Abstract This paper examines the role of that the American Constitution played, and continues to play in helping to shape the American system of government. The paper begins with a discussion of how a pluralist democracy differs from majoritarian democracy and why the framers of the U.S. Constitution felt it was so important to have a pluralistic form of government. In order to demonstrate this point, the paper presents and analyzes several different articles of the U.S. Constitution which pertain directly to the distribution of power in the government. Some of the examples used in this paper include the Senate's role to advise and consent, the balance between the powers of the federal government and the powers of the individual states and the importance of the first ten ammendments to the Constitution. Particular attention is payed to the nature of the Judicial branch and the central role that it has played over the years in helping, but not always succeeding, in protecting the minority from the majority in the United States.
From the Paper "Again, this latter pluralist type of provision is part of the balance of powers element in the Constitution. This is in keeping with the form the government finally took as a republic rather than a strict democracy. A strict democracy would by necessity have been a majoritarian system, while a republic is a pluralist democracy, which protects the minority from the majority. John Adams pressed for this type of government as one of the anti-Federalists at the Constitutional Convention. John Adams was the premier theorist of conservatism, and he wrote: "The foundation of every government is some principle or passion in the minds of the people" (Ball and Dagger 33). He saw the republic as the best of governments. In terms of the developing debate over the Constitution, this Anti-Federalist considered a single assembly to be inherently faulty and subject to all the vices and frailties an individual might evince. As a solution he suggested the creation of two bodies, with the smaller elected as a council from the larger. He also recommended the creation of a balance of powers between the legislative, executive, and judicial branches (Ball and Dagger 34-35)."
Abstract This paper is an in-depth examination of how to deal with the issue of hate speech. The author looks at the Constitution, specifically at the contradictions between the 14th Amendment and the concept of freedom of speech. The author looks at some of the commentary written by Jon Locke, or Jon Stuart Mill, and even Aristotle, on the problem of freedom of speech. The author presents historical and modern-day examples of some of the conflicts that have occurred in trying to determine the parameters of freedom of speech, and hate speech in our society.
From the Paper "John Locke would probably have weighed in on the importance of limiting the speech before it gets to the point where person feels that he or she is endangered. His empirical system of philosophy emphasized the importance of the experience of the senses in pursuit of knowledge rather than intuitive speculation or deduction. Having come into this world with our minds entirely free of innate conceptions, Locke argued that all human thought is based upon experience. And it is the experiences of minorities within American culture that makes them fear the consequences of hate speech; they have learned through their experiences in the world that bigoted speech easily and often turns into bigoted action (Dunn 48). Another essential part of Locke's philosophy was that all persons are born equal, which would no doubt incline him to value the equal protection of each person under the rule of law (Dunn 121)."
Abstract This paper is a research paper discussing inmates' freedoms in various states and if they are granted or not allowed. It discusses several cases and rulings of the Supreme Court such as: Procunier vs. Martinez , Shaw vs. Murphy, etc. and more. It discusses the various rights of an inmate and how they have been damaged such as visitation rights and religious rights.
From the Paper "Driving in Huntsville, Texas, razor wire fences, guard towers, an occasional band of men or women clad in white jumpsuits working along the roadside, and guards posted at security checkpoints create the scenery. These are the trademarks of the maximum-security prison units that house some of the state's most dangerous, hardened, and intimidating male and female criminals. Having lived 18 years of my life in Huntsville, I am well conditioned to all aspects of life surrounding the prison system. I have little sympathy left for these men and women "serving their time." Their lack of air-conditioned buildings, fast food, and private restrooms does not bother me. m fact, I find it insulting that they are released from work duty when temperatures rise above 95 degrees. After all, few upstanding members of society are afforded that same luxury. I, however, realize my view is very one-sided, and when the topic of the first amendment rights of inmates was presented, I could not help but examine the decisions in recent history of the courts on this topic."
Abstract This paper examines the role of the media in both private and public institutions. According to this author, the press' role and influence in public policy has grown over the years. Now, in addition to reporting the news, the media has now gained access to the court system, which until recently, was not broadcast live for the public's scrutiny. The advent of Court TV, according to this paper, has irrevocably altered the conduct and in some cases, the outcome of some decisions. The cameras will remain in the courts but now there are strict guidelines, that will hopefully prevent any future abuse of the freedoms now granted the press.
From the Paper "People ? because they are busy, or do not understand that they can in fact attend meetings and trials or because they are insufficiently interested ? do not participate directly in democratic institutions. However, while this is certainly unfortunate, it is also true that they do not need to participate directly because reporters will provide them with the information that they need to stay sufficiently informed about our society so that they can make appropriate choices about how to act and how to vote."
Abstract This paper examines how advertising has affected the role that the media plays in our lives. The paper examines the affect that the market has on the effectiveness of mass media. Some of the different issues discussed are the evolution of many newspapers from family-owned, to corporate-owned, deregulation, changes in the laws and how advertising has affected the need to increase revenues and how the type of advertiser approached influences the content of the materials. The author presents information to illustrate how different publications or even television programs attract a certain audience and this influences the type of advertisements that are found. The author also feels that in some cases too much emphasis has been placed on advertising and revenue dollars generated and this is having a negative impact on the freedom that the media, especially the newspapers have in reporting events. The paper reviews some studies that have been conducted in order to support the theory that today's mass media is unduly influenced by the need to generate revenue through advertising and as a result the message that the public is receiving is also being influenced in a negative manner.
