Thursday, November 27, 2008

Constitution Assignment PART B

Article 6: What is the Supreme Law of the Land? What is the significance, in your opinion, of the “No religious test” clause?
The Supreme Law of the Land is the constitution and the laws in the United States. In the blue print of the textbook that translates section 2 of article six, no one can make any laws that would be in conflict with “the constitution, acts of Congress, diplomatic treaties, or orders issued by the executive branch” shows the “supremacy” and the grand powers of how the federal laws work and have. In the “no religious test” clause, in my opinion, the significance is to not have any doubts between each members of the house. Because of the religious beliefs that each person has, they would have different opinion in different matters, making the whole house judgment to sway a bit and members would start to exclude the others. I believe having the “no religious test”, the members would be more united rather than separated and if they are not united with the same mind, the whole Congress would be unstable, making the people they have to protect start to waver about the members strength/power.

Article 7: What was necessary for the ratification of the Constitution? Why “Conventions” not “State Legislatures”? Why 9? Does this seem like a fair process to you? Why or why not?
What was necessary for the ratification of the Constitution is to have nine out of the thirteen states to approve the Constitution. They chose the conventions and not the state legislatures because the “framers” had doubts for if the state legislature would approve of the new government. I think the “framers” chose only nine of thirteen states to approve the Constitution because they do not think that everybody or all the states would agree to the Constitution and how “it would be extremely difficult to win unanimous approval” (blue ink of article 7). I think this seems like a fair process to me because back then, they did not have 50 states, and they only have thirteen states, so even though it is a small number, that’s all they can do for the ratification of the Constitution. Also there is not an equal amount of states, thirteen can’t be divided by two and having nine as the approval number makes it more equal to approve the Constitution which was a big matter at that time. About not choosing the state legislature but the conventions, I do not really have an idea as to why the “framers” would have doubts but I still think the state legislatures should have a say (if they have not) because the constitution resides with everyone in the United States.

Does the 2nd Amendment seem to you to allow “well-organized militias” to have guns, or to allow all people to have guns? Make an argument.
I do not think we should carried guns and let the “well-organized militias” to carried guns and arms. Many people does not know how to use guns and arms and if by mistake, they could hurt themselves while using an arm they do not know perfectly. Since “well-organized militias” have their training and using many years of their lives to know how to use arms to protect people, they should be the one to have guns. For example, if a crazy person who is not in a militia carried guns and randomly shoot and kill people then it would cause chaos. Guns can also go off by themselves if they did not locked the gun properly so then it is dangerous for unpracticed people to use guns. I believe that carrying a gun could also affect how you would feel on the street because people would get too cautious and thinks that everyone is going to hurt them.

Do “lethal injection” and/or the “electric chair” contradicts the 8th amendment? Why/why not?
I think the “lethal injection” and/or the “electric chair” contradicts with the 8th Amendment because people should not be just punished to death (which I believe the lethal injection and the electrical chair would cause). I believe the “lethal injection” and the “electric chair” is the very extreme punishment. Since the eighth amendment is saying that the bail and punishments have to be fair, I do not think those two punishments are fair to give out. I think the this amendment is to tell the judges to not go overboard with any of the punishments but to be give out fair and reasonable charges/punishments (not like “lethal injection” or the “electric chair”). I agree that “lethal injection” or the “electrical chair” is “cruel and unusual punishments” because there are not many people who get punished with the chair or the injection. Also imagining and thinking about the “lethal injection” or the “electrical chair” gives cruel images of the tortured people. I would feel sorry for them even if they committed a crime.

Constitution Assignment PART A

The Preamble
"We the people of the United States, in order to form a more perfect union, establish justic, insure domestic transquility, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves and our prosterity, do ordain and established this constitution for the United States of America." In the preamble, "we the people of the United States" would indicate you, me and each of the people living in the United States. Then they list all the things that would make the United Sates better and to protect the people of the United States. "We the people of the United States" is the most important phrase in the preamble, and where the government derives its power from the people to creat an "orderly, stable and just society" (taken from the textbook).

