Changing the Constitution Without the Amendment Process

Since its final ratification in 1788, the U.S. Constitution has been changed countless times by means other than the traditional and lengthy amendment process spelled out in Article V of the Constitution itself. In fact, there are five totally legal â€Å"other† ways the Constitution can be changed. Universally acclaimed for how much it accomplishes in so few words, the U.S. Constitution is also often criticized as being too brief—even â€Å"skeletal†Ã¢â‚¬â€in nature. In fact, the Constitution’s framers knew the document could not and should not try to address every situation that the future might hold. Clearly, they wanted to ensure that the document allowed for flexibility in both its interpretation and future application. As a result, many changes have been made to the Constitution over the years without changing a word in it. The important process of changing the Constitution by means other than the formal amendment process has historically taken place and will continue to take place in five basic ways: Legislation enacted by CongressActions of the President of the United StatesDecisions of the federal courtsActivities of the political partiesThe application of custom Legislation The framers clearly intended that Congress—through the legislative process—add meat to the skeletal bones of the Constitution as required by the many unforeseen future events they knew were to come. While Article I, Section 8 of the Constitution grants Congress 27 specific powers under which it is authorized to pass laws, Congress has and will continue to exercise its â€Å"implied powers† granted to it by Article I, Section 8, Clause 18 of the Constitution to pass laws it considers â€Å"necessary and proper† to best serve the people. Consider, for example, how Congress has fleshed out the entire lower federal court system from the skeletal framework created by the Constitution. In Article III, Section 1, the Constitution provides only for â€Å"one Supreme Court and †¦ such inferior courts as the Congress may from time to time ordain or establish.† The â€Å"from time to time† began less than a year after ratification when Congress passed the Judiciary Act of 1789 establishing the structure and jurisdiction of the federal court system and creating the position of attorney general. All other federal courts, including courts of appeals and bankruptcy courts, have been created by subsequent acts of Congress. Similarly, the only top-level government offices created by Article II of the Constitution are the offices of the President and Vice President of the United States. All of the rest of the many other departments, agencies, and offices of the now-massive executive branch of government have been created by acts of Congress, rather than by amending the Constitution. Congress itself has expanded the Constitution in the ways it has used the â€Å"enumerated† powers granted to it in Article I, Section 8. For example, Article I, Section 8, Clause 3 grants Congress the power to regulate commerce between the states—â€Å"interstate commerce.† But what exactly is interstate commerce and what exactly does this clause give Congress the power to regulate? Over the years, Congress has passed hundreds of seemingly unrelated laws citing its power to regulate interstate commerce. For example, since 1927, Congress has virtually amended the Second Amendment by passing gun control laws based on its power to regulate interstate commerce. Presidential Actions Over the years, the actions of various presidents of the United States have essentially modified the Constitution. For example, while the Constitution specifically gives Congress the power to declare war, it also deems the president to be the â€Å"Commander in Chief† of all U.S. armed forces. Acting under that title, several presidents have sent American troops into combat without an official declaration of war enacted by Congress. While flexing the commander in chief title in this way is often controversial, presidents have used it to send U.S. troops into combat on hundreds of occasions. In such cases, Congress will sometimes pass declarations of war resolution as a show of support for the president’s action and the troops who have already been deployed to battle. Similarly, while Article II, Section 2 of the Constitution gives presidents the power—with a supermajority approval of the Senate—to negotiate and execute treaties with other countries, the treaty-making process is lengthy and the consent of the Senate always in doubt. As a result, presidents often unilaterally negotiate â€Å"executive agreements† with foreign governments accomplishing many of the same things accomplished by treaties. Under international law, executive agreements are just as legally binding on all of the nations involved. Decisions of the Federal Courts In deciding many cases that come before them, the federal courts, most notably the Supreme Court, are required to interpret and apply the Constitution. The purest example of this may be in the 1803 Supreme Court case of Marbury v. Madison. In this early landmark case, the Supreme Court first established the principle that the federal courts could declare an act of Congress null and void if it finds that law to be inconsistent with the Constitution. In his  historic majority opinion in Marbury v. Madison, Chief Justice John Marshall wrote, â€Å"†¦ it is emphatically the province and duty of the judicial department to say what the law is.