Part D

Given the distinction between a constitutional amendment and a law - if you had the influence how would you amend the constitution?

I don’t think that the constitution has any problems except for the wording. The constitution was amended so that now the clause about slaves is nonexistent. The constitution has a lot of good ideas because it keeps everyone’s rights equal and makes people feel like they are in charge of their own lives. People in the United States (for the most part) don’t have a problem with the laws enforced by the government.

I think the real problem is that people in America (particularly those in power) take advantage of their constitutional rights which is extremely unfair. If I were to amend the constitution, I would create an amendment that prohibits people (particularly government members and police officers) from abusing their power. Although the constitution states that people will not be discriminated against based on Gender, Race or status in society, many times, officials disguise their discrimination and say that they are “serving and protecting” when in actuality they are abusing their power. Just because it is written in the Constitution that no one shall be discriminated against, doesn’t mean that it will actually be put into effect.

If I were to write something like this into the constitution, whenever we see a case of police brutality or corruption on the government’s part, the people would decide if the official in question deserves to be punished. Hopefully this would create police brutality and such to be unconstitutional for real and stop the trouble. Again, just because it is written as an amendment, doesn’t mean that it will be upheld.

People in the government are rich and want to keep their power which is why they hold the constitution so highly, because it reserves their power and protects them by giving them certain rights that make them “different” from the “lesser people” without making it seem corrupt. Whether or not making amendments to the constitution will help create a more just society is too difficult to tell. It has more to do with how the people of the U.S. act and how they preserve their rights.

What is the general tendency of the Constitution and Amendments in your view?

I feel as if the constitution is a contradiction of itself. Many times in the constitution we see that in the beginning it will say one thing and then later on it will say something different. We see that it states: “…no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States,” and then goes on to say: “…Seventeenth Day of September in the Year of our Lord…” They talk about how no religious views will be viewed as a problem when a President comes into office, but then they place a minor religious view in the constitution almost as if to show off the amount of power they have. This seems to me unfair because all people didn’t believe in God and “the Year of our Lord” refers to God.

We also see that in Article 4 of the constitution it states that every state may create any laws and rules they feel are adequate, yet later on in this article it states that the Federal Government is the highest government there is and can overrule any law that a state makes. It also states later in amendment 14 that the U.S cannot make laws that go against the people’s right to decide what they want to do with their lives. Yet the constitutional law still stands that the Federal Government is the highest power. Should they decide that they disagree with a certain persons decision (such as gay marriage and such) they can rule it unconstitutional and make abortion or gay marriage or any number of things illegal. Here we see that in actuality the people of the United States don’t actually have much of a say in their lives.

The 4th and 5th amendments state that people have the right to remain silent in a case that they are convicted of a crime and that they have a right to their privacy. Government officials are not allowed to search a citizen’s belongings without just cause and a warrant. Officials often abuse this right because as we see often, in libraries, airports, subways and national landmarks etc. we have our belongings raided and then are told “its procedure” and that these officials must “protect their country.” We also see that our “right to remain silent” can be constantly used against us. If someone remains silent, they are considered suspicious and sometimes guilty because our officials decide that the convicted is hiding something. This may make us wonder why it is we have rights to our privacy and the right to remain silent when they can then be contradicted without a second thought.

How does the Constitution, as amended, create/constrain/shape the American Way of Life?

When taking a step back and looking at the constitution, we can see that it shapes the basic emotions and look Americans have on their way of life.  The constitution is written in a way that gives people a sense that they have a lot of power in the way their country is run.   If asked what system of Government is the United States based upon, many people would proudly state “a Democracy.”  This, however, is untrue because to the well informed, we know that the United States is a Republic.  This little fact plays a big role in the American way of Life because everyone is pulled towards America because of our “Democracy,” but living under it shows people how unevenly balanced the power actually is.

The constitution states that every state must have a representative (or 2) to help make decisions for that state.  This gives and maintains the rich people’s power.  American citizens don’t even get to directly elect their President.  Although we vote, most of the decisions are based on the votes within the different branches of government.  Our government tells people that they have certain rights that taking away will be unconstitutional.  But the government uses excuses like protecting the country to break these laws without getting into trouble.  They follow the constitution and penalize those that break it in order to maintain the rich people’s power and to make the “lesser people” feel as if they have some importance.

