Another stab at the constitution

In this article we can see how the “Constitution” is not perfect, at the time our forefathers wrote this constitution the political system that existed was very different. It was a new country with new issues and problems. I feel that the constitution was written by men with vested interest in protecting their own rights more so than those of the newly created nation. Times change and so should the laws that govern our country. In the centuries that have followed our country has grown and evolved and so should our constitutional rights. Fortunately the constitution whether planned or by accident has provides us several methods/ loop holes as discussed in the article that allows our elected politicians to make changes. One of the things that I really agree with is the way that these loop holes allow changes but has many safe guards in place to prevent abuse of power or changes by governing political parties that may give them an unfair ability to make these changes. The fact that it includes the house, senate and legislature can help us feel that we the people are being represented.

I agree with the commentary by Jamal Greene that there should be a term limit for federal Judges; I have often seen judges on television that without actually seeing them perform their tasks have made question their ability to see things clearly in today’s day and age. Just as in the case of the constitution, laws must change with time and the ability of an older judges to change his or her opinion along with the laws may be difficult. In addition as stated in the commentary if a judge is allowed to continue in his or her position as long as their behavior is acceptable they may be inclined to align themselves politically while making decision. As they are appointed by the president their “allegiance may be to the president and not to the country.

 I also agree with the piece by Rachel Barkow concerning our prison system. I personally believe that the cookie cutter system that we have in place has created an industry that relies on our judicial system to maintain it well stocked. The prison system has become one of the most lucrative businesses in our country. By having mandatory sentences, and interest groups lobbying for even harsher laws and longer prison terms the system is simply creating a factory of prisoners to supply demand. By our judicial system not viewing each case individually it is simply disallowing the fair representation that is our rights in this “land of the free.

As the system has allowed these groups the ability to push for longer terms and harsher laws we continue to deviate from the fact that prison is designed to punish according to the crime and rehabilitate. As longer sentences we lose sight of rehabilitation and it becomes an issue of housing, guarding, and feeding which is where it has becomes a business.

The Constitution of the United States was written to protect the rights of the citizens of this newly formed nation. As I stated earlier I feel that it was written to protect the rights of a certain group and not all. However I feel that as we have grown and continue to grow as a nation this constitution should change and grow as well.   The “constitution” should change as long as it can change to protect the rights of all and not just the rights of those in power, of those who are politically connected. It should represent us all and protect us all. By making these changes and disallowing the federal judges to serve for life we can change with the time without violating its citizen’s rights.

The Constitution and the federalist

As our country was beginning to take shape and was creating its own identity, the thirteen first states operated more like thirteen independent countries. They were working as individual entities with the power to enforce their own laws and have their own militia, some even had their own form of currency. This made for an unorganized government which was viewed by many as a week. The government as it stood was unable to maintain order effectively, these conditions led the thirteen states to meet in 1787-88 and organize a convention which would lead them to write a document that would help them align closer to what is an organized government. This document is what we know as the constitution and is designed to identify the powers and responsibilities of the government to the governed.

Although as per this article the constitution has many flaws it has been instrumental in marking a transition in “modern” society as it has allowed the people to achieve a standard in which government and laws are not decided by a divine decree but by the people reaching a general consensus.  One quote which I really liked in this reading is that “we have rights because we agree to have rights”. This to me indicates that when we the people agree on something there is no telling what we can achieve. We agreed to have rights and we fought for freedom and unity.

By understanding the different branches of government we can more clearly understand why and how our system of checks and balances exist. We can see how this system of three different branches can prevent any one body or party from having too much power. By creating a system that promotes separation of power we have laid out a frame work that has been utilized by many other governments in the world in order maintain a system of control. This system is designed to have all three branches of government work together in order to pass and approve laws and although though this sometimes leads to ineffective government it is imperative to have a mechanism in place in order to prevent tyranny and governmental abuse by having too much power. Although this system is designed to control abuse of power it has in many cases become an obstacle for legislation as it has become an instrument of partisan muscle. The different political parties have used this system to prevent the other parties from passing laws and legislation which in turn creates an atmosphere of division.

After reading the explanation about the second article which deals with the executive branch, I was able to better understand what happened in our most recent election.

