Sunday, September 19, 2010

America doesn't need another liberal justice

Soutce:  http://www.politico.com/news/stories/0410/35813.html

Constitutional Connection:  Article III - The Judicial Branch -Section 1 - Judicial powers-
"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office."

Explanation of Connection:   President Obama had to think about a replacement when Justice John Paul Stevens from the Supreme Court decided to retire. He has been considered to be one of the most liberal justice of the past 35 years. The President did say that he had plans to replace the Justice with another liberal justice. The replacement of a Supreme Justice is a very important and can have very serious consequences for cases that go to the Supreme Court.

I think that the Supreme Court should have a balance of liberal and conservative Justices. This is important to have a balance of different ways of looking and thinking about cases that come to them.  If all the Justices were conservative then all cases would have a specific outcome. There has to be some discussion before a verdict is decided.

Obama hits GOP on 'Citizens United'

Source:  http://www.politico.com/news/stories/0910/42363.html

Constitution Connection:  Article 11- The Executive Branch-"The Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist. Based on their experience, the framers shied away from giving any branch of the new government too much power. The separation of powers provides a system of shared power known as check and balances."

Connection Explanation: 
On September 18, 2010 Abby Phillip reported, "President Barack Obama used his weekly national radio address Saturday to condemn the Republican leadership on Capitol Hill for blocking Democrats' efforts to “fix” a Supreme Court ruling which allows corporations and special-interest groups to spend an unlimited amount of money in political campaigns." He believes that elections are influenced by the special interests groups that are able to provide a large of amount of money. He feels this is not a democratic way of doing things in America.
I feel that the President is doing is what he is supposed to be doing which is trying to balance the power of the other branches by bringing into focus what they are doing wrong. You can definitely see the different branches trying to take control of a situation  You have the Democrats that are trying to pass the Disclose Act, legislation that restricts corporate contributions. The  Republican leaders in Congress have have not agreed. They’ve blocked this bill from even coming up for a vote in the Senate. The President, who is a Democrat is also supporting the bill.


Posthumous pardon sought for Johnson .

Source:  http://sports.espn.go.com/sports/boxing/news/story?id=4032510

Constitutional Connection:  Article II Section 2- "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."

Explanation of Connection:  Senator McCain wanted President Obama to give Johnson a posthumous pardon. Johnson a boxer was convicted  in 1913 of violating the Mann Act, which made it illegal to transport women across state lines for immoral purposes. Johnson's family believed his conviction was racially motivated. It is rare that Presidents give posthumous pardons.

I think the President should give Johnson a pardon. This is one of the Presidents powers he can exercise.  African Americans throughout history were wrongly accused of many things. This would be an opportunity for the President pardon a man who was discriminated against.

Monday, September 13, 2010

Obama Making Plans to Use Executive Power

Source:  http://www.nytimes.com/2010/02/13/us/politics/13obama.html#

Constitutional Connection: Article II Section 2- "He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."

Explanation of Connection:  In the article the author explains how President  Obama has been pushing the the Senate to confirm 27 nominations by threatening to use his recess appointment power. He is telling Congress that he will use his executive authority to force Congress to take action on the nominations. The use of executive power was brought forward when Mr. Obama confronted Senator McConnell of Kentucky, the Republican leader, about nominations held up in the Senate. In a meeting with Congressional leaders at the White House, Mr. Obama turned to Mr. McConnell and vowed to use his power to appoint officials during Senate recesses if his nominations were not cleared.

I feel that the President should be able to execute his powers and not have to wait for Congress to approve certain legislature, especially if Congress is taking its time because they do not agree with he President. The President should have more power when certain situations call for it. The President will probably not make decisions that are not good for the country. His still has the right to veto a bill.

Sunday, September 12, 2010

Are Rod Blagojevich's sixth amendment constitutional rights being violated?

Source:  http://www.opednews.com/articles/Is-Rod-Blagojevich-s-sixth-by-Mary-MacElveen-090101-36.html

 Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.


"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."


Explanation of Connection: Governor Blagojevich of Illinois was arrested and accused in the 76-page criminal complaint of a wide-ranging conspiracy that included selling the U.S. Senate seat vacated by President-elect Barack Obama on December 9th, 2008. On December 31, 2008 the U.S. attorney's asked a federal judge for an extra three months to formally indict Gov. Rod Blagojevich and his former chief of staff. The U.S. attorney stated that they needed an extension because they had several hours of taped recordings of the Governor's phone calls that needed to be examined, and they had several witnesses that were willing to come out and tell what they knew about the criminal activity of the Governor.
 
Amendment clearly states that anyone who is accused has the right to a fast trial by a jury who is impartial. If more time was given to the attorney the possible people who would sit on the jury would have more time to listen to the facts that come out on TV or in the newspapers. Their opinions might be affected. This would violate the rights of the accused person, in this case, the Governor.
 