Knowing that our country is run by a “great document” like the constitution, gives many citizens a sense of pride and dignity to be an American.  Yet no one ever really takes a step back and looks at exactly what the constitution says.  They see that they have certain rights that cannot be taken away and that they have power to elect a senator and can vote for their President, but they don’t see that fact that the government states in the constitution that the Federal Government is the highest form of government and has the most power.  If they find something not to their liking, they have the power to find it unconstitutional and find a way to put an end to whatever the “unlawful” act might have been. 

If the President finds that in the Supreme Court there is a case that he considers unconstitutional, he has the power to add as many justices as he likes and whomever he would like.  He can elect a majority of people who agree with him thus making the Supreme Court rule a certain act as unconstitutional.  This proves how easily rich people in power can manipulate the constitution.  They can use it to their advantage and not get in trouble for most things they do.  They can simply do what ever they please and then turn their heads as if nothing happened.   

 

Part C

What is the importance of the 12-15th amendments?

Amendment 12 is an extremely important amendment because it is the rules on how a President (or Vice President) comes into office. It is stated in the amendment that the electors would cast their vote for President and then the votes would be counted and the candidate with the most votes wins the election. This amendment basically gives our government its structure and makes people believe we have a democracy. The 13th and 14th amendments are very important as well because when they were created, they introduced the idea that slaves and all people born in the United States are thereby under the law of the United States and shall not be discriminated against based on what or who they are. The 14th amendment goes into greater detail and talks about the qualifications for being a Senator and the qualifications for those who will be voting. The 15th amendment continues this trend in saying that all people shall have the right to vote and this shall not be revoked based on color, gender or previous status in society.

These amendments are extremely important because they show how the views of the United States were in the process of changing. These amendments reiterate constantly the fact that slaves will be (in a way) treated as equals and that people will not be discriminated against. It also gives us our voting procedure which, if we had none, would create confusion and possible chaos in our government.

How does the 14th amendment conflict with gay marriage and abortion rights?

The 14th amendment states that: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This means that no state may create a law that takes away a citizen’s right to be happy or to make decisions for them that will better their situation. This amendment strongly conflicts with certain rules that state that gay marriage is illegal and that abortion is illegal. The 14th amendment gives people the right to better their lives and make decisions that will make them happy. Should any state ban gay marriage, they are taking away a person’s “liberty” and the right to be happy. The conflicts in this amendment are great and can cause many issues. The amendment states that “we the people” have the right to choose what we need, want and will make us happy.

Enforcing this amendment will be extremely hard because there are many, many different people with views that support and are against gay marriage, abortion and a female’s rights to her body so no one will ever agree on an amendment to this amendment. States will have their own laws because it is their constitutional right, but their laws may go against this amendment. It is stated in the constitution that the federal government has the most power over every government, yet the federal government can’t enforce this amendment because within the Federal Government, many people disagree with the idea that gay marriage and such should be legal.

The significance of Amendments 11-27:

Amendments 11-27 go on in detail about how the President will be elected. They state that no one shall be denied the right to vote based on gender or race. We see that most of the amendments after #12 are regulations, rules or qualifications about the election of Presidents, Vice Presidents, and the rules for Congress and Senators etc. We see that the importation or exportation of intoxicating liquors are denied access into the states. The Congress has control over this and other imported and exported goods. Some of the amendments give people the right to choose their happiness and that the government cannot get in the way of other people’s justice.

Personally, I think that all of the amendments in which we find qualifications for the voting process and rules for who shall enter office are the most important. These amendments (such as the 12th) give our government its structure. They tell each house in some small way a short summary of what powers they have and how they are all even. We see what happens if the President dies, when a Vice President takes over, what are more powers the Congress has and many other jobs of the houses of government. Without these amendments, our government would not have any constructive way of choosing a leader and the government would not be split up into the powers that it has so each house would be fighting for the most power.

Part B (continued)

How do the 4th and 6th amendments become distorted in our Country?


The 4th amendment states that people of the United States have the right to their privacy. They may not be searched or investigated unless the government has a warrant with a sufficient reason as to why they are searching this person and only a select few places may be checked. The 6th amendment states that should there be a criminal convicted who does not have a lawyer; one will be provided for them. This amendment is often contradicted because of the hunger for power. These amendments distort our society because they show us that the government promises us that we will have privacy and we can do what we please, but in actuality when we enter the subway station or an airport, we are randomly checked because the government is “trying to protect the country.” Police officers often discriminate who they check based on gender or race and possibly religion which goes against the 5th amendment. In terms of the 6th amendment, when criminals (or innocent people) are convicted of a crime and cannot supply their own lawyer, they are provided one. But if the court and police find the convicted guilty no matter what, they can provide the convicted a lawyer who is unhelpful.


