Thursday, October 10, 2019
American Politics
Liberty is a concept that is commonly used by the average American in his daily affairs. A lexical definition of liberty states that it refers to the freedom to believe or act without the restriction of an unnecessary force. As far as the individual is concerned, liberty is the capacity of a person to act according to his will. But do we really know the history of Americaââ¬â¢s liberty? Do we really understand the historical events that have shaped the liberty that we know of and enjoy in these contemporary times?In this paper, I will be examining the roots of American liberty from the founding era to the modern debates surrounding the concept of liberty. I will also be looking into the proponents of liberty and those who have shared a significant role in defining and upholding liberty as we know it today. The Founding Era Hundreds of years before today, America was an entirely different place. Long before the creation of the Constitution, different European countries have already established their own settlements across America. The Spaniards and the French were among the early colonizers until the time of the British.During the rule of the British Empire, severe shortage in human labor resulted to enslavement and indentured servitude of the natives. In the years that followed, conflicts broke-out between the Native Americans and the English settlers. It should be noted, however, that Virginia already had black indentured servants in 1619 after being settled by Englishmen in 1607 (ââ¬Å"Virginia Records Timeline: 1553-1743,â⬠http://memory. loc. gov/ammem/collections/jefferson_papers/mtjvatm3. html), thereby suggesting that the attainment of genuine liberty from the colonizers is yet to be realized.It is perhaps during the time when the English pilgrims came to Plymouth, Massachusetts in 1620 and established their colonies that the concept of liberty came about, not the least in the context of the pre-Constitution history of America. As Mark Sargent w rites in his article ââ¬Å"The Conservative Covenant: The Rise of the Mayflower Compact in American Myth,â⬠some of the passengers in the Mayflower ship ââ¬Å"who were not travelling to the New World for religious reasons would insist upon complete freedom when they stepped ashoreâ⬠since the New World is already ââ¬Å"outside the territory covered in their patent from the [British] crownâ⬠(Sargent, p.236). After the Seven Years War between the British forces and the alliance of French and American Indian forces in 1763, the British Empire enforced a series of taxes on the Americans so as to cover a portion of the cost for defending the colony. Since the Americans considered themselves as subjects of the King, they understood that they had the same rights to that of the Kingââ¬â¢s subjects living in Great Britain.However, the Sugar Act, Currency Actââ¬âboth passed in 1764ââ¬âthe Stamp Act of 1765, the Townshend Act of 1767, to name a few, compelled the Americans to take drastic measures to send the message to the British Empire that they were being treated as though they were less than the Kingââ¬â¢s subjects in Great Britain (Jensen, p. 186). Moreover, the taxes were enforced despite the lack of representation of the American colonists in the Westminster Parliament.One of the famous protests taken by the Americans is the Boston Tea Party in 1773 where numerous crates containing tea that belonged to the British East India Company were destroyed aboard ships in Boston Harbor. As a result, the British government passed a series of acts popularly known as the Intolerable Acts in 1774, further fanning the growing oppression felt by the American colonists. Eventually, the American Revolution ensued beginning in as early as 1775 when British forces confiscated arms and arrested revolutionaries in Concord, thereby sparking the first hostilities after the Intolerable Acts were passed (Jensen, p.434). From 1775 to 1783, the colonies tha t formed their own independent states fought as one as the Thirteen Colonies of North America. Lasting for roughly eight years, the American Revolutionary War ended in the ratification of the Treaty of Paris which formally recognized the Independence of America from the British Empire. Between these years, the colonies underwent several changes which constitute part of the developments toward the framing of the Constitution (Bobrick, p. 88).One of these changes is the shift towards the acceptance of notable republican ideals, such as liberty and inalienable rights as core values, among several members of the colonies. Moreover, the republican ideals of the time saw corruption as the greatest of all threats to liberty. In essence, the concept of liberty during the founding era revolves around the liberation of the American colonies from the British Empire and the growing oppression it gave to the colonists through taxation burdens and a series of repressive acts.For the American colo nists, liberty meant the severing of its ties from the British government and the creation of its own independent nation recognized by other countries. The writing and ratification of the Constitution On the fourth of July in 1776, the second Continental Congress signed and officially adopted the United States Declaration of Independence which established the separation of the thirteen American coloniesââ¬âthe colonies which were at war with Great Britain from 1775ââ¬âfrom the British Empire.Although others say that the founding moment of America is not on July 4 but two days earlier (Groom, http://independent. co. uk/arts-entertainment/books/review/the-fourth-of-july-and-the-founding-of-america-by-peter-de-bolla-455878. html), it remains a fact that there came a point in time when America finally declared its independence. The evolution of American political theoryââ¬âespecially that which is concerned with libertyââ¬âcan be better understood during the confrontatio n over the writing and the ratification of the Constitution.In fact, the Declaration asserts that people have unalienable rights which include life, liberty and the pursuit of happiness. The Articles of Confederation served as the constitution which governed the thirteen states as part of its alliance called the ââ¬Å"United States of Americaâ⬠. After being ratified in 1781, the ââ¬Å"United States of Americaâ⬠was brought as a political union under a confederate government in order to defend better the liberties of the people and of each state. Meaning, each state retained its independence and sovereignty despite being politically held together as part of the union.However, the Articles were not without opposition and criticisms from several notable political thinkers of the time. For example, James Madison saw several main flaws in the Articles of Confederation