Application Of The Sixth Amendment And COVID-19

Introduction

The Law

The Sixth Amendment to the U.S. Constitution reads, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” (1).

Application Of The Sixth Amendment And COVID-19

The Speedy Trial Act of 1974 and state laws guide as to the number of days to bring a defendant to trial before this right is violated. A prosecutor may work around the “speedy trial clock” if they can show good cause for a delay, or if a defendant agrees to waive the right. One reason for the right to a speedy trial is to prevent a defendant from being held in custody only to find out that the defendant was innocent. An innocent citizen who is incarcerated in violation of the Sixth Amendment right to a speedy trial violates due process rights (2).

The Facts

Ben was indicted on 24 state counts of possession of fentanyl, intending to distribute near an elementary school, and federal racketeering charges in September 2019. While Ben sat in jail, his attorney was able to delay his jury trial a few times so he could gather witnesses for Ben’s defense. In March 2020, Ben’s attorney submitted a motion to dismiss the charges for violating Ben’s Sixth Amendment right to a speedy trial. The hearing was set for March 28. On March 15, the Governor of the state ordered all courts to close and suspended jury trials due to public safety concerns over COVID-19. Ben did not get his hearing and remained in jail.

Research the Federal Speedy Trial Act and its requirements.

Research the law in your home state pertaining to the number of days a defendant may be held in jail, consistent with the requirements of the Sixth Amendment, for a felony and misdemeanor charge.

Read United States v. Olsen [PDF].

Instructions

Write a one-page explanation of whether Ben’s Sixth Amendment right to a speedy trial was violated, based on your understanding of the law and the 9th Circuit Appellate Court case, United States v. Olsen.

Paper Formatting

Double-spaced, using Times New Roman font (size 12), with 1-inch margins on all sides.

References

U.S. Const. amend. 6.

Speedy Trial Act of 1974, 18 U.S.C. § 3161 et seq (1974).

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Similarities and Comparison between the Leadership of John F. Kennedy and Pericles

Kennedy F Kennedy and Pericles Leadership

Similarities and Comparison between the Leadership of John F. Kennedy and Pericles

John F Kennedy was the 35th U.S commander in chief who served between 1961 and 1963. Kennedy was assassinated in controversial circumstances in 1963 while still in power as the American president. His death raised various issues among American citizen where most of them thought that racists groups planned his death. Kennedy defeated Richard Nixon who was the Republican Party flag bearer during the presidential election of 1961. As a result, Nixon was arrested following the death of Kennedy, but later he was proven not guilty of the crime after William McKinley claimed to be the sole assassin of the president. Kennedy made creative history in America as the second youngest American president to be elected to the president’s office and as the first president of United state born in the 20th century. Also, he was a military commander of United States who fought in the front line during the Second World War. When Kenney becomes the president, he was against communism, which was rampant during his leadership. In addition, at the time when he became the president of the United States, the Cold War was at its climax. USSR was advocating for communism while the United States was aggressively for capitalism. Thus, Kennedy backed and funded the war in other nations especially in Asian continent including the Vietnam War (Rabe, 2014). When Kennedy becomes the president of United States, he openly rejected communism and encouraged American and the world to embrace capitalism. The life achievements and courage of Kennedy has many similarities and difference to ancient famous statesmanship Pericles.

Just like Kennedy, Pericles was one of the most influential leaders in ancient Greece who ruled during the time of golden of age between 495- 429 BC. He was the remarkable figure in the history of Greece as he contributed greatly on the wars of Persian and Peloponnesian. Pericles comes from the noble family of Alcmaeonid family. History recognizes him because when he ruled Athens between 461-429 BC, historian recognizes it as the age of Pericles (Lavdas, 2015). Despite his victory in a war that made the Athens capture different cities, he encourages togetherness to the residence of Athens. Athens contribute greatly to literature since his principle are used no determine the culture and social life of the ancient Greeks. His project made the city of the Athens popular during the age of golden because he made Athens a democracy. Pericles was a philosopher and military personnel before he raised to power. Moreover, while in power, Pericles succeeded in many battles in Greece in the early stages of his leadership. It is because he had a strong army established on the ground of populism that he was able to be successful. After the plague attacked most of Athenian, he subsequently lost his power and was defeated by Egypt. He succumbed in 429 BC after two of his sons died out of the plague. Most of his principle diminished after his deaths.

John Kennedy and Pericles were similar because they were both populist leaders. After the election, Kennedy asked American citizens to have the sense of devotedness. In his inaugurations speech, he asked the American not to look at ‘what the country can do for them but to find the thing that they can do for their country.’ He asked the American to join and fight tyranny, poverty, disease, and war, which were the major challenges in America and the rest of the world. During his reign, he strengthens the domestic and foreign policies. Some of the domestic achievement that he made includes promoting the health care and funding the education and medical care for the aged. Kennedy abolished the death penalty in the federal law of the state. During his reign, he abolished the racial discrimination and signed Civil Right Act of 1964 (Logsdon, 2010). Thus, his domestic achievement looks similar to the achievement of Pericles. For instance, Pericles believed and encouraged his follower to be communist. Most of his achievements were as a result of his act of encouraging the citizen of Athens to work together as the group. He encourages solidarity among the people in all events and circumstance of life. The military of the Athens become stronger because of the Pericles issue on democracy. Pericles subsidized the fine injury to poor citizens as a sense of humility and ensuring equality in the society. His speech assures people celebration of democracy in Athens (Taylor, 2010).  

