- The “Establishment Clause” and the related “Lemon Test” are both parts of the first amendment. The lemon test was creamy later then the establishment clause to make sure that laws or practices don’t violate the First Amendment clause that prohibited government from establishment of religion. This leads us back to the Establishment Clause. It forbids any sponsored religion by the government. restricting all the governments from promoting or establish one religion above others.
- Regarding to the relevant court case discussed in the reading although burning the flag can be seen as a call for height or incite violence. We have seen with Johnson case that the court held that flag burning constitutes a form of “symbolic speech” that is protected by the First Amendment. Meaning that you can only burn your own flag to protest, but it is prohibited to destroy someone else’s since it is not your property.
- when someone is pleading the 5th, it means that this person is using their Fifth Amendment protection against self-incrimination. It allows you to refuse to answer questions and maintain silent in order to protect you against self-incrimination.
Discussion Board 10
- The elected branches of government protect the individual but not as much as the court system better suited to protect the individual. This is due to the fact that the judicial system is truly complete assuring a real protection at different level like in the Dual Court System where you can get a higher court to review your file in order to have a better or a faire judgment of your case. This separation of powers also prevents potential abuse of power. As in another side with the elected branches of government who may be acting more in considerations of public opinions or political opinions.
- federal judges get to become judges as they get appointed, the benefits of this are that they will be more likely apart from any political and public opinions pressures. unlike Presidents, Mayors and members of Congress are mostly fallowing political interests since they are selected by the presidents making sure that they will insure and fallow as more as possible their goals. Presidents shouldn’t have the power to choose who will serve as a federal judge specifically since the most important decisions are taken there. according to previous readings like the Federalist #10, that Supreme Court is holding an important place in the anti-democratic part of the government. In the process of the selection of legislatures they ensure that the power will be maintain in the same place and that it stays out of range of the orders.
Discussion Board 12
- According to Martin Luther King Jr the difference between just and unjust laws is for what I can understand with in our liberty. We can define a just law as a man made code that fallows the moral law or the law of God and uplifts human personality and well-being. As in other side an unjust law is a human law that is not an eternal law and natural law and, in this case, degrades and enclose human personality and well-being.
- I would be led to believe that MLK distinction between just and unjust laws is accurate specially in the fact of impact in human personality and well-being that are also evolving. I think it makes a huge difference in the way someone lives islive since it’s about doing with is good for you and the people next to you or just something good for an exclusive minority.
- As an example of a just law, we can take the speed limitation on the roads that were made only to ensure the security of all in roads. And for an unjust law we could take that in some states, an individual can lose is driver’s license if he cannot afford to pay is court debt, even for minor offenses that have nothing to do with traffic safety. A valid driver’s license can be important in getting or maintaining a job and this law can disturb it without having nothing to do with your driving.
Discussion Board 11
After 1.5 million female employees alleging gender discrimination in pay and promotion in Wal-Mart’s. the Wal-Mart case the Supreme Court approximately acquire and recognize Walmart fault but closed the case. Since the female employees worked in different job, positions, or locations and so suffered from different problems or people in different ways even though they were all reporting to female segregation. Because of that a lawsuit couldn’t’t be proceed as a single class-action due to the lack of commonality. They were then told that the only remaining way for them was that each employee’s claims had to be pursued individually which was surely impossible for theme.
Discussion Board 9.2
- The “war on terrorism” or “war on terror” is the name given by the American administration to its military campaigns in response to the attacks of September 11, 2001. According to P. Williams the war on terror was a new type of a war since it was partly led by act of revenge and fear it violate the rights of many citizens. People rights were left a side. We can also see this war as the first of its kind as it was mostly about pressure and fear.
- the “Roving Wiretaps” of the Patriot Act seem to violate a few things including amendments and so the Bill of Rights. First it seems like the roving Wiretaps violates the fourth amendment that protects citizens against unreasonable searches without a warrant. Since it can allow investigators to potentially obtain information from innocent parties using the fact that they have been in contact with the suspect even for a casual thing such as a restaurant being contacted by the suspect. This led to privacy violations of those parties so violates an amendment and the Bill of Rights.
- Sneak and peak warrants seem like also violating the fourth amendment since it allows search of a suspect’s property without their consent while they aren’t there. It’s done without immediately notifying the suspect which is not respecting the Bill of Rights at all.
Discussion Board 6.2
- The concept of “faction” in the Federalist Paper #10, reminds me a lot of the concept of ideology that we previously discussed. Both explains the differences between the upper and lower class in the society.
- According to Federalist #10, the private property, the source of wealth among people is reported by the origin of a person’s overall wealth. Most of the time the wealth is not something that we acquire, but something we inherit, and we can improve in order to acquire more. This reality is due to faction lead by the fact that there are different faculties in the society, and we belong to a faculty (Groupe of person that can be a minority, or a majority separated from orders due to their status, rights.) a majority or minority, for our entire life. Indeed, if you weren’t born in the good faculties, it is difficult to move from one to another and gain wealth. This is due to the faculties of men, from which the rights of property originate, financial well-being is maintained by the laws already established and for the protection of these faculties is the first object of government. In conclusion, all those factors explained why some people acquire wealth by owning Private property more easily as they belong to the minority of the wealthy faculties. And others can not only because that they have never been members of these people who are part of this faction whose government benefits leading them to grow their wealth with their property’s.
- I don’t really agree with this explanation of wealth and poverty that is given to us. But it is the hard truth that we also studied in the previous modules. It is difficult to acquire wealth if you don’t come from a wealthy family. I think we could have better way to distribute wealth taking in count people needs but it is not how it works.
