Friday, March 29, 2013
Blog 5 on National Government towards gay marriage
Is Gay Marriage UnconstitutionalMany Americans are talking about one of the most controversial topics this county has seen in years. This controversial topic affects all Americans one way or another whether we choose to admit it or not, whether you have a friend that is gay, or a family member, or simply just know of someone that is gay. Many Americans are torn with the huge dilemma in determining which side of the fence they actually stand on, I for one am one of them. It has been really fascinating to watch history in the making, to be able to witness our nation’s highest form of government, the Supreme Court take on this controversial topic. I am going to give evidence why I think Gay marriage is not unconstitutional. As we learned in class, powers of the federal government are limited to those powers either granted to it by the Constitution or powers that are prohibited by the Constitution as being state powers, and that all other powers were reserved to the states and to the people. This is stated in the Tenth Amendment: 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. The States currently hold the power of marriage. According to Ivan Hoffman, The laws of one state regulating marriage are entitled to the full faith and credit in all other states. One court case example that defines marriage can be In Loving vs. Virgina In 1967, the United States Supreme Court ruled that a Virginia state law prohibited parties of different races from marrying (and similar laws in 15 other states) was unconstitutional as violative of the Fourteenth Amendment. Virginia had a public policy that was embodied in the said statute. However, in that case, the Court stated: The Equal Protection Clause requires the consideration of whether the classifications drawn by any statute constitute an arbitrary and invidious discrimination. The clear and central purpose of the Fourteenth Amendment was to eliminate all official state sources of invidious racial discrimination in the States. And the Court went on to say: There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification. The fact that Virginia prohibits only interracial marriages involving white persons demonstrates that the racial classifications must stand on their own justification, as measures designed to maintain White Supremacy. We have consistently denied the constitutionality of measures which restrict the rights of citizens on account of race. There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the Equal Protection Clause.And finally the Court stated: These statutes also deprive the Lovings of liberty without due process of law in violation of the Due Process Clause of the Fourteenth Amendment. The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men. Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State. Although this case is based on racial inequality, it does give great clarification on some of the freedoms that our Constitution provides in regards to marriage, Loving was being deprived of liberty and freedom as a free American to not be allowed to marry, and the court recognized it, but Some considerable events in regards to the Loving case which prompted the court’s decision to grant separate races to be able to marry would be what was currently going on in the 60’s at the time for African American’s, ie; Martin Luther King, Malcom X, Medgar Evers, all took part in shifting America’s attitude towards a more racially equal country. So it was depriving of one’s freedom and liberty to deny marriage of separate races, If under our Constitution we are given the freedom of choice to marry, I believe that freedom should be upheld to its fullest, thus granting same sex couples to be allowed to marry, but I do not think that this should become a federal issue, I don’t think there is enough events that have taken place yet to shift our nation to becoming more equally accepting of same sex couples, although it is looking like it is headed towards that direction, I don’t believe now is the time.
Thursday, March 28, 2013
Blog 5 on National Government towards gay marriage
The Divided Prop 8I am going to critique an article on same sex marriage, written by Ruben Navarrette from CNN. I first want to start this critique by saying that I have no intentions to offend anyone over the matter, this is a completely controversial issue and I apologize for those who take offense to what is said. The writer starts out the article stating that the state of California would like a do-over, or a re-do on same sex marriage voting, referring to proposition 8. Which California voters approved. The ballot initiative defined marriage as between a man and a woman and banned same-sex marriage in California. The article next shows some statistics from a recent poll where many Californian’s have a changed attitudes towards the issue, “When it comes to same-sex marriage, many California voters want a do-over. The survey shows that 61% of California voters now approve of it, with 32% opposed.” Next the writer throws out a lame explanation on why the change of heart has taken place by saying, “Worse, supporters of the measure included a majority of Hispanic and African-American voters. They're no stranger to discrimination, and so they should know better. Maybe many of these voters of color got swept up in the same wave of fear and ignorance that swept across the rest of the state's population.” First off, blaming the averseness of the state’s decision towards same sex marriage on a particular race is Discrimination in itself, towards black’s and Hispanics. The writer is writing an article to hopefully convince readers to agree on the issue of same sex couples being allowed to marry so it doesn’t discriminate against them by discriminating against blacks and Hispanics, funny. Next, the writer describes some ads on prop 8 in California that took “full advantage of Bigotry’s old buddy—fear.” Media scare tactics have been around since the media, nothing new, if you don’t buy the right kind of toothpaste, you will get cavities or if you don’t buy a car now, you will pay more down the road, It is more hilarious that someone in the media is throwing a red flag on media scare tactics, kind of ironic. The writer says, “I now understand that we can't have a two-tiered system, where some of us enjoy the right to marry and our brothers and sisters and cousins don't, based solely on sexual orientation.” No one is saying that same sex married couples cannot get married, it is allowed in 9 states and in the District of Colombia. A similar issue would be: If I want to gamble bad enough and I live in a state where it is illegal, and the residents who live in that state look down on it and are against it, hence the reasons for it being illegal, I will go to Las Vegas or a reservation where it is not just allowed but also accepted. I am not going to try and convince every state to legalize gambling, I will move to Las Vegas, there is no reason to infringe on everyone else’s morals or attitudes towards gambling. http://www.cnn.com/2013/03/26/opinion/navarrette-california-gay-marriage
Friday, March 8, 2013