† Ever since Marbury v. Madison, the Supreme Court has stood as the final decider of the constitutionality of laws passed by Congress. In fact, President Woodrow Wilson once called the Supreme Court a â€Å"constitutional convention in continuous session.† Political Parties Despite the fact that the Constitution makes no mention of political parties, they have clearly forced constitutional changes over the years. For example, neither the Constitution nor federal law provides for a method of nominating presidential candidates. The entire primary and convention process of nomination has been created and often amended by the leaders of the major political parties. While not required by or even suggested in the Constitution, both chambers of Congress are organized and conduct the legislative process based on party representation and majority power. In addition, presidents often fill high-level appointed government positions based on political party affiliation. The framers of the Constitution intended the electoral college system of actually electing the president and vice president to be little more than a procedural â€Å"rubber stamp† for certifying the results of each state’s popular vote in presidential elections. However, by creating state-specific rules for selecting their electoral college electors and dictating how they might vote, the political parties have at least modified the electoral college system over the years. Customs History is full of examples of how custom and tradition have expanded the Constitution. For example, the existence, form, and purpose of the vitally important president’s cabinet itself is a product of custom rather than the Constitution. On all eight occasions when a president has died in office, the vice president has followed the path of presidential succession to be sworn into the office. The most recent example happened in 1963  when Vice President Lyndon Johnson replaced the recently assassinated President John F. Kennedy. However, until the ratification of the 25th Amendment in 1967—four years later—the Constitution provided that only the duties, rather than the actual title as president, should be transferred to the vice president.

The Government Should Public Participation - 1554 Words

THE US GOVERNMENT SHOULD INSCREASE PUBLIC PARTICIPATION IN DECISION MAKING PROCESS IN ORDER TO PASS PARTICULAR POLICIES RESULTING TO A DECREASE IN CORRUPTION CAUSED BY CAPITALISM. Siddharth Phadke FAIRLEIGH DICKINSON UNIVERSITY Abstract Capitalism is must for a country’s development, as it helps to grow the economy of a country. Also the political parties governing the country need some capital in order to survive the election environment for campaigning. So the main source of fund which they get is from the business bosses i.e., the capitalists who are integral part of the American economy. Capitalism is the most powerful tool for gaining funds as they are profit oriented. Corruption thus occurs when there are†¦show more content†¦Likewise the political gatherings overseeing the nation require some capital so as to survive the race environment for campaigning. So the principle source of asset which they get is from the business supervisors i.e., the capitalists who are essential part of the American economy. Private enterprise is the most intense instrument for picking up assets as they are profit oriented. Corruption along these lines happens when there are numerous capitalists undertaking and they should conquer a specific business sector. Therefore corruption is for the most part determined by the capitalists. A system gets to be degenerate when it gets to be greedy. Government authorities are ruined by the capitalists with a specific end goal to advantage their endeavor benefits. Competitive environment and other economic pressure forces a capitalist enterprise towards corrupting the government. With a specific end goal to diminish this corruption, there ought to be more public interest so that the choice is made through open worry as in a majority rules system, individuals of that nation assume an essential part in encircling the nation s government and financial framework. THE US GOVERNMENT SHOULD INTRODUCE A DISTRIBUTED DECISION MAKING FRAMEWORK IN PUBLIC SECTORS FOR PASSING PARTICULAR POLICIES IN ORDER TO DECREASE CORRUPTION CAUSED BY CAPITALISM. Capitalism is an economic and political system in which a country s trade and industry are controlled by private owners for