that were alarming, or threatened the very existence and purpose of the Articles first and foremost. For one, Madison was concerned about the dangers posed by the divided republics or ââ¬Å"factionsâ⬠given that their interest may stand in conflict to the interests of others. Madison argues in The Federalist, specifically in ââ¬Å"Federalist No.10,â⬠that in order to guard the citizens from the dangers posed by these individuals who have contradicting interests, a large republic should be created, a republic that will safeguard the citizens from the possible harms brought by other states. It is likewise important to note that the union is not a homogenous group of citizens with the same political inclinations. Madison also argues that for the government to become effective it needs to be a hybrid of a national and a federal constitution.The government should be balanced in the sense that it should be federal in some aspects and republican in others instead of giving more weight to each separate state over the larger republic. In his ââ¬Å"Federalist No. 39,â⬠Madison prop oses and describes a republic government guided by three fundamental principles: the derivation of the governmentââ¬â¢s legitimate power through the consent of the people, representatives elected as administrators in the government, and a limitation on the length of the terms of service rendered by the representatives (Kobylka and Carter, p.191). Madison also pointed out in ââ¬Å"Federalist No. 51â⬠that there should be checks and balances in the government, specifically among the judicial, legislative and the executive branches. The judiciary, therefore, is at par with the other two inasmuch as each of the other two are at par with one another. Giving one of the three more powers disables the other two to check if that branch is still functioning within its perimeters.As a result, the more powerful branch becomes a partisan branch which consequently creates dangers to the liberties of the people. Another important part of the evolution of American political theory is the c ontention raised by Patrick Henry. In a letter sent to Robert Pleasants in January 18, 1773, Patrick Henry sees the relationship between the new government and the institution of slavery as a contradiction precisely because while the new government is said to be founded on liberty, there the evil that is slavery persisted under the new government.During those times, slavery was not yet abolished and that the new government was unable to meet the challenge of living up to its roles and foundations by failing to address the institution of slavery and demolishing it altogether. Moreover, Henry understood the efforts of secession from the hands of England were a matter of freedom or slavery, which can also be looked upon as a question of either a freedom from or a continuation of tax slavery from the British.While Madison was part of the ââ¬Å"Federalistsâ⬠who were supporting the ratification of the Constitution, the ââ¬Å"Anti-Federalistsâ⬠apparently argued against its ra tification. It was Patrick Henry who led the group in criticizing the contents of the proposed Constitution. For instance, Henry argued that the phrase ââ¬Å"We the Peopleâ⬠in the Preamble of the Constitution was misleading primarily because it was not necessarily the people who agreed and created the proposed Constitution but the representatives of each participating state.Thus, Henry argues that the Preamble should instead read as ââ¬Å"We the Statesâ⬠which in turn delegated power to the union. Another argument of the Anti-Federalists is the claim that the central government and, therefore, the central power might result to a revival of the monarchic type of rule reminiscent of the British Empire which the Patriots fought. The fear is that, by delegating a considerable amount of power to the central government, the liberties of the individual states and the people are weakened as a result.Nevertheless, the Constitution was adopted on September 17, 1787 and later rati fied in each of the state conventions held. The anti-federalists share a significant role in strengthening some of the points of the Constitution through the succeeding amendments. The first ten amendments to the Constitution are popularly known as the Bill of Rights; it is largely influenced by the arguments of the anti-federalists. For the most part, the Bill of Rights aimed to guarantee that Congress shall not create laws which stand against the rights and liberties of the citizens of the nation.In effect, the Bill of Rights limits the power of the federal government in order to secure the liberties of the people in the United States. In ââ¬Å"Federalist No. 84,â⬠Alexander Hamilton argues against the Bill of Rights for the reason that the American citizens will not have to necessarily surrender their rights as a result of the ratification of the Constitution and, thus, the protection of the rights through the Bill is unnecessary. Moreover, Hamilton also argues that creatin g a Bill of Rights would effectively limit the rights of the people since those that are not listed in the Bill will not be considered as rights.In response to the argument, the Ninth Amendment to the Constitution was introduced and ratified later on. The amendment specifically states that the rights of the people are not to be limited to those which are listed in the Constitution. As it can be observed, the time before and during the ratification of the Constitution and the succeeding amendments made reflect how the people at the time sought to protect the liberties that they have realized and gained after the American Revolution and the defeat of the British Empire.Moreover, the debates at that time revolved around the issue of what to do with the liberties gained and how to secure them for the coming generations. One sideââ¬âthe Anti-Federalistsââ¬âargues that the central government weakens the independence and sovereignty of the states as well as the rights and liberties of the people. The other sideââ¬âthe Federalistsââ¬âargues that the Constitution will help preserve and strengthen the Union. Modern debates In the years that followed, debates over the interpretation of the Constitution, the role of the government and the place of the individual in American society have escalated.In his essay ââ¬Å"Resistance to Civil Governmentâ⬠(popularly known as ââ¬Å"Civil Disobedienceâ⬠) first published in 1849, Henry David Thoreau asserts that the people should not simply remain passive and allow the government to be an agent of injustice. Much of Thoreauââ¬â¢s political beliefs eventually follow that same philosophy. In his work Walden published in 1854, Thoreau attempts to live a life of solitude in a cabin, away from the reaches of the society. In one of his days in Walden, Thoreau was