Executive Branch : Recovery Act

Source:
http://www.whitehouse.gov/the-press-office/weekly-address-recovery-act-benefiting-american-families-during-tax-season 

Constitutional Connection:
Article II Section III- State of the Union, Convening Congress

"He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient..."

Analysis of the Connection:

In President Obama's Address on April 10, 2010 he talked to the American people about the Recovery Act he established benefiting American families during tax season. He expresses an understanding of  those families who work hard everyday to provide for their families. He also explains how the Recovery Act has contributed to a ten percent increase in tax returns. About one-third of the Recovery act was made up of tax cuts and provided more than 160 billion dollars in relief for families and businesses. For the people that are buying a home for the first time, have a child and are struggling, or those who lost their jobs in the recession there are tax credits are available.

The Legislative Branch: DREAM Act Immigration Reform

Source:
http://www.guardian.co.uk/world/2010/sep/20/dream-act-immigration-reform-bill

Constitutional Connection:

Article 1; Section 7 : Revenue Bills, Legislative Process, Presidential Veto

"All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills."
Analysis of the Connection:

The US Congress is scheduled to vote on a new bill that offers young, illegal immigrants a path to citizenship if they completed a university of college education or served two years in the military. Senate leader, Harry Reid, is introducing the bill and faces widespread opposition from Republicans saying that the bill rewards law-breakers. The Democratic party expect to have leverage over the Republicans in this situation because the bill appeals to Latinos, the fastest- growing demographic group in the US. During his presidential run, President Barack Obama promised to introduce legislation that will provide immigrants a route to citizenship. Latino leaders were angry at his failure to uphold his promise so President Obama urged them to vote in November for the mid-term Congressional elections.

The Legislative Branch : "Dont Ask, Dont Tell Policy"

Source:
http://www.politicsdaily.com/2010/09/21/republicans-block-dont-ask-dont-tell-repeal/

Constitutional Connection:
Article 1; Section 7 : Revenue Bills, Legislative Process, Presidential Veto

"All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills."
Analysis of the Connection:

The artilce chosen gives details on the long and difficult process that the Democrats in Congress are going through in order to abolish the Don't Ask, Don't Tell policy. On the evening of September 21st, Democratic party senators were attemting to win Republican support in order to overcome a filibuster. In order to do this, they need the support of the whole Democratic contingent and 2 supporters in the Republican party senators. For those who wish to reform the policy, time is not on their side because of the mid-term congressional elections. The bill propoal has been more made complicated by the attachment of an immigration issue and some Republicans are now vowing to filibuster.

Judical Branch: Right To Bear Arms in Chicago

Source:
http://www.examiner.com/political-buzz-in-national/a-full-summary-and-analysis-of-the-mcdonald-v-chicago-supreme-court-case

Constitutional Connection:
Article III Section I - Judicial Powers

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Analysis of the Connection:
The Supreme Court decided in the case District of Columbia V. Heller (2008) that an individual citizen has the right to bear arms and the handgun ban in Washington D.C was overturned. After the case, many residents in Chicago argued that they deserved the same rights and should be able to own a handgun for self defence purposes. Chicago's laws doesn't prohibit handgun ownership but the circumstance/exceptions make it nearly impossible to own a handgun. However, the US District Court Judge and the US Seventh Circuit Court of Appeals both followed previous Supreme Court ruling saying that handgun laws in Chicago are legal.

Executive Branch :

Source:
http://www.whitehouse.gov/blog/2010/09/23/look-you-eye

Constitutional Connection:

Section 3 - State of the Union, Convening Congress
"He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient..."

Analysis of the Connection:

The article chosen explains in great detail the dynamics of the Affordable Care Act and the new Patients Bill of Rights that assures patients protection. The Affordable Care Act provides American's with better coverage and lower costs. The Blue Cross Blue Shield in North Carolina is willing  to provide more than 155 million dollars in rebates. However, just as the American people started to hold insurance companies accountable, a new Congressional Republican agenda puts them back in charge. Repeal of the Affordable Care act has real consequences for the American people. For instance, seniors will have to pay more for their prescription drugs and their Medicare benefits will be cut. There are also consequences for small businesses because it will raise taxes by 40 billion dollars on up to 4 million small businesses that provide health benefits for their employees.