 I truly never understood that the electoral college was designed in such a way that it gave the power to the states during presidential elections and not to the people. I have tried to understand what the electoral college was for many years, especially after this most recent election. I now have a much better understanding as did not even know where to get this information. I am better able to understand why our current president despite the fact that he was not the most favored or popular candidate for the majority of the American people was able to walk away with the win. I am not sure if this is something that could be changed but I do feel this is part of the article that should be amended. If we have designed a system of checks and balances, how is it possible that this issue has gone on unchecked for so long.  I believe that all states should be justly represented but above all the will of the people should decide who the next president of our country should be not the political parties of any given state.

Government is designed to be led by the people and for the federal government to be able to lead and deal with individual states while continuing to work as a united nation. This specific form of government is designed to keep us functioning as one country versus many different countries working independently. We are not a perfect country by any means but the systems that are being implemented are there to protect the rights of the people being governed by the government elected

Trans-national America

Trans- National America is an article that hit very close to home. As an immigrant born outside of the United States I have experienced the pressures of being different and not being considered an American, although as a Puerto Rican I was born an American citizen never the less as a Hispanic I have been looked at as an immigrant who needs to be Americanized. As I read the article I was able to commiserate with the Europeans that came to this country following the initial colonization.

While reading this article I felt that I could quote almost this entire article as I saw many of the negative experiences I myself have encountered. While in the military I lived through moments in which I felt I was allowed to be myself as long I was able to fit into the mold that had been prepared for me. As I read the part about “forcibly assimilating to the Anglo –Saxon tradition which they unquestionably label American” I was immediately transported to basic training in which we were all being “forcibly” transformed from civilians to soldiers however in my case I was also being turned into an “American”. 

The America that I have grown up in is an America of diversity. It is a country in which the contributions of the immigrants that came before us and continue to come have made great contributions to who we have become as a nation and have enriched us culturally. Unfortunately as we see in this article and we have seen in virtually every aspect of live, the dominant group will always attempt to maintain power by imposing their way of life upon the weaker or newer group. The great “melting pot” that America is has a distinction that distinct as it has although most immigrants have assimilated to the American culture and expectations put upon them still while maintaining their own national identity. Although this is not what “our founders” had intended this is the result of the merging of different nationalities and cultures.

We continue to see in our own communities that as time moves forward and we continue to assimilate the American way of life, we also continue to show pride and allegiance to our country of origin. As we as a nation continue to Americanize we also continue to create our own clusters in our own communities. Our Identity becomes that of a hyphenated Latinos, Arabs, Europeans, Etc. I am an American Latino, I am proud to be an American however I am very proud of being an American and even prouder of having served my country in the United States armed forces.

America's View on Governmental Power in the United States

I chose to write about the article concerning America's view on governmental power.

As I read this article I could not help but see the irony in the quote I chose to incorporate in my blog. The American people were very happy with the amount of governmental involvement while we were going through a very difficult time in our history. As it is with all countries and cultures when things are going okay we want to be left alone to govern and rule ourselves. However as things get difficult we immediately need and want someone to get involved, take control, or take over. “Americans were least likely to be concerned about the government's power in the years immediately after 9/11, but half or more since 2005 have said it has too much power”.

 As the article states most people want a less intrusive government, however as we can see in the article after the terrorist attacks of the world trade center, and the Pentagon Americans were very eager and happy to have the government take charge and agreed with the aggressive form of involvement that was taking place in our country. The government had put certain laws in place that most agreed with due to the circumstances but as time went on many opinions have changed. Americans were very happy to support the president when he decided to send our young men and women and our country to war but as time went on they began to protest the same war they had fully supported. They supported tough community policing until it began to affect them personally.

Although the view on the of amount power by the government is extremely partisan, meaning most commonly the opinion depends on which of the parties is in power. If my party is in power then the amount of power is adequate, however if the opposite party is in control then the power is too much. Once again we can see that our opinion on the way political power or the execution of this power by the government is greatly influenced by how it affects the individual at the time he or she is being questioned.  The amount of power that the government has is very subjective. Most people want the perfect balance. We want the government present only when needed, but we also want to be left alone.