Personal Statement On Dove Beauty Bar Essay - 1952 Words

CONTENTS TARGETED NEEDS 1 HEALTH NEEDS 1 SOCIAL NEEDS 2 MASLOW’S HIERARACHY OF NEEDS: 2 CULTURE AND SOCIAL CLASS 5 HOFSTEDE MODEL 5 SOCIAL CLASS 6 BELIEFS 8 Brand Distictiveness 8 Inferential Beliefs 8 Consumer Confusion 9 FAMILY AND HOUSEHOLD INFLUENCES 11 ROLES IN BUYING DECISIONS: 11 FAMILY LIFE CYCLE: 12 TARGETED NEEDS HEALTH NEEDS Health needs include personal care and hygiene demands. Dove beauty bar caters to the health needs of consumers. Dove sets itself apart in the soap industry by offering a beauty bar. Dove has evolved over time into a beauty bar from a bath and toilet soap. Earlier Dove was known as a bath and toilet soap that cleanses and moisturizes the skin with its cream laden soap. Today Dove does not call itself a soap because over the time it has associated the word soap with harsh cleaning action and rough skin. It completely differentiates itself from soap by calling itself a beauty bar. The change of trends with time also required Dove to remove the word toilet soap from its ads and position itself more strongly on its distinct ability to nourish and revitalize the skin. SOCIAL NEEDS Social image needs are based on a person’s concern about how they are perceived by others and a desire to project a distinct image on others. Dove beauty bar actively focuses on the social needs and communicates the consumer to celebrate differences that they have. Dove’s beauty campaign revolves around diminishing the stigmatized standards for beauty and promotes theShow MoreRelatedThe Principles Of Unilever Ceo Paul Polman2170 Words   |  9 Pages Dove was launched in the market by Unilever in 1957. With a vision to motivate the people to feel good and look good, it aimed to help women to become confident about their skin and appearance. Their basic aim is to get more out of life with brands and services that are actually good for them and also for others. 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Family Is An Important Influence On A Child s Life

In the past, children were raised on the streets or lived in orphanages. However, time has changed and today children get raised by their single-parents, stepparents, grandparents, or another parental figure. All this is now possible due to the procedure of adoption, which has become an important aspect worldwide. Adoption allows the children who have no parents feel the benefits of parental care. Family makes an important influence on a child’s life. Children depend on parents to protect, support, and give them guidance in life. Adoption agencies help children feel that love and connection by finding them a place to call home. In order to adopt a child, adults go through an adoption process. This process takes time†¦show more content†¦are eager to take them in. For example, they ask agencies to take the child when they have a little or no resources to survive or just live in a poor country. The birthparents give their children up for adoption because they believe life in America will offer a new hope. However, some adoption agencies offer programs for children to visit their birth country. In her newspaper, â€Å"Adopted children Learn About Heritages through Trips† (2015). Beth Benrendt claims that adopted children should have the chance to visit their birth country, to gain an educational and meaningful experience. Benrendt develops her argument by using the following families who have been in this situation, in order to convince the reader’s that allowing the child to visit their birth country is beneficial. Her purpose is to inform readers that heritage can be learned and interpreted through trips. She suggests arranging a tour and allowing the child to visit their birth country, will make them learn tradition and first-hand exposure to that lifestyle. Allowing a child to visit the country they were born is necessary because learn about their background. Some agencies take in children in need of help from another country. T hey offer a program called, â€Å"Orphan Hosting.† It is categorized within a child’s own country. This program gives people a time to meet and see the awaiting adoption kids. Some even inspire families to consider children they had not considered

The Unabomber Free Essays