- The core mission of the US government would be to protect all different citizens opinions, but they put the wealthy in priorities. This situation has been like that for long and is not on his way to change. Like we have seen on Federalist #10 this in the interest of the founding fathers who were wealthy, property owning men and now owns an important place and want this to stay this way. That’s why it doesn’t surprise me that the priority is given to them since they own so much, they are using the government to protect their wealth. But to prevent riots they say that they are protecting everybody but keep the power in one place to prevent things such as democracy.
- I am not surprised that Federalist #10 is not in favor of democracy and supports a Republican (representative) form of government. it has been rot by a wealthy white man coming from an line of important people and political power, it is then understandable that he’s trying to protect and perpetuate, wealth and power in a political interests. This would also keep the idea of democracy away.
Discussion Board 6.1
- We can see that the social class that wrote the constitution was the class of white men denominated also called gentlemen that owns large land making them powerful and respected. Since the rest of the population didn’t own enough to have a social influence and be respected, they were not excluded from this process. This part of the population was including all Native Americans, African descent, women, indentured servants, and White males lacking sufficient property
- the social class structure of early United States society, can approximately be seen as the same as ours today. There are being a lot of changes for the lower classes, women, African descent that have more rights and are more respected. But we can still see that a significant part of the country is still own and so indirectly ruled by the same social class as before.
- he people who wrote the Constitution felt that democracy was the worst thing that could happen in politics access to government by ordinary people was unacceptable. They did think that the problems of the country were caused by the madness of democracy. They strongly believed that nothing should change that everyone should stay in their social classes so the low classes should have as little to do with the government as possible. The ruling class thought communities were divided in two. the rich and the well-born and the remainder of the population. That is why they were afraid of democracy and recommended a strong and centralized state power to counter the imprudence of democracy
Discussion Board 7
- In the federal, confederation, and unitary systems there is primary differences in the role of citizens in government regarding their degree of power and abilities to participate. Firstly, the federal system is what gives the ability to votes for representatives to the citizens. In this first case citizens have a main place in the government. In another place confederation where power is concentrated in individual states still gives citizens an important place. But it is quite the opposite in the unitary system, where citizens don’t have their place and the power is completely concentrated on the government.
- system of division of power can be understood as a separation in the system to simplify their work and make it more efficient and maintain a balance between legislative, executive, and judicial power. The legislative branch makes the laws with the senators representatives.
- The federal government being the central authority shape the functions and actions of state and local governments by directing them. Since federal government as the highest powers is rules always have an impact on the state and local governments. Their influence is due to the distribution of grants, incentives, and aids. For example during COVID-19 pandemic federal government has influenced the actions of NY state and local governments in terms of economy sending stimulus checks to the citizens it also enhance testing; increase in funds for science research to provide treatments.
Arthur Provost – Discussion Board 4.3
- The richest people of the country, the top 1 percent, owns between 40 and 50 percent of the nation’s total wealth. This made the biggest impression on me since one percent is a really insignificant number of the population. Even if they are not a lot, they are still able to own almost half of the nation’s total wealth, it’s like they own half of the nation’s. When the bottom 90 percent combined don’t even own that wealth. That shows how powerful and wealthy the high social class is and also how they are in control.
- Huge wealth inequalities in a society have big implications as in most of the time it holds back people in their situation and prevent them from increasing to a better one. It also has a big impact on the market prices since this society is more profitable for wealthier than the people that are really in need. The power of this dynamic can be seen as most of the people that should, can’t really realize the situation they are in. It became normal for them since they have always been in this situation. We can see for example social inequalities where the less fortunate whether in a weak position for unemployment or many other situations have less help than higher social class.
Arthur Provost – Discussion Board 4.1
- Means of production and labor are linked, production couldn’t append without them. In fact when making a product, a house for example we will need those two things. First the means of production most of the time they are privately owned instead of owned by the laborers. Those represent all the material you will need in order to make the production like the construction tools for a house. That leads us to the labor this is the only way to increase the value of what we have (like when we use bricks to build a house). Labor is measured in time, meaning that the more time we take to build some things in normal condition the more it increases is value.
- The meaning of value can be mistaken with the price since generally Prices are proportional to the value. But, the value is more about the work (the labor) we need in order to produce an object. So that means that in order to give value to an object the time of production needs to be the longest in normal conditions since the labor is measured in time and the more labor you put into something, the more the value increases.
- As I explained in the two prior answer, labor and value are related by the fact that in order to get more value you need a longer labor time. This is why the two of them are bonded.
- Labor power can be seen as the only commodity that can increase the value of what we have. It is the abilities and the energy we have to put into work. For that we need to entertain and build our body and abilities. As in another side, the labor is more about the time off work we put into something.
- The surplus values are really important since it is the result of the production, and so by the means of production and the labor. In the process of production, we are going to buy a commodity for example a house that we are going to rebuild with the means of production and the labor. This action will then increase the value and give us this surplus value. This is one of the things that created and entertain a huge gap between social classes. We might be led to believe that this process is an equal exchange in order to produce and separate surplus values in equal parts but it isn’t. The capitalist took the control of this process in order to gain more of the surplus values. The commodity of the beginning and all means of production are brought by the highest social class, the capitalist, and they get the biggest part of the surplus value. As all the work, the labor is put on by the working class, and we have seen that the surplus values come from the labor. We can see that at the end of the production the value added by the working class doesn’t really benefit them but make the high social class richer.