Article IV: Paraphrase the “Full Faith & Credit” provision. What does that mean for gay marriage? Explain. Paraphrase the amended portion that begins, “No person held to … may be due.” Why does this matter?
"Full Faith & Credit" provision is stating that any laws written in a certain state has to be respected by all the other states. So if a gay couple gets married in a certain state, they will remain married even if they move to a different state. This provision has the potential to legalize gay marriage throughout the whole America, even if just one state allows gay marriages. Any gay couple can go to that one state to get married and then return to their home state.
In clause 3 of section 2, it states that slaves running away to another state does not free them. Any fugitives would have to return to their original states and continue working. The significance of this clause is that without it, there would probably be less of a difference in economical classes. If slavery could be abolished simply by the slaves running away, then the free labor that created the economical gap would disappear. This clause also reveals the dark side of the United States. America is supposed to be the country of freedom and equality, but then we had slavery in our country for centuries. And not only that, there was a part of our Constitution that prevented them from getting freedom. So not only did the slaves have to work without any wages, any chance of escaping and obtaining freedom was eliminated by a document that is suppose to be about the rights of "the people."
Article VI: What is the Supreme Law of the Land? What is the significance, in your opinion, of the “No religious test” clause?
The Supreme Law of the Land is just another name for the Constitution. It is referring to all the laws that everyone in the United States have to follow. In Article 6, Section 3 it states that "no religious test" is required. I believe that the significance of that is not to truly eliminate any sort of filtering in the government office because of one's religion. Instead I think it is used to promote a sense of equality. By including this "no religious test," it sends a message to the people, saying that everyone is welcomed and that no one will be discriminated based on their background (and this is true, but only to a certain extent). I think that this clause was written not to draw in people to create a diverse government but draw in the people and to gain their trust.
Amendment 4: Is the 4th Amendment contradicted by MTA, library, and/or airport searches?
I believe that it is. The fourth amendment states that the people have the rights to privacy and any evidence that was illegally obtained is not allowed to be used in a court against them. By having these searches, they are violating that amendment. The people doing the searches are invading the privacy of others. And even if they find evidence that they are holding something illegal, they are not supposed to use the found object as evidence. The searches may be necessary since it's there to prevent any attacks against the United states, but it does contradict the fourth amendment.
Amendment 9: What do the 9th remind us about where rights ultimately come from? Are they given by government? What are some of the “others retained by the people” in your opinion? Is abortion one of them?
Our rights stated in the first 10 amendments do not come from the government or the Constitution itself. It is just our rights as humans. By existing, we are supposed to have the right to do whatever we want. Society and forms of government were just created to limit those rights. So even though, we are given this "freedom" in America, we are really just being less restricted.
I think that the "others retained by the people" are rights of the people. For example, the freedom of speech or religion. I think that abortion is one of those rights. In the Constitution it does not mention anything about abortion therefore it is a right of the people, but yet it is still prohibited.
Sunday, November 30, 2008
Part A Consitution Work: Articles 1-3
The Preamble states the Constitution was created in order to make America as a whole, better for the people. And if it is followed properly, it will create a society where the people and their freedom are protected. The Preamble is simply saying that the Constitution will change America into an ideal and justified place for the people to live.
Article I LEGISLATIVE BRANCH
- Divided into 2 parts in order to create a balance: House of Representatives and Senate
- Most responsive to the people
- Representatives represents their own state
- Is able to limit the president by deciding on the speaker
- Have the ability to impeach the president
- Congress is required to meet with the President on January 3
- Decide on punishments and penalties
- Must keep journal
- House of Representatives start tax bills
- Congress can override the President's veto if 2/3 agree upon it
- Congress can borrow money
- Have the power to create clear, simple system of trade
- Regulates land and navy
- Create laws, as well as rules for the government
- Congress controls how immigrants become citizens and how to deal with bankruptcies
- Congress is also able to control: the value of money, the mail system, technological studies, lower courts
- Able to declare war
- Create and regulate armies
Article II EXECUTIVE BRANCH
- The President is required to swear oath to the Constitution
- President becomes the commander in chief of both the navy and the army
- Is able to grant pardons
- Has to give a state of Union address occasionally
- Adjourn Congress if 2 houses are divided about it
- Receive ambassadors and commission officers
- It is the president's duty to make sure the laws of the US are faithfully executed
Article III JUDICIAL BRANCH
- Have to maintain their “good behavior” and judgments (therefore their salary cannot be reduced during their term)
- 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.
- Is able to appeal judgments of lower courts
- First ones to hear and decide cases (foreign ambassadors and individual states)
While I was doing this assignment, I did not have any feelings towards the work. I just felt like it was just a part of what we were supposed to do as students. But in terms of the information that I learned, I felt somewhat annoyed. I was annoyed that we did not study the actual Constitution when we were learning about it earlier in middle school. In addition, studying this made me realized the contradiction between the Preamble and the condition we are in today, and that aggravated me as well.