The Unabomber For 17 years, an elusive criminal sent homemade bombs that targeted universities, airlines and computer stores, killing three people and injuring 23 others. The FBI branded Theodore Kaczynski a domestic terrorist, with the nickname the â€Å"Unabomber† (Unabomber). Theodore â€Å"Ted† Kaczynski was born in Chicago, Illinois, where, as a child prodigy, he excelled academically. We will write a custom essay sample on The Unabomber or any similar topic only for you Order Now He was accepted into Harvard University at the age of 16, where he graduated from four years later and then earned a PhD in mathematics several years after that. He then accepted a position at The University of California, Berkley campus as an assistant professor at the age of 25 (Unabomber). After two years at Berkley, Kaczynski seemed to have lost interest in everything around him. He quit his job and moved to an isolated cabin, without electricity or running water, in Lincoln, Montana. He wanted to learn survival skills in an attempt to become self-sufficient (Kaczynski). After witnessing the wilderness and environment around him get destroyed by industrial development, Kaczynski decided to start a bombing campaign (Kaczynski). From 1978 to 1995, Kaczynski sent sixteen bombs to targets, including universities and airlines (Unabomber). The first mail bomb was sent in late May 1978 to materials engineering professor Buckley Crist at Northwestern University, where a policeman, Terry Marker, opened the package which exploded immediately, leaving him with severe injuries to his left hand (Unabomber). He not only mailed his bombs, but would also hand place them throughout the United States. In California Kaczynski hand placed a nail and splinter loaded bomb in a parking lot of a computer store. When it was touched, it exploded, killing the 38-year-old computer store owner (Unabomber). Theodore was not just a murder with no motive, he proclaimed that humans were ruining the world through technology (Kaczynski). After 17 years of his bombing campaign, he sent his 35,000-word essay â€Å"Industrial Society and Its Future†, abbreviated to â€Å"Unabomber Manifesto† to major media outlets around the U. S. (Unabomber). The essay called for a worldwide revolution against the effects of modern society’s â€Å"industrial-technological system† (Kaczynski). He stated that â€Å"the Industrial Revolution and its consequences have been a disaster for the human race† (Kaczynski). Several months after the Unabomber Manifesto was printed on the Washington Post, Kaczinski’s brother and wife recognized his brothers writing styles and beliefs and tipped off the police. FBI officers arrested Kaczynski on April 3rd, 1996, at his remote cabin in Lincoln, Montana. Theodore thinks of himself as perfectly sane, with justifiable reasons connected to his crimes (Kaczynski). Theodore Kaczynski was sentenced to eight life sentences in prison with no possibility of parole. How to cite The Unabomber, Essay examples

Social Work Report to Court for Megalo Drug Advisory Service

Question: Discuss about theSocial Work Report to Court for Megalo Drug Advisory Service. Answer: Brief Background Information on Heidi reveals that she has been suffering from issues related to substance abuse. Heidi has been involved in drugs due to which she has been sentenced. However, changes in behaviour can overall help in improving such addictions. It is required that the court should consider that she has already started the program and following it stringently. She has been taking part in the methadone program which can help and support her in getting rid of her substance abuse issues. The heroine is a dangerous drug and its overdose can also lead towards the death of individuals. As of now, a total of 5 urine samples has confirmed that Heidi has been involved in the drug abuse. The purpose of this report is to present a court report on the selected client. As a social worker of a parenting support and education program for parents who are young, the aim will lie in dealing with individuals who have substance abuse issues. Heidi has attended the program for 2 sessions for half day each week as she started the program on methadone just six weeks before her sentence. Record of Contact Heidi was presented to the Megalo Drug Advisory Service on the 08-04-2018. The initial contact with Heidi was followed by a total of 12 more contacts which comprises of two half-day long sessions on a weekly basis (Executive, 2012). It was found that Heidi has been constantly willing as well as motivated to utilize the six-week long methadone program that can be used by her to overcome the substance abuse program. Heidi is a parent of a young child namely Kelly, a 3-year-old. It was identified that she was highly oriented to attend the drug abuse program which can improve her basic lifestyle as well as improve the daily habits (Fisher Harrison, 2012). Heidi has been charged with theft and use of illegal opioids such as heroin as one of the examples. The lack of self-control and self-ability to overcome the addiction