Nine Topics Essay
Question One : Arguments for and against Quata based affirmative action policies. Quata based affirmative action policies implies the policies that are designed to correct historically social, economic and political inequalities at given region in some countries, and they are designed purposely to avail a level playing ground for all people in a certain country so as to eliminate the inequalities, by giving the disadvantaged group preference even though they don’t qualify in the process of empowering them. The advantages of quata based affirmative action policies include; it enables the designing of special policies that directed to the disadvantaged group of persons in promoting the general economic development through the empowerment of the initially excluded population, and this is possible by providing credit and business services, supporting of property rights, providing good infrastructure and the support of land reforms among other economic development accelerating aspects.
Quata based affirmative action is likely to correct the effects of of the former discrimination in empowering the initially disadvantaged population into a level play ground with the rest of the population and more especially from the social and political aspect. Quata based affirmative action normally ensures a reflection of society in the work places on where the institutions resides. The quata based affirmative action policies carries with them the following disadvantages; It is likely to discourage hard work within the group in which the policies are extended to because they know that they are to get things in an easy way than the rest of the population, thus they find no reason of engaging themselves vigorously like other persons because all is within their reach. The population that has been preferred against the policies also get demoralized in working hard because their hardworking never pays any reward as they can be compensated if they lag behind like the rest of the population. Quata based affirmative action is likely to promote hostility among groups as the other group may see being discriminated in favor of the not qualified group thus likely to cause social conflicts and more especially when race is an issue. It is also likely to promote inefficiencies at the work place, because unqualified persons are given responsibilities that they can not meet due to lack of professionalism in those fields and this even becomes worse on technical jobs because one is required to have definite qualifications otherwise the results will be unpleasant (Thomas,1991).
Question Two ; Definition of terms i)Reasonableness Reasonableness is used in relation to the state’s legislation and it implies the laws that are gender discriminating and they are invalid as pertains to logic or common knowledge,therefore reasonableness of the state’s legislation which means the restrictions that have been imposed on a given gender like for example women that bars them from engaging in some activities arbitrary without being logical and seems to be undermining them. ii)Strict scrutiny Strict scrutiny are the standards that are set in identifying or justifying the gender based discrimination and these set standards are contained in the strict scrutiny doctrine. The purpose of the strict scrutiny doctrine is to highlight the rights of various genders in society and the best way to avoid reasonableness in the State’s Law. iii)Sustainability Sustainability means the stopping of oppression on a certain gender for example women rather advocating for that gender’s rights and promoting equality among the genders. This is an intension of correcting discriminations and availing a level play ground for all gender,that is to provide a chance for the formerly oppressed gender to realize the abilities contained in them without necessarily being restrained by external factors. iv)Skeptical scrutiny Skeptical scrutiny is a set of standard that are expected to correct gender discriminations and its based on the long history of gender discrimination,on which in bases its justification in attempt to set the standards that are expected to be used in court where its establishment was meant to avoid excess persuasive justifications.Question Three; School desegregation in the US The American schools were separated on racial ground and also unequal although it was felt being constitutional illegal. Having the Brown I court as the as the important judicial decision maker,is held a stand of segregation of schools as being unconstitutional because it promoted inequality which undermined the pleasing Doctrine (1886) which advocated for segregation of schools by rather implementing the civil rights act.
The directive from the Brown I court was not specific on when schools schools desegregate which made the southern school districts to evade which further called for a redefine of the directive. The directive from Brown I was advocated later by the Green V. Country Board of Education of New Kent Country in it requiring the dismantling of the dual segregated systems in school in the year 1968, and by that the supreme court designed desegregation plans in using the Green factors,that included a desegregation in respect to staff,transport,faculty and also the extracurricular activities. In Alexander V. Holmes Country(1969) the court directed the a desegregated district so as to enable Unitary schools.
Keyes V. Denver School District(1973) required the court to address the de fado Versus de jure segregation issue,where the school systems were responsible for the policies that lead to segregation. Milliken v. Bradley(1974),the US made an attempt in promoting racial integration within the American schools.
Dowell the supreme court allowed the courts to supervise desegregation orders, and lastly in Freeman v. Pitts(1994),the supreme court withdrew from supervising the implementation of desegregation rules due to the good faith of the school districts.Question Four;The Wall separation between church and State in the United states. A wall of separation between church and State implies the characteristic features that are set to distinguish the state affairs from the church affairs in terms of deceleration ,that is to distinguish between state laws and the church laws together with their justifications without making a confusion of the other. The decisions of the supreme court has affected the the wall of separation over time in the sense that some actions which were seen illegal by the church have been justified and made legal by the supreme court in their judgment. There are court rulings that offend the church ruling like the case of legalizing morality,the application of death penalty and the supreme court ruling on affirmative action among other rullings.