Five Insights/Questions
1) Although the Preamble states that the Constitution was written "in order to form a more perfect union," it appears that it creates a separation between the people and the government. The Constitution actually aids the government more and give them more power, while in the Preamble it made it seem like it would benefit the people.
2) Are we following the Constitution to its full intentions? Why or why not?
3) Why is it that there are so many specifications in Article 1: Judicial Branch? Does it have to do with it being the most responsive to the people?
4) How does the government revise the Constitution? What process do they have to go through in order to change the original clauses? Is this process similar to how a bill becomes a law?
5) How can a country truly be just and "establish justice", if a judge's salary is their source of good behavior and good judgment?
Article I LEGISLATIVE BRANCH
- Divided into 2 parts in order to create a balance: House of Representatives and Senate
- Most responsive to the people
- Representatives represents their own state
- Is able to limit the president by deciding on the speaker
- Have the ability to impeach the president
- Congress is required to meet with the President on January 3
- Decide on punishments and penalties
- Must keep journal
- House of Representatives start tax bills
- Congress can override the President's veto if 2/3 agree upon it
- Congress can borrow money
- Have the power to create clear, simple system of trade
- Regulates land and navy
- Create laws, as well as rules for the government
- Congress controls how immigrants become citizens and how to deal with bankruptcies
- Congress is also able to control: the value of money, the mail system, technological studies, lower courts
- Able to declare war
- Create and regulate armies
Article II EXECUTIVE BRANCH
- The President is required to swear oath to the Constitution
- President becomes the commander in chief of both the navy and the army
- Is able to grant pardons
- Has to give a state of Union address occasionally
- Adjourn Congress if 2 houses are divided about it
- Receive ambassadors and commission officers
- It is the president's duty to make sure the laws of the US are faithfully executed
Article III JUDICIAL BRANCH
- Have to maintain their “good behavior” and judgments (therefore their salary cannot be reduced during their term)
- 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.
- Is able to appeal judgments of lower courts
- First ones to hear and decide cases (foreign ambassadors and individual states)
While I was doing this assignment, I did not have any feelings towards the work. I just felt like it was just a part of what we were supposed to do as students. But in terms of the information that I learned, I felt somewhat annoyed. I was annoyed that we did not study the actual Constitution when we were learning about it earlier in middle school. In addition, studying this made me realized the contradiction between the Preamble and the condition we are in today, and that aggravated me as well.
Five Insights/Questions
1) Although the Preamble states that the Constitution was written "in order to form a more perfect union," it appears that it creates a separation between the people and the government. The Constitution actually aids the government more and give them more power, while in the Preamble it made it seem like it would benefit the people.
2) Are we following the Constitution to its full intentions? Why or why not?
3) Why is it that there are so many specifications in Article 1: Judicial Branch? Does it have to do with it being the most responsive to the people?
4) How does the government revise the Constitution? What process do they have to go through in order to change the original clauses? Is this process similar to how a bill becomes a law?
5) How can a country truly be just and "establish justice", if a judge's salary is their source of good behavior and good judgment?
Thursday, November 6, 2008
Assignment #7: Election Reaction
During this 2008 presidential election, I realize that what the candidates are doing are very respectable. I never really cared about politics (and I still don't), but this particular election drew my attention. The fact that there are still people who are willing to try to get America back on its feet shows a lot of courage in those individuals. In the conditions that America is in now, I am surprised there are still people who would attempt this extremely difficult task of improving America. Regardless of their intentions, I still believe that America is in such a deep ditch that nothing can make much of a difference. I'm just wondering whether or not Obama or McCain has acknowledge this as near-impossible yet. (Not really Obama, because it's kind of obvious that he hasn't since he's all about "hope and change").
It also appears that people have cared more about this election than any before. For example, there were t-shirts made and dance competitions were organized all because of this year's election. I feel that people have made the election a much bigger deal than necessary, especially in school. People have been screaming throughout the whole day that the president was decided. There were also people who planned on not going to school if their desired candidate was not elected. I feel that, as students the presidential election should not concern us so much, to the point where such reactions are provoked. It almost seems as though the presidential elections have become part of pop culture.
It also appears that people have cared more about this election than any before. For example, there were t-shirts made and dance competitions were organized all because of this year's election. I feel that people have made the election a much bigger deal than necessary, especially in school. People have been screaming throughout the whole day that the president was decided. There were also people who planned on not going to school if their desired candidate was not elected. I feel that, as students the presidential election should not concern us so much, to the point where such reactions are provoked. It almost seems as though the presidential elections have become part of pop culture.
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