Kennedy became the President of America when racial discrimination had heightened. While he objected of the vice, his opponent Nixon was a strong attacker of racial movement. He strongly supported the civil right and encouraged equality among all the American citizens. He helped the poor and subsidized the tax paid by the poor. Through his presidency, the civil right movement was fighting for the end of segregation that existed in the United States between the black and whites. Kennedy as the president of United States interacted with the blacks freely and addressed issues advocated by civil right movements (Bostdorff & Ferris, 2014). He was against alienation of the southern voters as evidenced by former commanders in chief. The act of Kennedy helping the minority and the oppressed groups in America is similar to the Pericles leadership. Most of the Athenian wanted a change from the traditional leadership, which mistreated the poor and the minority. Pericles worked as the philosopher for a long time and accumulated a lot of wealth. When he became the Athenian leader, he shared some of his wealth to the poor, making his state strong.

The cold war between USSR and America height during the reign of Kennedy. America was against any other nuclear attack due to its massive destruction. Kennedy strengthened foreign policy and did various accomplishment to ensure that war is not the solution. He supported the West Berlin to ensure that the Soviet Union does not build Berlin wall. He signed nuclear ban treaty to ensure no other nuclear bomb attack will ever happen in the world. He initiated the security ties with Israel since it was near Soviets Union communist territory, to hold Russia from any further destruction in a war that was going on in many countries in Asia. He created the Peace Corps to ensure there is peace in underdeveloped countries (Carty, 2016). Similarly, Pericles used his intelligence to govern the people and the surrounding empires. The battle between Athens and Sparta, become successful since he used ostracism. Ostracism was the Athenian democratic law that illustrated that any citizen thought to betray the city can be expelled from the city for ten years. For instance, Cimon was expelled from the city since he was alleged to side with Sparta to attack the city. After the expulsion of Cimon, he was able to exercise his policy of Marxism in his empire without any threat (Rufino, 2015). Even if he had a strong stand on neutrality, Pericles used excessive power to govern people. He expressed anger and wrath to those who temporarily opposed him. All Athenian were supposed to follow his principles to live in Athens. The contribution of Kennedy to end the Cold War and ensuring peace in the world looks similar to the contribution of Pericles to end the war in Athens to ensure that all the city residents lived peacefully.

Both leadership of John and Pericles are similar because they failed to in their effort to ensure international democracy, it leads to the rise of the cold war from their close allies. According to Lawless (2016), Athens signed thirty-year negotiation with Sparta. It also established the peace treaty with Persia and Sparta. Pericles was the overseer of this city as evidenced by Thucydides’ first book. With time, Sparta becomes unresponsive in the alliance and what followed was the cold war. The alliance later lost its meaning, and all the cities become independent. This made Pericles tyrannical as the sign of subjecting the other cities to follow his law. The Cold War flanked by the Soviets Union and the US during the time of Kennedy clearly, connects to the cold war between Athens and Sparta. This contribution of even signing the peace treaty it relates to the contribution of Kennedy to end the cold war. Although Pericles was successful in ensuring there is peace between different towns he failed toward the end of his reign. The same case happened to Kennedy since he was not successful to end cold war during his reigns.

It is difficult to separate most of the circumstances and events in the life of Kennedy and the life of Pericles. Both of them were former military men before they rise to power. Before his birth, Pericles mother had the dream that he will give birth to a lion. As the son of military father Xanthippus, who defeated Persian Amy in 489BC he was able to learn the skill of military and prosecution which he used them when he became the leader of the Greece (Lavdas, 2015). Kennedy was one of the military personnel that enabled the United States and Soviets Union to be victorious during the Second World War. Both of them were the leaders who died while still in power. The assassination of Kennedy when delivering the speech of citizenship is clear evidence that it is much related to the death of Pericles. Pericles died out of plague, which strongly attacked most of the people he was leading in Athens. Pericles and Kennedy incline a lot on the issue of their followers. 

Summary

Pericles was statesmanship of Athens in Greece. He was one of the most influential leaders in ancient leadership. The principles and philosophy of Pericles contribute a lot to the history and literature. Pericles life and leadership was much peaceful and encouraged togetherness among citizens of Athens. He fought many successful battles during the initial time in office but eventually lost to Egypt after plague attacked most of his fighters. Kennedy Kennedy was the 35th president of U.S and the second youngest president. During his leadership, Kennedy made many achievements both domestic and foreign. In domestic, he signed the civil act in 1964 so as to end racialism. He also promoted education and health care for the elderly. He signed various peace treaties to prevent launching other nuclear attacks. His stand toward various war made the Soviets Union become their opponent. He heightened the cold war by coming up with a law that threatened soviets union. Pericles and Kennedy Kennedy initiatives and contribution related to various issues and stances. Although they lived in the different period, they were both influential leaders who fought for populism and peace among people. Both of them they asked people to work together so as ensure the growth of the states. Both of them had an aim ending poverty, and they try to ensure there is equality of all people. Both of them were the military leader who made various expeditions as to end the war. 

References

Bostdorff, D. M., & Ferris, S. H. (2014). Kennedy F. Kennedy at American University: The rhetoric of the possible, epideictic progression, and the commencement of peace. Quarterly Journal of Speech, 100(4), 407-441.

Carty, T. (2016). A Catholic in the White House? Religion, Politics, and Kennedy F. Kennedy’s Presidential Campaign. Springer.

Lavdas, K. A. (2015). Pericles and the challenge of democratic leadership (book review). European Quarterly of Political Attitudes and Mentalities, 4(4), 33-37.

Lawless, J. M. (2016). Pericles of Athens. By Vincent Azoulay. Translated by Janet Lloyd. (Princeton, NJ: Princeton University Press, 2014. Pp. Xiv, 291. $35.00.).

Logsdon, J. M. (2010). Kennedy F. Kennedy and the Race to the Moon. In Kennedy F. Kennedy and the Race to the Moon (pp. 223-244). Palgrave Macmillan US.

Rabe, S. G. (2014). The most dangerous area in the world: Kennedy F. Kennedy confronts communist revolution in Latin America. UNC Press Books.

Rufino, S. R. (2015). Pericles of Athens. Foro Interno, 15, 207-211.

