth means protecting yourself against self incrimination or the right to remain silent. People have the right to not to give evidence in court or to law enforcement officers that might constitute an admission of guilt or responsibility of the supposed crime one is being accused of or involved in. It is also embedded that suspects are required to be informed of their most important rights, including the right against self incrimination before being interrogated in police custody. However for law enforcement it is not necessary to inform suspects of their rights before they are questioned in situations where they are free to leave. It is a constitutional right.

Discussion Board 7.1 – Kevin Hernandez

1. At the federal level, citizens can vote in state and federal elections where the elected officials represent the people’s interests. Most commonly the republican and democratic parties. Being called upon to participate in the government lets it be to serve on a jury, testify in court, or petition your congress person to pass or defeat an idea for a law. In a confederation, citizens are able to maximize regional self-rule at the expense of effective national governance due to their power in voting. Authority is concentrated in the states. In a unitary system, citizens vote for subnational government representatives that are dependent on the national government where significant authority is concentrated. So citizens don’t have much of a say here.     

2. The system of division of power is the three branches of government that power is split into to prevent any branch from holding too much power. The Legislative branch is runned by the US Congress who creates and exercises the laws. The Executive branch is led by the president who enforces the laws. And the judicial branch interprets laws as per the US District courts, appellate courts, and at the highest level the Supreme Court. The three branches serve the purpose of ensuring that the two levels of government are the national government responsible for handling matters that affect the whole country. Subnational or state governments responsible for handling matters that lie within their regions. Each branch can limit and check each other’s power to stay equally balanced. There is a separation of functions between the federal and state governments in which voters get to choose the leader at each level. 

3. Federal and State governments must cooperate to form an interacting network. The federal government offers and has used grants to influence state actions to work towards selected national goals. These grants can be subjected to strict administrative criteria that guide project selection, performance, and financial oversight. They can also be less stringent federal administrative conditions and provide recipients more flexibility over how to spend grant funds. At the same time the national government can reverse and cap the escalating costs of federal grant programs. Compensation to the states and local governments can be given in which they are credited. The federal government can also enforce unfunded mandates that are federal laws and regulations that impose obligations on state and local governments without fully compensating them for the administrative costs they incur. These mandates can shape the actions of the state and local governments to fully comply as they can face the threat of civil and criminal penalties or even suspension of federal grant policies. This can be costly and with limited relief to states and local authorities. For example during covid 19, the US Government was threatening to the loss of $53 million pandemic relief funds for disadvantaged students in the NYC public schools. As a result the Mayor and US Department of education joined in a lawsuit to take this case into court. It evolved into a complicated relationship among both powers to get into agreement.

Discussion Board 6.2 – Kevin Hernandez

1. I am reminded of the capitalist and working class concept within the creation of the constitution. They are two different factions where the capitalist class are the minority who have the most influence and power united for their interests adverse to the rights of the ordinary citizens. And the working class is the majority united by the struggle of the equality of rights and say in the government role of American society. 

2. The source of wealth is what you inherit at birth if you’re poor or rich(Generational). This can lead to unequal distribution of wealth with different interests and parties from both factions. It is the government regulations that differ protection and help to one faction than the other from acquiring property(private wealth).

3. I don’t agree with this expansion of wealth and property as the elite wealth are allies with the government. It is one sided for them to inherit and maintain this level of private wealth. Some instances can be where the government excludes the elite wealth from being taxed and limited from buying up more private property. Unlike the working class people who don’t have that level of wealth to start or even maintain from being taxed and in debt over time.

4. The core mission of the US Government is to protect the interests and rights of having private property for both factions being the elite wealthy and the working class. It does not surprise me as this still holds true in today’s society. It persists with the working class being in burden from taxes and debts while trying to make a living in a 9-5 workday. Meanwhile the elite wealthy like the delegates of the constitution work to maintain the anarchy of the working class to a degree while not overlooking what problems may arise if they themselves get carried away with their exploitation and excess of private wealth. 