From the Paper "There are continual attempts to control the form and content of mass media. Deregulation of FCC limits on advertising time on radio and television in the 1980s fundamentally changed the nature of the mass media product that all of us are now served, and this deregulation came about because of very direct federal governmental (i.e. political) activity in the realm of mass media. Thus what seemed to be a political matter (the federal government wanted to reduce the level of regulation of as many industries as possible) was also very much an economic one (more minutes of advertising on radio and television shows meant that the marketplace ? and individual companies ? had more control over the content of television and radio programs."
Abstract This paper introduces and contrasts the views of two authors discussing the Bill of Rights. The authors are Irving Brant and Michael J. Kryzanek, both experts in the field of political science. It describes the basis of this amendment and how it set the precedent for subsequent amendments to the constitution.
From the Paper "The Bill of Rights did not exist when the Constitution was first written; it was a series of amendments proposed by James Madison in 1789. It now stands as the first ten amendments to the Constitution. "The Bill of Rights was ratified by the states on December 15, 1791, but the first two amendments were voted down. Failed Amendment One would have required that at least one representative be allocated in Congress for every 50,000 citizens. At that rate, Congress today would have 5,000 members. Failed Amendment Two would have required that no salary raise for members of Congress could take effect until after the next election of Congress. This proposal eventually became the Twenty-seventh Amendment" (Kryzanek 28)."
Abstract Susan Brownmiller and Susan Jacoby are two essayists with opposing views on pornography. Each argue the case of pornography in relation to the First Amendment that guarantees freedom of speech. This paper presents and describes each case in turn followed by an analysis of the effectiveness and persuasiveness of each argument.
From the Paper "Brownmiller also describes pornography as promoting rape against women, promoting violence against women and promoting the image of the female as a sexual object existing only for the pleasure of men. Brownmiller argues that pornography does not portray sexual activities as being associated with love, but instead only associated with the sexual act as an act to satisfy a man's needs. The end result is that women are seen as being sexual creatures to serve men, instead of the act of sex being seen as an act of love between two individuals."
Abstract This paper discusses both sides of the argument of gun control and concludes that better control is essential. It first looks at the original intention of the 2nd amendment. It then discusses how many children have easy access to firearms. The 1939 case and court ruling of "US vs. Miller" is discussed which rejected the view that the second amendment was intended as protection of an individual's right to bear arms. It also explains the concept of criminalization of bearing arms.
From the Paper "Gun control has been a hot topic from as far back as most of us can remember. Today, due to several high profile events in the last few years, and the fact that our prospective presidential candidates are publicly taking stands, it is commonly seen in the news. Unfortunately, it takes a "Columbine? or drive-by shooting to open the nation's eyes, and to draw attention to what should be one of the most important issues in America today. Just a few months ago, one such horrifying incident happened at a church just a few miles away from the TCU campus. As a result of peoples? ignorance, thousands of lives have been lost and it's time to put a stop to this bloodshed. Many people in support of the ownership of guns don?t see the effect that they have on our children. They argue that the right to own guns is granted to us by the Constitution, they say that guns are necessary for personal protection, and that if guns were illegalized people could buy them illegally regardless."
Examines shifting pattern of interpretation in preiod 1910-1929. Impact of World War I. Conflict between civil liberties and military necessites. Supreme Court decisions.
900 words (approx. 3.6 pages), 1 source, 2001, $ 31.95
From the Paper "In the 1910s and 20s, the United States found itself in a period of transition, owing this largely to its involvement in World War I. The mobilization of the American community to fight a war overseas was a radical process, and new issues necessarily emerged that would challenge the role of the government and the extent to which public policy may curtail the activities of the individual. At the crux of this new debate was the First Amendment. During these decades this amendment would experience a bout of growing pains as its domain over public life expanded. The Supreme Court was at the heart of this process, interpreting the First Amendment in different ways as the nation ..."ris
Abstract This paper dicusses the topic of this book, which is precisely as the title suggests, an investigation into the origin of each of the ten amendments that collectively constitute the Bill of Rights as well as (to a less extent) an examination of why the Bill of Rights as a whole was a necessary addition to the Constitution to ensure that it would be ratified. It shows how Levy is concerned to some extent with explaining what is usually called "original intent", with providing us some insight on what was going on in the mind of the Framers of the Constitution when they chose these particular rights to be enumerated and not others.
From the Paper "Describing the exact nature of Leonard Williams Levy's Origins of the Bill of Rights is not as simple as it seems, and this is in fact a measure of the strength of the book. We are so accustomed to dividing the world into clear categories ? popular fiction on one side, serious scholarship on another, pulp fiction over there in the corner ? that we are given pause when we come across a book that cannot be so easily categorized. Our first impulse may in fact be to decided that this means that there is something wrong with such a book, that the author has failed in his (in this case) attempt to produce a particular kind of text."