I feel that everyone who is accused  should have a speedy trial that is heard by an impartial jury.
even though they might be guilty the constitution was written so everyone has rights. It would be unconstitutional not to give the accused their rights.

Monday, September 6, 2010

Desperate Times Calls for Desperate Measures

Source:  http://townhall.com/cartoons/2010/09/06/2



Connection to Constitution- Article 1, Section 8-"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;"

Explanation of Connection- In the cartoon we see large businesses represented by the large eagle asking a Democrat represented by the donkey in a suit for a tax break. It looks like the Democrat will be hurt if he denies the tax break. The eagle is asking a Democrat because a Republican will probably give him the tax break, He need to convince the Democrat.

I feel that big companies should pay their taxes. These companies make a lot of money and they should pay their share of taxes to the government. Just because they have power should not exempt them from paying just like everyone else.

Sunday, September 5, 2010

Senate stall to blame for slow egg recall?

Source  :http://www.politico.com/news/stories/0810/41391.html

Constitutional Connection:  Article 1, Section 8-  "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

Meredith Shiner, a congressional reporter, states that the current food safety law is over 70 years old. There are few safeguards in place to avoid outbreaks like the one that occurred with eggs. Obama could not recall the eggs as quickly as he could have because the current law does not permit the FDA to authorize recalls. Instead, the government must rely on the responsible parties to issue recalls themselves.  The House approved the bill in July 2009 but the Senate took its time and this was the consequence of their delay. If the FDA does have the tools it needs to better control  food producers or track the spread of contamination-based sickness can happen.

It is important to have a agency to be able to oversee the food producers of the country. It is the government's responsibility to keep the people safe from widespread contamination. If people are allowed to grow food and sell it without proper guidelines it can lead to a very serious problem. The government has to give the FDA the power to do their job effectively.

War Powers in the Age of Terrors

Source:  http://www.nytimes.com/2005/10/31/opinion/31bacevich.html

Constitutional Connection: Article 1,The Legislative Branch, Section 8
 "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;"

Explanation of Connection:  In this article the author wants to point out that the power that Congress was given by the Constitution to declare war has not been used by Congress. Since 1945 Presidents have taken the lead in making the decision to declare war on countries they feel are a threat to the United States. When Condelleeza Rice was asked about possible military involvement in Iraq and the need for ccongressional authorization, she answered,  "I don't want to try and circumscribe presidential war powers," she said, adding that "the president retains those powers in the war on terrorism and in the war in Iraq."

Article 1, Section 8 clearly states that Congress has the authority to declare war. Ms. Rice comments gives the perception that the president has the ultimate power. The author of the article believes that the people of the United States has granted these powers to Congress and they should practice that authority. Blacevich feels that instead of giving the Executive Branch all the power to determine the seriousness of any conflict they should be more involved in the decision to declare war.

I feel that the government represents the people of the United States. So Congress, made of the House of Representatives and Senate, should exercise their power their power to declare war. If you allow the President to have the power to declare war you might sacrifice the balance of powers. No one person should have the power to declare war. It should take into consideration the opinions of the people. This could be done through Congress.

Monday, August 30, 2010

Arizona immigration law SB 1070 - Judge blocks some sections

Source:  http://www.washingtonpost.com/wp-dyn/content/article/2010/07/28/AR2010072801794_2.html?sid=ST2010072806353
:
Constitution Connection:  Amendment 10 states, "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:  In this article the Arizona law that was adopted in April 2010 has been one of the most toughest law on immigration ever written.  This Arizona law has many civil right groups very upset. Arizona states that the law is needed to stop the large number of illegal immigrants coming into Arizona. The law basically allows the police to ask detainees to show proof of citizenship.Immigrants have to carry their citizenship papers and if they don't it is a misdemeanor. This law has started a nationwide debate and a Justice Department lawsuit. A US District Judge, Bolton, declared the Arizona law unconstitutional one day before it was going to go into effect. The Governor of Arizona promised to take the appeal to the United States Supreme Court.

     It is important that all the States be in agreement in regards to immigration. We cannot have different states making up their own laws. This would cause chaos. There has to be a balance of powers. The individual states should not have the final say on immigration. We have to stand together on certain issues in order for the country to be safe.

U.S. opens criminal probe of oil spill

http://www.politico.com/news/stories/0610/38005.html

By JOSH GERSTEIN

6/1/10 1:50 PM EDT

Updated: 6/2/10 7:11 AM EDT
 
Constitution Connection: The Fifth Amendment states, " 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."
 
Explanation of Connection:  The United States government is promising to seek out the persons responsible for the oil spill, especially if there were violations in the law. President Obama and Attorney General, Eric Holder state that their priority is to contain the spill then find the persons who were responsible for the spill and make them accountable.

