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Friday, November 28, 2008

Constitution Assignment Part B

Section 1 of Article 4 in the Constitution ensures that laws in other states are respected by the other states. This means that a gay couple that is married in one state is also married in another state. Even though gay marriage is not legal in many states, these states must accept gay couples who are married in another state. Therefore, if a gay couple wants to get married but they are living in a state where gay marriage is not allowed, they can go to a state where gay marriage is allowed and then move back to the state they came from. The “Full Faith and Credit” provision in Article 4 limits states so that the states cannot stop people from doing something legal in their state but illegal in other states.
The amended portion in Section 2 of Article 4 guarantees that slaves, in one state, escaping to another state are not free from the state and that they must be returned to the state. If slaves were able to be freed from their states by running away, then all slaves would attempt to run away to be free. Then if all slaves ran away – or killed because they failed to run away – from their states, then the white people back then would not have anyone working for them for free. These white people included the rich white men who signed the Constitution and wrote “we the people” in the Preamble. This proves that “we the people”, as stated in the Preamble, are not really the actual citizens of the United States but they are the rich white men who did not think about the slaves.
The 2nd Amendment allows only “well-organized militias” to have guns because they are regulated by the government. These people carry guns to protect the country and they are well trained so it reduces the chance of an accident happening. Not everyone should carry guns because some people are not well trained and they may abuse the right to carry a gun. It is especially dangerous if children are around adults who carry guns all the time; the children may want to get their hands on the gun or the gun might go off unintentionally. “A well regulated militia” should only be allowed to carry guns for the safety of the country and the citizens.
I do not think the 4th amendment is contradicted by MTA, library, and/or airport searches because the MTA, the library, and the airport have a reason to search people. They search people for dangerous weapons that may harm the people and weapons that may seem like an attack on the country. In order to prevent events like the 9/11 from happening, the police increased the frequency of the searches. If the police only searched a particular group of people, then the police are not doing their job correctly. But if they are searching to prevent attacks, then I think the police has the right to search people with a reason.

Thursday, November 27, 2008

Constitution Assignment Part A

The Preamble states that the Constitution is created to ensure that "we the people" create an orderly, stable and just society. The goals are to create peace, defense for the people, welfare, and freedom.
Article I LEGISLATIVE BRANCH
  • Closest and most directly responsible to the people
  • Two parts: balance each other
  • Requires approval of both House of Representative and Senate
  • Most responsive
  • Elected every 2 years
  • Representatives represents their own state
  • Census conducted every tens years to determine number of members of Congress
  • Special elections are held to replace members that are missing
  • Limit president by choosing speakers
  • Able to impeach
  • Limit larger states from dominating
  • Each state gets 2 senates
  • Elected every 6 years
  • 3 elections within 6 years
  • represents their own states
  • vice president votes to break ties
  • senate cannot be influenced by other branches
  • senate becomes court during impeachment
  • 2/3 senate must vote to convict
  • convicts cannot be a part of the United States government
  • elections are held the first Tuesday of November on even years
  • congress meet with president on January 3
  • congress controls its own members
  • they create punishments and penalties
  • must keep journal
  • congress must deal with each other
  • congress cannot be arrested for what they say
  • people in the executive branch cannot be part of congress
  • house of representatives start tax bills
  • house of representatives and senate must pass bill for president to sign it
  • if president veto it, more than 2/3 congress must override veto
  • if president does not sign for 10 days, it is a pocket-veto
  • tax rate is equal throughout the united states
  • congress can borrow money
  • power to create clear, simple, system of trade
  • congress controls how immigrants because citizens and how to deal with bankruptcies
  • controls the value of money
  • controls mail system
  • controls who studies technology
  • controls courts other than the supreme
  • power to declare war
  • create armies
  • regulates army
  • makes rules for the government; regulates land and navy
  • each state is responsible for their security
  • capital of the country is Washington DC
  • power to create laws
  • citizens cannot get arrested without committing a crime
  • citizens cannot go to jail without going through court
  • tax depend on personal income
  • exports are not taxed but imports are
  • controls trade between state boundaries
  • president cannot take money from the country
  • other countries cannot bribe government officials
  • states can only control affairs in itself and not between states
Article II EXECUTIVE BRANCH
  • Constitution does not put many specific restrictions on the executive power.
  • Electoral College: state legislatures decide how electors for that state will be chosen. Number of electoral votes = Number of Senators and Representatives.
  • The Tuesday after the first Monday of November, every 4 years: when electors cast their ballots. Decided by the Congress
  • Requirement: 14 years of living in the US, natural born citizen, 35 years old.
  • VP becomes president if president dies or resigns
  • The Congress cannot change the salary of the president ($ 200,000) in the middle of a term
  • When the president takes office, they swear oath to the Constitution and only the Constitution (not the country of USA).
  • Military Powers: the president would be the commander in chief, for the army and the navy of the US.
  • President has the power to grant pardons.
  • Heads of the executive departments = cabinet. Require their opinion in writing.
  • Treaties; appointment: need the approval of senates/ Supreme Court
  • give a state of Union address occasionally
  • adjourn Congress if 2 houses are divided about it
  • Receive ambassadors and commission officers
  • Make sure the laws of the US are faithfully executed
  • The president and VP will be taken out of office if they’re discovered committing treason, bribery or other high crimes.
Article III JUDICIAL BRANCH
  • Salary of the federal judges cannot be reduced: maintain their “good behavior” and judgments
  • The Supreme Court handles cases involving the Constitution, federal laws, treaties and diplomatic officials, international cases between the US and another country, between 2 states(no longer applies; restricted in 1795 by the 11th amendment)/ citizens of 2 states.
  • can appeal judgments of lower courts
  • first ones to hear and decide cases (foreign ambassadors and individual states)
  • every case but impeachments
  • Jury made to make sure the government does not make judgments hastily and does not make unjustified judgments.
It felt overwhelming when reading and taking notes on the Constitution because it was like 3 pages of words to read. Most of the information were review but I also learned from reading the first three articles of the Constitution.

Insights and Questions:
  1. What is the definition of "just" for the courts?
  2. "We the people" may not refer to the actual people of the United States because it is written and signed by rich white people in history.
  3. I think that the Constitution's definition of treason contradicts The First Amendment. Treason should only apply if one acts upon it.
  4. What happens when a judge is not doing the job?
  5. Legislative Branch has more power and responsibility than the others.

Thursday, November 6, 2008

Reaction To Election

This election made me wonder if Obama is really going to make a change in the American history. It feels as if many people see this election as an African American candidate running against a Caucasian candidate. I remember people wishing that one day there will be an African American president so that African Americans will not feel inferior. Now that America has an African American president, it would not make sense for people to discriminate against African Americans. But America has been fighting against discrimination for years and I don’t think that Obama being the president will decrease the amount of racism.

The elections also made me wonder if Obama is able to get America out of this big “ditch” and get America back on track. I think that the whole point of this election and the whole point of choosing a president are so that America can be successful. Electing Obama (or McCain) will not get America out of this big ditch and America might be worse than it is right now. The probability of anyone getting America out of this state is very slim so basically this election is just delaying what is going to happen to America. I think that Obama decided to run for president at a wrong time because he is going to give a bad impression since he is unable to aid America.