Legislative Branch - they are the closest and most directly reponsible to the people
-House of Representatives - responsible to the "will" of people. They also have to conduct a census to determine how many members they should have for each state in the congress. They also have the power to choose their own speakers and officers.
-Senate - they are less direct to the people so they are elected every 6 years but since they only have two people in each state, they are responsible to prevent larger states with bigger populations for dominanting smaller states. The senate is also like a big boss where the other officers cannot tell the senate what to do and when impeachment happens, the senate becomes a court.
Both the House of Representatives have their own rules in how they control their members and Congress cannot be arrested for what they say.
Powers of Congress: the power to borrow money and one kind of money in U.S; to creat a clear, uncomplicated system of trade; regulate the way which immigrants can become U.S. citizens; regulate international relations especially when it comes to war; provide and maintaining a navy; mail, knowledge and copyright exchange.
one of the responsibilities (or powers that Congress can't have) is that they cannot arrest citizens who did not commit a crime(which saves the people from getting told by the higher-ups of the government if they haven't done anything wrong).
(Also, the president have to obey some of the powers that the senates and house of representatives have and vice versa such as signing a bill from the president, if the president doesn't sign it, it turns into a law. Then with the president, the president needs approval for the treaties and appointments from the senates/supreme court)

Executive Branch - President and the Vice President
Electoral College: state legislatures decide how electors for that state will be chosen. Number of electoral votes = number of senators and representatives.
Responsibilities: becoming the president, the candidates have to be a natural born citizen, and 14 years resident to be eligible (and over the age of 35..that's old).
The president swears oath to the Constitution and only the constitution(not the country of USA).
- Duties of the President: give a state of Union address occasionally, adjourn Congress if 2 hourses are divide about a matter; receive ambassadors and commission officers; MAKE SURE THE LAWS OF THE U.S. ARE FAITHFULLY EXECUTED.
Power:
-The president becomes the commander in chief, for the army and the navy of the U.S.
-The president have the power to grant pardons
-The Congress cannot change the salary of the president in the middle of a term (aren't the president lucky?)
-When the president dies, the vice president takes over the president's seat

Judicial Branch
Responsibilities and powers:
The salary of the federal judges cannot be reduced (unless they do not maintain their "good behavior" and makes bad judgements).
Jurisdiction - the Supreme Court handles cases involving the Constitution, federal laws, treaties, and diplomatic officials, and international cases between the U.S.
Supreme Court - they can appeal judgements of lower courts
- first ones to hear and decide cases (foreign ambassadors and individual states)

The first task that the constitution group did was memorizing the preamble. It was quite fun memorizing the preamble, plus watching and listening others memorizing the preamble. However, when I look at the constituion it was very long, which awe me a bit. The legislation part of the constitution was long which started to bore me and there was some frustration too because its hard to understand what the constitution are saying even though there are the blue printed words explaining it.

5 insights/questions
-Is the president himself really swearing the oath to all of the people or the government in the constitution like the constitution says?
-How do the government know how their laws are proper or just? Do they know what is just? Can their laws benefit everyone or just part of the people/groups/classes of the United States?
-"We the people" do not actually refer to the people of the United States, meaning us today because it has been made a long time ago and ti was signed by the rich people. So is the preamble really directing the saying to us or some other people (in the past?)? And the list of the things/goals that the preamble said, can it be formed or is it still forming today?
-Is it possible to impeach the judges? How?
- Why does treason not apply to the congress? Is it because they are the protectors or maybe not of the United States? (Article, Section6 and Article 3, section 3)

Thursday, November 6, 2008

Election Response

"OBAMA WON! OBAMA WON! OBAMA WON!" was the biggest news that came out on Tuesday night and the next and the next day and so on for lots more days, and weeks. It is very exciting to see that it is history's first African American to become president. I think it is having an impact and encouragement on the other African American because they are, especially the kids are saying, "If Obama can become president, I can too in the future." Also, a lot of people are having high expectations for Obama and I do too because of what is going on with the economy and other problems in U.S. I agree with Mr. Andy how the expectations that people have on Obama are that it is going to be hard for Obama to overcome the problems. However, many people and I included will cheer him on if by some miracle, Obama has ideas to make the economy better again.
Questions that I have are: Will Obama be able to fix the medicial issues like the healthcare? What ideas that he has that can make the economy and having the people who have lost their jobs regain their jobs or other jobs? I hope that he can surpass and solve the problems like he winning the presidental election. xD