In Griswold V. Connecticut, Justice Johnson founds evidence of an enumerated right to privacy in amendments 1, 3, 4, 5, 9, and 14. Out of these amendments, a penumbral right to privacy emerged. Another advancement in the right to privacy was from Roe V. Wade when it was decided that privacy was a fundamental right, and, anything that restrained a fundamental right was subject to the strict scrutiny test. It was also decided that although you can not ban abortion, a privacy right, states can tailor laws to protect state interests.
The Supreme Court recognizes three aspects of privacy: the right to be free from governmental surveillance and intrusion, the right not to have private affairs made public by government, and the right to be free in thought and belief from governmental regulations.
I believe that the Supreme Court has done their job of protecting individual rights to privacy to the best of their abilities. Their rulings have the concessions majority. The Supreme Court’s three aspects of privacy, I believe, cover personal privacies adequately. Unfortunately, with the threat or terrorism, monitoring of email is a commonality- even though it is unconstitutional as it falls under the right to privacy. Although the Supreme Court should define exactly what privacy covers, there is still the worry that if it is defined, it can be taken away.
3.) Throughout the legislative process of Congress, the passing of bills is structured to give a bill’s opponents many times to ‘kill’ it. In both the House and the Senate, a bill is first introduced. It is then assigned to a committee. Sub committees hold hearing and “mark up’ bills. If the bill is approved, it is sent to Committee. After consideration by the committee, it is “reported” to the House or to Senate and placed on the calendar.
If the bill survives subcommittee consideration, and is reported by the committee in the House, a bill is then sent to the Rules Committee where rules governing debating on the floor about the bill are decided. Next, the full House debates the bill and amends it if necessary.
In the Senate, if a bill survives the subcommittee and the committee, it is sent to Leadership where majority and minority leaders by “unanimous consent” agreements schedule a full Senate debate and vote on the bill. The Full Senate debates the bill and may also amend it.
In both houses, if a bill is up for approval and is in a form different than the other House’s, the bill must go to a conference committee.
At Conference Committees, a committee of senators and representatives meet to reconcile the differences between the bills passed by each house. Once an agreement is reached, a compromise bill is sent back to both houses for approval.
If both houses have approved a bill, the President then approves or vetoes the bill Even after Presidential approval; congress can override a veto by a two-thirds majority vote in both the House and the Senate.
Because of the many ways a bill can “die”, it is very easy for a minority to “kill” a legislative proposal. A minority can kill a bill before it is even heard by the entire floor of the House or the Senate or could “kill” a legislative proposal at the very end by a Presidential veto. Although Congress can override a presidential veto, they need two-thirds approval, which is unlikely since the balance of Republicans and Democrats is split closely. I believe that it is not too easy for the minority to kill a bill. Although there are many different ways to kill a bill, many need majority votes to pass or fail. Bills die not because they have to go though so many different hands and stand for debate and consideration so many times, but because a majority wanted them to. Even if the process gives the minority a million chances to kill a bill, they still have to get a majority vote to kill it. If a minority is able to get a majority vote, that should say something.
4.) Many countries have multiple parties in the government but the United States has only two. Part of the reason Americans have only two choices is because of a legacy and history of a two party system. Americans are also less ideological than people in other countries: Americans are driven by practical concerns and approaches.
The mechanics of elections in the U.S. also attribute to our two party system. More than two parties can put pressure on the voters and the parties themselves. People also feel that voting for the third party will be a wasted vote. A winner-take-all system for representation is also discouraging to the for
mation of a third party. The two main parties are also very moderated.
American’s may not be pressured by more choices, or they may not feel that their votes wasted. Americans may just be sentimental people who know that since their great-great grandparent’s childhood there have only been two parties.
5.) The Federal courts are policy makers, in essence, because they influence our laws and policies. Federal courts exercise their power though judicial review, statutory interpretation, and equity power. Though Judicial review, it is the responsibility of the Federal Court to judge the constitutionality of the acts of the other branches of government. The Federal Courts practice statutory interpretation when they look at what a statue means and either override it or pass a new statue in its place. The equity power of Federal Courts allows them to decide what justice in a case would require, and commands that a change must occur to ensure safety. The equity power is the policy making function of the court.
The Federal Court system does have limits, though. One thing that limits cases from going to Federal Courts is the need for a case to be judiciable- appropriate for judicial resolution. Courts are also limited by the rule of Starre Decisis, in which they must let previous court decisions stand. Courts are also limited in the fact that they are passive institutions and must wait for cases to come to them. The American Federal Court system is not unified and is composed of 51 systems causing federal and state jurisdictions to overlap. Cases decided in Federal Courts can also be overturned with new statues or an amendment.
6.) The President of the United States of America is a large title that carries many responsibilities.
The President of the United States of America is the Chief of State: the symbolic figurehead of the nation. The President also serves as chief executive who is the supervisor of the executive bureaucracy. Another responsibility of the President is Commander in Chief. The President can recognize a state of war and indefinitely sustain war-like activities and can even lead battle operations if he/she chooses to do so. As President, one is also Chief Diplomat. Chief Diplomat directs foreign affairs and policies. They also choose which ambassadors to welcome and which countries to recognize. Presidents can also exercise, as Chief of Legislature, vetoing powers of legislative bills. Finally, The President is the Chief of his political party. The president as Chief of Party must help with fundraisers and setting the policy agenda.
The powers of the President also include the expressed constitutional powers, the control of the machinery of government by employment and appointment of people in government, and the power of persuasion. The Supreme Court ensures that the President’s expressed powers in the constitution are ensured and protected. The control of the machinery of government ensures that people who agree with the President hold jobs in office and help push issues and policies important to the President and his party. Finally, the President’s approval or disapproval is quite intimidating to those who disagree, which is where his power of persuasion comes from.
I believe that the major powers and roles of the President are adequate to meet his multiple political obligations. A President can push certain concerns and issues that are significant to his concerns and his party’s. A president can also facilitate foreign policy though welcoming ambassadors and implementing treaties. If war is necessary, a President can declare war. Presidents can also veto bills that may be detrimental to the health of the populace.