Taylor, M. (2010). Thucydides, Pericles, and the idea of Athens in the Peloponnesian War. Cambridge University Press.

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Impacts of Globalization

Impacts of Globalization

Globalization is the process through which the world is flattering progressively consistent as result of amplified business interactions, social interactions, and exchange of ideas. Globalization has significantly impacted social, political, and economic aspects of human life. Globalization has helped to open up boundary barriers that existed in the relationship between countries in the globe. Because of opening up of the barriers, several changes have occurred in political structures, culture, education, and technology. The changes have been both positive and negative depending on the people experiencing them in different parts of the globe. This paper will explore the impacts of globalization on different aspects of human life in different parts of the world.

Impacts of Globalization

Globalization has been gradual, but it has changed how business is done in the 21st century. Globalization has helped the world to remove trade barriers that denied international market a chance to thrive. Massive market reforms have taken place allowing the investors to venture into different markets worldwide. Elimination of barriers has enabled nations to depend on one another in an attempt to enhance their economic growth. Globalization has presented the concept of an open and unified global economy. Through globalization, the world has developed exceptional communication and transport infrastructures. Subsequently, globalization has enhanced the free flow of investment capital, people, and data movement from one part of the world to another (Ganesh et al. 2005). Technology is one of the factors that have affected heavily on growth and development of technology. Better means of communication have made it easy for people in different parts of the world to interact and transact business (Ganesh et al. 2005). Better communication tools such as mobile phones, teleconferencing, email, and spread of internet and information flow are all as a result of globalization. Moreover, new communication technology as enhanced running of international corporations in different parts of the world. For instance, it is possible to use software to run an international corporation with branches in different parts of the world. Moreover, new means of making payments have been adopted as a result of the integration of technology across the globe. The new forms of making payments are allowing international organizations to transact business while in different parts of the world without the fear of challenges in receiving payments. Moreover, improved technology has made the international market secure by implementing advanced security mechanisms. 

Opening up of market barriers has led to increased competition among nations. As a result, the level of technology has risen to meet customer’s expectations. The high customer’s expectations have made it necessary for transfer and sharing of technology among organizations and nations serving the international market. Sharing of technology has improved quality of goods and services produced and the rate of production (Muhammad et al. 2011, p. 294). New technology has helped capital-intensive companies to adapt to the market needs and contain the level of competition in the market. That has helped many companies to improve their sales and endear themselves to their customers.

Additionally, globalization has impacted heavily on the transportation technology by introducing new improved transportation machines. Free flow of goods and people in different parts of the world has been enhanced through profound means of transport. Use of fast jets, airplanes, electric trains, and ships has eased the way of doing business by enabling people to access different parts of the world easily. It is projected that about $1 billion foreign exchange dealings occurs daily with approximately $9 trillion of products handled across borders and about $2 trillion of services offered between different nations ((Muhammad et al. 2011, p.294)). New technology in the transport sector is not only helping organizations to reduce the cost of business operation but also to access different parts of the world, distribute goods and services and look for new markets.

The way of doing business has also changed significantly in the 2nd century as a result of the spread of the internet. Availability of internet as allowed global organizations to market their goods and services worldwide through online platforms. New technology platforms such as social media have changed the way business transactions conducted. Utilization of online marketing has enabled the global organization to access wide scope of customers thus increasing their sales and presence in the international market. Moreover, businesses have been able to increase interactions with their customers, which has helped most businesses to take care of customer’s needs effectively.

Impact of Globalization on Socio-Economic Structures

One of the important aspects of globalization is that it has led to a market liberalization thus widening the market for goods and services. Establishment of organizations in different parts of the world has helped to create employment opportunities for many people. The chances of employment have transformed people’s life by enhancing the standards of living. Moreover, globalization has significantly contributed to the growth of the global economy. Foreign direct investments have played an important role in spurring economic development, especially in the developing countries. The revenue raised through foreign direct investment is utilized in improving social and economic conditions of the involved nations. Moreover, the establishment of International Corporations in the developing countries has enabled the developing countries to benefit from new improved technology, which is essential for economic development.

Other than fostering economic development, globalization is blamed for increasing inequality in economic development. Globalization has aided the developed countries to exploit the least developed countries (Fougner 2006). The developed countries have the quality technology, which enables them to produce quality goods against the inferior from the least developed countries. Despite opening chances of employment in the developing countries, globalization denies the developing countries a chance to compete successfully (Hartungi 2006). Some economists feel that the peril of segregation from the growth crescendos of commercial globalization is important in the emerging markets (Huynen et al. 2005, 14). The exclusion of some of the countries from the global market has created a big disparity in the economy of the devaluing and developed countries. The richest countries that control the economy of the world are prospering while the least developed countries are lagging behind. The richest countries in the world account for 20% of the world population, but they account for 65% of the world economy (Sharma 2004, p. 29). Sharma (2004, p. 29), argues that the least developed countries account for over 70% percent of the global population, but they account for only 18% of the world economy.

Education has significantly been affected by globalization. Globalization has increased the demand for skills and knowledge to cope with new job demands. This has helped in the improvement of the education as more and more people seek to acquire the skills demanded in the job market. Moreover, learning has transformed from the traditional print method to online learning. Advancement in technology has made it possible for people to study and acquire knowledge through online learning (Huynen et al. 2005). Several learning materials are now available online, and it is possible for everyone to gain knowledge without necessary attending classes. Students can also access learning materials via online libraries in their schools. Global mobility has enabled students to have ample chances to study overseas via ‘virtual campuses’ that have been established (Huynen et al. 2005). According to Huynen et al., dispersion of innovation has allowed scholars to collect and analyze data in real time occasioning in amplified volumes of experiential data (2005).

