Our system of government is based on the Constitution. It outlines in general terms the powers of government and the rights retained by the people.
Among the problems with the constitution is the fact that it is inherently ambiguous. No one knows what it means, despite the fact that many people confidently assert their personal interpretation as “the meaning” of various provisions.
For example, Article 1, Section 8, Clause 3 assigns sole authority over “commerce… among the several states” (interstate commerce) to the federal government. But what does that mean? “Interstate commerce,” according to the dictionary definitions of the words, means commerce between or among states, as opposed to “intrastate commerce,” which would be commerce entirely within a state. So does the fact that a factory is inside a state mean it’s “intrastate,” and thus immune from federal regulation? (This is how the supreme court ruled until 1937.) Or does the fact that the goods produced in the factory are shipped across state lines mean it’s “interstate.” (As the court rules today, though the current governor of Texas would like to change that.)
To give one more example, what does “freedom of speech” mean? Again, we all know the dictionary definitions of the words, but the court has held that our speech is not really free in many instances. We can’t joke about bombs at the airport. We can’t yell “fire” in a crowded theater, when there’s no fire. We can’t say things that are false and harmful about other people. We can’t send, or even possess, certain types of pornography. And there are, of course, many other limitations. So what does “free speech” mean? Who knows?
The same thing can be said of all powers and rights in the constitution.
So, we don’t know what, exactly, the powers of the government are, and we don’t know what, exactly, our rights are, in particular fact situations.
Our way of resolving this problem is that we have a supreme court to decide. The court hears and rules on dozens of cases each year, many of which result in more or less power for the government and more of less extensive rights for the people. But the members of the court are just people like us. And though they’ve spent a lot of time studying, they can no more answer all the questions presented to them than you or I could. At least not in a way that everyone will agree is “the meaning” of some power or right.
The best we can hope for is that people will accept rulings of the court, understanding that future rulings may change what the constitution “means,” and they regularly have.
Given that we depend on the court to establish, for now, what the constitution means, how they interpret it becomes very important. There are many ways scholars think about how members of the court interpret the constitution. One common way to think about interpretation is “originalism” versus “living constitutionalism.”
An originalist thinks we should try as best we can to get inside the heads of the framers in 1787 to figure out what they would have said in answer to a question, and do that.
A living constitutionalist thinks we should be mindful of changes in society since 1787 and use the basic principles outlined in the constitution to answer questions as they should be answered today.
Both arguments are made by smart people who want what’s best for America and its people.
QUESTION: What do you think? How should judges interpret the constitution?
Remember you need to make your “Initial Post” of at least 250 words
Category: Government homework help
400+ words Discussion Questions: Discuss the unique characteristics and risk of
400+ words
Discussion Questions: Discuss the unique characteristics and risk of the Food and Agriculture and the Healthcare and Public Health sectors. How are the public and private sectors being coordinated to assist in securing these sectors?
Use References attached and links below.
Food and Agriculture
– https://www.cfr.org/backgrounder/targets-terrorism-food-and-agriculture
– https://www.cisa.gov/food-and-agriculture-sector
Healthcare and Public Health
– https://www.cisa.gov/healthcare-and-public-health-sector
Part One – List an individual, their position held, and explain the role of that
Part One – List an individual, their position held, and explain the role of that person plays in policy making (50 words each, total 100 words).
Elected Official: Sacramento or San Francisco Public Official
Appointed Official: Sacramento or San Francisco Public Official
Part Two – In 400 words, discuss the similarities in the policy making process of the roles listed above. Compare the elected and appointed official. Consider how each gain the position, the role of each, and how they can affect policy.
Use two to three scholarly resources to support your explanations.
Please read this article (link below) and and discuss highlighted federalism pro
Please read this article (link below) and and discuss highlighted federalism problems of conflicts (federal https://ballotpedia.org/Marijuana_laws_in_the_United_States states vs local governments)associated with the legislation:
https://ballotpedia.org/Marijuana_laws_in_the_United_States
This assignment is designed for you demonstrate your understanding of the legal
This assignment is designed for you demonstrate your understanding of the legal framework in the United States and to apply what you’ve learned to a public safety scenario.
federalism
Because administering public safety often depends on what public entity (federal, state, county, local) has authority to operate, explain the concept of federalism in the United States. Be sure to address, at a minimum, what is the basis of federalism, what constitutional principles or provisions give the federal government power to act in the states and which ones restrain the power of the federal government. Finally, be sure to address the constitutional principle(s) or provision(s) that give states their power and what, if anything limits that power. Feel free to cite examples of federalism being applied in the field of public safety.
Police Powers
Please discuss the origins, applications, and limits of police powers. Do not limit your discussion to the powers of law enforcement—police powers are broader than that.
Scenario (consider that you are a state public safety official dealing with a pandemic).
Explain what legal factors/limitations you would consider related to a quarantine.
If the state needs additional resources from the federal government, explain in what circumstances the federal government can intervene.
If the state needs assistance from the National Guard and or the “regular” military, what issues will you need to consider related to their deployment.
Your assignment should be four to six pages not including your cover page and reference page. Your paper should be double spaced and have 1-inch margins. Finally, your paper should have paragraph headers that correspond to instructions but are abbreviated (example: “factors/limitations related to a quarantine” (3)(a)).
Select an organization (Gwinnett County Sheriff’s Office) with which you are fam
Select an organization (Gwinnett County Sheriff’s Office) with which you are familiar and obtain faculty approval for your choice. Send your instructor a message from the Message tab.
Write a 1,400- to 1,750-word paper that includes the following:
The organizational overview.
Prioritized assessment of the strengths, weaknesses, threats and vulnerabilities of your selected organization’s security system(s), including facilities, people, information systems, and other appropriate assets.
The influence of crime and criminology in your assessment, as well as applicable national and global issues.
Incorporate the SWOT matrix into your assignment, along with supporting narrative. Address both tabs of the attached template, SWOT and THREAT.
TurnItIn Report
working definition
3. Explain what you would consider to be a working definition of integrity for an intelligence gathering government agency. What sort of attributes would be absolutes?
4. What sort of conclusion did Kent Pekel come to in his discussion of integrity and ethics at the CIA? What are his recommendations?
morally intolerable
2. How would you define “morally intolerable” and “morally acceptable” from an intelligence operation perspective concerning national security? Is torture of terrorists or enemy combatants ever morally acceptable?
National Security Act
1. An element of the National Security Act of 1947 stated “…No United States intelligence information may be provided to the United Nations or any organization affiliated with the United Nations…” Briefly defend this position from an ethical perspective.
policy summary
▪ The policy summary is 3-4 pages that clearly describes the policy you have selected. This section must include:
o Policy Origins
When was law passed/program developed/policy initiated? Was it the result of federal/state/local legislation? Grassroots community activism? Case law? Was the policy/program/law initiated in response to an event such as a high-profile crime or social problem?)What is your policy? How does it operate?
o Policy Goals
▪re the go What weals of the policy? What was it intended to do? Reduce recidivism? Increase public safety? Save lives? Deter offenders? How is “success” defined, and how can researchers measure whether this policy has been successful?