Discussion Board 13.1 – Pablo Hernandez

According to MLK, the difference between a just and unjust law comes down to whether the law respects human dignity or takes it away. A just law is fair, applies equally to everyone, and uplifts people. An unjust law is one that degrades people, treats groups unequally, or is forced on one group by another without equal participation. MLK uses segregation as the clearest example because Black people were forced to obey laws they had no fair role in creating, and those laws treated them as less than human.

I think this distinction is extremely important because without it, people might believe all laws should automatically be obeyed just because they are laws. But history shows that not all laws are moral or fair. Knowing the difference changes how people think about politics, protest, and resistance. It affects society because it pushes people to question authority instead of blindly accepting it. That can absolutely affect politics because major changes usually happen when people challenge unjust systems.

An example of an unjust law today could be laws or policies that make it harder for certain groups to vote, because voting is supposed to be equal and fair for everyone. If a law creates obstacles that mainly hurt one group, that would fit MLK’s idea of injustice because it weakens equality. An example of a just law would be minimum wage laws. Those are meant to protect workers and make sure people are paid fairly for their labor. Using MLK’s definition, that would be just because it supports human dignity and fairness.

Discussion 12.1 – Pablo Hernandez

In the Wal Mart case, the Supreme Court ruled against the women and decided they could not continue as one large class-action lawsuit. The women were suing Wal-Mart for gender discrimination in pay and promotions, saying the company had a pattern of treating women unfairly. There were over 1.5 million women involved, which made it one of the biggest class-action lawsuits ever.

The Court’s main reason for rejecting it was the issue of “commonality.” From what I understand, commonality means that everyone in the lawsuit has to share the same basic legal problem and be looking for the same kind of solution. The Court argued that even though many women experienced discrimination, their situations were too different from each other. Some had different managers, worked in different stores, and faced different types of unfair treatment.

Basically, the Court said there was not enough “glue” connecting all the women’s experiences together as one case. Justice Scalia argued that just because they were all women working at Wal-Mart did not automatically make their claims the same. To me, this seems like the Court focused more on technical legal details than the bigger pattern of discrimination. It’s like they saw each case as separate instead of looking at the larger culture inside the company.

Discussion Board 11.1 – Pablo Hernandez

I think the court system is better suited to protect individuals because judges are supposed to focus on the law and the Constitution, not public opinion or politics. Elected officials like presidents, mayors, or Congress usually have to think about votes, popularity, and pressure from their supporters. Courts can step in when those branches go too far or violate someone’s rights. A good example is Miranda v. Arizona, where the Supreme Court protected a person’s Fifth Amendment rights and ruled that police have to inform people of their rights before questioning them. That shows how courts can protect individuals even when the rest of the system may not.

At the same time, I do understand why people call the Supreme Court anti-democratic. The justices are not elected by the people and they serve for life, which gives them huge power without direct accountability. That can seem unfair because one president can shape the Court for decades just by appointing judges. But I think the reason the system was made this way was to keep judges independent from politics and short-term public pressure. If judges had to campaign for votes, their decisions might be based more on popularity than on the Constitution.

Looking at Federalist #10 and our class discussions, it also makes sense that wealthy people supported this structure because it protects stability and property. A lifetime judge is less likely to be influenced by sudden public demands, especially if those demands challenge the interests of wealthy or powerful groups. So while the Court can protect rights, it can also help preserve the system that benefits the upper class. That’s what makes it complicated.

Discussion Board 9.2 – Pablo Hernandez

What makes the war on terror different from traditional wars is that the enemy is not a country with an army or clear borders. Like Patricia Williams explains, it’s more of a “war of the mind” because the enemy can be anyone and anywhere. In a normal war you know who you’re fighting and there’s usually an end point, like surrender. With terrorism, it feels endless because fear itself becomes part of the war. That makes it dangerous because governments can keep expanding power in the name of safety.

The Patriot Act’s roving wiretaps seem like they push against the Fourth Amendment because they allow the government to track multiple devices with one warrant. Normally, if police want to tap phones, they need to be specific about what they are searching. With roving wiretaps, that line gets blurry. I get why the government says it’s needed since people can switch phones fast, but it also seems easy for innocent people around that suspect to get caught in surveillance too.

The “sneak and peek” warrants also feel like a Fourth Amendment issue because they let police search someone’s house or property without telling them right away. That changes the idea of privacy a lot. On one hand, I understand it could help catch dangerous people or stop evidence from disappearing. But on the other hand, it opens the door for abuse because people may not even know they were searched until much later. That kind of power can get out of hand fast if there’s not enough oversight.

Discussion 9.1 – Pablo Hernandez

The Establishment Clause to me means the government cannot create or support an official religion. It’s basically the separation of church and state. Everyone can believe what they want, but the government can’t favor one religion over another or force religion into laws. The Lemon Test is how courts decide if a law crosses that line. From what I understand, it checks if the law has a real non-religious purpose, doesn’t push religion forward or block it, and doesn’t create too much involvement between government and religion. That makes sense because without those limits, religion and politics could easily get mixed in ways that hurt people’s freedoms.

Burning the U.S. flag is protected by the First Amendment because it counts as symbolic speech. In the case Texas v. Johnson, the Supreme Court ruled that even if people find it offensive, it is still a form of political expression. I get why this is controversial because the flag means a lot to people, but if freedom of speech only covered things everyone agrees with, it wouldn’t really mean much. Sometimes protest is meant to make people uncomfortable.

When someone says “I’m taking the Fifth,” it means they are using their Fifth Amendment right to stay silent so they don’t incriminate themselves. Basically, you don’t have to answer questions if what you say could be used against you in court. I think this is important because it protects people from being pressured or manipulated into confessing to something, especially when police or prosecutors have more power in that situation.