Although the Bill of Rights states that we have privacy and will be helped in a case where a person cannot help themselves, the government takes over these amendments and gives themselves power. They create it so that they control people’s fate in terms of trials and such by giving a person a bad lawyer and they control who and what is private in the lives of Americans and cover it up with the idea that they have to “protect the people from enemies.”

How does the 4th amendment conflict with Section 4 Article 4 of the Constitution?

The 4th amendment gives people the right to their privacy; they may not be searched without just cause. Section 4 Article 4 of the constitution states that the government ensures the safety of the people of the United States from enemies. These 2 rules conflict with each other because it is not defined what is just cause to search a person. People are randomly searched in the U.S. all the time based on what they look like. The Government uses this excuse that they want to protect its people so that they have a “just cause” for searching whomever they please.

Being able to randomly search through people’s belongings gives police and in turn the Government a sense of power because they write amendments and parts of the constitution that make people feel safe and free. They’re happy because they can have privacy and be protected by a strong government, but they don’t realize that they are stuck under a government which thirsts for power and obtains it by raiding peoples belongings for no just reason.

Part B

How does the Constitution trick people into believing that they have power in the country yet give the government the most power?


From Article 4 in Sections 2-3, we see that the “Framers” say that states must respect the rules and regulations of every other state. The states are allowed to have their own laws, but they cannot go against the constitution. It is also stated that the government has the only rights in creating a new state and the Congress has the power over which of their new states becomes part of the union. In Section 4 we see that the “Framers” wanted people to know that the government still has most of the power. Federal Government is said to be the most powerful government. It protects states from all “enemies” and ensures that people have a representative government.

From this, we can contract that the “Framers” wanted people in every state to feel as though they have most of the power in how their lives were run. The states make their own rules and that’s ok and they will be respected, as long as they abide by the constitution. The government lets people deal with the prosecution of a criminal in their state and ensure that their laws are abided by, but should the government dislike the occurrences and find them unconstitutional, they are able to change what they disagree with. They give people rights, yet they still say that the Federal government no matter what, will be the most powerful government. They will create new states and decide who gets to join the union and should they feel that a state is “unworthy” they may deny them access to the union. This article shows how the government is afraid to give the people a lot of power because they want to ensure that the rich people stay in power and don’t lose their superiority. The government tricks the “lesser people,” saying that they can have rules and they can make up whatever type of laws they want for their state, but they MUST abide by the Governments “outlines.” This actually takes AWAY from the rights that the people have than adds to them.

Why is the “No religious test” rule placed in the Constitution?

The constitution states that there will be no test of religion required to be qualified to become part of office. This is placed in the constitution so that people in the state feel that it is safe to practice any religion within the United States and no one will be penalized for it, not even those running for office. The “Framers” of the constitution wanted to make the constitution seem as though it opened the state to everyone and everything no matter how different. Yet, they contradict themselves because they don’t count slaves as part of the population; they call them “Person[s] held to Service or Labor.” They constantly refer back to the Indians and treaties that were made with the “savages,” as though they don’t exist or don’t matter even though these “savages” were the 1st to reside in the land. They later state: “Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth.”

We see that the “Framers” try and use religion in the constitution to make it “equal” for everyone, but obviously with the way they refer to slaves and Indians, they tried to use words that still give them the upper hand. They also say that the constitution was created “in the year of our Lord” meaning God. Although they say that religion won’t really matter, but then they “sneak” God into the constitution, although not a major part, still being biased and in a little way forcing Christianity into the lives of all who live under the constitution.

Part A

The Preamble states that people in America have the right to protection by the government and justice within the system. It states that the constitution was created in order to form a closer bond within America and its citizens, preserve liberty and ensure the safety and fairness that people deserve. The constitution states that the government is split up between 2 houses that distribute the responsibilities and such equally between them. They balance each other and keep the rules “fair.”

Legislative Branch:

The Legislative branch is the only bicameral branch consisting of “The House of Representatives” and “The Senate.” Although they reside in the same branch, both of these houses have semi-different responsibilities. The House of representatives, for example, is more closely related to the people of their state. The people elect them directly while members of the senate are chosen by state legislatures and there are only two senators elected. Both of these houses are responsible for keeping power equal within every branch as well as within every state. Senators ensure that larger states do not try to overpower smaller states. This branch (as well as the others) keeps a record of their own proceedings and determines laws for their own branch. Yet this house has the ability to create bills, which in turn may become laws. Other powers consist of collecting taxes, creating punishments for counterfeiting, determining the value of money, declaring war, laying claim to resources. They also have power over land and naval forces.

