Weblog

Saturday, 07 November 2009

  • The Fourth Amendment

    As Americans it is of the utmost importance that we have an understanding of our own rights and freedoms granted to us by the Constitution and its amendments.  The Fourth Amendment in particular is one that should be noted as it provides American citizens with the right of privacy from the government as it limits the Federal Government from searching or seizing a person or his possessions without a proper warrant (The Fourth Amendment).  Today there are many different interpretations and informal amendments to the Forth Amendment of the Constitution.  This is only natural with the progression of time and as new circumstances call for government officials to view the Fourth Amendment through a different lens (The Fourth Amendment).

                The Fourth Amendment of the Constitution declares that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (Search and Seizure).  The Founding Fathers turned to British History for their inspiration for this and many other Constitutional amendments.  They admired the idea presented by Sir Edward Coke during the Semayne Case where he said “The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose.” (Wikipedia). The Semayne Case ruled that the King did not have authority to barge into his subjects home and that the government (Parliament) had the authority but only when a warrant had been obtained (Wikipedia).

                Today however, it is hard for life to be “private”. Author Bruce Schneier has this to say about the issue; “In the United States, the concept of "expectation of privacy" matters because it's the constitutional test, based on the Fourth Amendment, that governs when and how the government can invade your privacy.

     

    Based on the 1967 Katz v. United States Supreme Court decision, this test actually has two parts. First, the government's action can't contravene an individual's subjective expectation of privacy; and second, that expectation of privacy must be one that society in general recognizes as reasonable. That second part isn't based on anything like polling data; it is more of a normative idea of what level of privacy people should be allowed to expect, given the competing importance of personal privacy on one hand and the government's interest in public safety on the other.

     

    The problem is, in today's information society, that definition test will rapidly leave us with no privacy at all.”(Schneier).  Mr. Schneier brings up a very valid point when considering just how information driven our society is, not to mention how incredibly well connected the world is.  Privacy in the modern world is almost non-existent thanks to the internet, cell phones, security cameras and credit cards.  One would have to literally become a hermit living far from society in order to avoid the possibility of being tracked (The Fourth Amendment).  With the recent installment of the Homeland Security Act, the government now has the right and authority to eavesdrop on my father’s phone calls simply because he is an immigrant from the Middle-East.

Saturday, 31 October 2009

  • POTUS

        Every nation that has passed through time has had in its history a figurehead leader that has directed the government and nation in their actions.  The United States of America is no exception to this fact as we very well know.  The President of the United States, referred to as POTUS, is the leader of our nation and the head of the executive branch of government.  As leader of the nation, the President is the one who makes policy for the nation and directs the nation down the path he thinks is best.

                The powers and responsibilities of the POTUS are numerous and severe.  The lives of more than three-hundred-million Americans are apart of the Presidents responsibilities that he must constantly bear in mind.  “On assuming office the president takes an oath, as prescribed by the Constitution, faithfully to discharge the duties of office and to “preserve, protect and defend the Constitution of the United States.” The president is charged by the Constitution with executing the laws of the U.S. In discharging this responsibility the president is assisted by the vast network of agencies constituting the executive branch of the government and administered by the members of the cabinet and the heads of the independent federal agencies.” (History).

    Just what exactly are the duties of the President you might wonder?  To start, we must keep in mind why the Constitution of the United States was created. “The Constitution, as is well known, created a system of checks and balances to prevent tyrannical government.” (Answers), meaning that though the President has the most authority out of any member of the government and has numerous powers over the government and military, there are still plenty of systems within the government that keep the powers of the Oval Office in check to make sure that the nation is powered by the people and not by a single man or committee. (American President).

     As a federal government, the President as the head of the executive branch of government must work in tandem with the legislative branch, meaning Congress and the Supreme Courts, to make policy for the nation and carry out the plans they have (Wikipedia).  Compromise becomes a key part of accomplishing any attempt to reform policy. “The president has to seek co-operation but he also has to be seen to be leading the nation. This is one of the great ironies of being ‘the most powerful man in the world’. As the leader of his nation he has to be seen to lead yet he is frequently engaged in negotiations etc. (either personally or by proxy) with politicians based in the Capitol. Instances do exist where this co-operation has broken down but it is rare and it is usual for all three partners in government to work together as anything else discredits the whole system. In the past, when a breakdown has occurred, Congress has received the blame thus giving the president an edge over it as an institution.  For normal day-to-day purposes the president has to accept that senators and representatives have their own legitimate power bases and these have to be recognized.” (American President).

