Discussion 12.1

  1. According to MLK, just laws are those that align with moral principles and uphold human dignity, while unjust laws violate these principles and degrade human dignity.
  2. Yes, the distinction between just and unjust laws is crucial as it shapes individuals’ moral obligations and guides societal norms. It influences how people interact with the legal system and can drive political movements for change.
  3. An example of an unjust law in the US today could be laws that perpetuate systemic racial discrimination, such as voter suppression laws targeting minority communities. These laws violate principles of equality and dignity. Conversely, a just law could be legislation promoting civil rights and equal opportunities for all citizens, aligning with principles of fairness and human dignity.

Discussion 11.1

In the Wal-Mart case, the Supreme Court decided against allowing a class-action lawsuit on behalf of 1.5 million female employees alleging gender discrimination in pay and promotion. The Court ruled that the plaintiffs failed to demonstrate a commonality of claims necessary for a class-action suit, as required by Federal Rule of Civil Procedure 23. The decision emphasized that commonality requires more than just the presence of a common question; it necessitates a common answer that can drive the resolution of the entire case. In this case, the Court found that the plaintiffs’ claims lacked the required commonality because they did not share a common policy that could be challenged as discriminatory.

Discussion 11.1

The court system, particularly the federal courts, can better protect individual rights compared to elected branches of government due to the appointment process of judges. Unlike elected officials, federal judges are appointed, not elected. This means they are less susceptible to political pressures and can make decisions based on constitutional principles
rather than popular opinion.

For example, consider the Supreme Court’s role in protecting individual
rights during times of societal change.
In cases such as Brown v. Board of Education, the Court overturned laws that allowed racial segregation in public schools, despite significant public opposition. This decision was based on constitutional principles of equal protection under the law, which might have been undermined if left to elected officials influenced by majority opinion.

While some argue that the appointment process for federal judges, including Supreme Court justices, is
undemocratic, it can be viewed as a safeguard against the tyranny of the majority, as discussed in Federalist

The Founding Fathers recognized the dangers of unchecked majority rule and sought to establish a system where the judiciary could act as a check on legislative and executive branches influenced by popular
sentiments.

The appointment of federal judges also helps ensure a level of expertise and independence necessary for interpreting and upholding the law impartially. By relying on qualifications and experience rather than electoral politics, the federal courts can maintain their integrity and protect individual rights more effectively.
In conclusion, while the appointment process for federal judges may be perceived as anti-democratic by some, it serves as a vital mechanism for
protecting individual rights and upholding the rule of law in a democratic society.

sentiments.

Discussion 9.2

The war on terror is new because it’s against non-state actors, involves asymmetrical warfare, and blurs lines between combatants and civilians, challenging traditional war norms.

Roving wiretaps under the Patriot Act potentially violate the Fourth Amendment, as they allow surveillance without specifying the target or location, potentially leading to indiscriminate searches, violating privacy rights.

“Sneak and peek” warrants allow law enforcement to search premises without immediately notifying the target, potentially violating the Fourth Amendment’s protection against unreasonable searches and seizures by delaying notification and undermining transparency in legal proceedings.

Discussion 9.1

1: The Establishment Clause prohibits the government from establishing or favoring any religion. The Lemon Test, derived from Lemon v.
Kurtzman, sets criteria for determining if a law violates the Establishment Clause: it must have a secular purpose, not advance or inhibit religion, and avoid excessive entanglement with religion.

2:Yes, burning the US flag is protected by the First Amendment.
Texas v. Johnson (1989)
established that flag burning is a form of symbolic speech, protected under the First Amendment’s free speech clause.

3:Saying “I’m taking the Fifth” means invoking the Fifth Amendment of the US Constitution, which protects individuals from self-incrimination.
It allows a person to refuse to answer questions in a legal proceeding if the answers could incriminate them.

DISCUSSION 7.1

1:In a federal system, citizens have direct representation at both federal and state levels, with powers divided between them. In a confederation, citizens primarily interact with their state or regional government, with limited central authority. In a unitary system, citizens interact solely with a central government, which delegates authority to local administrations.