The health sector has also benefited significantly as result of globalization. New technology in the health sector has made it possible to generate improved medicine and medical equipment to deal most of the diseases affecting the society. Global governance through organizations such as World Health Organization (WHO) and World Bank has played a significant in financing medical research, eradicating serious health problems afflicting the world and setting global policies pertinent to healthy living (Huynen et al. 2005, p.9). Moreover, new technological tools such as television, the internet, mobile phones, and others have made it possible to diffuse health information from one part of the world to the other.

Globalization has led to a proliferation of international culture through communication gadgets and personal interactions. There has been widespread of the global culture around the world. Increased interactions between nations through commerce have led to the interruption of local values, traditions, and culture of the affected nations (Pieterse 2015). Consequently, the dominant culture has been taken precedence to the detriment of the weak culture. Subsequently, exposure to a foreign culture can undermine the cultural identity of the development countries, which are the biggest recipient of a foreign culture. Intermixing of culture has made people forget their national culture through the adoption of foreign culture (Muhammad et al. 2011, p. 229). Loss of culture is viewed as one of the negative impacts of globalization on the society. Most of the nation’s especially those in developing countries are forced to adopt the western culture, which is dominant in the sphere of globalization.

Political Impacts

The global economy has also been affected significantly by globalization. To ensure peace and stability in international interaction global governance was initiated (Fuchs 2007). The power of global governance is bestowed on international institutions that pass policies that have an impact on learning local politics. The UN, IMF, WTO and World Bank are some of the organizations that are mandated with the responsibility of ensuring global policies are respected. The groups control the interaction among nations on governance, justice, labor, or political issues (Muhammad et al. 2011). International governmental organizations (IGOs) and transnational corporations (TNCs) have been tasked with the responsibility of finding solutions to the problems affecting global relations. Despite being a controversial concept, the global governance through organizations such as the TNCs set rules that are binding to all players of the global market (Fuchs 2007, p. 2). Some of the policies advanced by global governance influence the political decision-making in some countries.

Moreover, the autonomy of a nation is lost when the market become open to all global players. Globalization led to market treaties that deprive a nation its autonomy to make political decisions such as restriction of international market (Yeates 2002, p. 71). The increase increased liberalization of the market cause nations to lose some sense of autonomy.

Globalization phenomenal impact on the current state of the world economy. Elimination of market barriers made it possible to increase mass production of goods and services. Technology in the communication, transport and security has improved as a result of globalization. Despite being blamed for inequality in the development and cultural erosion, the role of globalization in development has been fundamental. The world has evolved and changed the way business is conducted in the world.

References

Fuchs, DA 2007, Business power in global governance, Boulder, CO: Lynne Rienner.

Fougner, T 2006, The state, international competitiveness and neoliberal globalization: is there a future beyond ‘the competition state’? Review of International Studies, vol. 32, no. 1, pp. 165-185.

Ganesh, S, Zoller, H & Cheney, G 2005, Transforming resistance, broadening our boundaries: Critical organizational communication meets globalization from below. Communication Monographs, vol. 72, no. 2, pp. 169-191.

Hartungi, R 2006, Could developing countries take the benefit of globalization. International Journal of Social Economics, vol. 33, no. 11, pp. 728-743.

Huynen, MM, Martens, P & Hilderink, HB 2005, The health impacts of globalization: A conceptual framework. Globalization and Health, vol. 1, no. 1, pp. 14.

Muhammad, AC, Faheem, MA, Dost, MKB, & Abdullah, I 2011, Globalization and its impacts on the world economic development. International Journal of Business and Social Science, vol. 23, no. 2.

Pieterse, JN 2015, Globalization and culture: Global mélange, Rowman & Littlefield.

Sharma, S 2004, Impact of globalization on world society. In Academic Forum (Vol. 22, p. 05).

Yeates, N 2002, Globalization and social policy: From global neoliberal hegemony to global political pluralism. Global Social Policy, vol. 2, no. 1, pp. 69-91.

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Gun Rights

Gun Rights

It is a legitimate right for persons to own guns. With the recent rise in insecurity worldwide, people have the right to private guns for self-protection in their homes and community spaces. However, gun homicides are also to the rights that question the 2nd Amendment allowing individuals to own their guns and whether this was a good move for the federal and state governments. America experienced many changes during President Barrack Obama’s reign when these Amendments were made that allowed US citizens to own firearms. Therefore, this paper will focus on the individual and community rights to own firearms.

First, the Supreme Court Amendment protects all American citizens and gives them the right to own firearms. The law only allows citizens to use firearms for lawful purposes, such as protecting them from burglars and thieves in their homes when attacked. However, it is important to note that in the past years, owning a firearm was a collective right where only individuals who served in the military were allowed to own guns. This later changed with the amendments to the constitution that gave people the right to own their guns, which is now an individual right. Fortunately, some states had different laws concerning this issue of gun ownership, where people were denied the right to own personal arms due to issues concerning firearm safety (U.S. News, 2017). For instance, in Columbia, carrying unregistered guns was a major crime. This was a movement whose aim was to reduce gun violence incidences in Columbia.

Secondly, the 2nd Amendment states, “A well-regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed” (Totenberg & Montagne, 2008). This means that the law system defends the right to own guns that are used correctly. There are some restrictions to regulate firearms from an individual level. For example, all firearms must be equipped with trigger locks to ensure the safety of all people. This amendment received lots of support from the Republicans and the Democrats as it guided all jurisdictions on how they should handle all issues relating to gun ownership.

Further, public gun rights changed and improved during the reign of President Barrack Obama. However, gun control is still an issue due to the increased rate of gun violence in most communities across the country (Pew Research Center, 2017). This created lots of different opinions from the presidential candidates in 2016 general elections. The Democrats and the Republicans supported the idea of mandatory checks during the sale of guns to ensure that the owners have knowledge on the safety measures. In my opinion, I highly support individual rights to own guns for self-defense in their households. With the recent increase in gun violence, people should protect themselves correctly.