The Legislative Branch : Congressionional Agenda

Source:
http://www.politicsdaily.com/2010/01/12/top-capitol-hill-agenda-for-2010-controversy-and-budget-busting/

Constitutional Connection :
Article 1; Section 7 : Revenue Bills, Legislative Process, Presidential Veto

"All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills."

Analysis of the Connection :

In the article, "Congressional Agenda for 2010: Controversy and Budget Busting" the United States congress has plenty on their plate. At the top of the "things-to-do" list that they wanted to tackle was the Health Care Reform. Along with that, they must address the Immigration reform,climate change and the Employees Free Choice Act. The Speaker, Nanci Pelosi decided to wait until the Senate members act on immigration reform before she asks the members to take a vote. During debates, Democrats and Republicans have a history of controversial showdowns, so Nanci developed a strategy. She believes the plan has always been for the Senate to move forward so they will go first. 

Despite the few bill proposals that need to be discussed, the Congressional calendar from last year overshadow the issues the Democrats wish to focus on.  These obligations include three expiring provisions in the Patriot Act, national debt and concern about rising debt among voters and Congress alike.

Amendment X : State's Rights

Source:
http://latimesblogs.latimes.com/lanow/2010/08/prop8-gay-marriage.html

Constitutional Connection:

Amendment 10: 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.

Analysis of the Connection:

Proposition 8 is a perfect representatiion of the tenth amendment. In the constitution, it does not state whether or not gay/lesbian marriage should be permitted in the states. Therefore, in November 2008, a voter approved ballot measure banned same-sex marriage in the state of California. This brought upon major ethical and constitutional controversies. However, in August of 2010, Judge Vaughn Walker striked down Proposition 8 declaring it unconstitutional.

I completely agree with Judge Walker on this issue. Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation.

I Plead The FIFTH !

Source:
http://writ.news.findlaw.com/colb/20080204.html

Constitutional Connection:
Amendment 5: 'No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall 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.

Analysis of the Connection:
In the article, a man by the name of Sebastien Boucher  had his computer lawfully searched and agents found evidence suggesting Boucher had child pornography files on his laptop. In order to incriminate Boucher, the Vermont Department of Corrections took custody of the laptop. However, the computer drive - where all the suspicious files were located- was protected by a password. The Grand Jury that is investigating this crime directed Sebastien Boucher to reveal the password. Boucher challenged the subpoena on fifth amendment grounds.

I agree with Sebastien on only one condition- that him revealing the password to his computer drive violates his fifth amendment rights. Nevertheless, this is a serious crime that needs to be proven and tried. While still attempting to crack the password, other measure need to be taken in order to build the case. For example, interrogations and getting a warrant to put a monitor on his computers in order to monitor the websites he searches.

The Fourth Amendment : Search & Seizure

Source :

http://www.networkworld.com/community/blog/full-body-x-ray-scanners-driving-down-street-



Constitutional Connection:

Amendment 4: '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.'

Analysis of the Connection:

In the article, " Full-Body X-Ray Scanners Driving Down A Street Near You?," The author discusses the controversy in officials being able to scan your body without you even being aware. It is said to be intrusive and violates the fourth amendment law. It was first sold to the U.S military and then to law enforcement for the purposes of searching nearby vehicles. The use of this technology constitutes a search, and under the Fourth Amendment, a search can only be carried out with a warrant. There are exceptions to that, but none of them would apply if this technology is being used on public streets.

I believe the full body scanners should be used for what they were originally for: the military and to search vehicles. Bringing the scanners onto the streets would be a violation of privacy and a waste of money. There is always someone misusing the technology for negative purposes. It would be less controversial if the American Science & Engineering would create a skeletal scanner instead of just subtracting the clothes.

The Second Amendment : The Right to Bear Arms

Source: Current Events & Politics: Right to Bear Arms

http://www.glennbeck.com/content/articles/article/198/12142/?ck=1



Constitutional Connection:
 

Amendment 2: "Because a Militia is important to the protection of the states, people have the right to keep and bear arms."

 

Analysis of the Connection:

 

Amendment 2 protects an individuals right to possess a firearm unconnected with service in a militia and to use that arm for traditionally lawful purposes, such as self-defense within the home. The Court determined that the Second Amendment limits state and local governmental authority to the same extent that it limits federal authority. The Supreme Court also stated that its ruling was not to be taken as an indication that all firearm restrictions are unconstitutional.

