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Significance of separation of powers
The different opinions about civil disobedience
Arguments against civil disobedience
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Over 200 years ago, the founding fathers of America revolted against Britain due to unfair treatment. It was during this time, patriots took actions that included: pooring hot tar and feathers onto tax collectors, dumping massive amounts of British imported tea into Boston Harbor, and assaulting British soldiers in mobs like in the Boston Massacre. At this point many identify these actions as justified, but that does nothing to take away from the violent nature of these actions. Generations later Americans would continue to take action when wronged, yet they would do so without the extreme measures of our four fathers, but be looked upon instead as the offenders. So Civil Disobedience is questioned constitutionally, when in fact it positively …show more content…
One example is the Civil Rights Movement, a time when many African Americans were segregated. Rosa Parks refused to give her seat to a white man and was jailed. MLK Jr. led peaceful marches and was arrested. Many were physically assaulted in events like Bloody sunday, but if it weren't for their courage, the Civil Rights Act of 1964 would not have been passed. Another example is the Women's Rights Movement when women were not permited to vote. Susan B. Anothony led rallies and voted, which led to her arrest, yet if not for actions women like her the 19th Amendment would not exist. A more recent example is that Gay Marriage Rights. The controversy that is now over thanks to the numerous pride parades and supportive marches. In all these instances the actions of the protesters was peaceful and led to positive results which greatly impacted our …show more content…
For example, America's system of government involves three branches of government, the executive, legislative, and judicial, all of which have checks and balances using Separation of powers so no one branch has more power than another. We built this concept to avoid another monarchy or even a dictatorship yet this point goes unrecognized when decisions are made about protesters. Currently the issue on President Donald Trumps election has caused many riots and even caused contoversal opinions to arise, such as Madona's statement about wanting to burn down the white house. Though this maybe violent, there was no violent action, so this is a prime example of Civil Disobedience, yet some doubt this and believe the government should take action and make arrests, when that would only do the opposite of limited government as public speech cannot be policed unless it is an actual
There are times throughout the history of the United States when its citizens have felt the need to revolt against the government. There were such cases during the time of Dr. Martin Luther King Jr. and Henry David Thoreau, when there was unfair discrimination against the Afro-American community and Americans refusing to pay poll taxes to support the Mexican War. They used civil disobedience to eventually get legislation to stop the injustice brought against them and their nation. Civil disobedience is defined as refusal to obey civil laws or decrees, which usually takes the form of passive resistance. People practicing civil disobedience break a law because they consider the law unjust, and want to call attention to its injustice, hoping to bring about its withdrawal.
today, perhaps it could be justified. For one, President Donald John Trump’s Immigration Executive Order, which practically bans all foreign immigrants from residing nor entering the nation. America is what it is today because of its diversity. Yet, President Trump and a considerable number of people believe that the country should be of its natives instead of those who seek the privileges of its constitutions and hence potentially violates the Declaration of Independence, which says that all men have the right to seek asylum. Considering how the Declaration of Independence originated the U.S., it is ironic for the nation to limit it. Therefore, civil disobedience is required. As it is apprehended that the matter requires civil disobedience, the negotiation comes in; however, a president could be convinced, but not negotiated with his own nation, and thus this step is nullified. Moving on, the enactment of non-violent direct actions is legally safe from the nation’s military forces, but it could be met with a group of people, potentially possessive of deadly weapons, who support the Immigration Executive Order. As it could be life threatening to some extent, one should be ready to self-defend, but not retaliate to the extent where the other is harmed. Finally, launch coordinated systematic direct actions nationwide for the maximum effect. In doing so, President Trump would eventually have to nullify
When a citizen abides by the social contract, they initially agree to enter and be a participant of a civil society. The contract essentially binds people into a community that exists for mutual preservation. When a person wants to be a member of civil society, they sacrifice the physical freedom of being able to do whatever they please, but they gain the civil freedom of being able to think and act rationally and morally. Citizens have what is called prima facie obligation to obey the laws of a relatively just state. A prima facie duty is an obligation that we should try to satisfy but that can be overridden on occasion by another, stronger duty. When it comes to prima facie duty, this duty can be outweighed by a higher order obligation or
“No radical change on the plane of history is possible without crime,” This quote from Hermann Keyserling is just one of many statements that help describe the meaning and true raw power of Civil Disobedience. Civil disobedience as defined by Merriam Webster is the “refusal to obey governmental demands or commands especially as a nonviolent and usually collective means of forcing concessions from the government”. The most promising and understandable of the definitions of Civil Disobedience would be that given to us by Gandhi from India “Compassion in the form of respectful disagreement”. Even the Veterans Fast for Life from here in the United States must agree when saying, “when leaders act contrary to conscience, we must act contrary to leaders.” To understand why civil disobedience is so important in our lives you must first look into your heart and realize that the integrity of mankind has no need of rules.