arrested for the charge of not paying his taxes. His defense was that he refuses to pay federal taxes to a government that tolerates slavery.In ess ence, the fact that Thoreau decided to stay in solitude for approximately two years (although the contents of Walden was made to appear as though all the events happened within just a year) signifies his decision not to conform to the dictates of the society. On the contrary, Thoreau lived a life of liberty, free to do anything that he chooses without the institutions of society restraining him. The same sentimentââ¬ânon-conformity or disobedience to the dictates of the society, especially the governmentââ¬âechoes through in Thoreauââ¬â¢s other work, which is ââ¬Å"Civil Disobedienceâ⬠.Thoreau asserts that ââ¬Å"the only obligation which I have a right to assume is to do at any time what I think [is] rightâ⬠(Thoreau, http://sniggle. net/Experiment/index. php? entry=rtcg#p04). That passage, along with the rest of ââ¬Å"Civil Disobedienceâ⬠and its theme in general, implies that people have an inherent liberty, which is the liberty to do any time what the y think is right. Taken altogether in the context of the concept of liberty, Thoreau seems to suggest that people ought to disobey a government that oppresses other people since each individual has inalienable rights that nobody can take away, not even the government.In the face of oppression such as slavery (which was still very much a part of America within twenty years after the ratification of the original Constitution since the issue of slavery was a very delicate and contentious matter during the Philadelphia Convention), Thoreau even suggested that Abolitionists should not only confine themselves with the mere thought of abolishing slavery but resisting the instructions of the government such as paying taxes.Thus, as a reading of Thoreauââ¬â¢s works would suggest, to have liberty is to act upon crucial issues instead of passively allowing contentious actions of the government to thrive and continue. I cannot help but think that Thoreauââ¬â¢s concept of liberty is someth ing that is absolute, which I also take to mean as confined only within oneââ¬â¢s disposition instead of being limited by the government. Moreover, since Thoreau suggests that liberty is doing any time what one thinks is right an individual should first know if what he or she thinks is indeed right instead of being wrong.Charles Madison notes that Thoreau was heavily concerned with the ââ¬Å"ever pressing problem of how one might earn a living and remain freeâ⬠(Madison, p. 110). I cannot help but begin to think that Thoreau attempts at embodying and enacting his individualistic beliefs. As Leigh Kathryn Jenco argues, ââ¬Å"The theory and practice of democracy fundamentally conflict with Thoreauââ¬â¢s conviction in moral autonomy and conscientious actionâ⬠(Jenco, p.355); democracy is essentially the rule of the majority which consequently ignores the decisions of the minority. However, I think that much of Thoreauââ¬â¢s thoughts were heavily influenced by the c ircumstances during his time. His aversion towards the imposed taxation policy of the government stems from the fact that the government at that time still tolerates slavery which is directly against an individualââ¬â¢s liberty.Thoreauââ¬â¢s insight on the perceived conflict between the liberties being upheld by the Constitution and the actual state of the government during his time points us to the ideal that the people are sovereign because the people is the ultimate source of power of the government. If it is indeed the case that the Constitution upholds the rights of individuals including the right to liberty, it seems appropriate to consider as well why slavery at that time was not immediately abolished entirely especially at the time when the Constitution was ratified.In fact, it was only in 1865 under the Thirteenth Amendmentââ¬âabout 80 years after the original Constitution was adoptedââ¬âwhen slavery was legally abolished and when Congress was given the power to finally enforce abolition. During the time when slavery was not yet abolished and immediately after the original Constitution was ratified, it can be said that not all citizens living in America were given full liberties. Several people were still laboring as slaves to their American masters.That is perhaps an often neglected piece of history that undermines the spirit of creating a Constitution and a government that will uphold the rights of the people. The pre-American Revolutionary war, the founding era, the ratification of the original Constitution, the creation of the Bill of Rights and the other succeeding amendments to the Constitutionââ¬âall these stand as testimonies to the evolution of American political thought. The concept of liberty has played an important role in the development of the federal government and the Constitution.Although the history of American political thought might reveal that the attainment of liberty through the years has never been a smooth jo urney, contemporary America has reaped a large amount of benefits from the sacrifices and ideas of the Founding Fathers and all the people who lived and died during those times. Some might even argue that liberty is yet to be truly attained in todayââ¬â¢s American society. But if liberty is yet to be attained in practice, how is it possible that people are given the right to air their grievances before the government?How is it possible that people have the liberty to do as they please so long as what they do does not conflict with what is legal? In any case, the present American Constitution guarantees the liberty of the people and that there are institutions which seek to promote and guard that important right. Had it been the case that the early Americans swallowed everything that the British Empire throw in their way and that the Founding Fathers abandoned the creation and amendment of the Constitution, the United States of America would not have been the land of the free and the home of the brave.Works Cited Bobrick, Benson. Fight for Freedom: The American Revolutionary War. 1st ed. New York, NY: Atheneum, 2004. Groom, Nick. ââ¬Å"The Fourth of July and the Founding of America, by Peter De Bollaâ⬠. 2007. Independent. Co. Uk. October 16 2008. . Hamilton, Alexander, James Madison, and John Jay. The Federalist, on the New Constitution. 1787. October 18, 2008 . Jenco, Leigh Kathryn. ââ¬Å"Thoreauââ¬â¢s Critique of Democracy. â⬠The Review of Politics 65. 3 (2003): 355-81. Jensen, Merrill. The Founding of a Nation: A History of the American Revolution 1763-1776. Indianapolis, IN: Hackett Publishing Company, 2004. Kobylka, Joseph F. , and Bradley Kent Carter. ââ¬Å"Madison, The Federalist, & the Constitutional Order: Human Nature & Institutional Structure. â⬠Polity 20.2 (1987): 190-208. Madison, Charles. ââ¬Å"Henry David Thoreau: Transcendental Individualist. â⬠Ethics 54. 