Section 1
The resources of our court system are finite and for this a potential plaintiff must satisfy a number of requirements. Before an individual can argue their case before a judge he must show standing. He must show that he has personally had his rights violated, and further that he has sustained some kind of loss. If the victim has a legitimate complaint the matter must be resolved by a judge, or a jury of his peers. Through fact-finding the issues at stake are converted into hard legal questions. Through a decisional process an output, or ruling, is issued. In most cases this settles a dispute. In many others it spells the beginning of years of political and judicial wrangling, which sees laws upheld, struck down and created
For a person to gain access to the courts they must satisfy several requirements. As Iv already mentioned, a person must show that he has personally had his rights violated. Further, he must have sustained some kind of loss. A party that fails to show that a law has, or will, harm him will be found to lack standing. Section 2, article 3 of the constitution enumerates three criteria to gain standing in the courts. First, judicial power must extend to all cases, and controversies. An injury must have actually occurred, or be imminent. Further, the injury must pertain to the zone of interest meant to be regulated or protected under the statutory or constitutional gaurentee in question. After this a judge or prosecutor will ask if causation is directly attributable to the named defendant. Finally, a plaintiff must show redressibility. Redressibility is the plaintiff’s ability to sue, and win. A circumstantial argument on the part of the plaintiff is not enough. They must show how they want the court to rule, and how that ruling will correct the injustice. Im the case of Lujan v. Defenders of wildlife the Supreme Court define redressibility requirements. They stated that the party invoking federal jurisdiction must establish and measure up to each of these three requirements. The obsticles to abtaining standing don’t end here. The prohibition of third party standing asserts that third parties, with an interest in a cases outcome, may not file on behalf of the offended. The prohibition of generalized grievances holds that a plaintiff cannot sue as a tax payer on the grounds of grievances shared by all tax payers. In Frothingham v. Mel...
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...eral factors. The constitutional standard upon which an opinion is based must be a simple one. Decisions in which the court reads new principals into the constitution are always the most contentious, and the hardest to implement. The judiciary must also have control over the means by which to effectuate enforcement of these principals. The third requirement has to do with the degree of public acquiescence. This holds that there is “no need for agreement, simply the absence of opposition-in the principal and its application.”(words of Justice Felix Frankfurter) This was largely the case in Bush v. Gore (2000). By the time the court heard the case the weary public, and the (Republican) powers in Florida, mounted no strong opposition in the court. James S. Spriggs the Second would have us add another predictor of effectiveness. The specificity of the Court’s opinion, he argues, is a prime determinant in compliance. In the end it takes more than Court prestige; it takes more than litigation and legislation. When people assert their rights, and demand the respect and recognition that accompany those rights, action is forced on the Court. In the face of apathy the court has never ruled.
Through the years many changes have taken place, and technologies have been discovered, yet our Constitution remains. Some say that the Constitution was written for people hundreds of years ago, and in turn is out of step with the times. Yet its principals and guidelines have held thus far. The framers would be pleases that their great planning and thought have been implemented up until this point. However this does not compensate for the fact, that the we the people have empowered the government more so than our fore fathers had intended. Citizens were entrusted with the duty to oversee the government, yet so many times they are disinterested and only seem to have an opinion when the government’s implications affect them. As time has changed so has the American people, we often interpret our freedoms in a self serving manner, disregarding the good of the whole and also the good for the future. Thus there are no true flaws in the Constitution, it appears that the conflict emerges in the individual and their self, and poses question when we must decide when to compromise the morals that our Constitution was founded on, or when to stick to what we know is right and honest.
We all know how segregated society can get and how heated people can get with this topic, but out of all the segregation of society, there is probably none more emotional than the indians and the whites. This is clearly shown when Zits, a Native American Indian protagonist of the book Flight by Sherman Alexie, talks about how he has a very strong hatred for the people who have done his ancestors wrong in the past. Throughout the first few chapters, we hear how Zit’s plans on getting revenge for his ancestors. He plans on getting justice for his ancestors with killing the white people and he expects that all of these actions and violent ways will be justified. As he travels through time, he slowly starts to learn that no matter what her does, he can’t undo the past. His mind set slowly turns from being “I can change the past by righting the wrong.” but ultimately learns that the past is in the past and that you can’t change what has happened; no matter how badly you want to.
