Friday, September 24, 2010

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.

Thursday, September 23, 2010

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.

Tuesday, September 14, 2010

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.


Sunday, September 12, 2010

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.