2 (1944): 110-23. Sargent, Mark L. ââ¬Å"The Conservative Covenant: The Rise of the Mayflower Compact in American Myth. â⬠The New England Quarterly 61. 2 (1988): 233-51. Thoreau, Henry David. ââ¬Å"Resistance to Civil Governmentâ⬠. 1849. October 18 2008. . ââ¬Å"Virginia Records Timeline: 1553-1743â⬠. The Library of Congress. October 17 2008. . American politics One of the best characteristics of the US political system today is this particular feature: the presence of a socio-cultural and socio-political atmosphere that encourages and promotes the right of the individual to vote and the right to suffrage. This is considered as a positive aspect of the US political system. Not all of the countries and their respective political system make room for this rather delicate matter, to which the balance of power hangs and to which the fate of the country and its socio economic and socio political stability rests.The US political system should not change this particular aspect and on the contrary, manage to find ways on how to make this particularly enviable characteristic of the US political system develop more into something that lessens and lessens the chances and situations that limits or prohibits its citizens to vote and is not threatened by the possibilities of being corrupted by the politicians themselves.An important part of the praise-wor thy characteristic of the US political system to support the right for suffrage and encourage a population that is willing to go to voting precincts and vote and choose their own leader as part of the exercise of the democratic country they all live in is the fact that the right to vote is centered and is promoted not only among true blooded American citizens, but also to immigrants who are granted citizenship.This is important because this goes to show that the US' political system did not renege on its promise embedded on the towering facade of the Liberty Statue about bringing in and welcoming people from different cultures with open arms and giving them an equal treatment especially in the aspect which in other countries maybe a very delicate matter altogether ââ¬â the right to vote.In the US, protection and promotion of the right to vote has been widely supported that politicians themselves are becoming ââ¬Å"increasingly aware of the voting-bloc power of the immigrants (B ray 19)â⬠that they ââ¬Å"are offering meaningful choices and reforms to immigrant voters (Bray 19)â⬠as well. One of the positive characteristics of the US political system is the consistent inclusion of the consideration for and fighting for the exercise and preservation of the human rights.Yes, it is true that the United States, as a country, has been the place where great battles on human rights were fought. The Klu Kux Klan reminds the world about the extent of racism in the United States. Isnââ¬â¢t it the same country that was divided and shed the blood of their countrymen because they do not see eye to eye with regards to the issue of liberating former African American slaves that the white people own? These are all important points that prove the problem of human rights in the US, especially during its earlier, younger years.But more important than these historical notes is the fact that it was through these experiences that heroes, like Abraham Lincoln and oth er fighters for human rights, were given the time to shine their brightest and influence not just the country, but the world about important socio-cultural values and the significance of human rights. Despite the times of troubles, the political system of the country has shown through the years that it is capable of learning and integrating inside the system the wisdom and knowledge lifted from previous experiences so that the system could be better in the end.Today, the protection of human rights in the United States is all the more highlighted and magnified, especially when news in Africa and from other countries tell the tales of individuals who died not being able to enjoy the most basic human rights, and leaving behind friends and family members who are still under the threat of having their human rights taken from them and violated in front of them.Their own political system is not powerful enough to protect them from this kind of atrocity that is still very much alive in many parts of the world even today. It is indeed very reassuring to know that the US political system features important aspects that can guarantee the exercise and protection of human rights, not just the rights of American citizens in the US but also the human rights of other people if the US political system can extend help for this cause as they did in the past like what they did in 1973 (Liang-Fenton 151).One of the problematic aspects of the US political system is the power of political appointments. It is considered as one of the ââ¬Å"anxietiesâ⬠haunting civil service as far back as the formative years of the National Commission on the Public Service (Bowles 239). This is something that is considered as problematic and is a characteristic that leans more on the negative side than on the positive side.This is because of the fact that political appointments are largely based on the whim of politicians who often use political appointments, either as leverage so that the poli tician can manipulate the exercise and flow of power and influence, or as a way/means for the politician to return the favor he or she owes to private individuals who, in one way or another extended help or assistance to the politician and in the process someone to whom the politician is owed to. In both cases, it is reflected how the power for political appointment is becoming more and more vulnerable to being utilized as a tool for used for the wrong reasons.An important change correcting this problematic situation is the limitation of political appointments to just a handful of aides that the politician will have to work with everyday. While it is true that the truly capable leader is capable of willing with different types of people and can function as a team player even if surrounded by team mates who the politician did not choose, there are significant benefits that comes out of letting the elected leader pick at least his core team. It follows that if the electorate trusts th e leader that they voted, they will trust the people whom the elected official trusts in return.In this line of thought, it now comes that political appointments should be limited to the immediate staff of the politician and no greater than that. Besides, the elected official was not elected to personally handpick every other civil servant. The current power for political appointments should be diminished