References

Totenberg, N., & Montagne, R. (2008). Supreme Court: Gun ownership an individual right. Retrieved from: http://www.npr.org/templates/story/story.php?storyId=91913260

Pew Research Center. (2017). Gun control. Retrieved from: http://www.pewresearch.org/topics/gun-control/

US News. (2017), Gun control and gun rights. Retrieved from: https://www.usnews.com/topics/subjects/gun-control-and-gun-rights

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The Doctrine of Separation of Powers in the US

The Doctrine of Separation of Powers in the US

Introduction

Separation of Power can be described as a political doctrine whose main origin is the ‘writings of Montesquieu’ in the famous ‘The Spirit of the Laws.’ The author of the writings advised all the federal governments guided by a constitution to ensure that they separate different branches of the government to enhance governance and equitable distribution of power and resources in their countries. These branches are the Legislature, Executive, and the Judiciary (Zeinberg 2013). Each of these branches has the powers and the capabilities to oversee other branches within the federal government. This is what is referred to as the ‘Separation of Power.’ It is important to note that these writings played an important role in the writing of the United States of America Constitution. All the branches of the federal government are well managed to avoid any instance of abuse of power by those who are in the office. The US system is normally associated with checks as well as balances. Therefore, this paper will focus on the doctrine of separation of power in the United States of America.

To start with, renowned philosophers such as John Locked highly advocated for the separation of powers due to the advantages and efficiency that came with it in the federal governments across the world. Montesquieu was one of the main supporters of the separation of powers as his writings on the topic highly influence the opinions of those who were involved in the formulation of the Constitution of the United States of America (Orego 2014). The separation of power in the national constitution advocates for the legislature, executive, and the judiciary, which will be discussed below in the paper.

The legislature has a lot of powers in the US government. This is because the national congress can determine which laws and bills should be passed and for what reasons within a given period. This also influences how the federal government is run and how much is achieved within a given period. To ensure a smooth running of the federal government, the US president must ensure that he or she has enough support of the majority of the national Congress to minimize the opposition from opposing every idea and development, which the federal government proposes (Jones & Marini 1988). In the US Congress, this is where the Republicans and the Democrats can determine which bills should be passed into law. One of the contradicting topics that shaped the decision of the Congress during the tenure of President Barrack Obama is the issue of Gun Control where each of the political divides had a different opinion on how the issue should be handled to ensure the safety of all citizens in the country.

The Congress is not supposed to delegate any of its duties to a different branch of the federal government. Rather, it is supposed to oversee all its duties to ensure that all the proposed bills are passed into law after a comprehensive analysis of how they will impact positively on the lives of the American people (Sin 2015). This is according to a ruling by the Supreme Court in 1998 that ensured that the Congress did not delegate any of its duties or powers as indicated in the constitution. In the past, this issue of delegation has created conflicts between the legislature and the congress in the US government. In 1825, the US Congress delegated some of its powers and duties to the courts with the aim of prescribing the judicial procedures. The court later argued that the Congress had given unconstitutional powers to the judiciary. John Marshall who was the chief justice of the US concluded that this was entirely a legislative function. He also advocated that the Congress should provide a provision on the powers of the legislature and what powers it should delegate.

Two main factors determine the executive powers. All the people nominate din the executive offices to serve the American people must have the required qualifications or what is commonly termed as the experience in the fields where they are serving the people (Storey 2007). There are also exceptions, which the federal government should make to ensure that these people have the support of the majority of the National Congress and influence the law making process. The US Constitution states that the President is the commander-in-chief who has been given powers to make treaties with other government and countries across the world with the Consent of the national Senate. This is because most of the decisions that affect the running of the federal government are determined and made by the Senate.

According to the constitution, the elected president is not supposed to in any way execute any for the laws that are made by the Congress (Bailey 1989). It is also important to note that the National Congress has the ability and the powers to terminate any presidential appointments through impeachment where they give a vote of no confidence on the concerned appointees. In most cases, this arises from the two main political divided in the US: the Republicans and the Democrats. The executive also plays the role of restraining the government appointees from performing various duties as described by the law. The Congress vests all the powers before they are passed into law. This is later presented to the President whom with his counsel determined whether the bill should be signed into law. This is an integral part of the national constitution, which dictates the separation of powers.

Further, the judiciary has the powers to make a ruling on the most controversial cases in the history of the US government. The Supreme Court has been given powers by the Congress to make decisions on cases that affect national unity and security (Groot-Van & Rambouts 2010). It is important to note that the president normally appoints all judges in these courts with the counsel of the Senate. Those people who are appointed must have a record of good behaviour in their service to the American people and despise corruption among other illegal behaviours that will ruin the reputation of the federal government. They also receive considerable amounts of compensation from the federal government in their tenure in the office. Courts that have been given the powers to exercise their judicial powers are mostly referred to as the constitutional courts.

It is also important to note that the Congress can establish a ‘legislative court’ for various reasons and when the need be. These courts do not exercise any form of judicial powers like the other courts. This means it cannot decide and rule on issues relating to common laws. Their main role is to only adjudicate for the issues and rights affecting the members of the public. These are mostly the cases that affect individuals and the federal government, which is mostly under the influence of the political divides. There are various checks and balances in the three branches of the government as discussed above in the paper. The legislature is mandated to write and enact laws that should protect the rights and privileges of the America citizens. For instance, the issue of gun control has raised lots of controversy and debates on whether people should be allowed to own firearms. Some people may argue that this is a constitutional right for all Americans while others may argue that this has been the leading cause of gun related violence and homicides. Therefore, it is the role of the legislature to ensure that they formulate and enact laws that will protect and ensure the safety of all citizens. It also has the powers to enact taxes, formulate the national budget, and allow the national government to borrow from other countries to support the US budget and economy for a given period. It is also important to note that it is only the judiciary that has the powers to declare war in the US or in other countries where the US has interests. This branch of government has the powers to open any kinds of investigations against the executive or the judiciary when need be. Most people, however, consider this to be driven by political issues from the opposing parties. The legislature also plays an important role in determining the presidential appointees especially the judges of the supreme courts and the heads of various government agencies in the country. The Senate also has the powers to call for any treaties that have been made by the federal government. This is also the case when it wants to impeach any presidential appointees after questioning their authenticity and relevance of their roles and how they perform their duties.