Sunday, 25 October 2009

  • The Fourth Amendment

    As Americans it is of the utmost importance that we have an understanding of our own rights and freedoms granted to us by the Constitution and its amendments.  The Fourth Amendment in particular is one that should be noted as it provides American citizens with the right of privacy from the government as it limits the Federal Government from searching or seizing a person or his possessions without a proper warrant (The Fourth Amendment).  Today there are many different interpretations and informal amendments to the Forth Amendment of the Constitution.  This is only natural with the progression of time and as new circumstances call for government officials to view the Fourth Amendment through a different lens (The Fourth Amendment).

                The Fourth Amendment of the Constitution declares that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (Search and Seizure).  The Founding Fathers turned to British History for their inspiration for this and many other Constitutional amendments.  They admired the idea presented by Sir Edward Coke during the Semayne Case where he said “The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose.” (Wikipedia). The Semayne Case ruled that the King did not have authority to barge into his subjects home and that the government (Parliament) had the authority but only when a warrant had been obtained (Wikipedia).

                Today however, it is hard for life to be “private”. Author Bruce Schneier has this to say about the issue; “In the United States, the concept of "expectation of privacy" matters because it's the constitutional test, based on the Fourth Amendment, that governs when and how the government can invade your privacy.

     

    Based on the 1967 Katz v. United States Supreme Court decision, this test actually has two parts. First, the government's action can't contravene an individual's subjective expectation of privacy; and second, that expectation of privacy must be one that society in general recognizes as reasonable. That second part isn't based on anything like polling data; it is more of a normative idea of what level of privacy people should be allowed to expect, given the competing importance of personal privacy on one hand and the government's interest in public safety on the other.

     

    The problem is, in today's information society, that definition test will rapidly leave us with no privacy at all.”(Schneier).  Mr. Schneier brings up a very valid point when considering just how information driven our society is, not to mention how incredibly well connected the world is.  Privacy in the modern world is almost non-existent thanks to the internet, cell phones, security cameras and credit cards.  One would have to literally become a hermit living far from society in order to avoid the possibility of being tracked (The Fourth Amendment).  With the recent installment of the Homeland Security Act, the government now has the right and authority to eavesdrop on my father’s phone calls simply because he is an immigrant from the Middle-East.

Saturday, 03 October 2009

  • Tsars in the American Government

                In the wonderful world of American politics, President Obama is yet again (like so many of his predecessors) stirring up a lot of controversy in the media.  This time however, it does not have to do with the public health care that he is pushing for or the loaning of large amounts of money to failing companies.  What President Obama has done now to stir up controversy is to elect numerous “tsars” or “czars” to power.  Though the tsars do not have any actual administrative or executive powers, they hold an important role as advisors to the President on the subjects which he has appointed them to study (Tisdall).  The problem with these numerous tsars that the President has elected is that we the people have no say in who can be chosen.  Technically the President is supposed to present the people he wishes to be apart of his Cabinet to Congress who carefully questions and reviews the background of each nominee (Tsar Struck).  However, this process typically takes several months before the nominee can be confirmed, and if he is not then the POTUS must choose someone else to fill that spot (Tsar Struck). So what President Obama is basically doing is bypassing the usual precedent of assuring the public that the people he is choosing to be apart of his Cabinet of Advisors are trustworthy and hold the publics best interest at heart.  Sadly, Congress turns somewhat of a blind eye to this sort of thing, yet with the election of so many tsars, many members of Congress and much of the public is growing deeply concerned at who exactly has the President’s ear.

Sunday, 27 September 2009

  • The rather sucky blog on the Federalist Papers

    The Constitution of the United States of America is the supreme law of the land.  It is this document that sets out the responsibilities of the government and individual states.  As such, the Constitution is not to be taken lightly as the founding fathers very well knew.  The weight of responsibility for drafting a document of this magnitude must have been unimaginable for those founding fathers.  The ridicule and criticism they must have faced from their colleagues and fellow Americans would have been immense.  As a result of all this propaganda, many Americans began writing to newspaper companies to voice their concerns or praise of the Constitution.  Numerous essays began to appear in two prominent newspapers called The Independent Journal and The New York Packet that were signed Publius, which detailed the workings of the Constitution and the philosophy behind it (Federalist Papers).  Today, these essays which were in fact written by James Madison, Alexander Hamilton and John Jay are known as the Federalist Papers and are the primary source of interpretation of the Constitution as they were written by some of the more prestigious founding fathers (Federalist Papers).

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