Discussion 7.1 – Pablo Hernandez

The role of citizens is different in federal, confederation, and unitary systems. In a unitary system, most power is held by the national government, so citizens mainly influence decisions through that central authority. In a confederation system, most power belongs to the states or local governments, and the national government has very limited authority. In a federal system, like the United States, power is divided between the national government and the states, giving citizens multiple levels of government where they can participate and influence policy.

I understand the division of power as a way of preventing any one government entity from becoming too powerful. The Constitution divides power between the federal government and the states, while also separating power among the legislative, executive, and judicial branches. This system creates checks and balances and allows different levels of government to address different issues.

During the COVID-19 pandemic, the federal government had a major influence on the actions of New York State and local governments. Federal agencies such as the CDC provided health guidelines, while Congress approved large relief packages that sent funding to states, hospitals, schools, businesses, and local governments. New York used federal funding to support testing, vaccination programs, public health efforts, and economic recovery initiatives. Although New York’s governor and local officials made many day-to-day decisions regarding restrictions and public safety measures, those actions were heavily shaped by federal guidance and financial support. This shows how federalism works in practice, with different levels of government sharing responsibilities while working toward the same goal during a national crisis.

Discussion 6.2 – Pablo Hernandez

The idea of a “faction” reminds me of the social classes we have been discussing throughout the course. In Federalist #10, Madison talks about groups of people with different interests competing with one another, which is similar to the conflict between wealthy property owners and the working class.

According to Madison, wealth comes from the different “faculties” of people. I understand faculties to mean a person’s abilities, talents, or intelligence. He argues that some people acquire more property because they have greater abilities, while others do not and therefore remain poor.

I do not fully agree with this explanation. While talent and hard work can play a role in success, wealth and poverty are also influenced by opportunity and access to resources. For example, banks historically used redlining practices that made it much harder for many minority families to get home loans and become property owners. Since owning property has been one of the main ways families build wealth over generations, policies like these created disadvantages that had nothing to do with a person’s abilities or intelligence.

According to Federalist #10, the first object of government is the protection of property. That surprised me because today many people would probably say the government’s main purpose is to protect rights, provide services, and serve the public. Madison seems to place the protection of property at the center of government.

Because of this, I am not surprised that Madison favored a republic instead of a pure democracy. If he believed government should protect property, then it makes sense that he would worry about a majority of poorer citizens gaining enough power to challenge the interests of wealthy property owners. A representative government gave more protection to those interests than a direct democracy would.

Discussion Board 6.1 – Pablo Hernandez

Property owners such as merchants, bankers, large landowners, and slaveholders. These were the people who had political power and wanted a government that would protect their wealth and property. The people who were mostly excluded were slaves, women, Native Americans, indentured servants, and propertyless working class men. Beard refers to these groups as the disenfranchised because they had little or no say in the political process.

I think the social class structure of early America was more similar to today than different. Back then, society was divided between wealthy people who owned property and ordinary people who had to work for a living. While many more people have the right to vote today regardless of race, gender, or property ownership, there is still a clear divide between those who own most of the wealth and those who work for wages.

The people who wrote the Constitution were afraid of democracy because they worried that ordinary people would gain enough political power to challenge the interests of the wealthy. As discussed in the readings, they were concerned about the propertyless majority having too much influence over government decisions. That is why they favored a republic with elected representatives instead of a direct democracy, believing it would better protect property and the interests of the wealthy class.

Discussion Board 5.3 – Pablo Hernandez

The statistic that stood out to me the most was how much wealth is concentrated at the top while the majority of people own very little. I knew there was inequality in the U.S., but I didn’t realize how extreme the gap was. It made me think about how two people can both work full time jobs and still have completely different levels of security depending on whether they own assets like property, investments, or businesses.

I think one of the biggest effects of this kind of inequality is that people start life with very different opportunities. Someone born into a wealthy family may have access to better schools, safer neighborhoods, financial support, and connections. Someone else may be working just as hard but spending most of their income on rent, bills, and debt with very little chance to build wealth.

I see this in everyday life. In New York, for example, there are luxury apartments and expensive restaurants right next to neighborhoods where people are struggling to afford basic living expenses. You also see it in politics when wealthy individuals and corporations have more influence because they can donate money, hire lobbyists, and shape public opinion. The reading made me think that wealth inequality is not just about money. It affects opportunities, freedom, and the choices people are able to make throughout their lives.

Discussion Board 5.2 – Pablo Hernandez

The way I understand it, the means of production are the things needed to make something. That could be tools, machines, buildings, equipment, or even technology. Labor is the actual work people do using those things. For example, in a restaurant the kitchen and ovens are part of the means of production, while the cooks and servers provide the labor.

From the video, value isn’t just whatever price something sells for. Value comes from the amount of labor it takes to produce something under normal conditions. A block of wood by itself isn’t worth as much as a table because labor was used to turn it into something useful.

Labor and value are connected because labor is what creates value. Without labor, materials just stay materials. Workers add value by using their time, skills, and effort to create products or services.

I think labor power is a little different from labor itself. Labor is the work being done, while labor power is your ability to do that work. When someone gets hired, they’re really selling their labor power for a certain amount of time each day.

Surplus value was one of the more intresting ideas to me. It’s the extra value a worker creates beyond what they get paid. If a worker creates $300 worth of value during a shift but only earns $150, the rest becomes profit for the company. Marx believed this is one of the main reasons there is always some tension between workers and owners, even when everyone seems to be getting along.