and have the civil service system handle the filling of government positions so that the truly deserving individuals are placed in government positions without the bias from politicians who may exercise their powers incorrectly.It is quite unclear or uncertain yet in which particular part of the history the United States and its political system has actually began to become a hegemon, although John Agnew seemed to give the readers an idea akin to the amalgamation of several different factors leading to this reality of what is now known as the US hegemony on political, as well as ec onomic and even cultural spheres (Agnew 53).What is now clear today is that the United States has taken the role of the global hegemon, the US politics and the US system dictating and influencing heavily the course of action that many aspects of the present day globalized world has taken collectively. While it has its perks and positive features that the country and its people can and have enjoyed, this aspect of the US political system is something that causes problems and is more of a disadvantage than advantage.It is more of a negative characteristic than it is a positive characteristic because of what the hegemon role brings inside the country and towards it people ââ¬â particularly, death by many US citizens which is often not morally or ethically justified. Take for example, the wars and armed conflict that the US has committed itself in fighting because of its self righteous role that comes out of being a hegemon.It wants to show the world that the country will be the lea der in fighting ideas like terrorism and how it physically manifests by bringing US soldiers to far off countries like Afghanistan and Iraq. These countries are turning out to be modern day version of Vietnam because of the continuous increase in casualties among US citizens who are fighting people from other culture and nation and carrying with them either very vague or very generalized ideas of the reason of war per se.The country should instead be content in the exercise of the limitation on trying to be the leader at everything with, at times, unreasonable sense of self-righteousness that it is doing more harm than good to the people of the country for which the US political system should serve in the first place, like making the US and its citizens prime targets of hate campaigns instigated by non Americans who detest the state of US hegemony.Works Cited Agnew, John A. Hegemony: The New Shape of Global Power. University of Chicago Press, 2005. Bowles, Nigel. The Government and Politics of the United States. Palgrave Macmillan, 1993. Bray, Ilona. Becoming a US Citizen: A Guide to Law, Exam and Interview. NOLO, 2008. Liang-Fenton, Debra. Implementing US Human Rights Policy: Agendas, Policies, and Practices. United States Institute of Peace Press (USIP), 2004. American Politics The United States Congress is composed of the Senate, the House of Representatives, and Committees. The Senate consists of 100 members, two from each state, regardless of population or area, elected by the people in accordance with the 17th Amendment to the Constitution (Johnson). The members include the Senate President, President pro tempore, Majority/Minority leaders, and whips. The House of Representatives consist of 435 members, which include the Speaker, Majority Leader, Minority Leader, and whips, elected every two years from among the 50 states, distributed to their total populations (Johnson).There are different kinds of Committees in the United States Congress: Standing Committees, ad hoc committees, conference committees, and House Rules committees. According to Johnson, the Article 1, Section 1 of the United States Constitution states that only the Congress has the power to make laws and to write all the laws that are required to make the Constitution into implementation. The Congress has also the constitutional power to regulate foreign and interstate commerce. It has the sole authority to raise, finance and regulate forces of the military units and to declare war.Moreover, Congress can alter the number of justices on the Supreme Court and can ascertain which cases the federal courts can hear by establishing limitations on their jurisdictions. It is Congress that played a role in the establishment of the departments, agencies, and bureaus that cover the majority of the executive branch. Most sources of legislation and proposed drafts of bills are conceived by a Member but may also come from various interest groups and private citizens and the President.These sources may come from the election campaign during which the Member had promised, if elected, to introduce legislation on a particular subject (Johnson). In addition, the executive communication has turned into a source of legislative proposals, usually in the form of a message or letter from a member of the Presidentââ¬â¢s Cabinet, the head of an independent agency, or the President himself (Johnson). These legislative proposals are then forwarded to Congress with a request for their enactment (Johnson). In the Senate, a Senator usually introduces a bill or resolution (Johnson).If there is no objection, it is read by title and referred to the appropriate committee and is placed on the Calendar (Johnson). In the House of Representatives, the bill is assigned its legislative number and then referred to the appropriate committee. A committee will then ask the input of the relevant departments and agencies about a bill (Johnson). The committee may schedule a date for public hearings if the bill is of sufficient importance (Johnson). The subcommittee will consider the bill in a session, referred to as the markup session, after hearings are completed.Bills are read for amendment in committee by section and members may offer amendments (Johnson). Bills will be given consider ation by the entire Members of the House with adequate opportunity for debate and the proposing of amendments (Johnson). After passage or rejection of the bill by the House, the bill goes to the Senate for consideration. Votes on final passage may be taken by the electronic voting system. Every bill which shall have passed the House of Representatives and the Senate shall be presented to the United States President before it becomes a Law (Johnson).If the President approves the bill, he/she signs it and usually writes the word approved and the date (Johnson). If the President does not approve the bill, he/she shall return it, with his/her objections to the House and proceed to reconsider it (Johnson). When a law has been enacted, it shall be made known to the people who are to be bound by it (Johnson). Reference Johnson, C. W. How Our Laws Are Made. Retrieved May 22, 2009, from http://www. senate. gov/reference/resources/pdf/howourlawsaremade. pdf.
