The United States Constitution Essay Example for Free

The United States Constitution Essay I. The United States Constitution is essentially a set of principles that provides for the framework of our government, establishes the three main branches of government and provides for their functions. It also contains an enumeration of the rights and liberties of the people. It is a relatively short document considering the role it plays in every nation. Because the constitution contains only general principles and policies, it does not seek to cover every eventuality. It also does not seek to provide a solution to every conceivable problems of man. As a result, disputes among those in power and those between the government and its citizens are likely to arise. Under the constitution, it is the Supreme Court and the other courts that are tasked to interpret the constitution. The concept of judicial interpretation has spanned a number of controversies regarding how the judges are to perform their constitutional function. Some say that the Supreme Court must adhere to the principle of strict constructionism. Under this principle, in case of doubts in the interpretation of any vague and doubtful provision of the Constitution, the Supreme Court must strictly construe its provision. According to Law. com, strict constructionism refers to the interpretation of the constitution â€Å"based on a literal and narrow definition of the language without reference to the differences in conditions when the Constitution was written and modern conditions, inventions and societal changes. (â€Å"Strict Construction†) This principle is preferred because it protects against judicial activism or judicial legislation which means that the Supreme Court goes beyond its function of mere interpretation and encroaches upon the domains of the legislature. By following this principle, the public can be assured that the constitution will not be abused and its meaning will not be changed depending on the whims and caprices of the Justices of the Supreme Court. Strict constructionism is contrasted with the principle of Original Intent. Under this principle, the vague and doubtful provision of the constitution is interpreted by means of ascertaining the intent of the framers of the constitution at the time it was enacted. They do this by examining different sources, including contemporary writings, newspaper articles and the notes from the Constitutional Convention. This is preferred compared to the principle of Strict Constructionism because it goes beyond the literal wordings of the constitution and determines the reason behind the constitution. It affirms that the reason why the constitution was vaguely written and couched in general terms is because the framers wanted the future generations to refer to the intention of the original framers of the constitution for guidance. Among the arguments against the principle of Original Intent is that the framers may have written the constitution but it was the will of the people who made it happen and who ratified it. Considering that they were merely agents and that the real principals are the delegates to the Constitutional Convention and the people, too much attention to the intent of the framers should be tempered. Secondly, even the framers had differences amongst themselves on some issues. In case of dispute, which intent should be upheld by the Supreme Court? For the present society, it is very troublesome that the intent of a person who has been dead for several generations shall be used as basis for important decisions that may affect a person’s life and his future. Among the arguments raised against strict constructionism is that it does not give justice to the constitution. As a living document, the constitution must be interpreted in accordance with its spirit that gives life to it not according to its strict and literal meaning that kills it. II. The procedure in juvenile justice system is essentially different compared to the procedure in adult courts. In criminal courts, our criminal justice system takes into account the element of free will. This means the court considers that when the crime was committed, the same was done willfully and intentionally by someone who is in full possession of his mental faculties. As a result, the penalty imposed is proportional to the crime committed. On the other hand, when a juvenile commits a crime, the law takes into account that he lacks full intelligence. The law considers that he is still corrigible. As a result, the emphasis is not on punishment and deterrence but on rehabilitation. The following are the differences in the proceedings before juvenile courts and adult criminal court: a) the proceedings in the criminal court are public and as a matter of public policy the public can gain access to their records except on certain cases. On the other hand, juvenile courts keep the proceedings private so as to avoid social stigma being placed upon the juvenile; b) another difference is that trial is strictly based on the fact of the commission of crime. No other evidence that seeks to prove the good character of the accused is generally admissible. On the other hand, juvenile courts take into account in its hearing the fact of the previous record of the juvenile; c) the determination in criminal courts is that the accused is either innocent or guilty. On the other hand, juvenile court’s ruling is that the juvenile is adjudged delinquent for the purpose of protecting the juvenile against the social stigma; d) two proceedings are involved in juvenile courts, once the juvenile is adjudged to be delinquent, another hearing is conducted for the purpose of determining the penalty to be imposed. On the other hand, only a single trial is conducted in adult criminal courts. Once the defendant is adjudged guilty, the finding already includes the proper penalty to be imposed without the need of separate hearing.