blog 4
Health care will be an Obama legacy I am going to critique an article that was written by Julian Zelizer from CNN. In this Article I will start off with the Title, the statement of the title makes an extremely bold claim that leads me to the expectation that this article and everything beyond the title will support and provide sound circumstantial evidence that will with no doubt lead me, the reader to believe the claim which should prove how Obama’s Health Care Act will shift Obama to legacy status. In the writers next response he states “However, with each passing day, it appears that the program is in good shape, slowly becoming part of the fabric of American government”, while speaking of Obama’s Health Care Act. The writer next points just how it is becoming part of the fabric of American Government by using Gov. Chris Christie and the state of New Jersey as an example, one of the main potential contenders for the Republican presidential nomination in 2012. Christie said that his state would accept the Medicaid expansion that is part of the ACA. Christie had been one of the president's toughest critics, frequently lambasting the program as a prime example of big government liberalism. The writer points out that Christie has changed his tune. The expansion of Medicaid will allow about 104,000 of the poorest residents in New Jersey to gain access to health insurance. To call out Gov. Christie on this issue was a good analytic tactic but a poor ethical choice in my opinion; I believe desperate times called for desperate measures pertaining to the State of New Jersey which only under the astringent circumstances from the aftermath of Hurricane Sandy did Obama’s Health Care become not just feasible but necessary, Many of the State’s residents were left with absolutely nothing following the catastrophic event which no one had no control over. A similar concept would be, say there are 4 types; you have your runners (upper class) and your joggers (middle class), and your walkers (lower class) and some aimless people walking in life. All types of people have different speeds of achieving and defining their success towards their life. All types: Runners, Joggers, Walkers and Aimless Walkers are on the track of life and suddenly a drastic turn of events take place where all people in the region are faced with a horrible catastrophic event that cause all types of people, Runners, Joggers, Walkers and Aimless Walkers immediate distress and pain, many people get hurt and most lose all that they have. I believe ALL Americans, deep down inside there is a little bit of goodness in us all, many of the Runners, Joggers, Walkers and Aimless Walkers from different regions will turn and stop and help to pick those who have fallen. That is the situation with New Jersey and Gov. Christie accepting Obama’s Health Care plan, this is not simply a “Change of Heart” as the writer eloquently describes it or an issue where many of the republicans or runners are agreeing with Obama’s Health Care Act which supports the lower class or walkers in life, which the plan was designed for, it is simply coming to the truth which lies at hand, many of New Jersey residents, runners, joggers, walkers and yes aimless walkers have faced the worst of times from an unexplainable and unexpected event and as human beings and as a leader like Gov. Christie the importance goes beyond what we believe in, to do what is right and best for the residents and community as a whole. I don’t believe Obama’s Health Care plan will propel Obama to legacy status. |
blog 3
Health care will be an Obama legacy I am going to critique an article that was written by Julian Zelizer from CNN. In this Article I will start off with the Title, the statement of the title makes an extremely bold claim that leads me to the expectation that this article and everything beyond the title will support and provide sound circumstantial evidence that will with no doubt lead me, the reader to believe the claim which should prove how Obama’s Health Care Act will shift Obama to legacy status. In the writers next response he states “However, with each passing day, it appears that the program is in good shape, slowly becoming part of the fabric of American government”, while speaking of Obama’s Health Care Act. The writer next points just how it is becoming part of the fabric of American Government by using Gov. Chris Christie and the state of New Jersey as an example, one of the main potential contenders for the Republican presidential nomination in 2012. Christie said that his state would accept the Medicaid expansion that is part of the ACA. Christie had been one of the president's toughest critics, frequently lambasting the program as a prime example of big government liberalism. The writer points out that Christie has changed his tune. The expansion of Medicaid will allow about 104,000 of the poorest residents in New Jersey to gain access to health insurance. To call out Gov. Christie on this issue was a good analytic tactic but a poor ethical choice in my opinion; I believe desperate times called for desperate measures pertaining to the State of New Jersey which only under the astringent circumstances from the aftermath of Hurricane Sandy did Obama’s Health Care become not just feasible but necessary, Many of the State’s residents were left with absolutely nothing following the catastrophic event which no one had no control over. A similar concept would be, say there are 4 types; you have your runners (upper class) and your joggers (middle class), and your walkers (lower class) and some aimless people walking in life. All types of people have different speeds of achieving and defining their success towards their life. All types: Runners, Joggers, Walkers and Aimless Walkers are on the track of life and suddenly a drastic turn of events take place where all people in the region are faced with a horrible catastrophic event that cause all types of people, Runners, Joggers, Walkers and Aimless Walkers immediate distress and pain, many people get hurt and most lose all that they have. I believe ALL Americans, deep down inside there is a little bit of goodness in us all, many of the Runners, Joggers, Walkers and Aimless Walkers from different regions will turn and stop and help to pick those who have fallen. That is the situation with New Jersey and Gov. Christie accepting Obama’s Health Care plan, this is not simply a “Change of Heart” as the writer eloquently describes it or an issue where many of the republicans or runners are agreeing with Obama’s Health Care Act which supports the lower class or walkers in life, which the plan was designed for, it is simply coming to the truth which lies at hand, many of New Jersey residents, runners, joggers, walkers and yes aimless walkers have faced the worst of times from an unexplainable and unexpected event and as human beings and as a leader like Gov. Christie the importance goes beyond what we believe in, to do what is right and best for the residents and community as a whole. I don’t believe Obama’s Health Care plan will propel Obama to legacy status.
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