Abstract This paper discusses the duties of the Attorney General of the United States. Specifically, it contains an analysis of how the Attorney General is chosen, and the powers they wield in the government. A brief history of the position is presented, and the current Attorney General, John Ashcroft, is introduced. The paper claims that the Attorney General is one of the most important offices in the Federal Government.
From the Paper "The Attorney General of the United States is in charge of the Justice Department (DOJ) and the chief law enforcement officer of the United States Federal Government. The Attorney General advises the President and other members of the executive department of the government on legal issues. An addition, "The Attorney General appears in person to represent the Government before the U.S. Supreme Court in cases of exceptional gravity or importance" (DOJ)."
Abstract This paper examines the changes to overtime legislation in the United States. The paper discusses the guidelines presented by the Department of Labor, explaining the new terminology employed. The paper analyzes the "Working Families Flexibility Act" (Ballenger's bill) and the "Family Friendly Workplace Act" (Ashcroft's bill). The paper contends that these titles are misleading as the changes in the overtime laws seem to benefit only the corporations and not the employees.
From the Paper "In the winter of 2004, The U.S. Department of Labor (DOL) issued what it called "guidance" about President Bush's overtime legislation. Along with the guidance, they invented new obfuscatory language. When they discussed "payroll adjustment," a relatively benign-sounding term, they were really referring to "cutting base worker salaries so the additional overtime payments would bring their total pay to their old salaries, or raising salaries just to the $22,100 threshold so workers do not qualify for overtime" (Economic Opportunity Report). On the face of it, guidelines such as those, which advocated diminishing compensation for the work being done, might have been issued by a government department called the Department of Corporation Welfare, if we had one. Clearly, the suggested changes would benefit no one except the employer."
Abstract A written analysis of the case of "Gonzales vs. Oregon", which is currently being debated at the Supreme Court level. This case stems from the 1994 passage of the Death with Dignity Act, which allows terminally ill and mentally competent individuals to obtain drugs that could be utilized in the state of Oregon. The current debate questions administrative law and whether the former Attorney General John Ashcroft's interpretation of the Federal Control Substance Act to outlaw these drugs is valid and if the Justice Department is overstepping its boundaries.
From the Paper "Oregon voters approved the legalization of physician assisted suicide (PAS) in November, 1994. After being legally challenged the Oregon PAS law became effective in the latter part of 1987. Since 1998 and through 2004 there have been a total of 208 PAS deaths in the State of Oregon. There are existing concerns with the legalization of physician-assisted suicide and there has been a great debate about the legality and morality of this practice. All levels of American society look harshly upon the thought of the use of drugs or other means to hasten the death of someone even though they may be in excruciating terminal pain however, healthcare modernization has changed the very "character of death and dying." (Pew Forum on Religion & Public Life, 2005) The case of Gonzales v. Oregon has arisen out of the debate which is one that is morally charged in nature as well as being the focus of lawsuits in relation to end-of-life decisions. However, this case has been subject to technical legalities and statutory interpretation."
Abstract The paper discusses the case of Jose Padilla, arrested on May 8, 2002 because it was believed that he was conspiring with Al Qaeda Terrorist to detonate a radioactive "dirty bomb" within the U.S. The paper shows that Padilla's arrest and subsequent imprisonment has been the subject of an on-going legal debate and at the present time Padilla is being held as an enemy combatant, which means that he is subject to Military Tribunal instead of the civil court system and can be held without being charged until the War On Terrorism is over. The essay discusses both sides of this legal debate and determines which viewpoint is the most constitutional and credible.
From the Paper "Many legal experts believe that the U.S. does not have grounds to hold him as an enemy combatant. They contend that his imprisonment is unconstitutional because he is being held even though he has not been charged with a crime. Padilla's lawyer believes that he is in custody based on information that is circumstantial and that he should be released. They also believe that his detainment is based on the idea that he may be able to provide investigators with important information about forthcoming terrorist attacks on the country."
Tags: Attorney, General, John, Ashcroft, Quirin, Posse, Comitatus, Act
Abstract On October 9, 2002 the Supreme Court of the United States heard oral arguments in the case of Eldred vs. Ashcroft. The paper shows that the fundamental issue in this case is whether Congress, which has constitutional authority to issue copyrights and patents "for limited times" to "promote the progress of science and the useful arts", overstepped its constitutional authority by passing the Act. The previous Copyright Act, passed in 1978, protected copyright author's work for only 50 years after the person dies. The controversy behind the case at bar is that the Bono Act extends this copyright term by 20 years. The paper shows therefore that the Supreme Court must decide whether Congress overstepped its bounds in extending the copyright term of authors from 50 years from their death to 70 years from that time.