Literature Review on Employment/Labour Turnover Essay
Literature Review An employee is a particular individual that was hired by an employer to perform a certain task or a job. Itââ¬â¢s the duty and the responsibility of the employee to perform the tasks that are being directed towards him/her by the employer and the employer must ensure that in return the employee is properly appraised for performing the task well. Employee appraisal is a vital part of the relationship between the employee and the employer. Employee appraisal is a source of motivation provided by the employer towards the employee to show whatever that he/she is doing or have already done is being appreciated by the company and that they wants the employee to keep up his/hers good performance. A well satisfied employee is always looking forward to perform much better day in day out and is willing work for the employer as long as he/she can. A demotivated employeeââ¬â¢s enthusiasm is much lesser than a motivated employeeââ¬â¢s enthusiasm. Enthusiastic behavior at workplace not le ads up to great individual performance; it also enlightens the other individual that surrounds the particular enthusiastic employee. A less friendly workplace can be bad for such individualââ¬â¢s, maybe even the managementââ¬â¢s harsh work ethicââ¬â¢s or the work load that is being diverted towards the employeeââ¬â¢s from the top management can ruin the enthusiastic atmosphere of a work place. These sorts of phenomenaââ¬â¢s can lead up to employee turnover. There are two known types of employee turnover scenarios that can occur within an organization. Involuntary turnover is the turnover that occurs for employee termination, absenteeism or due to violations of the workplace policies. Voluntary turn occurs when and employee leaves a particular organization on his/hers own accord. In such incidents the employee can have number of reasons for leaving the particular organization. Employee turnover is derived to be bad for the performance of an organization. Researches have been conducted throughout the years to sort out the effects of employee turnover by many researchers worldwide. Such as, A Meta-Analysis of Antecedents and Correlates of Employee Turnover by Rodger .W Griffeth, Peter W. Hom and Stefan Gaertner (Year of 2000) The researchers started off with searching all published articles related to predictor turnover-relationships in the year of 1990ââ¬â¢s with the use of computerized sources. They also researched organizational sciences with the use of various books written under the particular subject. And decided to add theà public correlations that were found out as solutions if they were to meet the criteria that is given below, 01. Actual turnover (except for the job leavers) was assessed 02. The study used a predictive design that collects predictor measures before Turnover occurrence. 03. Turnover was measured at the individual level of analysis Through their research they were able to find out that the reasons behind the employee turnover was mostly, job satisfaction, organizational commitment, job search, comparison of alternatives, withdrawal cognitions, and quit intentions. ââ¬Å"Employee Turnover-a Study of its Causes and Effects to Different Industries in Bangladesh ââ¬â Rezaul Hasan Shumonâ⬠In this particular research the researcher have considered analyzing some major factors that he thinks that plays a major role in causing employee turnover. The economy, characteristics of the job, demographics, the person, a bad match between the employeeââ¬â¢s skills, lack of opportunity for advancement or growth, feelings of not being appreciated, inadequate or lackluster supervision and training and unequal or substandard wage structures. Through this research the researcher was able to find many causes for employee turnover, they are, irregular payment, less salary, improper management, job location, better job option and insufficient medical allowance is the causes that were found out to be the major reasons for employee turnover. And the researcher suggested some solutions that were voted the most by the employees as solutions that they prefer the most. Such as, Standard salary structure, standard increment and medical facilities were amongst the top three voted solutions b y the employees. Harris at al. (2002) According to Harrisââ¬â¢s research, he came up with a theory stating that higher employee turnover rate of a firm, lower the rate of the firmââ¬â¢s ability to provide incentives to its employees, and ultimately it affects the firm by reducing its productivity. He also found out that the theory of job matchingà postulates that turnover is a solution for both the employees and the employers can adapt to in order to avoid being restricted in sub-optimal matches. He also states that the issue of trying maintain the workforce stability and flexibility on an even scale is way too much of pressure to handle that it will easily point out the rise of an optimal turnover rate.
