Sunday, August 29, 2010

States in Charge

Source: "Angle defends conservative positions"  August 18, 2010
http://www.politico.com/news/stories/0810/41235.html

Sharron Angle Renewed calls for the Elimination of the Education Department
 Constitution Connection

The Tenth Amendment to the United States Constitution:
"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."

Connection Explanation 

The tenth amendment simply says that powers not warranted by the Constitution or federal government will reside up to the individual states to make. It's a good use of constitutional federalism.
In the article "Angle defends conservative positions" Sharron Angle is addressing her statement that Social security should be more private and we should eliminate the Education Department. People were outraged, but she replied that States, under the 10th Amendment, have sovereignty.  Her conservative views are winning her a lot of votes against Harry Reid though.
I don't think education should only be individual states responsibility,that kind of thinking is what got children in the predicament we're in today. People don't pay enough attention to education, but if it became a matter of the government to handle on a more serious basis then things would change for the best. So in the long end I don't agree with Sharron Angle's opinion of eliminating the education department.

I Plead The Fifth

Source: "Fifth Amendment: No Longer a Shield Against Government"  February 2, 1994
http://articles.latimes.com/1994-02-02/news/mn-18241_1_high-court
Constitution Connection

"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."

Connection Explanation


The Fifth Amendment protects peoples from incriminating themselves and protects citizens from the Government. This includes keeping private property private which could also be connected to the fourth amendments rights.

The Fifth Amendment doesn't stand for what it used to according to the article "Fifth Amendment: No Longer a Shield Against government". Senator Bob Rockwood was fighting sexual harassment charges, and while on trial he was asked to surrender incriminating this such as diaries and past work records. He pleaded that this violated his fifth amendment. But if the governments demand doesn't need an oral testimony then it doesn't violate the fifth amendment.

I don't agree or disagree  this article, i personally thing the Senator had to be guilty of the crime if he wanted so badly to keeps things private. But if he wants to keep things private he should have liberty to do that. I think the law was wrong for trying to take his privacy away but i also think the senator was dramatic for pleading the fifth.

Search & Seizure

Political Cartoon on The Fourth Amendment
Source: "High Court OKs Routine Testing of Students for Drugs : Education: Ruling involves high school athletes but has potential for exams of all pupils. Children don't have the same Fourth Amendment rights as adults, justices say." June 27, 1995

Constitution Connection

Fourth Amendment to the Constitution:
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.

Connection Explanation

The Fourth Amendment was made to uncomplicated peoples right to have privacy, police and other officials aren't allowed to search citizens homes or other private possessions. It is unconstitutional to violate those rights, even if they're children.

In the article I chose California had a dispute over whether it is right or not to test teens for drugs in school. The Supreme Court ruled that teenagers could be forced to take random urine test for illegal drugs in their high schools. Justice Antonin Scalia said that children do not have the same rights as adults. So in other words their constitutional rights don't count. Attorney for the National School Boards Assn., Gwendolyn Gregory's opinion was that this idea wasn't fool proof. What happens when someone refuses to cooperate, do you refuse to let them learn in school. That would lead to violation more and more rights of  free people with rights, even if you don;t think of children that way.

I don't agree with the Supreme Courts rule to allow drug testing. Their goal to eliminate drugs from schools is good but if you violate a right in the process then you aren't doing it in the right way. I wouldn't like it one bit  if ,y school made it mandatory to get tested for drugs. I find it a hassle to have to get a new physical every few years. What's the point of the Constitution if it can be ignore whenever people want to.

Monday, August 23, 2010

Safety Lies in Weapons

Source: "Chicago gun law may not be bulletproof" July 11, 2010

Constitutional Connection
Second Amendment to the United States Constitution:
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.
Conection Explanation
The Second Amendment gives people liberty to carry weapons to protect themselves. Our founders hought it neccessary to be well capable our keeping ourselves out of harms  way. It hoever does not specify how peole can use there weapons. Which leads to many using hen for unneccessary harm.
 
In the article "Chicago gun law may not be bulletproof" it talks about Chicago getting suesfor it violating people second Amendment right to bar arms at home when they banned gun shops in Chicago. The Supreme court sided against Chicago and we had to lift the bann. People could not be unprotected when so many would still have weapons. People had a constiutional right o protect themselves and a City can't go against that.
 
I agree with the Supreme Courts ruling that Chicago citizens have a right to keep guns. So many gang members and burgerlers will still have weapons and if other citizens can't get them it leave thugs with an advantage. Some peopole shouldn't keep guns but i don't see a way in stopping that now, guns are too easy to get your hands on now a days.

Sunday, August 22, 2010

Whatchu Say?

Dr. Laura Schlessinger at her radio show before she left over controversy.
Source: "Palin: Dr. Laura no racist" August 20, 2010
http://www.politico.com/news/stories/0810/41288.html

Connection to Constitution

The First Amendment to the United States Constitution:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,...

Connection Explanation
Freedom of speech is the freedom to express yourself through words without being punished or reprimanded.There has to be a balance between speaking your mind and crossing the line though. When does freedom of speech get too liberal, I think when people say things that harm others. 

In the article "Palin: Dr. Laura no racist" a radio show host says the n-word multiple times while talking to a caller. Laura defends herself saying peoples reactions violated her First Amendment right to freedom of speech. Palin says that people are exaggerating and if Laura wasn't talking about a specific person then there's nothing wrong.

I for one, do not agree with them, i don't think she had a right to say what she did. Laura Schlessinger hurt people using the n-word, it is discriminatory and derogatory. Everyone knows the group of people it refers to when used and it is widely known that it is a discriminating word. She has liberty to say that word as much as she wants, but I don't think she had a right to.

Freedom's The Word

Source: "Shop, Walk, Work and Protest" August 29, 2004
http://www.nytimes.com/2004/08/29/opinion/shop-walk-work-and-protest.html?ref=freedom_of_assembly  

Constitutional Connection

Amendment I:
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.

Explanation of Connection

Freedom of assembly is important and our founding fathers realized that so it was put in the Constitution.
Without freedom to protest things we don't believe in the United States would feel repressed and controlled.
              
This article connects to the First Amendments right to freedom of assembly because New York has had problems with allowing people to petition in parks and other public places. Citizens complained about the traffic, noise and time periods of assemblies help on the streets. They solved there problem by requiring that you have a permit for people to hold an assembly in a public place.

I agree with the way New York handled their problem. They stayed true to the Amendment while accommodating with citizens needs and wants. It's hard to stay true to everyone's individual rights at the same time. What's okay with one person might irritate another. But having easy limitations that don't keep people from their rights doesn't hurt anyone.