Sunday, December 21, 2008

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.   

 



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