From the Paper "Second, the Act is unconstitutional because the extension of the copyright term in the Act contravenes the mandate in the Constitutional text to "promote the Progress of Science and useful Arts", because it instead serves to impede such progress by encouraging monopolies and strangle-holds on the market. (Indeed, many scholars and commentators even go so far as to call the Sonny Bono Act the "Mickey Mouse Amendment", in reference to Disney's need to keep its copyright monopoly on Mickey Mouse and his brethren.) Specifically, in merely advancing the interests of corporate conglomerates (such as Disney and other monopolistic publishers) seeking to hold onto their massively profitable copyrights indefinitely, Congress has contravened both the spirit and the terms of the Copyright Clause of the Constitution."
Abstract This paper argues that the U.S. Department of Defense and other branches of the federal government capitalized on the fear of another terrorist attack, by erecting a series of security measures since September 11. The most notable of these is the USA PATRIOT Act (HR-3162), passed in October of 2001 which stands for ?Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.? The paper explains that the USA PATRIOT Act permits wiretapping without judicial orders, deportation of legal residents of the United States based on suspicion, secret searches of citizens? offices and homes and measures. The paper argues that many of the permissible acts included in the USA PATRIOT Act are discriminatory and that there is nothing "patriotic" about violating Fourth Amendment rights or stripping ordinary citizens from their basic civil liberties. The paper shows that these bills and laws offer a lot of power to the FBI, the police and to other governmental bodies. millions of Americans are still willingly surrendering their personal rights and freedoms in favor of a false sense of security. Finally, the paper argues that the aura of paranoia that currently pervades the United States fuels the fascist-like measures supported by Attorney General Ashcroft, measures which have far-reaching implications for American citizens.
From the Paper "The problem with this approach is that the civil rights of American citizens, legal residents, and visitors is violated. Most Americans would be willing to undergo enhanced security checks at airports. In fact, Gore Vidal, in his article ?The New War on Freedom,? cites a CNN/Times poll conducted a few days after the terrorist attacks of September 11 which showed that 74% of people believe ?it would be necessary for Americans to give up some of their personal freedoms,? (Vidal). However, in the wake of the terrorist attacks, the federal government was able to sneak the USA PATRIOT act by Congress and the American people. Without protest, Americans are giving up their power to law enforcement agencies, under the assumption that some loss of freedom is necessary."
Tags: death, penalty, Muslim, Department, of, Justice, INS
The paper discusses the concept of gun control and contends that one's own personal responsibility with firearms is far more important than gun control legislation.
Abstract The paper examines two articles, one from a pro gun standpoint, contending that to own a gun one must be responsible for the use of the weapon. The second article looks at the history and reasons behind the creation of the Second Amendment to the Constitution and also lists empowerment and responsibility among reasons for gun ownership. The paper concludes that education is paramount in publicizing the advantages and dangers involved in gun ownership.
From the Paper "Gun control is a heated topic in both American politics and in civil discourse throughout the nation. The issue has had a profound effect on lobbyists and on the general public. Issues revolving around gun control and the constitutionality of both new and old laws constantly see media attention. Every time there is a school shooting or a justifiable homicide, large numbers of advocates for gun control and opponents against the issue arise. Indeed, the politics of gun control and the rights of gun ownership inspire heated and emotional debates throughout the nation."
Abstract This paper takes the position that many of the policies taken in the name of homeland security amount to harassment. Instead of increasing security, these policies really only threaten to erode the United States? relationship with the rest of the world and, in the end, undermine the very ideals on which American democracy is built.
From the Paper "These new laws, however, have already affected legal immigration rates into the country. University officials, for example, report a significant drop in the number of foreign students in American colleges. Because of stringent visa requirements, many students are opting to study in other Western countries such as Canada, the United Kingdom and Australia. This translates to millions of dollars in lost revenue, since foreign students contribute nearly $12 billion to the United States economy each year (Paden and Singer)."
This paper discusses the General Accounting Office (GAO) report on the U.S. Department of Justice (DOJ), titled, "Status of Achieving Key Outcomes and Addressing Major Management Challenges".
Abstract This paper explains that the 2001 GAO review of DOJ, a routine assessment conducted in compliance with federal law, the Government Performance and Results Act of 1993 (GPRA) was put into place because waste and inefficiency undermine the confidence of the American people. The author believes that the current Attorney General, John Ashcroft, a hard-line, religious-right, ultra-conservative, has shown a contempt for the Bill of Rights. The paper states that the GAO should not be given more power, but the Congress has a duty to enter into a new post-9/11 phase and stand up to the Executive Branch to independently protect Americans from waste, abuse, and mismanagement of resources.