(http://www.hoover.org/multimedia/uk?browse=topic;cat=39041)Question Five;Freedom of speech is never absolute. The freedom of speech refers to the freeness to speak without censorship, and this freedom varies from one counter to another, although its guaranteed by the international law. The freedom of speech in not absolute in the United states and its limited on the ground of when,how , what to speak and to who. The situations that makes freedom of speech not absolute include Defamation, Obscenity,threats,lying in court,hate speech,noise pollution among others.
The cases that have tried to solve the freedom of speech issue in the United States include York times v. Sullivian,Times Inc, v. Hill, Schenk v. United States and Branden burg v. OhioQuestion six; the rights of the criminally accused The United states has been progressively making amendments on the rights of a criminally accused person in the following ways;The fourth amendment protects the arrested person from unreasonable searches and seizure of persons,and a warrant is not expected to be issued if there is no viable reason,where the warrant should also specify the places where to search. the fifth amendment restore the arrested person a right to decline in making a statement that is likely to incriminate him and the right of being tried once on one given crime. The sixth amendment restored the rights of to confront witnesses,the right to have a lawyer in all crimes committed and a right to a speedy public trial(Andrew,1982).
Question Seven; Bases of democracy The bases of democracy include the control of the government decisions constitutionally,the fair way of electing the government officials, restoring a right to vote to all adults in a given country,all adults should have a right to vie for any elective posts in the country,citizens should have a right of expressing themselves without fear from the government,citizens should have a right of seeking an alternative source of information is they don’t trust the already given information,citizens should have a right to form organizations and associations and the elected officials should exercise their responsibilities according to the dictates of the constitution.(http://fas.org/sgp/crs/row/RL34296.pdf.) Limited government is the best base for democracy as the public will be willing to negotiate over its rights and in checking the performance of the government in it serving the public interest.Question Eight; Roles of the president. The president is the chief of the state and in that he should be an inspiring example to the whole nation. The president also has a role as the chief executive of the nation in deciding the pattern of enforcing the laws of the nation,and in choosing the government officials and advisors to help in the running of the nation.
The president is the chief diplomat in the sense that he has the powers to decide on the nation’s diplomats and its ambassadors on what they should say to the foreign government president is the commander in chief as he is in charge of the nation’s armed forces,air force,Navy and Marines,in deciding on where army should be deployed and how it should be done. The president has a role in influencing law making on urging the congress on either to pass some laws or stop the implementation of certain laws in his responsibility as the thief legislator. Despite the fact that the president is elected, he also helps the election of other members or appoints them into office and as such he works as a chief of party. Lastly the president has a role in protecting the country’s economy in reducing such negative factors like unemployment,high taxes,and high prices in creating an enabling environment that will accelerate development thus acting as the chief guardian of the economy.(http://www2.
scholastic.com/browse/art icle.jsp?id=4683 )Question Nine;federal, confederal, and unitary systems of government. With the federal government,the powers of the government are shared between the central government and the states that are within that government where the states are given powers for self rule through their own legislatures. A confederation government implies the a weak organization of various government who decide to follow some a central powerful government,but its not mandatory that these states should follow the weak central government. Whereas in the unitary government ,there is a one central government that controls the weaker states and the power in never shared among either the states or countries.(http://www.
,1982, Human rights in criminal procedure; A comparative Study, Brill,United Kingdom, pp103Epstein B.,2007,Democracy Promotion;Cornerstone of US Foreign policy,Retrieved on 17th May 2008f from the World wide Web;http://fas.org/sgp/crs/row/RL34296.pdf.Hoovers Institute Website ,Common Knowledge , Retrieved from the World wide Web ; http://www.hoover.org/multimedia/uk?browse=topic;cat=39041Thomas R.,1991,Beyond Race and Gender;Unleashing the power of your total,AMACOM Div American Management, US pp 92Seven Roles for the president,Retrieved on 17th May 2008 from the World wide Web; http://www2.scholastic.com/browse/article.jsp?id=4683George Cassutto’s Cyberlearning World ; Retrieved from the World wide Web ; http://www.cyberlearning- world.com/lessons/origins.htm