Saturday, August 28, 2010

Powers of the States and People

Source:
"GOP Health Care Lawsuits"

http://www.politicalcartoons.com/cartoon/6e72db87-9921-424d-868f-8a0d6cb4d287.html

Connection to the Constitution:
Amendment 10: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Analysis to the Connection:
       When the tenth amendment was created the founding fathers had each state be in control of their own power and its people.  The powers could not be prohibited from the states and was reserved to them in a respectful way and manner.  The states could have done things their own way.
       The 10th amendment protects each states control and power and its rights.  The states had full protection from this amendment because they had control within their area.



       In the political cartoon above shows that the government is giving states healthcare but the states say its only a privilige which means they can take it whenever.  The government agents say they are on the same side as cancer which means there should a cure and a way to treat and remove it.  So this Political cartoon is saying that it is a violation of the tenth amendment because the purpose of the amendment is so that each state is control of its actions and decisions.
       I agree because the government means it is controlling the whole country but that of course is a violation of the tenth amendment.  The only way I believe this political cartoon is not violating the tenth amendment is that if it enforced the fourteenth amendment.

Trial and Punishment, Compensation for Takings

Source:
"Ashcroft Aide Threatens to Take the Fifth"

http://www.politico.com/news/stories/0909/26745.html

Connection to the Constitution:
Amendment 5: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Analysis to the Connection:

       The founders made sure that citizens had the right to be involved or cooperating in a state or infamous crimes.  No person can can be subjected to cooperate in a same offense they already cooperated in.  The founders wrote that no one would be involved in a criminal case to be a witness against himself.  The person must be given some type of compensation for being a public use. 
       The founders created a certain process where any citizen can plead the fifth in a public matter or case.  The citizen cooperating shall recieve certain compensation for participation.

John Ashcroft Pleads the Fifth to from Testifying
       In the article "Ashcroft Aide Threaens to Take the Fifth",  Attorney Ashcroft is pleading the "Fifth to avoid from testifying in a case against a GOP lobbyist."  Ayres said that he is pleading the fifth because he is not going to give up information that will end up incriminating him.  He is not going to speculate on the problem because he is saying that he has no right to cooperate in a case he had no connections with.
       I agree with him because he has a choice and in this case he is being invovled it is a state matter and the fourth amendment says citizens have the right to keep silence if it is a trial against the state.  If he says he has no connection with the case then there is no way you can prove it wrong unless you have a different eye witness that can testify that he actually was involved.

Search and Seizure

Source:
 "Strip Search of Middle School Student Illegal: Supremes"

http://www.newser.com/story/62823/strip-search-of-middle-school-student-illegal-supremes.html

Constitutional Connection:
Amendment 4: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Analysis of the Connection:
        The founders had made sure that not one person's safety would be violated unless probable cause.  No warrant should be in affect unless the person is the suspect of infridgement or treason.  If there was to be a seizure there has to be a confirmation of the warrant describing the place that is going to be searched. 
        The founders made sure that there has to be an Oath and affirmation of a search and seizure.  The founders made sure there cannot be unreasonable searches and seizures or this would a violation of the fourth amendment.

Associate Justice of the Supreme Court ruling the strip search on an Arizona Middle School
       In the article "Strip Search of Middle School Student Illegal: Supreme",  Arizona had ordered a warrant to search 13 year old teen who was suspected to carry prescription strength ibuprofen which was illegal.  The school went to get the warrant approved by the Supreme Court where it was successfully approved by an 8-1 ruling.  The teen was searched and no pills or drugs were found.  The search came up negative and the school officials could not be hold liable because they took it to the Supreme Court after the teen had filed a lawsuit.
       I for one agree the school officials could be held accountable for the results and violation of the teen's rights because the action they took did not break the fourth amendment.  The warrant had been approved by Supreme Court justices because of the probable cause.  The reason for illegal drugs was no unreasonable because it could have been a possibility.

