...Where is the balance between civil rights and national security? While the Patriot Act allows the US government the ability to monitor terrorists, drug cartels, and attacks on US soil, this law should not give government agencies the right to invade US citizens’ privacy. Did this law that was passed, soon after the 9/11 attacks, go too far in the name of national security? Are the seizures, wiretaps, and physical searches that are required to have probable cause sometimes overlooked? In several cases, outlined in this essay, our government has performed unpatriotic acts in the name of “national security” and has repeatedly challenged the very foundation of our constitutional freedoms. Fundamentalist groups and terrorists within them have been around for decades. Our government has the ability to monitor them, both here and abroad, and determine if there will be another threat against our Nation. Where is the balance between civil rights and national security? On October 26, 2001, President George W. Bush signed into law the Patriot Act with an overwhelming majority from Congress. The law was intended, in Bush’s words, to “enhance the penalties that will fall on terrorists or anyone who helps them.” ("George W. Bush Signs The Patriot Act", n.d. http://www.history.com/this-day-in-history/george-w-bush-signs-the-patriot-act). The bill broadly expanded law enforcements ability to investigate and perform surveillance and altered more than 15 different statues that had...
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...abuse. Endangerment – if one puts another in danger, then he/she is obligated to rescue that person. 5 points • Question 1 of 35 According to Citizens United v. Federal Election Commission, which of the following is not a reason to allow corporations the right to spend money and advertise for political candidates? Answer Political speech is the most important, and most protected, speech that exists. It is crucial to the democratic process that political speech be encouraged and heard. The immense wealth of a corporation allows it to be the most accurate in providing messages to people. Presidents and members of Congress often consult with corporate leaders on a number of issues, suppressing all corporate political speech would eliminate the ability for non-profits and smaller corporations to oppose or reject publicly the position of those larger corporations being consulted. Restrictions do not protect minority or dissenting shareholders because they can address disagreement through the corporate democratic process. 5 points • Question 2 of 35 The best example of a source for virtue ethics for a business is • Answer newspapers articles about the corporation. the corporate mission statement. the documentation in human resources justifying the hiring of new staff. the resumes of the members of the board of directors and the officers. • Which of the following...
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... WALEKHWA B. STEPHEN | G34/3319/2014 | | CHARLOTTE MUTAI | G34/3331/2014 | | SIKUKU CORNELIUS WANGILA | G34/3392/2014 | | CHABI BRIAN OTIENO | G34/3399/2014 | | WANJALA GILBERT MASINDE | G34/1417/2010 | | MURIMI MARTIN MUCHIRI | G34/3255/2014 | | Question 2:“The courts should draw the limits to discretionary power in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen” Discuss above statement With the exponential expansion of powers of the executive arm of government and equally massive interests in civil liberties, it is therefore inevitable that we re-examine the relationship between these discretionary powers and what is essentially the rule of law. This essay seeks to analyse the role played by the courts in the limitation of this powers while ensuring that the Executive runs efficiently while ensuring that that the rights of civilians are protected. Discretionary power is the individual judgement; the power of free decision making, a public official’s power to act in a certain circumstances according to the personal judgement and conscience, often in official or representative capacity. Discretion can also be defined as powers...
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...Constitutional Law Introduction Many people assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain...
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...forms of government? Then focus shifts to paradoxes entailed in self evident truth of American democracy. Is American democracy a representative of a true democracy? Does it cater the smaller factions of society? Has the democratic system fostered the rights of liberty, justice, life and pursuit of happiness to good effect for masses once challenged by terrorism, racism, poverty and recession? What good it has brought to its people? Why does America deserve to lead world community? Finally, conclusion is inquired about by addressing the question that How American dream can be pursued in its true democratic meaning? Isn’t it strange that few render democracy as the bludgeoning of the people, by the people, for the people? On the other hand, for some, it is a government of all the people, by all the people, for all the people; a government after the principles of eternal justice, the unchanging law of God; the idea of freedom. Idea of democracy as rule of people traces its expression from Athens in ancient Greek. From a philosophical stand point doctrines of natural law evolved into the idea of natural rights, i.e., all people have certain rights, such as self-preservation, that cannot be taken from them. Then, why should majority rule minority? Tocqueville (1945) argues that the doctrine of the sovereignty of the people and the power of public opinion are corollaries to the...
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...Constitutional Law II Tebbe Spring 08 4 Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate...