After many more suits were filed, oral arguments in Bush v. Gore were brought before the US Supreme Court on December 11, 2000 by lawyers representing both sides. Due to the nature of the case, the court gave its opinion only 16 hours after hearing the arguments. Bush’s representation questioned, Does recounting in Florida violate the Equal Protection Clause of the 14th amendment to the United States Constitution? Because all the votes were being counted unevenly, with standards varying from county to county, recounts in counties where he could have majority were not being conducted. Bush argued the decision went against the Constitution stating “nor shall any State.
In William Hudson’s book, American Democracy in Peril, he writes about different “challenges” that play a vital role in shaping the future of the United States. One is the problem of the “imperial judiciary”. Hudson defines its as that the justice system in the United States has become so powerful that it is answering and deciding upon important policy questions, questions that probably should be answered by our democratic legislatures. Instead of having debates in which everyone’s voices are heard and are considered in final decision-making process, a democratic-like process; we have a single judge or a small group of judges making decisions that effect millions of citizens, an “undemocratic” process. Hudson personally believes the current state of judicialized politics is harming policy decisions in Americans. According to him, the judicial branch is the “least democratic branch”, and ...
The Supreme Court, which sees almost 150 petitions per week, called cert petitions, must carefully select the cases that they want to spend their time and effort on (Savage 981). If they didn’t select them carefully, the nine justices would quickly be overrun, so they have put in place a program to weed through the court cases to pick out the small number they will discuss. There are a few criteria that are used to judge whether or not a case will be tried. The first is whether or not the lower courts decided the case based on another one of the Supreme Court’s decisions for they will investigate these in order to withhold or draw back their conclusion that they made in their court case. Another is the case’s party alignment: sometimes the justices will pick cases that will align with their party beliefs, like trying to get a death row inmate off of his death sentence. They also make claims about the “life” of the case- the Supreme Court only hears “live” cases- they do not try to go back in time and re-mark a case that has long since been decided (Savage 981). Lastly, they like to take cases where the lower courts did not decide with one another -these cases can have t o do with interpretations of the law that have been left up to the lower courts and should be specifically defined by the Supreme Court (Savage 982).
This theory is that criminal behavior is learned during social interactions. For example, who you associate with. If you hang out with people that do crimes or delinquent behavior, you’ll eventually start doing them. I had some friends that I used to hang out with like that every weekend. They liked to throw rocks at cars, I eventually gave in one night, and did it as well. Later that night, after I dropped them off I got pulled over because the car I drove fit the description. The police found rocks, I didn’t know they were still in there, they were in the back seat where my friends sat. I got arrested, and taken to juvenile hall. The reason I even did this because, I saw how easy they got away with it. The stories they shared with me, telling me how they did it and how they never got caught. That is why I find this theory relatable. I associated with them, I started to notice how easy it was to do the things they do. I thought I could’ve gotten away with it. I shouldn’t have done those things, but I didn’t use my superego that night. I honestly ignored it, even though my head kept telling me, “you 're going to get caught!” Differential association can make you a criminal if you are around the activity you 'll eventually think how easy it is to do it. This one incident, that is costing me thousands changed my ways. Consequently, it cost me my dream to play college football. Yet this theory can make law abiding
The Judicial Branch is one of three branches of government that play a crucial role in the United States. Not only is it responsible for protecting and carrying out the textual and living form of the Constitution, but also insuring that we, as citizens, are not being violated by the laws that are established. Although checks and balances are present to ensure that the judicial branch, legislative branch, and executive branch don’t become to powerful over the other, each is still very susceptible to political forces; and this includes the judiciary branch.
a barn or title). His father later went to consult Agbala about his bad harvest, but finds out that he can only blame himself for this. He later develops a disease that makes his stomach swell which he later dies from. Okonkwo wanted a better life for himself and went to a wealthy man named Nwakibie. Nwakibie gives Okonkwo a generous amount of seeds because he is a hard worker. With those seeds he had to support his family instead of his future. The rest of the year ends up being terrible (heavy rain, trees uprooted, no sunlight, yams didn’t turn out).