Pat Barkers Regeneration Essay -- Pat Barker Regeneration Essays

Pat Barker's Regeneration In her novel Regeneration, Pat Barker uses character development to emphasize the various themes in the novel. Pat Barker includes Robert Graves, a well known poet and writer, as a secondary character in a fictional setting. We are first introduced to Robert Graves on page five, where he meets with a very good friend Siegfried Sassoon in the lounge of the Exchange Hotel. During their conversation, they express, through their actions and language, a deep love for one another. In Barker's Regeneration, the importance of love and intimate friendship between men during war develops from the relationship between Robert Graves and Siegfried Sassoon. As Miranda Seymour tells us, Robert Graves was born in Wimbledon, near London. He was the first born son to Amalie von Ranke Graves and Alfred Perceval Graves. He was a handsome little boy with wide gray eyes and black curly hair. He attended seven different schools throughout his life. As a child he attended Wimbledon branch of King's College, but then was removed for using inappropriate language. He then was sent to Rokeby and made his name as a quarrelsome bully. Soon there after, he attended a school near Rugby "where he learned the forceful style of English which enabled him to appeal to a lay audience even with the most obscure subjects" (Seymour). Finally, his last preparatory school was Copthrone which was located in Sussex (Seymour). In 1913 he received a scholarship to study at St. John's College, Oxford but soon after, in 1914, he enlisted as a Junior Officer in the Royal Welch Fusiliers ("Robert Graves"). As a solider in World War I, Graves became injured in the battle of Somme. During his recovery, he published his first poetic collection, ... ...et concerned for his good friend Sassoon and to be there for him. He understands what Sassoon is going through because he has been through everything that Sassoon has. This relationship offers the introduction of the theme, love between men during war, a theme not only represented in the novel but in all times of war. Works Cited Barker, Pat. Regeneration. New York: Plume, 2003. "Graves, Robert Von Ranke." Encarta Microsoft Encyclopedia Standard. 2002 ed. CD rom. Microsoft Corporation, 2002. "Biography of Robert Graves." Robert Graves Website Project. 13 April 2003. <http://faculty.ed.umuc.edu/~rschumak/bio_rg.htm> "Robert Graves." Academy of American Poets. 13 April 2003. <www.poets.org> Seymour, Miranda. Robert Graves: Life on the Edge. 1995. 14 Apr. 2003. <http://www.washingtonpost.com/wpsrv/style/longterm/books/chap1/lifeonedge.htm>. Pat Barker's Regeneration Essay -- Pat Barker Regeneration Essays Pat Barker's Regeneration In her novel Regeneration, Pat Barker uses character development to emphasize the various themes in the novel. Pat Barker includes Robert Graves, a well known poet and writer, as a secondary character in a fictional setting. We are first introduced to Robert Graves on page five, where he meets with a very good friend Siegfried Sassoon in the lounge of the Exchange Hotel. During their conversation, they express, through their actions and language, a deep love for one another. In Barker's Regeneration, the importance of love and intimate friendship between men during war develops from the relationship between Robert Graves and Siegfried Sassoon. As Miranda Seymour tells us, Robert Graves was born in Wimbledon, near London. He was the first born son to Amalie von Ranke Graves and Alfred Perceval Graves. He was a handsome little boy with wide gray eyes and black curly hair. He attended seven different schools throughout his life. As a child he attended Wimbledon branch of King's College, but then was removed for using inappropriate language. He then was sent to Rokeby and made his name as a quarrelsome bully. Soon there after, he attended a school near Rugby "where he learned the forceful style of English which enabled him to appeal to a lay audience even with the most obscure subjects" (Seymour). Finally, his last preparatory school was Copthrone which was located in Sussex (Seymour). In 1913 he received a scholarship to study at St. John's College, Oxford but soon after, in 1914, he enlisted as a Junior Officer in the Royal Welch Fusiliers ("Robert Graves"). As a solider in World War I, Graves became injured in the battle of Somme. During his recovery, he published his first poetic collection, ... ...et concerned for his good friend Sassoon and to be there for him. He understands what Sassoon is going through because he has been through everything that Sassoon has. This relationship offers the introduction of the theme, love between men during war, a theme not only represented in the novel but in all times of war. Works Cited Barker, Pat. Regeneration. New York: Plume, 2003. "Graves, Robert Von Ranke." Encarta Microsoft Encyclopedia Standard. 2002 ed. CD rom. Microsoft Corporation, 2002. "Biography of Robert Graves." Robert Graves Website Project. 13 April 2003. <http://faculty.ed.umuc.edu/~rschumak/bio_rg.htm> "Robert Graves." Academy of American Poets. 13 April 2003. <www.poets.org> Seymour, Miranda. Robert Graves: Life on the Edge. 1995. 14 Apr. 2003. <http://www.washingtonpost.com/wpsrv/style/longterm/books/chap1/lifeonedge.htm>.