Civil disobedience has its roots in one of this country’s most fundamental principles: popular sovereignty. The people hold the power, and those entrusted to govern by the people must wield
This is a reason why most people believe that civil disobedience is bad. Civil disobedience is not dangerous because once someone breaks a law and harms others then it is not civil disobedience. Civil disobedience will be peaceful and will not intentionally harm anyone. Thoreau explained in his essay that he “asked for, not at once no government, but at once a better government.” This shows that in civil disobedience is only used to change government laws for the benefit of the people. Thoreau also says “I think that we should be men first, and subjects afterwards.” He believes the law made them subjects and he wanted all men to truly be free, so with civil disobedience he did show he disagreed with the law. With civil disobedience people may show how unjust the laws are because people were being arrested for not
For acts of civil disobedience to be justified, those acts need to be acts of protest. Thoreau desired a change ...
In 1968, Martin Luther King Jr passed away from a sniper’s bullet. He gave us thirteen years of nonviolent protest during the civil rights movement of the 1950’s. Before I can give my opinion on the history of race relations in the United States since King’s assassination in 1968 strengthened or weakened his arguments on the necessity and value of civil disobedience? You should know the meaning of civil disobedience. The word civil has several definitions. “The one that is intended in this case is "relating to citizens and their interrelations with one another or with the state", and so civil disobedience means "disobedience to the state". Sometimes people assume that civil in this case means "observing accepted social forms; polite" which would make civil disobedience something like polite, orderly disobedience. Although this is an acceptable dictionary definition of the word civil, it is not what is intended here. This misinterpretation is one reason the essay (by Henry David Thoreau that was first published in 1849) is sometimes considered to be an argument for pacifism or for exclusively nonviolent resistance”.
It is important to notice that if civil disobedience was not effective, then it would not be continually used to disobey the law. In "The Role of Civil Disobedience in Democracy” by Kayla Starr, she explains why we have the right to participate in civil disobedience. “The U.S. Bill of Rights asserts that the authority of a government is derived from the consent of the governed, and whenever any form of government becomes destructive, it is the right and duty of the people to alter or abolish it” (Starr 1). There are many examples of how effective this act of defiance could be. During the Boston Tea Party, the citizens of Massachusetts practiced civil disobedience by throwing Britain’s tea into the Boston harbor because they did not want to pay taxes on tea. Now, you can see that the Boston Tea Party played a major role in the United States becoming independent from Britain (Starr 1). Although violating the law has consequences, in this case the reward outweighed the risk. I think that by realizing the power that civil disobedience carries, we can stand up against ...
In the Theory of Justice by John Rawls, he defines civil disobedience,” I shall begin by defining civil disobedience as a public, nonviolent, conscientious yet political act contrary to law usually done with the aim of bringing about a change in the law or policies of the government”.
Civil disobedience is the refusal to obey civil laws in an effort to induce change in governmental policy or legislation, characterized by the use of passive resistance or other nonviolent means. The use of nonviolence runs throughout history however the fusion of organized mass struggle and nonviolence is relatively new.
Civil Disobedience is a deliberate violation against the law in order to invoke change against a government policy. Civil disobedience can come in the form of running a red light or j-walking, or in more noticeable methods such as riots. Coined by American author and poet Henry David Thoreau, the term has developed to define the act of disobeying a law one sees as unfit or unjust. Usually the purpose of civil disobedience is to gain public attention to a perceived injustice and appeal to or gain support from the public in a non-violent way. The idea is to force the government to negotiate or else continue with the unwanted behavior; or in simpler terms, to “clog the machine” (“Civil Disobedience”). It is believed by many that the act of civil disobedience is justifiable in a democratic government like that of the United States. A Democracy is defined as a form of government controlled by elected representatives or by the people themselves. However, in order to have a stable government, it must be built on a stable society. Societal welfare is the general good for the public and how its members take action to provide opportunities and minimum standards. According to societal welfare, which is the sake of the emotional and physical well-being of the community, the laws must be abided and civil disobedience is morally unjust in our society. Once any member of the society questions the affairs of the state, the state may be given up for lost (“Jean Jacques Rousseau”).
A few years after this the civil rights movement with Martin Luther King, who used non-violent means such as sit-ins, boycotts, and speeches to obtain equal rights for African-Americans.
(An analysis of how Civil Disobedience by Henry David Thoreau has impacted people through time.)
For as long as there have been rulers, there has been disunity between rulers and ruled. Citizens have always found ways to show their disapproval of governmental decisions and demanded action. Civil Disobedience has existed since the ancient Greek . From Antigone's defiance of Creon over Ghandi's Salt march in India to the Occupy Movement. What does the aforementioned mean?