On the other hand, the executive has a different set of checks and balances as a branch of the federal government. The US government’s vice president has all the powers to preside over the Senate and influences all its decisions. The Congress plays the role of making the laws that are followed by the military. All the actions that are taken by different government agencies are normally subject to approval by the executive (Hamburger 2002). Through this, the federal government can ensure the safety of the country and that of all it citizens in different parts of the world. The Senate has the powers to make different kinds of declarations in the country. For instance, it has the powers to declare a state of emergency in cases where there are national emergencies. A good example is a recent rise in the issues of terrorism across the world. Therefore, the US government through the Senate has issued a declaration that all people traveling from different countries of the world should be or not allowed into the country under the various condition to ensure the safety of the American people.

Additionally, the Senate can influence other branches of the national government in a positive way. This mostly happens in the State of the Union Address when the president is addressing some issues, which are important and relevant to the national security and peaceful co-existence of US and other countries in the world. The executive also appoints the judges of the American courts and other heads of the federal agencies. However, it must ensure the highest levels of transparency to prevent any form of corruption. The heads appointed must exhibit the highest levels of transparency and be qualified for the jobs, which they have been appointed to handle. One of the most recognized roles of the Executive is pardoning the prisoners who have been convicted for various reasons. Through this, the oppressed people can gain hope and happiness in their lives. This branch of government also executes orders of the courts on various issues, which are deemed crucial by the federal government.

The judiciary determines the kinds of laws that should be applied by the federal government when dealing with different situations. The Congress also determines whether the law was or is unconstitutional when dealing with various situations that arise within the federal governments especially in the disposition of prisoners. Apparently, the judiciary has the policies that allow it to one its members. The doctrine of separation of powers in the US has received different views and opinions from renowned political analysts and experts of different times. However, most of them agree that this is a decisive factor that should be considered by federal governments across the world. This is because to the development and success of an effective political structure and governance. The interest groups can know their roles and how they should influence the federal government when the need be. It is also important to note that the separation of powers is a complex affair, which does not involve the participation of the citizens in different levels. Thus, they normally question the working and credibility of these branches of the government.

References

Bailey, CJ 1990, The US Congress: An introductory bibliography. American Studies International, vol. 28, no. 1, pp. 32-47.

Carolan, E 2009, The new separation of powers a theory for the modern state. Oxford: Oxford University Press.

Groot-van Leeuwen, LED, & Rombouts, W 2010, Separation of powers in theory and practice: An international perspective. Nijmegen, Wolf Legal Publishers.

Hamburger, P 2002, Separation of church and state. Cambridge: Harvard University Press.

Jones, GS & Marini, JA 1988, The Imperial Congress: Crisis in the separation of powers. New York: Pharos Books.

Oregon. (2014). Branches of government. Available at http://library.state.or.us/repository/2014/201409291442381. [11 April 2017].

Schwarz, FAO 2015, Democracy in the dark: The seduction of government secrecy. Available at http://public.eblib.com/choice/PublicFullRecord.aspx?p=1835945. [11 April 2017].

Sin, G 2015, Separation of powers and legislative organization. Cambridge: Cambridge University Press

Storey, W 2007, US government and politics. Edinburgh, Edinburgh University Press.

Zeisberg, M. (2013). War powers: The politics of constitutional authority. Princeton: Princeton University Press.

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To Harm or to Destroy

To Harm or to Destroy

An article by Aljazeera showed that things eventually change with time. The article talks about Kristof, who stated that the Iranian state is richer than most neighbors. The article showed that the columnist relies on orientalist clichés in his writing about Iran, and that reveals his outdated assumptions (Dabashi). This argument is because Iran is a floundering nation; thus, his statement and thoughts are misguided (Dabashi). The issue of running stories without facts tends to make the story untrustworthy as well as the source.

The media plays a vital role in how things transgress with time. This article serves to show the importance of having factual articles. The bomb explosions in Dortmund showed the role the media could play if they speculated more, they would have caused the nation to go into a frenzy. The issue was an international matter as it affected players, and the media condemned that the two football teams set to play were only given twenty-four hours after the attack to commence their match (Fritsch). The issue was largely reported as the police tried to find the culprits behind the attack. On the other hand, the media tried to show that it was not right for the game to be postponed for only twenty-four hours. This is because the players could not be completely sure about their safety, and the situation had to be convinced first. This article shows how the media can be used to fight for what is right; the article about Kristof, on the other hand, shows that the media can also cause damage rather than good, especially if what is written is not factual.

Works Cited

Dabashi, Hamid. “Aljazeera.” 03 July 2012. Kristof: The Journalist as Tourist. Online. 12 April 2017. <http://www.aljazeera.com/indepth/opinion/2012/07/201271131925534684.html>.

Fritsch, Oliver. “The Guardian.” 11 April 2017. Borussia Dortmund Blasts: German Media Attack Game’s Hasty Rescheduling. Online. 12 April 2017. <http://www.thegurdian.com>.

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Peace and Justice Studies

Peace and Justice Studies

Briefing on a Situation

With the rising impacts of global warming across the world, most countries in Africa have been hard hit by drought in 2017. Precisely, have has been the most affected especially for countries living in North Eastern and Rift Valley parts of the country. This has increased conflict between communities living in these parts as they fight for the available natural resources for their animals and families to survive. Cattle rustling and fighting for water bodies have led to many people’s lives in these regions. Women and children are the most affected as they run from bandits who invade their homes.