resulted in Heidi to identify that that overcoming the addiction on her own will not be possible. It becomes essential to consider that the Heidi was engaged in theft as well. Social background Heidi is a young parent of one 3-year-old child. Heidi is responsible for not only taking care of but also for the wellbeing of her 3-year-old daughter namely Kelly (Hamilton, 1942). Apart from which, Heidi lives with her husband who is a project manager due to which he requires to spend over 15 days outside of the documented residence in a month due to which Heidi becomes responsible for domestic as well as her personal career, and works related to daughter. It was found that Heidi grew up in an upstate area but soon after the birth of her daughter, her father died of lung cancer and the entire family experiences a phase of loss and sadness. However, Heidi did not receive any counselling or joined any support group to deal with the grief, as a result, she developed depression that prevented her to enjoy the most joyful moments of the life (McLellan et al, 1997). This is when she recognized some of her colleagues use heroin periodically to overcome the negative feelings. However, as evident heroin is an addicting illicit drug which poses risk to the wellbeing itself of Heidi. It was found that the Heidi was involved in the abuse of heroin as she became aware of the numbing and memory distorting effect it can have on the user (Kandel, 2002). However, since the first drug abuse instance, Heidi has reported being unable to controlling herself and distancing from the drugs. Furthermore, the lack of self-control results in Heidi to steal goods from the local store as well. While she used to inform her husband about all aspects of life, she did not disclose the developed addiction until the first encounter with the treatment services. Education and Work Experience Heidi holds a graduate degree from the University of Canyon in business administration. Heidi was employed by the McKinsey Company as an associate consultant (Nelson-Zlupko et al, 1995). However, the work requires Heidi holds total 4 years of work experience post the graduation. Despite the high scores in the schooling, Heidi was unaware of the risks that illicit drug use can pose especially upon the first drug abuse instance. Drug history The workplace of Heidi comprised of high disposable income earners due to which some of the recently hired employees introduced Heidi to the heroine. However, soon after the onset of addiction, Heidi lost her job due to being unable to reach the office in a timely manner and lack of focus or task orientation in the workplace (Rod et al, 2015). It can be presumed that while members of the workplace did not identify the drug abuse problem, Heidi was on drugs during the last days at her workplace as a consequence. Heidi has realized her mistakes and focuses on joining another market research firm that has invited Heidi for the interview (OHare, 2005). The drug history of Heidi is relatively short as comprises of over 2 months of duration. However, this duration of drug abuse has posed surmounting problems to Heidi. Health Heidis health has been deteriorating. Her mental health is not as it should be for a young parent. She is suffering from depression and has stress due to her financial situations and her bad habit. Heidi after losing her father did not attend any counselling as well. This, in turn, made her further depressed because she was closely attached to her father. After the birth of her child, she continued growing weak physically. She has never resorted to exercising or changing her daily routine (Saleebey, 2012). Her routine does not offer her time to rejuvenate or be relieved of stress. She does not have a clear focus on her health physically or mentally. Also, due to the continued financial stress, Heidi has been further involved in being depressed. Financial Situation Heidi is not a single parent but most of her time, her husband is not in the city most of the time. Her husband earns average and the earnings that she makes are mostly used to maintaining the house and her childrens school fees (Ungar, 2004). Heidi does not have any accumulated wealth. She has not inherited from her paternal home. She has a weak financial background implying she does not even have sufficient money on most days to fill her stomach. However, her habit of drug abuse has further deteriorated her situation (Best et al, 2016). She hasnt paid for the school fees or her home bills. Her husband has been bringing the finances but they are now consumed in the treatment of their child who is suffering from chronic asthma and other bronchial issues. Professional assessment She was continuously depressed and stressed out. Even though she has a graduate degree and used to love studies but still now she does