Sunday, August 29, 2010

Tenth Amendment

Source: http://findarticles.com/p/articles/mi_qa3898/is_200106/ai_n8957874/

Constitutional Connection: Tenth Amendment- 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.

Explanation of Connection: King argued that the CSRA (Child Support Recovery Act) violated the tenth amendment and gave Congress too much power. I totally disagree with him. There is nothing in the constitutional that says "it is the states/ parents responsibility to pay child support" therefore it can be left to anyone. Anyway if you are man/ woman enough too lay there and have a baby you should be man/ women enough too take care of the child and be apart of their life. Too be a "dead beat" parent makes you trifling and makes you a bad person. If a child is put into the system the DCFS takes care of them by way of putting them in group homes, placing them in foster families, providing them with money and finances, etc. If that is YOUR child why is it so hard for you to do the same. I feel that Congress should enforce the CSRA because your children are your responsibility. You knew your life, your circumstances, your predicaments, your problem or whatever before you had a child so they are not excuses for you not being about to take care of them no matter your age. If you were grown enough to produce children then assume the responsibility that comes with it. I think the CSRA was a great idea because people are becoming too lackadaisical and nonchalant when it comes to their children and it is causing children and single parents too many problems. Therefore this is not a violation to the tenth amendment it is an enforcement of the tenth amendment.

Fifth Amendment

Source: http://www.washingtonpost.com/wp-dyn/content/article/2006/06/21/AR2006062100263_pf.html


Constitution Connection: Fifth Amendment " 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 offence 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."




Explanation of Connection: This article explains how Data Brokers use their profession for illegal purposes for example retrieving telephone records without warrant or subpoenas. That is a violation of Americans rights. They are taking private information which can be looked at as property and using it without compensation. They manipulate people and use them so that they can hack the system and get their information. It was reported that they also sold people information for fifty dollars. I feel that this is an illegal act and they should monitor people who are data brokers and people in similar fields. Things like this can and will put people in major debt that they will not be able to pay and they should not have to pay. I do not think people like that should be giving second chances. If some one trick you once they will definitely try it again so that they can make advancements in their lives. What would be a punishment for someone who commits such a crime? I do not agree with what they are doing at all because there are thousands maybe even millions of people struggling now due to dumb decisions like this.

Saturday, August 28, 2010

Fourth Amendment

Source: http://www.engadget.com/2010/08/27/court-reaffirms-fourth-amendment-rights-not-violated-if-the-pol/

Constitutional Connection: Fourth Amendment. "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." -US Constitution.

Explanation of Connection: Jean Pineda-Moreno is now in jail for growing marijuana. He got caught because police officers planted GPS devices on to his car. He appealed because he said that went against his right to the fourth amendment. He didn't have any knowledge of what was going on until after it happened. I don't agree with what they did but on the other hand he was in the wrong. Marijuana is an illegal drug and he had possession over it. He violated the law so he cannot be angry because his rights were violated. Even though that doesn't make what they did right they was just trying to bust a criminal. Also some states can create their own laws saying if a warrant is need or not to attach GPS devices on to criminals cars. I disagree with that idea though. I think it is not rght and its a violation. It is as if someone is stalking you watching your every move, which police officers do to criminals anyway, and I think its just something officers are trying to do to make their jobs easier that they are.

Sunday, August 22, 2010

Freedom of Assembly

Source: http://www.nytimes.com/2009/04/11/world/europe/11georgia.html?scp=12&sq=freedom+of+assembly&st=nyt

Constitutional Connection: First amendment, Bill of Rights, freedom of assembly.

Explanation of Connection: This article talks about how the people of Georgia rebels against its government because they don't believe that Mr. Saakashvili is capable of maintaining his title. They believe that his is foolish, despotic, and unfit for his title. So they people began to protest. They threw carrots and cabbages at his house the article said they accused Mr. Saakashvili of being "as cowardly as a rabbit." The public stated that they were not going to create an anarchy but if he failed to listen to them as he had promised that they would protest more and more.
I don't think that this protest should have been allowed because they were not peaceful. The acted with violence. They should not have been allowed to assemble because of how rebellious they were.

Right to bear arms.

Source: http://www.nytimes.com/2010/06/29/opinion/29tue1.html?ref=second_amendment

Constitution Connection: Bill of Rights, Second Amendment, Right to bear arms.

Explanation of Connection: This article talks about how the District of Columbia tried to ban guns due to the amount of Americans that die due to fire arms, which is about 100,000. That was overruled because that would be unconstitutional. Therefore they can not enforce that ban because it would violate the people's rights. So instead of them banning guns in general they put restrictions on who can and cannot buy guns and the places were you can have them. So felons and mentally ill people do not have the right or authority to buy guns because they are more than likely going to was it for no good. Guns can not be carried in schools or governmental buildings because they are considered "sensitive places" which is reasonable.
  I agree with the restrictions put on the gun carrying but I don't think it will make much of a difference. Most of the guns that are used for killing are not registered guns. If that's not the case then they are already in the wrong hands. Also if people are not allowed to buy guns they will have an eligible person by it for them or they might just steal it from someone else. I think that this is a great idea to enforce. On the other hand I don't believe it will be as successful though. We as Americans should do more to fight against or add more restrictions to the gun policies.

First Amendment Freedom Of Speech

Source: http://offthewahl.com/editorialcartoons/2005/screen/0507tc.gif
Constitutional Connection: First Amendment, Bill of Rights, freedom of speech.
Explanation of Connection:
   In Thomas Jefferson's statement he said "our liberty depends on the freedom of the press, and that cannot be limited without being lost". In my opinion he is saying that freedom of speech is mostly referring to press. Not just the freedom to say whatever you want to say whenever, even though you have that freedom as well. He is expressing how important it is to have freedom of press and that having limited press is just like not having it at all. When a country takes the freedom of press from their people its just like taking away their liberty and freedom. People are entitled to the freedom of the press.
    Theodore Roosevelt said "free speech exercised both individually and through a free press, is a necessity in any country where people are themselves free." I believe that he is saying if you want to have a free country people should be able to say whatever whenever through the press and in just basic conversation. If that isn't the case then you aren't really free.
   The cartoon also suggested the the Generation Y (people born from the 1980's through the 1990's, my generation) doesn't appreciate the right to the freedom of speech.
   I agree with Jefferson and Roosevelt because if people were not able to print whatever they want and how they feel about a certain situation we would not know much about what's happening in our world today. We would be uneducated when it comes to most things. Also if we didn't have that freedom we would be constricted in our everyday life. We would feel caged and like we were being suffocated, and like we had to watch our selves and every word that we said to avoid consequences. I agree with the statement about "generation y" to a certain extent. I don't think we fully appreciate it because we don't know what its like to be without because we really don't have to fight for anything and we weren't faced with the same challenges as the other people and people who fought for the rights we have.