Sunday, August 22, 2010

Freedom of the Press

Source:
"U.S. Students say Press Freedoms go too Far"

http://www.usatoday.com/news/education/2005-01-30-students-press_x.htm

Connection to Constitution:
Amendment 1: "Freedom of Press-Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Analysis of the Connection:  
     The founders created the first amendment so that citizens could have all the freedoms they could want, but with certain limits.  When they created this amendment they were careful of what rights should be given and that everything had to be in a respectful way.  
     The founders made sure that all rights to all citizens would be equal and that not one race had the upper hand.  The rights could only be taken to an extent as long as it did not become offensive to people.  
Students protesting about Freedom of the Press

       In the article "U.S. Students say Press Freedoms go too Far", students say that the press should be more careful and strict of what they release in the public.  Many students took surveys of what they thought about the freedom of the press.  Other students say that the press should release stuff out to the public that helps people better understand the first amendment and its purpose.
    I on one part agree with the students because sometimes the press releases stuff out to the public that is either necessary or appropriate for adults and young adults.  I believe that the freedom of press should be studied thoroughly so the press knows what is right to publish or what is wrong because the 1st amendment limits the rights to the press to an extent where it does not become a violation of the amendment.

Right to Bear Arms

Source:
"Mexico Calls for Weapons Crackdown"

http://www.politico.com/news/stories/0710/39957.html

Connection to the Constitution:
Amendment 2: "Right to Bear Arms-A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Analysis to the Constitution:
       The purpose of the second amendment is to provide weapons for only militia and law enforcement.  People cannot carry weapons if they are to violate the second amendment and will be prosecuted for infringement.   When this amendment was created it was only to ensure the safety and well being of other people.
       The founders made a loop hole in this amendemnt that only certain people such as military and law enforcement to carry weapons and not citizens.
Ambassador Arturo Sarukhan asking Congress to Help Stop Weapon Smuggling

       In the article "Mexico Calls for Weapons Crackdown," Ambassador Arturo Sarukhan asks Congress to help out with weapons smuggling.  Arturo says they are not violating the second amendment but the weapons smuggling has to stop.  He said, "that cartels are purchasing nearly all of their assault weapons and other guns from American vendors."
       I would have to completely disagree with Arturo because they are violating the second amendment and are not following by its purpose because cartels are buying the weapons and they are not a militia but gangs.  What he should actually be saying is that Mexico and American vendors are violating the 2nd amendment and they should be stopped.

Freedom of Speech

Source: 
"Dr. Laura, Sarah Palin, and the Fight over Free Speech" August 20, 2010

http://news.yahoo.com/s/ynews_excl/20100820/pl_ynews_excl/ynews_excl_pl3441

Constitutional Connection:
Amendment 1: "Freedom of Speech-Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Analysis of the Connection:
       The founding fathers had given each citizen of America certain rights that could not be violated by any law or by congress or anyone.  They had created certain limits to each right so not one person would violate the amendment.  When it comes to freedom of speech the limit it reached was that it could not become offensive to the people.  
       The people and government are both in control of this first amendment as long as none of them violated it.  The founders made sure that if anyone would violate the amendment would be charged for infringement. 
Dr. Laura Schlessinger opinion of the First Amendment
        In the article " Dr. Laura, Sarah Palin, and the Fight over Free Speech," Dr. Laura says that she wants her first amendment rights to be given back.  She says that "special-interest groups were limiting her freedom to express herself."  Sarah Palin leaves a tweet in twitter saying that America should not being criticizing her for expressing herself but being thankful for Dr. Laura standing up for what she believes is right.  Laura Schlessinger states that in the constitution it says "Congress shall make no law" which denies her to express herself freely.
       On one part I disagree with Dr. Laura because there are certain things you are allowed to say on national tv like when she had said the N-word many times on air.  This violated the freedom of speech right because what she had said was offensive to many people watching the show.  On another part I actually agree with her because she had apologized and shared with the people of what her opinion was on the first amendment which was in no violation of it in any kind of way.  Even though she had shared her opinion she did not violate the amendment but the special-interest group did because they had no right to limit her freedom of speech beside the government or state.