2:The division of power refers to the allocation of governmental authority between different levels of government, such as federal, state, and local. This ensures a balance of power and prevents any one level from becoming too dominant.

3:During the COVID-19 pandemic, the federal government has influenced the actions of the NY state and local governments through directives, funding allocations, and guidelines. For example, federal agencies like the CDC provided guidance on public health measures, while funding initiatives such as the CARES Act allocated resources to states like New York for pandemic response efforts.
Additionally, executive orders ano mandates from the federal level influenced the implementation of policies at the state and local levels, shaping their responses to the pandemic.

The social class that primarily wrote the Constitution was the elite, consisting of wealthy landowners, merchants, and lawyers. They held significant political and economic power, as seen in Reading 6.1, where Madison argues for a government that protects property rights. On the other hand, the excluded class was the working class, including farmers, laborers, and enslaved people. They were marginalized and lacked political representation, as highlighted in Reading 6.2, where Zinn discusses the struggles of ordinary people against elite rule.

The social class structure of early
United States society was different from ours today. In the past, the society was predominantly agrarian, with wealth and power
concentrated among landowning elites. Slavery also played a significant role, further stratifying society. Today, while wealth inequality persists,there are more diverse avenues to success, and social mobility is theoretically more achievable due to advancements in education, technology, and labor laws.

The framers of the Constitution feared democracy because they were concerned about the potential for majority rule to threaten their own interests and property rights.
The elite class, which held power during the drafting process, sought to establish a system of government that would protect their wealth and influence from being eroded by the will of the masses. They feared direct democracy, believing it could lead to mob rule and instability, as seen in their preference for a representative republic.

1:Faction reminds me of the concept of interest groups or political parties.

2:In Federalist #10, James Madison argues that the source of wealth (private property) is the diversity in the faculties of men, which refers to their abilities, skills, and talents.
Some people possess wealth by owning private property because they have the capability to acquire and manage it effectively, while others remain poor due to lacking these faculties.

3:I don’t express personal opinions, but this explanation aligns with Madison’s perspective on the origin of wealth and poverty.

4:The core mission or “first object” of the US government, according to the Federalist Papers, is to protect the rights of individuals and secure their property. This may sound different from the contemporary perception that emphasizes broader social welfare or governance objectives.

5:Federalist #10 supports a republican (representative) form of government over a pure democratic one because the author, like Madison, feared the tyranny of the majority. A pure democracy could lead to the domination of the majority faction over minority interests, potentially threatening the rights of property owners and perpetuating social inequality.

Discussion 5.3

1-The statistic that made the biggest impression on me is the wealth gap between the top 1% and the bottom 90% of the population. This statistic is striking because it reveals the stark contrast in wealth distribution, indicating a significant concentration of wealth among a small fraction of the population. It underscores the widening gap between the rich and the rest of society, raising concerns about social and economic disparities.

2-Living in a society with significant wealth inequalities can lead to various implications, including social unrest, limited social mobility, and disparities in access to opportunities such as education and healthcare. This dynamic is often manifested in everyday life through visible disparities in living standards, educational attainment, and access to resources. For example, in affluent neighborhoods, individuals may have access to better schools, healthcare facilities, and job opportunities, while those in economically disadvantaged areas may struggle to meet basic needs and face barriers to advancement. This disparity perpetuates a cycle of inequality, reinforcing social divisions and hindering overall societal progress.

Discussion 4.2

Explanation :In the capitalist class, individuals possess both wealth and the means of production. To comprehend how capitalists sustain and augment their wealth, we delve into the concept of M-C-M’. This diagram encapsulates the process where money (M) is initially used to acquire commodities ©, which are then sold to yield more money (M’). The essence lies in the circulation of capital the continuous cycle of investing in goods, selling them at a profit, and reinvesting. This mechanism, as explored in the self-assessment exercise questions 1-7, underlines the capitalist strategy of accumulating and expanding wealth through strategic financial transactions.

Answer:M-C-M’ represents the capitalist cycle of investing money to acquire commodities, selling them at a profit, and reinvesting to sustain and increase wealth.