 
The evidence/ connection I found is a video clip from the website recorded above. It gives insight onto how some citizens of New Orleans rights were violated. After Hurricane Katrina storm, the government took special precautions to "protect" the residents of New Orleans and ordered the states police officers to confiscate all weapons. Unfortunately, the police officers went too far defeated the purpose of the task. The first mistake was not having warrants to enter the residents home but entering regardless. The other mistake was using violence in order to get the weapons. Throughout the video, we heard the view points of those residents that were intruded upon.

I feel like the Police officers definitely overstepped their boundaries this time, even if they were given special orders. The citizens had a documented right to own those weapons. Not only did the officers violate those citizen's second amendment rights, but they also violated the fifth amendment right. Those officers were on private land and they forced their way into those homes without a warrant. In the video, it also explains an incident where a elderly woman was physically assaulted! Some special precautions should be taken to handle this. Against the officers and the person giving the commands! I would sue.

The First Amendment : Freedom of Assembly

Source: "Hispanic Day Laborers Sue Freehold, Claiming Right to Gather to Seek Work"

http://www.nytimes.com/2003/12/31/nyregion/hispanic-day-laborers-sue-freehold-claiming-right-to-gather-to-seek-work.html?scp=3&sq=Hispanic%20Day%20Laborers&st=cse

Constitution Connection:

Amendment 1: "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."

Analysis of the Connection:

The history of where "The Freedom of Assembly" derived from is not as widely documented (in detail) as "The Freedom of Speech." However, there are many documentations of cases surrounding the topic.

In 1876, the right of assembly was first tested by the Supreme Court. It was a case of the United States vs. Cruikshank. The defendant was accused of violating the Enforcement Act of 1870, which forbid any act to "intimidate any other person from freely exercising and enjoying any right or privilege granted or secured by the Constitution of the United Sates."

The defendant's charges were ultimately realised when the court declared, "The right of the people to peaceably assemble..."

In the article, "Hispanic Day Laborers Sue Freehold, Claiming Right to Gather to Seek Work," a group of Hispanic Laborers decided to come together, take charge and sue the Federal District Court in Freehold, New Jersey. The laborers felt as though the Court was restraining their First Amendment rights by preventing them from gathering in a vacant lot to solicit work. The working opportunities presented by the local church was also quickly shut down by Freehold officials because they didn't want an "open-air job market" moved into the church.
Read more at Suite101: Understanding Freedom of Assembly: A Look at the First Amendment Right to Gather Freely http://www.suite101.com/content/understanding-freedom-of-assembly-a66325#ixzz0xTkGCyMP

I respect the Hispanic day laborers for standing up for themselves and coming together. I strongly believe that the Freehold officials definitely violated the citizens First Amendment rights by preventing them from gathering at a vacant parking lot. The constitution clearly states "right of the people peaceably to assemble," and they union was for a positive cause. The Federal District Court definitely should be sued.

The First Amendment : Freedom of Speech

Source: "Appeals Court: Stolen Valor Act Unconstitutional"

http://www.washingtontimes.com/news/2010/aug/18/appeals-court-stolen-valor-act-unconstitutional/

Constitutional Connection:

Amendment 1: "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."

Analysis of the Connection:

The history of the first amendment: freedom of speech, traces back long before it was codified by Thomas Jefferson and James Madison. A desire for freedom of speech can be connected all the way back to Colonial America where the first settlers longed for the right to freely speak about their religious beliefs.

The constitutional basis, however, can be traced specifically to the trail of John Zenger, a German newspaper publisher, in the year 1735. Zenger publicly published criticisms of the Governor of New York, William Cosby. After attempted retaliations from Cosby, Zenger was finally arrested on July 29, 1735 but was acquitted of the charges and free speech was established.

In the article, "Appeals Court: Stolen Valor Act Unconstitutional," an appeals court in Pasadena, California made yet another ruling on a military/marine warrior impostor. Xavior Alvarez, a water district board member, stated at a public meeting in 2007 that he was a retired marine officer who'd received a Metal of Honor. Alvarez was indited in 2007 and pleaded guilty on the basis that he would be allowed to appeal on First Amendment grounds.

Personally, I strongly agree with the court for inditing Alvarez. He was wrong in what he did. Unfortunately, we have some insensitive, careless people in our country that search for that "gray area" and take things too far. There is no use in lying about your profession publicly when someone can easily find our the truth. Yes, people have the right to say what they wants to say but if it violate some one ELSE'S right or if you are benefiting from something by lying, then you must suffer the consequences.