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...The law, nature, sources and importance This discussion is going to focus on a number of issues. Firstly, an outline is going to be given on how the law affects business in a country. From there the importance of business law is going to be deliberated, followed by the nature and sources of law. Finally, a discussion is going to be made on how the law can be improved in a country. The law has many impacts on business. In this discussion the writer discusses three ways in which the law affects business. Generally the law affects business in the following ways: * Protecting the interests of the investors * Protection of the provisions of business contracts * The law regulates the business environment * The law provides guidelines in the employee- employer relations * There are laws on tax * It promotes transparency. Regulating business environment and operations The law provides guidelines and standards in which all businesses must operate. This protects the business from crumpling as much as protecting the consumers. For examples there are laws that require the business to comply with international practices. For example the companies must declare their business deals with the international partners. The government needs to find out if the partnership is in the interest of the investor. Another example of this relates to the need of all business in the country to get registered. In registering businesses certain details are required. This ensures that...
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...JURISDICTION………………………………………………………………12 STATEMENT OF ISSUES………………………………………………………………………13 SUMMARY OF ARGUMENTS………………………………………………………………….14 ARGUMENTS ADVANCED…………………………………………………………………….15 I. THE PRESENT WRIT PETITION IS MAINTAINABLE……………………………………15 A. Petitioner has the Locus Standi to file the writ petition……………………………...15 B. There is a violation of fundamental rights……………………………………………17 a) There is a violation of the fundamental right under Article 14 of the Constitution………………………………………………………………………...17 b) There is a violation of the fundamental right under Article 19(1) (g) of the Constitution…………………………………………………………………………18 c) There is a violation of the fundamental right under Article 21 of the Constitution………………………………………………………………………...18 II. THE STATE LEGISLATION IS NOT COMPETENT TO PASS THE “NUDI CLOUD SEEDING ACT, 20XY”…………………………………………………………………...……………19 III. THE FARMERS OF THE TALUKAS FALLING UNDER THE NORTH – EASTERN DRY ZONE HAVE A FUNDAMENTAL RIGHT AGAINST TAMPERING WITH BIODIVERSITY AND CLIMATE MODIFICATION…………………………………………………………….23 A. The state of Nudi has failed to fulfill its constitutional obligation to safeguard the fundamental rights against tampering...
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...circulate or cite without permission] Written Constitutions and Unwritten Constitutionalism Mark D. Walters Faculty of Law Queen’s University February 2007 To Be Published In: Grant Huscroft (ed.), Expounding the Constitution: Essays in Constitutional Theory (Cambridge University Press, forthcoming) I. Introduction Defending the idea of ‘unwritten law’ has never been easy. Jeremy Bentham thought the very expression to be a ‘paradoxical and unmeaning epithet’.[1] In his view, social reform required ‘fixed and accurate’ laws—laws that ‘[w]e see, we hear, we touch; in short we handle…’[2] This empirical concept of law follows from the ideal of law as something produced by conscious acts of sovereign will. Central to this concept are, to use H.L.A. Hart’s expression, ‘rules of change’ that permit societies to escape the confines of ‘primitive’ custom.[3] The progressive march of legal theory, it may be said, has been away from medieval notions of law as customs practiced time out of mind or as the immutable dictates of natural law, away from the fiction that judges discover rather than make law, and towards modern notions of law as creative political acts recorded in writing. In terms of constitutional law, this march leads to the idea of written constitutionalism, a destination that the rebelling American colonists are often said to have reached first.[4] It was a task especially ‘reserved’ to the American people, wrote Alexander Hamilton...
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...culture. Casson (2005) asserts that promoting respect is a managerial aspect that oversees workers as it creates a respectful and positive workplace and, consequently, increased employee productivity. Respect at the workplace inspires respectful relationships, courtesy, and decent manners. On another angle, it ensures that employees stay updated with workplace information and consider and value other people’s positions (Casson, 2005). Regan (2004) defines respect as the fair treatment of employees and other stakeholders, fair valuation of contributions of each employee and consistency in the management of the company’s values. However, respect is viewed broadly under the cultural values that every society or business platform foresees. Accordingly, cultural respect has gone further to embrace the protection of human rights, the core driver of the corporates’ social responsibilities and transparency initiatives. Businesses have in the past integrated their cultural values, respect among them, in their endeavors (Regan, 2004). Since diverse business cultures appreciate and recognize other cultures for efficient business transactions, a critical aspect of what respect accords them, the above aspects of culture are valued in organizations. Casson (2005) adds that, respect is a cornerstone of all business relationships as it ignites the thriving of such relationships. In this manner, the core relations that demand respect include the business and its customers, contractors, and networking...