not have the energy to continue training herself professionally (Csiernik Rowe, 2017). Since the past 6 months, she stopped going to work because her substance abuse issue was brought to the forefront. Conclusion and recommendation It has been identified from the assessment that death of the father followed by lack of support or availability by the husband has placed increasing pressure on Heidi to take care of her own employment, domestic chores and education of her daughter. Moreover, the peer pressure from the newly hired employed at her workplace resulted in Heidi to try and become addicted to heroin. However, after the 2 months of drug abuse, she has recognized the problem, joined the methadone program and seeks further employment. Recommended action would be to assess Heidis behaviour. A brief community service can be given for the action of theft committed by her. Reflection I have always been a follower of ethics and while writing this report as well, ethical considerations were kept at the forefront. Furthermore, social justice and human rights issues were also ensured to be taken into consideration. I was motivated to choose this case as I could relate to the family oriented background of Heidi. I knew little about the human rights issue experienced by Heidi and that social justice will also be delivered to her. As Heidi is engaged in substance abuse, she is still to be viewed from the perspective of a human who has rights and these rights need to be respected and she should have the ability to exercise such rights. Heidi has been involved in misconduct due to her substance abuse problem. Being a young parent, she needs to acknowledge her responsibilities towards her family. Ethical considerations in this regard are therefore essential because all the personal information has been presented of Heidi in the report. However, the information has been presented in a way that it does not bring forward any ethical dilemma. Preserving the information of the client in a secure manner is one of the ethical considerations required to be made so that no one else has the ability to access it if they are not authorized. This is critical to consider as the human rights requie consideration to not only the gender, race, sexuality and poverty but also on the general impact of life. Therefore, it is important that human rights for Heidi are considered to minimize the impact on her life. Social justice issues were to be dealt with because as a new parent, Heidi has now adopted a suitable path towards her recovery. Her recovery will not be successful if she does not have the will or belief in the social justice system. The perspective of social justice was also kept in mind because it is not liable to offend the court in any manner. Heidis human rights were preserved moreover by allowing her to be independent and to let her lead her case by offering examples such as a change in her social behaviour and changes to her attitudes. References Best, D., Beckwith, M., Haslam, C., Alexander Haslam, S., Jetten, J., Mawson, E., Lubman, I. (2016). Overcoming alcohol and other drug addiction as a process of social identity transition: the social identity model of recovery (SIMOR).Addiction Research Theory,24(2), 111-123. Csiernik, R., Rowe, W. S. (Eds.). (2017).Responding to the oppression of addiction:Canadian social work perspectives. Canadian Scholars Press. Executive, S. (2012). " It's everyone's job to make sure I'm alright"-Report of the Child Protection Audit and Review. Fisher, G. L., Harrison, T. C. (2012).Substance abuse: Information for school counselors,social workers, therapists and counselors. Pearson Higher Ed. Hamilton, G. (1942).Theory and practice of social case work. New York School of Social Work. Kandel, D. B. (Ed.). (2002).Stages and pathways of drug involvement: Examining the gateway hypothesis. Cambridge University Press. McLellan, A. T., Cacciola, J. S., Zanis, D. (1997). The addiction severity index-lite.Center for the Studies on Addiction, University of Pennsylvania/Philadelphia VA Medical Center. Nelson-Zlupko, L., Kauffman, E., Dore, M. M. (1995). Gender differences in drug addiction and treatment: Implications for social work intervention with substance-abusing women.Social work,40(1), 45-54. O'Hare, T. (2005).Evidence-based practices for social workers: An interdisciplinary approach. Lyceum Books, Incorporated. Rod, M. H., Jhncke, S., Steffen, V., Raahauge, K. M. (2015). The social life of evidence: Rationalizing professional practice in the welfare state.Between Magic and Rationality: On the Limits of Reason in the Modern World,4, 43. Saleebey, D. (2012).The strengths perspective in social work practice. Pearson Higher Ed. Ungar, M. (2004). Surviving as a postmodern social worker: Two ps and three rs of direct practice.Social work,49(3), 488-496.