 The situation on the ground calls for special attention as women and children continue to suffer due to lack of food and shelter. The communities continue to fight for these resources as the Kenyan government and the relevant stakeholders are providing fewer solutions to address this problem. This call for the attention of local, national and international stakeholders in addressing this menace to help save the lives of innocent citizens who are languishing in drought. It is important to note that these areas are hostile and social workers need to be escorted by law enforcers when they are availing their help. The Kenyan government has also deployed police and the military with the aim of fighting this bandit and stop killings in the region. However, the most urgent issue right now is to provide food and water for these drought stricken areas and improve security so that women and children can be able to return to their homes.

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Changes in American Foreign Policy from Washington to Obama

Changes in American Foreign Policy from Washington to Obama

American foreign policy has been essential in perpetuating American dominance in global governance. However, several changes have taken place in the US foreign strategy since the time of George Washington to the Obama regime (Milakovich, George 14). Foreign policy has been changing with time depending on American national interests worldwide.

George Washington was the first commander of the US. During the regime of President Washington, America was too young and had so many domestic issues (Kissinger 14). It had little military power and little wealth to engage actively in glamorous foreign policy (Matthewson 323). Therefore, Washington advocated for neutrality foreign policy where he did not want America to be actively engaged in a dangerous foreign policy that would put America’s future into destructive nature of politics (Mead 17). John Adams, the second president of the U.S., maintained Washington’s neutrality policy but was entangled into a war crisis with France, during the “Quasi-War.” The Quasi-War was ended through diplomatic relations. However, under President Jefferson, the American approach to foreign policy changed dramatically from neutrality to a more aggressive approach.

Jefferson committed the U.S. to the first military encounter in a foreign country. The U.S. strengthened its military power over time, and it became an important player in the world politics. In the 19th century, America had begun to become more industrialized, and it was looking for markets oversee (Mead 76. The urge to find new markets for goods and services prompted America to change its foreign policy in a bid to fit perfectly in the global market. Engagement in trade had made America become a minor imperial power, and it engaged in a war with Spain for control of Cuba (Nye 14). The World War I increased America engagement with other nations especially most of the European nations (Hook 16). The war provided an important platform for America to engage in trade with most of the warring European nations. However, America declined to become a member of the League of Nations. A lot of economic prosperity, which was hallmarked by increased military strength and increased affairs in the global affairs marked the period between 1920 and 1930 (Hook 16). The second War II marked a new alignment in the America’s foreign policy.

 The reverberation of the World War II America emerged as a strong, sole superpower in the world (Hook 19). America took a central role in establishing the United Nations directing crafting of most of the laws (Hook 19). America took a pivotal role in the reconstruction of most of the war-torn the European nation through the marshal plan. That helped America to shape its foreign relationships through treaties and alliances that were aimed at protecting the interests of America overseas. Moreover, the cold war played a significant in shaping America’s foreign policy. America and its allies engaged in military, economic, and ideological competition with the Soviet Union. After the end of the cold war, America remained as the only super power in the globe.

The American policy favored self-independence of nations, democracy, market liberalization, and peaceful co-existence of nations. However, in the recent past, America has become more aggressive in its foreign policy (Hook 43). The national interests such as national security, international economics, and international politics dictate most of their approaches. In some cases, the U.S. has supported dictatorial governments in a bid to achieve its interests. America has been involved in several military raids in the recent past including Iraq and Afghanistan (Jackson 399). In the Obama administration, the approach was more conventional, but military raids were used during the capture of Osama Bin Laden and overthrow of Muammar Qaddafi. The aggressive approach of the American policy was toned down during the Obama administration (Jackson 394). Withdrawal of military troops from Afghanistan, reduced military spending, lenient foreign relations with Cuba, China and Iran, increased foreign aid and trade agreements marked Obama’s conventional approach (Jackson 391)

The culmination of the Cold War was marked by a decline in the economic and military dominance of Russia. The decline of Russian dominance in the global governance has prompted different regimes to take different measures in a bid to restore the countries pride in the international platform. The changing dynamics in the modern world have been central in determining the direction of Russia’s foreign policies. One of the important tenets of the Russian foreign strategy is its ability to form a new world order by leveraging its resources and intensive relations with other nations (Nygren 4). The tenet is premised on controlling the influence of the unipolar structure of the world politics and economics led by America and its European allies. Therefore, Russia seeks to install a multipolar system of international relations through collective resolutions to the problems afflicting the world, democracy and the rule of law (Donaldson, Joseph 17). However, analysts suggest that Russia will change the unipolar structure through subversion, destabilization, and disinformation by use of Russia’s special services (Dunlop 41)

Another important tenet of Russia foreign policy is intensified role in international institutions, economics, and politics (Donaldson, Joseph 27). This is intended to create new allies in a bid to tame the unipolar structure perpetuated by America. Therefore, Russia would acquire significance in the world economics and politics. Globalization will integrate Russia into the system of world economic ties that are vital to the economic growth of the nation (Tsygankov 6). Moreover, involvement in the international economics will help Russia promote fair international trade system that has been lacking for a long time due to the dominance of the U.S.

Strengthening international security is another is another tenet of the Russia’s foreign policy. Russia supports the removal of a unipolar power in determining the direction of international relations (Tsygankov 14). Russia supports the stabilization of regional security in a bid to achieve its national interests and economic interests. Russia supports the creation of a global system of control to counter the proliferation of nuclear weapons and destructive technologies (Shultz 15). Evidently, the global system will subject the U.S. to international control thus curtailing its unipolar role in global governance. Most of the foreign policies adopted by Russia are intended to put it in a polar position that is sufficient to tame the hegemony of the U.S. and European nations in global governance.

Works Cited

Donaldson, Robert H., and Joseph L. Nogee. The Foreign Policy of Russia: Changing Systems, Enduring Interests, 2014. Routledge, 2014.