     The government's efforts to find out what happened and to prosecute any person who might be responsible of crimes is forcing people involved to take the Fifth Amendment.  One of the rigs manager, Robert Kaluza, took the Fifth Amendment in order not to testify at a government hearing where he might incriminate himself or others who work for BP Organization.

     I feel that people need to feel that they are protected by the Amendments of the Constitution.  Although, people might be guilty of a crime they should still be given rights. If there are no rules or Amendments that are being enforced then there is the possibility that the Government could become abusive and do whatever they want . The  reason that the Constitution was written  was to protect the citizens of the United States. All the power cannot be held just  by the government.

    

Sunday, August 29, 2010

Fourth Amendment Political Cartoon

Source: 
http://images.google.com/imgres?imgurl=http://farm3.static.flickr.com/2371/2261228251_ea70192df6_o.jpg&imgrefurl=http://flickr.com/photos/hughelectronic/2261228251/&usg=__DvilBXXIl3OM1D4aCUqZTYHFbqY=&h=2502&w=3150&sz=1535&hl=en&start=319&sig2=UzzkS_A3UkTsMGHr2xRDFQ&zoom=0&tbnid=hFmMrN6L0ssFpM:&tbnh=119&tbnw=150&ei=COd6TMGyFYyJnQeF2rGdCw&prev=/images%3Fq%3Dfourth%2Bamendment%2Bcartoon%26hl%3Den%26biw%3D1245%26bih%3D464%26gbv%3D2%26tbs%3Disch:1&itbs=1&iact=rc&dur=530&oei=3-R6TKKlJN_nnQfx15UV&esq=3&page=29&ndsp=11&ved=1t:429,r:10,s:319&tx=109&ty=82




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."

Explanation of the Connection:  The Constitution of the United States grants all the citizens certain rights that cannot be taken away.  This was a  main reason the Constitution was written up.

This cartoon clearly shows that the right for an individual to fee safe in his home is being violated. The representatives from the telephone company are  listening to the girls conversation she is having on the phone. The mother of the girl is telling her that it is okay because the government has granted them permission to listen in.

I feel that the government should not have the right to listen in on private conversations. The government should have evidence that the person they are monitoring can be a real threat to the people of the United States. The must have very good evidence and be 100% sure.

Thursday, August 26, 2010

High court strkes down Chicago handgun ban. June 29, 2010.

Source: http://www.cnn.com/2010/CRIME/06/28/us.scotus.handgun.ban/index.htm

Constitutional Connection:  Amendment 2 states: "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."

Explanation of Connection:  A man by the name of Otis McDonald from Chicago (McDonald v. Chicago-08-1521). believed he had the right to own a gun to protect himself from the gangs in his neighborhood. Chicago has some of the strongest laws against having guns. Chicago denied an application for a handgun permit. He appealed his case to the Supreme Court and the Supreme Court  ruled Chicago, Illinois', 28-year-old strict ban on handgun ownership to be unconstitutional. 

This article demonstrates the power that the US Constitution has to make sure that the right of an individual to own a handgun. The government does agree that local governments has to have some measures to control the use of guns and most states have their own local laws.

I understand that the use of guns in may states is a problem. Many young boys and innocent people have died because guns are in the wrong hands.  I think  that people should be able to own a gun for protection. There has to be some guidelines and rules people have to follow if they are going to own a gun. The local governments have to figure  out how they are going to stop the  gang members and young people from acquiring guns illegally.

Tuesday, August 24, 2010

Hispanic Day Laborers Sue Freehold, Claiming Right to Gather to Seek Work

 Source : Hispanic day laborers sue freehold, Claiming Right to Gather to Seek Work.December 31, 2003.
 http://www.nytimes.com/2003/12/31/nyregion/hispanic-day-laborers-sue-freehold-claiming-right-to-gather-to-seek-work.html?ref=freedom_of_assembly

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

Explanation of Connection:  A group of Latin men filed a suit that stated their First Amendment rights were being violated. They would come together to wait for contractors to hire them for landscaping or construction work on a daily basis.  The residents of the community did not like the men waiting around in groups. The community threaten to call Immigration on them. This article demonstrates that the New Jersey community did violate the men's right to assemble. They were not causing problems.. They just wanted to look for work.

It seems to me that the community were racial profiling. They were concerned that the men were illegal immigrants. I wonder if they would have done the same if the men were white or of European descent.

FREEDOM OF SPEECH

Constitutional Connection: Amendment 1 Freedom of religion, press and expression.
"Congress shall make no law respecting an establishment of religion, or prohibit the free exercise thereof , or abiding 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: The political cartoon shows that politicians will listen to the special interests groups who have the financial background. The big companies who have the finances available to them are the ones who get heard in the government. They provide money to the politicians to get their agenda on the floor
    One has to wonder if the government provides for the freedom of speech. The cartoon implies that those with money are the ones with freedom of speech