Okonkwo is “a man of action, a man of war” (7) and a member of high status in the Igbo village. He holds the prominent position of village clansman due to the fact that he had “shown incredible prowess in two intertribal wars” (5). Okonkwo’s hard work had made him a “wealthy farmer” (5) and a recognized individual amongst the nine villages of Umuofia and beyond. Okonkwo’s tragic flaw isn’t that he was afraid of work, but rather his fear of weakness and failure which stems from his father’s, Unoka, unproductive life and disgraceful death. “Perhaps down in his heart Okonkwo was not a cruel man. But his whole life was dominated by fear, the fear of failure and weakness….It was not external but lay deep within himself. It was the fear of himself, lest he should be found to resemble his father.” Okonkwo’s father was a lazy, carefree man whom had a reputation of being “poor and his wife and children had just barely enough to eat... they swore never to lend him any more money because he never paid back.” (5) Unoka had never taught Okonkwo what was right and wrong, and as a result Okonkwo had to interpret how to be a “good man”. Okonkwo’s self-interpretation leads him to conclude that a “good man” was someone who was the exact opposite of his father and therefore anything that his father did was weak and unnecessary.
An extreme contrast of his father, Okonkwo strives to appear as masculine as possible. Even though his traits were already considered very masculine, Okonkwo persistently tries to ensure he is not seen as his definition of weak, more so in the presence of his family then others, in an attempt for his sons to act masculine as well. However, not all agree with his interpretation of manliness, such as his son Nwoye and his friend Obierika, as both did not agree with Okonkwo’s actions when he killed the boy Ikemefuna, who viewed Okonkwo as a father, to not appear weak in front of others. Nevertheless, Okonkwo’s true masculinity is still shown throughout the book, such as when he far...
Throughout literary history, particularly within Grecian writings and apparently still evident in today's international pieces, there exists continuity within the human fear of failure. Chinua Achebe's novel, Things Fall Apart, details a remote native African society, the Igbo people, and their struggle with Anglican colonization at the turn of the century. The main character Okonkwo is forced to deal with change and transition and bears similarities essential to the tragic hero. Okonkwo is physically, politically, spiritually, and economically strong; however, these strengths combined with his emotional insecurities force him into a tragic downfall, much like that of the classic Greek Heroes.
INTRODUCTION: Parliament, the supreme law-making body, has unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus, the real role of a judge in any legal system continues to be a phenomenon questioned by many.
Fast food is a cheap and quick way to receive something to eat. Fast food is normally accompanied by soda and this dynamic duo has caused a variety of different health issues throughout the world, but mainly in developed countries. Fast food items, such as burgers and fries are loaded with: calories, fat, sodium and sugar. This has caused the rate of obesity and other diseases to skyrocket and its counterpart, soda, has also contributed to these health related illnesses. The government should not be able to tell you what you can and cannot eat but, the government should somewhat be able to implement a policy or a special tax on fast food and soda to reduce the consumption of it. Another thing that the government could do is educate the public
There are over 160,000 fast food restaurant in America, according to statistic brain. Fast food is food that is prepared and served quickly, typically in a store or a restaurant with precook or preheated ingredients, then served to the customer in a carryout packaging. Everyone should think twice before consuming fast food, it’s unhealthy and bad for you. Even if it’s easy and cheap, the food isn’t prepared or taken care of properly, plus the health risk prevail over the five minutes of gratification. The global influences of the fast food industry are the causes of today’s health problems. Everywhere you go, it doesn’t matter what country you’re in there are fast food restaurants. “Fast food is now served at stadiums, airports, zoos, high schools, elementary schools, and universities, on cruise ships, trains, and airplanes, at K-marts, Walmart’s, gas stations, and even at hospital cafeterias.”(Schlosser) Fast food companies advertise their product with flashy commercials and catchy slogans to make the public aware of their product by stating that the product is healthy and nutritious, but they don’t display how animals are kept and the chemicals that are placed into making the food. These animals compromise of calorie filled, unhealthy, chemically conditioned substances. “Over the last three decades, fast food has infiltrated every nook and canny of American society. An industry that began with a handful of modest hot dog and hamburger stands in southern California has spread to every corner of the nation, selling a board range of foods wherever paying customers may be found.”(Schlosser) The fast food industry is one of the fastest growing ones in the United States, contributing to the rise in obesity as well as in other di...
Throughout the first century and present day, sacrifices have been an offering to appease the God’s. During the novel Things Fall Apart by Chinua Achebe, Okonkwo’s bloodshed of the messenger and himself brought forth his values of Determination, Hard Work, and Ferocity.