Abstract This paper briefly discusses this civil rights case which lead to the banning of discrimination based on sexual orientation in housing, employment, education, public accommodations, health and welfare services and other transactions and activities. It looks at how the decision was reached and at the parties involved.
From the Paper "This ordinance precluded all legislative, executive, or judicial action at any level of state or local government designed to protect the status of persons based on their "homosexual, lesbian or bisexual orientation, conduct, practices or relationships." Respondents commenced litigation in state court against petitioner state parties to declare Amendment 2 invalid and enjoin its enforcement. The trial court granted a preliminary injunction, which was sustained by the Colorado Supreme Court, which held that Amendment 2 was subject to strict scrutiny under the Equal Protection Clause of the Fourteenth Amendment because it infringed the fundamental right of gays and lesbians to participate in the political process. On remand, the trial court found that the Amendment failed to satisfy strict scrutiny and enjoined Amendment 2's enforcement; the State Supreme Court affirmed; and the Supreme Court held that Amendment 2 violated the Equal Protection Clause. The state argued that Amendment 2 only puts gays and lesbians in the same position as all other persons by denying them special rights, and this was rejected as implausible."
Abstract This paper takes the position that pornography promotes sexual violence against women and cites several factors that support this position. It also explores some of the reasons the issue of pornography has been so controversial and some of the arguments made by proponents of pornography.
From the Paper "Defining and regulating pornography has been a difficult task for the United States where free speech is protected under the First Amendment of the U.S. Constitution and is the backbone of what defines us as a free society. Webster's Dictionary defines pornography as: writings, pictures, etc. intended primarily to arouse sexual desire. (Neufeldt et al.) Though different people may argue over the definitions and reasons for pornography ?the producers, sellers, and consumers of pornography have a clear understanding of its meaning. For them it is a written or visual product showing sexual anatomy and/or sexual activity designed to promote sexual arousal.? (McCuen) But does pornography in and of itself promote sexual violence against women? There is no doubt that through the ages many men have sought and attained sexual access through violent action or the threat of such action. No national culture has been without rape. The forcible sexual assault of strangers, associates, friends and relatives alike has been a universal occurrence throughout the history of mankind, and it has remained so in contemporary society."
Abstract A paper discussing the issue of hate speech and its relation to the 1st and 14th Amendments. The topic of freedom of speech vs. right to equality and the impact of these on hate speech is discussed.
Abstract This paper examines, "The State of Civil Liberties: One Year Later", a report published by the Center for Constitutional Rights, which discusses a series of Executive Orders that indirectly seek to eliminate some of the most important aspects of American Constitutional rights. It looks at how these Executive Orders, which have been enacted since September 11, 2001, according to the CCR, are a threat to the civil rights that belong to every American. It shows how the orders enacted to fight the war on terrorism have nullified the rights of the people, as well as the responsibilities of the federal government. In particular, it discusses how the CCR is specifically concerned about the Fourth, Fifth, and Sixth Amendments to the Constitution and the encroachments that certain orders have made on these Amendments.
From the Paper "The CCR believes that the most disturbing act to undermine the separation of powers was the establishment of military tribunals to try accused terrorists. According the CCR, the Executive has taken on "the most fundamental role of the judicial branch... it gives the President the power to decide who will be tried under the system, to create rules by which a trial will proceed" (CCR 6). The report states that all of the key roles in the military tribunal process are to be ?filled by military officers acting upon designation of the President.? In such trails, evidence will be presented as officers acting like prosecutors and will be judged by officers acting as judges. In addition, the accused's attorney must be found eligible for access to information classified as "secret" under the Defense Department guidelines."
Tags: fourth, fifth, sixth, ammendments, terrorism, rights
Abstract This paper discusses how public video surveillance is becoming one of the hottest issues regarding privacy rights today. Already common in some countries, public video surveillance is now being used in the United States in places such as street corners, where video cameras are installed to see what people on the street are doing, and at big public events such as the Super Bowl. It shows that, while this new video surveillance is being done under the guise of protecting the security of the general public, it has also brought with it a host of new and serious issues regarding the right to privacy. It debates such issues as how much privacy are we entitled to in a free democratic society, where should the eyes of the federal government not be prying, and whether there are any realistic limits to the invasion of privacy in the name of public safety anymore.
From the Paper "Surveillance technology has taken many drastic leaps and bounds in many years, as companies scramble to produce it to meet the growing demand for it by government agencies and other consumers who wish to monitor their fellow man. I.B.M., in fact, has recently announced that it would offer a new system of consulting and system-design services for digital network-based video surveillance systems ("Big Blue" 2003). I.B.M. wants retail stores, corporations, and government agencies to abandon older analogue systems and to move the management of surveillance operations to corporate surveillance management departments that will specialize in the operations of such technology. Unlike older systems, digital images can be indexed and searched easily and can easily capture the face of nearly everyone who walks through the doors of a store on any given day."
