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.
Sunday, September 19, 2010
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.
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.
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.
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.
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.
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.
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.
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.
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