Dunlop, John B. “Aleksandr Dugin’s Foundations of Geopolitics.” Demokratizatsiya, vol. 12, no. 1, 2004, 41.

Hook, Steven W., and John Spanier. American Foreign Policy since World War II. Cq Press, 2015.

Jackson, Richard. “Culture, identity and hegemony: Continuity and (the lack of) change in US counterterrorism policy from Bush to Obama.” International Politics, vol. 48, no. 2-3, 2011, 390-411.

Kissinger, Henry. Does America Need A Foreign Policy? Toward A Diplomacy for the 21st Century. Simon and Schuster, 2002.

Matthewson, Timothy M. “George Washington’s Policy toward the Haitian Revolution.” Diplomatic History, vol. 3, no. 3, 1979, 321-336.

Mead, Walter Russell. Special Providence: American Foreign Policy and how it changed the World. Routledge, 2013.

Milakovich, Michael E., and George J. Gordon. Public Administration in America. Cengage Learning, 2013.

Nye, Joseph S. The Paradox of American Power: Why the World’s Only Superpower Cannot go it alone. Oxford University Press, USA, 2003.

Nygren, Bertil. The Rebuilding of Greater Russia: Putin’s Foreign Policy towards the CIS Countries, vol. 4. Routledge, 2007.

Tsygankov, Andrei P. Russia’s foreign policy: change and continuity in national identity. Rowman & Littlefield, 2016.

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Shultz, George P., et al. “Toward a nuclear-free world.” Wall Street Journal 15 (2008): 2008

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French Revolution And Napoleon

Compose one twelve to fifteen-page research; students will submit their research that includes a thesis statement, a list of sources (primary and secondary) to be used, and a breakdown of the themes to be developed through the. Besides having a title and footnotes, the assignment should include a bibliography. Title pages and bibliographies do not count toward the twelve-page minimum requirement.

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Charismatic And Personalistic Politicians In Latin America

In times of political and economic crisis, charismatic politicians are able to rise to higher status through promises of economic prosperity. One such politician was Juan Peron, former president of Argentina. Peron gained massive popularity in Argentina during his rule, and even after his death, his political party still functions under his name. I want to explore how and why people like Peron are able to captivate people so well and how a country’s instability can push people to support highly controversial and polarizing figures.

Charismatic And Personalistic Politicians In Latin America

I hypothesize that personalistic leaders like Juan Peron are able to gain majority public support and create large-scale class mobilization because they capitalize on the lack of trust the general public feels for their government. Peron utilized his connections and cult of personality to gain power, and his tight grip on the Argentine people was a direct result of the disenchantment and anger felt by the people due to economic and governmental instability.

Starting outline:

– Overview of the political lead up to Peron getting elected

– Detailing his time in power and actions he took

– Looking at his sphere of influence

– How he rose to power

– Defining the major factors in his win

– How did the public respond to his leadership vs. the government

– The state he left the country in after his leadership

– Looking at the Peron Party in Argentina today

Peronism in Argentina

Lula/ Bolsonaro in Brazil

APRA in Peru

Cult of personality

What is the lead up to Peronism, APRA and Bolsonaro? Instability in what way?

Proposal: When the middle class is ignored within unstable countries, the chances of a cult-like leader rising up politically becomes more likely.

I want to explore how and why people like Peron and Haya de la Torre are able to captivate people so well, how a country’s instability can push people to support a polarizing figure.

Outline Full:

Introduction

Background information on Juan Peron and his rise to power in Argentina

Brief overview of your hypothesis and research questions

Thesis statement

II. The Political Lead-Up to Peron’s Election

Overview of the political climate in Argentina prior to Peron’s election

Key events and factors that led to Peron’s rise to power

III. Peron’s Time in Power

Description of Peron’s political agenda and actions during his time in office

Analysis of his economic policies and their effects on the Argentine people

Examination of his influence on various sectors of society, including labor unions, the military, and the middle class

IV. The Cult of Personality

Definition of the concept of the cult of personality

Explanation of how Peron used his charisma and personal connections to gain power

Discussion of the ways in which Peron’s personality cult impacted Argentine society

V. The Legacy of Peronism

Overview of the Peronist Party in Argentina today

Analysis of the ongoing impact of Peronism on Argentine politics and society

VI. The Rise of Personalistic Leaders in Latin America

Comparison of Peronism to other personalistic movements in Latin America, such as APRA in Peru and Lula/Bolsonaro in Brazil

Discussion of the factors that have led to the rise of personalistic leaders in these countries

Analysis of how economic and political instability contribute to the appeal of these leaders

VII. Conclusion

Recap of main points

Implications of the research for understanding the dynamics of political leadership and social movements in Latin America

Suggestions for future research

In times of political and economic crisis, charismatic politicians are able to rise to higher status through promises of economic prosperity. In Latin America, the same charismatic leader can be found in several politicians: Juan Peron of Argentina, Victor Raul Haya de la Torre of Peru and Jair Bolsonaro of Brazil. All three politicians rose to power during volatile times in their respective countries through capitalizing on citizens’ fear, distrust of the government and desire for better economic times. Peron was a former president of Argentina who came into power through the military coup of 1943 and maintained power through 1955 and again in 1973 due to his immense popularity with the Argentine working class. Torre was a politician who founded the American Popular Revolutionary Alliance political movement in 1924 while in political exile. Determined to make APRA a pan- Latin American movement, he pushed anti-oligarchal and anti-imperialist ideals when he formed the Aprista political party when he returned to Peru in 1930. Finally, Jair Bolsonaro is a politician who served as Brazil’s 38th president from 2019 to 2022. His influence has led to his former party (the Social Liberal Party) shifting ideologies into a nationalist, anti-communist and conservative party. After leaving this party, he went on to become a key figure

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