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...Federal Government Exam 1 Review: The first exam will consist of questions generated from the following review sheet. Make sure you understand each of these topics before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public...
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...Pressure groups There is no significance to the order in which questions appear. Each question is divided into three sections (a), (b) and (c). When choosing which questions to do, the following principles are recommended: It is almost certain that you will be better off choosing your strongest question to do first. You should choose questions on the basis of how well you can answer the section (c) part. The (c) part carries 25 of the 40 marks available for the whole answer. Do not choose a question simply because you can do part (a) especially well. The (a) question is only worth 5 marks. It would be illogical to choose your strongest (a) part if you cannot do well on section (c). If you cannot decide between several (c) parts, i.e. you can do more than one equally well, make your choice on the basis of part (b) which carries 10 marks. But remember, it is the (c) parts that will determine most what your overall mark will be. So, when you first look at the exam paper, look at the (c) sections first. Assessment Objectives Each question is divided into three sections, as follows: carries 5 marks carries 10 marks carries 25 marks The way you answer questions should be determined by the way assessment objectives are distributed. Assessment objectives provide the basis upon which examiners award marks. You need to be familiar with them to maximise your marks. They will help direct your revision and with the answers to the questions. A full explanation of...
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...C O D E C ODE v e r s i o n 2 . 0 L A W R E N C E L E S S I G A Member of the Perseus Books Group New York Copyright © 2006 by Lawrence Lessig CC Attribution-ShareAlike Published by Basic Books A Member of the Perseus Books Group Printed in the United States of America. For information, address Basic Books, 387 Park Avenue South, New York, NY 10016–8810. Books published by Basic Books are available at special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact the Special Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800) 255-1514 or e-mail special.markets@perseusbooks.com. CIP catalog record for this book is available from the Library of Congress. ISBN-10: 0–465–03914–6 ISBN-13: 978–0–465–03914–2 06 07 08 09 / 10 9 8 7 6 5 4 3 2 1 Code version 1.0 FOR CHARLIE NESSON, WHOSE EVERY IDEA SEEMS CRAZY FOR ABOUT A YEAR. Code version 2.0 TO WIKIPEDIA, THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE. C O N T E N T S Preface to the Second Edition Preface to the First Edition Chapter 1. Code Is Law Chapter 2. Four Puzzles from Cyberspace PART I: “REGULABILITY” ix xiii 1 9 Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be? Chapter 4. Architectures of Control Chapter 5. Regulating Code PART II: REGULATION BY CODE 31 38 61 Chapter 6. Cyberspaces Chapter 7. What Things Regulate...
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...Choose the statement that gives the most accurate description of etiquette: a. the rules of etiquette are a fundamental branch of morality b. conformity with the rules of etiquette is sufficient for moral conduct c. etiquette refers to a special code of social behavior or courtesy d. the rules of etiquette are backed by statutory law 3. Our relationship with the law is best described by which of the following? a. To a significant extent, law codifies a society’s customs, norms, and moral values. b. The law is a completely adequate guide to the moral standards that we should follow. c. The law makes all immoral conduct illegal. d. Violating the law is always immoral. 4. Which of the following is not one of the four basic kinds of law? a. statutes b. constitutional law c. common law d. contractual law 5. A proper perspective of religion and morality is a. only religion can tell us what is right and wrong b. it’s not true that morality must be based on religion c. religion never influences people’s moral beliefs d. without religion, people wouldn’t have a reason to act morally 6. When religion and morality are considered, a. the moral instructions...
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...through which society makes and enforces public policies 5. Force theory; the state was born of force, when one person or a small group gained control over people in an area and forced them to submit to that person’s or group’s rule. 6. Evolutionary theory; the state evolved from early families that united to form clans. Later, clans united to form tribes. As tribes settled into agricultural groups over time, they formed states. 7. Divine right theory; God created the state and gave a chosen few the right to rule. 8. Social contract theory; people voluntarily agreed to create a state and give to the government just enough power to promote the safety and well-being of all. Government exists to serve the will of the people, and the people are the sole source of political power. Chapter Outline 2 I. Section 1: Government and the State A. Definition of Government and the State 1. legislative, executive, judicial 2. state B. Political Ideas and the Purpose of Government 1. force 2. evolutionary 3. divine right 4. social contract 5. Preamble II. Section 2: Forms of Government A. Who Can Participate? 1. representative democracy 2. direct 3....
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