Bush’s Environment Policy Essay

The bush’s environmental policy basically concentrates mainly on first improving the economic and military condition of the country and then tackling the problem of pollution and environment degradation. The United States of America under bush’s administration is a realist state. For a realist state, international security is one of the main aims. Therefore, his policies are more towards removing hurdles for military development. Plus, resources are scarce, and this is nothing hidden from anyone, and since America largely depends on these resources, Bush’s administrative polices are always up for projects for production of energy. I would not say that his policies are against the environment, they are just not for it. I, being an environmentalist at heart, strongly disagree with the current Bush’s administration policy. If the level of pollution emitted by industries does not go down, we have every reason to worry about our coming generations and our natural habitat. At the international level, environmental issues are what matter the most because if a country like America does not change its policies, it will become the strongest nation of the weakest world. The United States of America is one of the most influential countries globally and its decisions affect almost every other country in the world. The only solution for environmental protection is global governance. This means that a single individual or a single state cannot do anything about this issue if it wanted to. Because it is a universal problem and it affects the entire globe, every state must come together and do something about it. Economic growth and environment protection cannot go hand in hand and often are two aims that have conflicts. This is why every country must make a choice. If the most significant and dominant country does not make the ‘right’ choice of giving priority to environment over economic growth, we cannot expect any other country to cut down on its growth economically. A study carried out recently came to a conclusion, that at present, the United States of America is responsible for most of the pollution caused in the world today. According to a BBC report, it constitutes for 4 percent of the total world population and at the same time, it is responsible for 24 percent of the carbon dioxide emissions given out in the environment. (BBC News, 2002) Hence, it is no surprise to why the majority of opinions are against the bush’s administrative policies. As mentioned in the article, according to polls carried out in 2001 and 2002, even the majority of the American public does not want economic, resource and military growth if that means that their environment has to suffer. America also had to face large criticism for not being a part of Kyoto Protocol which could have been the closest solution to the problem of global warming. In conclusion, I would like to state, that Bush’s policies are not for people because the long term result of them is loss of environment that surrounds those people. It must realize the importance of the strong need for strict environment policies before it is too late. References BBC News, (2002) Q&A: The US and climate change from BBC News. Website: http://news. bbc. co. uk/2/hi/americas/1820523. stm

Analysis Of Mcteague, By Frank Norris - 1302 Words

Since the beginning of time, humans like animals, possess certain innate behaviors that both are naturally born with. For example, animals are born, taken care of and spend their life making sure they have enough food in order to survive and in the end, reproduce. Similarly, humans also possess a natural instinct to survive, consume, and reproduce in order to keep this on-going cycle alive. The comparison between humans and animals at time may disturb certain people due to the simplification and degradation of the human race. However, it is this naturalistic view in life that certain individuals believe should not be shielded from the public in order to â€Å"protect† people and instead, believe it is necessary to educate as many people possible in the reasoning and acceptance of mankind’s innate actions. The novel McTeague, written by Frank Norris, is a book that demonstrates an individual s natural behaviors and desires which continues to be carried out by people toda y just as it has been since the beginning of time. It is through McTeague, that Frank Norris illustrates mankind’s naturalistic behavior that not only grabs the attention of the readers but infuriates the public as well. Benjamin Franklin Norris, otherwise known as Frank Norris was born on March 5, 1870 in Chicago, Illinois. Throughout his life, Frank Norris attended school in Paris, the University of California, and Harvard University which would later benefit him by establishing relationships which would