Table of Contents
The GAO Critiques DOJ
Internet-Based Research of DOJ
Conclusion
From the Paper "As to the first of DOJ's "planned outcomes" ? less violence related to gangs and drugs ? the GAO in its summary states that DOJ ?fell short of achieving its performance targets for four measures.? Looking into those failures a bit more closely (p. 8), DOJ had said it would try to perform 4.81 million "criminal background checks" ? and yet it only conducted 4.49 million checks. Also, the GAO says that while DOJ claims it prevented 71,890 "ineligible" individuals from purchasing firearms, the GAO says DOJ missed its target of preventing 140,244 persons from buying guns."
Abstract The paper examines the controversy of the Patriot Act and answers many of the myths claiming that it infringes on people's civil liberties. The author discusses how this law has been a vital tool in helping to fight terrorism. It shows how, previously, governments agencies did not work together to share information and now, as a result, of the Patriot Act, agencies are exchanging information, which is key to preventing terrorist attacks. This paper, therefore, argues that, although certain sectors of the population may feel that the Patriot Act affects their civil rights, in general, the Act assists in protecting the country.
From the Paper "One of the most vocal critics of the Patriot Act is the American Civil Liberties Union (ACLU). Their biggest objection of the Act is to Section 215, which permits agents to seek business records by showing a judge that this information is required to help a terrorism investigation. Under Section 215 the FBI does not have to show probable cause of wrongdoing to obtain a warrant, as is required in other criminal cases. The ACLU contends that Section 215 is unconstitutional because it gives the FBI the ability to spy on and track everyday protest groups such as the National Rifle Association, Operation Rescue and Greenpeace, simply because they can be considered domestic terrorism groups."
Abstract This paper argues that the United States was not founded as a Christian nation and has a very old precedent for maintaining the separation of church and state. The author believes that much of the world's problems today are caused by fundamentalists of many religions attempting to impose their religious viewpoints on others. The paper concludes that it is paramount that the United States shift its viewpoint from the self-righteous and self-serving Christianity of George W. Bush and his former attorney general, John Ashcroft, to a more reasoned and neutral stance, adopting again the attitude of separation of church and state intended by the Founding Fathers.
Table of Contents
Historical Facts
Modern Times
Conclusion
From the Paper "What is most impressive about this letter is that, as early as 1801, the Danbury Baptists pointed out that civil government had no right to act except to forestall evil acts between men, a reasonable activity for any government irrespective of the specific religious beliefs of its people. They also were quick to point out that the very first specific issue added to the relatively non-specific Constitution was religion as the first clause of the first amendment. They also pointed out, however, that because this issue was handled as an amendment, and not as one of the 'inalienable rights' claimed in the body of the Constitution itself, it was regarded by them as a privilege."
Abstract This paper analyzes the role of presidential surrogates in shaping and influencing U.S. foreign policy, as well as in garnering public support for policy decisions. The paper defines surrogates as presidential spokespeople. In particular, the paper examines the following figures from 2003: Laura Bush, Dick Cheney, John Ashcroft, Condoleezza Rice, Donald Rumsfield and Colin Powell.
From the Paper "The president of the United States functions as the head of government but his views, programs and policies are often articulated by members of the Executive Branch. Included in the Executive Branch are the various Cabinet members..."
Tags: presidential surrogates Bush Administration, COlin Powell, DOnald Rumsfeld
Abstract This paper examines the United States before the terrorist attacks of 9/11 and what has happened since. It discusses the issue of temporary security and essential freedoms. It explores the ramifications of The Patriot Act.
From the Paper "For many generations of people the history of their time is divided between before and after. Sometimes that divide is a joyous one. We can only dimly imagine what it was like to be a slave hearing about emancipation. Some of those ..."
Abstract This is an argumentative paper on physician-assisted suicide that makes the case for legalizing the procedure through public policy that gives terminally ill patients the right to die. It also discusses the issue of individual dignity.
From the Paper "Physician-assisted suicide remains a highly controversial issue. While some view it as a moral issue that goes against medical ethics and religious beliefs, others view it as an individual right and more about money than .."
Abstract This paper explains that correctional boot camps for troubled teenagers are therapeutic in-prison and outside programs "that resemble military basic training. They emphasize vigorous physical activity, drill and ceremony, manual labor and other activities" (Ashcroft, Daniels & Hart 2). Every aspect of behavior is subject to strict rules. The paper also discusses the numerous potential benefits that can be produced by these programs such as character development, instilling a sense of responsibility, the promotion of positive self-image, and occasionally reduced recidivism rates to facilities for young offenders. Boot camps can produce attitudinal and behavior change as well as improved coping skills.