5. I am not surprised of that Federalist #10 not being in favour of democracy instead favouring a republican form of government as the ideal government of the delegates wouldn’t hold the main power to assemble and administer in person privately as they would want. With the pretext that they represent and stand on behalf of the people when in reality they are more protected to hide their true interests in wealth and power. This would be the people’s role instead in a democracy. The delegates would lose power and make way for the rise in power of the working class to replace them in a sense of what is best for the country. If the delegates could hold power by controlling the effects of both factions while representing a prospect that promises a solution for both factions then this method of a republic would be enjoyed by a large majority as it has been for a long time.

Discussion Board 6.1 – Kevin Hernandez

1. The capitalist class wrote the constitution and the working class did not partake in the process. Reading 6.2 states, “we first encounter four groups whose economic status had a definite legal expression: the slaves, the identified servants, the mass of men who could not qualify for voting under the property tests imposed by the state constitutions and laws and women… these groups were, therefore, not represented in the convention which drafted the constitution”. Reading 6.1 states, “(c) effectively propagate the financial and commercial interests of the affluent class and (d) defend the very wealthy from the competing claims of other classes within the society”. These were the main interests of the delegates when creating a stronger central power. Reading 6.1 states, “The working people of that day have been portrayed as parochial spendthrifts who never paid their debts and who advocated inflated paper money”. For this portration the working class was excluded and not allowed to participate given their lack of value and benefit that they could provide unlike the capitalist class. 

2. I would say yes the social class structure of the early united states society is the same as ours today. The elite wealthy still own a large chunk of the country’s wealth in investments, stocks, etc. Without having to do much of the labor that the working class puts into effort to sustain them as the working class tries to sustain enough for themselves. In reading 6.1, The capitalist class has a high mindedness attribute in which they believe that what was good for themselves was ultimately good for their country. The capitalist class still look after themselves and their close allies to benefit from the working class as much as they can. This is true in which the government may not really regulate corporate companies that compete each other out and exploit the open market with the promise that it benefits everybody. But in reality this can be unfair for consumers and those trying to gain wealth.

3. The delegates were afraid of democracy as they were worried that their selfish interests would be disturbed. In the system where the capital class owners offer money from job opportunities to the working class in exchange for the labor power that the working class can provide to do the work. They both rely on each other firmly. Whereas if the working class didn’t want to provide the labor to produce the capital money at the end of the process, the capitalists could not sustain their wealth for long. Same way the capitalist owners don’t provide work, the working class won’t have work to make income from. In the eyes of the delegates, “The people should have as little to do as may be about the government”. Back then and even now this can still be said about the working class to counter any potential knowledge that they might have had to use against the delegates. Reading 6.1 also states, “all communities divide themselves into the few and many”. There were risks of division and unstableness to arise from a democracy in place.

Discussion Board 5.2 – Kevin Hernandez

1. The formula M-C-M’ stands for buy in order to sell or resell for the capital wealth of capitalists. The First M of the formula stands for the certain amount of money invested to start. The C stands for the various commodities such as labor, equipment and raw materials. The Final M’ stands for the accumulated money also known as capital wealth. Labor power is the capacity of the mental and physical capabilities existing in a human being, which can be left fallow or brought into action and which can be used more or less intensely. An ideal start for the M factor, an ideal deal for the capitalists is to maintain and often exploit the labor power that workers have to do. Both parties make a deal offer where the capitalist buys the labor power at its money value and in exchange the capitalist agrees to pay the worker a certain wage. With this same money to start, the means of production are bought to enable the labor power to be used. This is by the means of supplies, equipment and buildings. The critical part of the process is the worker labouring for longer than it takes to create an equal value to his or her subsistence requirements. The unpaid labor is the surplus value that the capitalist makes of the supplementary day’s of work. An important factor to this is not raising the worker’s wages. An alternative method is to increase productivity of labor by greater intensity of labor that is greater effort in the product.