Sunday, August 29, 2010

Tenth Amendment- Power to the people!

Source: http://findarticles.com/p/articles/mi_qa3898/is_200106/ai_n8957874/

Constitutional Connection:

"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." http://topics.law.cornell.edu/constitution/tenth_amendment

Explanation of Conncection:


A U.S district court held that the Child Support recovery act was violating the tenth amendment. They said that it imposes liability on parents that willfully fail to support payments for their children living in another state. The tenth amendment protects the power of the people. Meaning, many people were against the U.S District Court and felt like that did not apply to all people. Although, a high percentage of people cannot pay child support, they should still be able to have the privlege of doing so.

A resident in Texas was indicted under the CSRA for failing to make support payments for his child, who resided in New York according to the article. Not to mention, the article mentions that "King moved to dismiss the case, arguing that the CSRA violates the Tenth Amendment because it exceeds Congress's power to regulate interstate commerce."

Fifth Amendment- The right to remain silent

Source:

Constitutional Connection:
No person shall be held to answer for a capital nor shall be compelled in any criminal case to 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. Right to remain silent. Miranda Rights.

Explanation of Connection:
In the politcal cartoon above, you can see that no person has to be held to answer something or compelled in any criminal case to be a witness.  United States citizens are entitled to Miranda Rights which is the right to remain silent. Citizens that do and do not abide by the law have the right to remain silent until a lawyer is present. In the cartoon, a police officer and detective are scolding a mime and trying to get him to speak but he has the right to remain silent.

I feel as though the fifth amendment sometimes may be abused. A lot of criminals use the fifth amendment to make up situations in order to defend themselves and get theirselves to be proven not guilty. Although, on the other hand the fifth amendment serves as a useful defense.

Fourth Amendment

Sourcehttp://www.huffingtonpost.com/jay-stanley/full-body-scanners-from-a_b_694466.html
Full Body Scanners: From Airports to the Streets ?

Constitution Connection:

"The use of this technology constitutes a search, and under the Fourth Amendment, a search can only be carried out with a warrant."

Explanation of Connection:

In the article above, it demonstrates the use of technology that is violating the Fourth amendment and the right of the people to  be secure in their persons, houses, papers and effects against unreasonable searches and seizures. Not to mention, the technology  that the airports are using is somewhat like an x-ray and can see through the clothing and reveal the naked form.

The article clearly demonstrates the Fourth Amendment of the United States Bill of Rights.m According to the article,  "The use of this technology constitutes a search, and under the Fourth Amendment, a search can only be carried out with a warrant." Plus, not only are the scanners an invasion of privacy but are said to provide exposure to radiation.

I cannot imagine having to go through a scanner that is not only revealing myself but even exposing myself to radiation. I feel that although it's for the safety of the people, there is an alternative option instead of exposing someone to radiation but also revealing people as well. It is not right, and I know there are certain precautions that they can take to make sure that no one is in danger nor is being exposed.






Sunday, August 22, 2010

Second Amendment-The right to bear arms

Source

http://www.youtube.com/watch?v=U6nBK7Yx2Ig

Constitutional connection:
  Amendment II: The right to bear arms ; 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:

There are many supporters of the right to bear arms. Law-abiding citizens should be able to keep the right to bear arms. Even if we were not able to bear arms, people would still get a hold of these weapons somehow just like drugs and other illegal things.

 There is big controversey on whether or not to keep the second amendment because of all the violence that has been  occuring in Chicago. I believe, that law-abiding citizens should continue to be able to bear arms. Homeowners need some type of protection and a fist will not do the job when in the process of protecting a family.

My home was burglarized on June 9, 2009. Since then, I am always wondering if one day I open the door and see are T.V or video games gone or even someone standing in our home. It is very frightening and it's a shame that we need to bear arms in order to protect ourselves but as we know, the world is not a very nice place.

First Amendment- Freedom of assembly


Source:  "California ruling puts President Obama on the spot"

http://www.politico.com/news/stories/0810/40683.html
Constitutional connection
  Amendment I: Freedom of assembly
Clause 6 of Amendment I ;"The right of the people peaceably to assemble, and to petition the government for a redress of grievances."
Explanation of Connection
  Activists are puzzled at President Obama's refusal to endorse gay marriage. Gay and lesbian activists feel as though President Obama has pushed this issue to the "back burner." Citizens are unsatisied and appauled at the "champion he promised to be." They remain uneasy because of Obama's nuanced attitude towards legalizing gay marriage in California. President Obama has opposed the California ballot, seeking to ban it.

This article clearly demonstrates the first amendment and the right of people to peacebly assemble and petition the government for a redress of grievances. Conservative voices see that younger people of all political persuasions are more accepting of homosexuality  rather than older people. Not only are the people of California protesting the right to gay marriages but the same is occuring in many other states.

I feel that just like the other situation,President Obama should put his feelings to the side and do what is right. All people should be treated with equality. Gay/lesbian or straight. All are human beings and sexual prefrences should not determine whether or not you may be happy and treated like a United States citizen.


Saturday, August 21, 2010

First Amendment-Freedom Of Speech

Source: Barack Obama's mosque moment frustrates Dems -08/21/10
http://www.politico.com/news/stories/0810/41325.html

Constitutional connection: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging 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." Source cited: http://topics.law.cornell.edu/constitution/first_amendment

Explanation of Connection:  This article demonstrated the constitutional amendment that I am connecting because President Obama has told Muslim leaders at the White House that he backed the Park51 project (building of a mosque near ground zero) because organizers "have the same right to practice their religion and freedom of speech as anyone else in this country." 

 Although, President Obama does not see eye to eye with the muslim leaders idea of building a mosque near ground zero, the First amendment protects the Muslims right of Congress making no law respecting an establishment of religion nor their views (freedom of speech)  on the situation. This article demonstrates how the freedom of religion and speech serves as a useful defense.Obama's assistants and even Democratic detractors say they admire the president’s willingness to sacrifice his own popularity for principle.

I give props to President Obama because I know that the Islamic people knew that was not an appropriate location to build a Mosque and despite that fact, President Obama put his feelings to the side and allowed the muslims to express their views on the situation and he decided to push back the building of the Mosque project to allow for consideration.