Executive Branch:

The Executive branch consists of The President and The Vice President. The people do not directly elect a president, the legislatures from other houses have most of a say in the matter of a president. The president can be commander and chief of the army or navy should he decide to do so. The President mostly focuses on the states affairs with other countries and treaties and such. He may right pardons and reproves for army, navy or military officials should he feel the need. He may also make agreements and treaties with other countries. Although he is elected by the legislatures, the President elects members of the supreme court and has a right to change or add the number of justices on a supreme court council. Should a President do anything unlawful or unconstitutional, he can be Impeached by the Congress. The president must be sworn into the White House and must abide by certain laws and rules. He may veto laws should he find them unacceptable or disagree with them yet he may be overthrown by the Congress in a case that 2/3rds majority disagrees.

Judicial Branch:

The Judicial Branch consists of members of the supreme court. The supreme court is only tends to cases that have to do with unconstitutional acts. The supreme court decides if a certain act is considered unconstitutional or not. They also deal with crimes having to do with treaties, treason or federal law. The supreme court makes sure that all states are at peace with each other and that they do not discriminate states based on their personal laws. The Supreme court may rule an amendment or a law unconstitutional and may talk to congress so that they amend the law or amendment.

Feelings:

The constitution is basically a giant list. It states that people have certain rights and that the government has certain rights and powers, yet it is written in a way that makes people believe it is the greatest document ever written. When we actually take a step back and look at the constitution we can see that it is basically a very craftily worded document that makes people feel powerful and important so that there are no rivalries in the system.

Questions/ Insights:

•Slave = “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit.”

•Everyone at the time knew that there were slaves and knew how they were treated. Why then, did they not use the words slave and try to “beautify” the job?

•If the constitution was created so that the government had equal power, why is it ok for the President to elect as many and whomever he/she wishes for the Supreme Court?

•Doesn’t this cause an imbalance in justice if the president chooses those who agree with him?

•Should any other house see this and think it unjust could they do anything about it?

Class Argument

I really don’t have any opinion on what happened in class today. I really don’t care at all because it’s just a typical thing that happens in our classes every day. Our grade always yells and screams and curses at each other. It never really gets anywhere. I really don’t even see the point of reflecting on it.

As for the man killed during black Friday, I feel as if the man being killed shows how Americans don’t really care about each other. They put their own happiness and their own needs before anyone else’s and then when asked what they cherish most, they put up an act and say that their family is most important. This brings me to another idea which is that Americans are very dependent on image. They say family is very important to them only so that they can look loving and caring when in actuality only a hand full of those Americans will really truly mean what they say. This man was killed because people felt the need to fulfill their own materialistic needs. That and the fact that he was trying to do his job when the boss told him to stand in front of the glass doors with the angry mob on the other side.

Thanksgiving and Black Friday

I basically had a typical “Americanized” thanksgiving. I ate food with my family I watched the parade in the morning with my sisters I spent time with my boyfriend and his family and there was nothing really out of the ordinary. I didn’t really bring up the topic of genocide at dinner and the only reason I brought it up was to say “Andy told me to mention how thanksgiving is a genocide so I thought I’d mention it to you, but I don’t really feel the need to spend time talking about it.” I just honestly didn’t think that it was something that needed to be brought up in the middle of a family dinner. I understand that it was something horrible that happened and it should be acknowledged, but I don’t feel like the middle of thanksgiving dinner is an appropriate time to talk about it. People our right in saying that thanksgiving is a day in which we celebrate the pilgrims coming together in “our new America” and breaking bread with the Indians, but it has been taken and molded into a new, more Americanized holiday that revolves around people spending time with their family and eating a lot. No one ever really thinks about genocide or really wants to think about something that depressing on Thanksgiving.
As for Black Friday, I went shopping with my boyfriend like normal. We weren’t rushing for sales, shoving people, scavenging for low prices or any of that. It was just 2 people going out shopping with each other making fun of each other, other people and spending time together. I really don’t think that shopping on Black Friday is such a problem. I don’t think it has to do with anger or being unable to share emotions. I just think it’s a natural thing that people do in typical AWOLs that can get out of hand when people become greedy. If certain people want to throw the whole capitalism thing into it, Black Friday can help in terms of leading us out of a resection and boost the economy at least a little bit.