Wednesday, October 9, 2019
Critically discuss the selection, role and responsibilities of the Essay
Critically discuss the selection, role and responsibilities of the expert witness in the criminal justice system - Essay Example Nonetheless, not every piece of evidence in a case is presented to the adjudicators; just the evidence that is important and acceptable serves a function in the conclusion of a case. Hence, an expert is defined in the legal system as ââ¬Ëa person who, by reason of education or special training, possesses knowledge of a particular subject area in greater depth than does the public at largeââ¬â¢2. With the rising difficulty of cases, specifically those that involve technical or scientific issues, the expert witness has become crucial to litigationââ¬â¢s success. The Rule 702 states that experts have a substantial influence over usual witnesses due to the fact that they are ââ¬Å"the only witnesses who are permitted to reflect, opine, and pontificate. Experts can provide a bridge between the particular facts of a case and patterns of fact that can be observed and understood only through much wider studyâ⬠.3 In general, experts are perceived as favourable contributors in c ourt trials. Nonetheless, experts can be at the same time described as ââ¬Ëhired gunsââ¬â¢ and ââ¬Ëliarsââ¬â¢.4 Regardless, one thing is for sure: the exploitation of experts is persistent. Indeed, experts have been equated to litigations. As stated by Robert R. Detlefsen, ââ¬Å"The expert witness has become a fixture in high-stakes civil trialsâ⬠.5 This is factual for a broad array of explanations, not the least of which is the growing difficulty of issues that comprise contemporary tort litigation and the continuously evolving procedures in the management of business processes: ââ¬Å"the use of experts in courtroom trials is so prevalent today that the question confronting litigators is usually not whether to hire an expert witness, but rather how many to employ and where to find them.â⬠6 Hence, this essay will discuss the selection, role, and responsibilities of the expert witness in the criminal justice system in the UK. Role of Expert Witnesses in the En glish Legal System Just as the essence or value of the testimony of an expert witness differs, so does the expert witnessââ¬â¢s role in the legal system. In several instances, the expert witness is employed to discern issues or loopholes in the statement of fact witnesses. Expert statement, in other instances, is required to satisfy the ââ¬Ëburden of proofââ¬â¢7 so as to create a defence or claim. Expert witnesses, occasionally, are used mainly to compete with the experts of the opposing side and to further strengthen the defence or claim of the proponent. Even though experts are generally determined by their role as witnesses at litigations or in deposition, they can help lawyers in the establishment of the case prior to trial as well. Lawyers may use experts to assess the work and official documents of other experts.8 Moreover, experts may help lawyers make sense of the technical features of a case by analysing documents and information generated by the parties and by stu dying and analysing subject matters in a case.9 Furthermore, experts can assist in the preparation of requests for information and documents which may turn into acceptable proofs, or they can formulate questions for cross-examination and direct questioning of witnesses.10 Expert recommendation may be crucial in strengthening the case prior to the trial by formulating compelling causation theories11 which should be presented to and reviewed by the jury. Another major role of expert witnesses may be to carry out trials linked to a component implication in the litigation and to
Tuesday, October 8, 2019
Service Organisation Case Study Example | Topics and Well Written Essays - 2500 words
Service Organisation - Case Study Example Accessibility is a key issue and an importance operations management issue for hotels and this essay will use Holiday Inn Nottingham as a case study to analyse the operational functions of a service organisation. The operational functions of an organisation are those that enable it to undertake its role (Flaherty 1996, Slack et al 1998). In the case of a service organisation, the operational functions would be those that implement the organisation's core service. In the case of Holiday Inn Nottingham, its operational functions will involve those functions that enable customers to book their services, and the people involved in making sure this is carried out appropriately. The operational functions of an organisation are also determined by the three roles as implementers of business strategy, supporters to the business strategy and as the drivers of business strategy (Flaherty 1996, Slack et al 1998). This has several meanings for Holiday Inn Nottingham, because as an implementer of business strategy it will have to ensure that it puts the general Holiday Inn strategy into place. This would include attracting customers to the hotel by managing and promoting the Holiday Inn brand in Nottingha m, through marketing and advertising the organisation. As a support of business strategy, Holiday Inn Nottingham has to develop resources to provide the capabilities which are needed to allow the hotel to achieve its strategic goals (Flaherty 1996, Slack et al 1998). Holiday Inn Nottingham has completed a major refurbishment of its hotel, and part of these refurbishments include modernising accommodation and business facilities, so that the hotel can fulfil its role in implementing the Holiday Inn business strategy. In terms of driving the business strategy, Holiday Inn Nottingham has to ensure that it retains its competitive edge (Flaherty 1996, Slack et al 1998) over other hotels in the city and the recent refurbishment demonstrates how Holiday Inn Nottingham is committed to driving business strategy. The modernisation of the rooms ensures that its customers and potential customers are accommodated in rooms that meet global standards in terms of quality and comfort. For its busine ss customers, Holiday Inn Nottingham also offers free on-site car parking, which immediately puts it at a competitive advantage as a business venue as it represents the best value for its cost. The operational functions of Holiday Inn are also better demonstrated by looking its performance objectives which include the quality advantage, the speed advantage, the dependability advantage, the flexibility advantage and the cost advantage (Harris 1989). In order to understand these advantages and the operational functions of Holiday Inn Nottingham better, a detailed examination will now follow of the organisation. Service Package The service package is the bundle of goods and services that is provided by Holiday Inn Nottingham (Lecture Notes). The most visible part of the service package is the hotel's supporting facility which consists of its guest rooms, facilities for guests and business facilities. The hotel offers three different types of guest rooms to cater for the different guest types; from single and double rooms to executive rooms and suites. Guests will also have access to a health fitness centre and internet connections in their rooms. Business customers also have a variety of room
Monday, October 7, 2019
The Marxism of Valentin Essay Example | Topics and Well Written Essays - 750 words
The Marxism of Valentin - Essay Example For as the play progresses, his inner struggles come to the fore as Molina's character gradually transforms him, influencing Valentin through his romanticism, to be honest with himself. And as he succumbs to Molina's romantic ideals, his typicality is defined as he confesses about Marta "She's upper-class. Pure bourgeoisie. She's got everything. Money, looks, education, freedom... I'm such a hypocrite. Just like all those class-conscious pigs. I must admit, it was convenient. A safe place to stay, when I was forced to hide... Until one day I had to tell her about my other life" (Puig, 63). Perhaps this particular side of Valentin can be regarded as his weakness as their movement demands absolute loyalty. On the contrary, it only proves Valentin's humanity and his capacity for reflection. In my opinion, Molina and Valentin personified Manuel Puig's strongest characters. In Molina, I saw Puig's homosexuality and escapism through films, whereas in Valentin, I saw his Marxist conviction. This is evident in the narration of the film by Molina: But did Puig, as a Marxist, want people to admire Valentin or condemn him Puig has made up Valentin as a fellow Marxist with a substantial amount of political ideals expected of the character, however, I got the impression that Puig wanted people to condemn Valentin. One reason One reason is due to Valentin's belated confession of a mindframe which can prove to be dangerous to the movement, a betrayal to their cause in favor of personal salvation, which was clear when he confided that " I don't deserve to die in this cell. I only confessed some code names they already knew. I can't stand being a martyr. It infuriates me. I don't want to be a martyr - my whole life a mistake" (Puig, 67). Another reason for the condemnation of Valentin is in empathy to the destruction he had wrought on Molina who, after his encounter with Valentin, had a change of ideals when it came to approach, from personal to revolutionary. Molina had sacrificed his finally attained freedom for his love of Valentin only to be mistakenly executed by the movement of his lover. MOLINA: I have a message from Valentin. Are you Lidia YOUNG WOMAN: Yes. Get in. Quick. As Molina reaches for the car door, AN AGENT DIVES AT HIM from behind. AGENT: Get him! As the taxi tears away, the young woman quickly draws a gun and FIRES TWO SHOTS at the agent, he crumples to the pavement. The sharp reports send the bystanders into hysteria. Molina runs off as the other two agents shoot down the street. Molina sprints erratically down a side street. Pedro and another agent are close behind. PEDRO: Stop! Molina -- stop! He fires a warning shot into the air. Pedestrians scatter. The taxi intercepts Molina's path at the end of the street. From inside the car, THE YOUNG WOMAN FIRES THREE SHOTS INTO MOLINA. The taxi speeds off. (Puig, 107-8) The argument present in this paper brought to light our perceptions on the meaning and values embedded in the terms of goodness and the typical. Kiss
Sunday, October 6, 2019
Mathicillin Resistant Staphylococcus Aureus Research Paper
Mathicillin Resistant Staphylococcus Aureus - Research Paper Example Methicillin resistant S. aureus is an antibiotic resistant form of S. aureus that has emerged as a significant strain of this bacterium. The first outbreak was reported in 1980 in the region of Detroit and since then MRSA has established itself as a clinically dominant community pathogen. In 2004, a study of adult patients who presented with purulent staphylococcal infections in the emergency, MRSA constituted a 78% of S. aureus infections (Crossley et al 272, 275). The community associated MRSA has been defined on the basis of the criteria provided by the Center for Disease Control and Prevention. According to the criteria, infections are classified as MRSA if (a) MRSA is isolated within 48 hours from a hospitalized patient, (b) the patient presents with a history of hospital admission, dialysis, surgery or long term care facility residence, (c) patient has an indwelling device during the time of culture isolation, (d) previous history of MRSA infection (Crossley et al 272). It is i mportant to differentiate the microbiological characteristics of the MRSA strains from the S. aureus, the disease spectrum and manifestations so that a correct diagnosis and treatment plan can be devised. Fig 1 :Prevalence of MRSA shown in relation to the age of the patients performed by the National Health and Nutrition Examination Survey 2001-2004 (Crossley et al 281). The microbiological characteristics of the staphylococcus aureus are significant in understanding the clinical course of the disease. Staphylococci are included in the Gram positive bacteria which are signified by their catalase-positive and facultative anaerobic properties. Staphylococci measure 0.2-1.5 micro-meters in diameter and produce golden yellow colonies on agar or broth cultures within 12-24 hours at 37 C. The colonies are formed in grape like cluster formation or in the form of pairs, chains or even single bacterium (Weston 128). MRSA is a type of S. aureus that is resistant to a group of antibiotics call ed beta-lactams. This group includes Methicillin and others such as oxacillin, amoxicillin and penicillin (Centers for disease control and prevention n.p.). Fig 2: Representation of the MRSA colonies on the cultures agar observed through microscopic examination (Centers for Disease Control and Prevention n.p.). The epidemiology of MRSA is mostly significant in health-care facilities. MRSA is typically introduced through patients who are transferred from other health care settings. Doctors are also considered as important sources of inter-hospital spread of MRSA infections. Spouses of patients can also act as reservoirs of infections at several times. Colonization occurs rapidly once MRSA is introduced into a hospital. Open wound diseases such as skin diseases including chronic dermatitis, ulcers, burns, surgical wounds and decubitus ulcers predispose the patients to the MRSA colonization. Aged and debilitated patients, patients on poor anti-microbial therapy, intensive-care patients , patients of chronic hemodialysis or long-term hospitalized patients are at higher risks for MRSA infection development (Gantz et al 264,265). Apart from patients in health care facilities, visitors of infected patients are also at high risk. Disease is transmitted through casual contact such as hugging, touching or kissing. Close skin to skin contact or contact of open wounds with contaminated items and surfaces also predisposes to MRSA infections. Crowded living conditions and locations
Friday, October 4, 2019
Financial Markets & Risks Essay Example | Topics and Well Written Essays - 1750 words
Financial Markets & Risks - Essay Example They can be in the form of a guaranteed annuity or a cash balance that an employee can draw upon at retirement. A pension that is created by an employer for an employee is known as an occupational pension. The government or other organisations may also sponsor pensions. Pension plans are a form of deferred compensation. The United Kingdom pension system is characterised by three tiers. The first tier is that of Basic State Pension (BSP) which is provided by the state. There are several pension schemes in the second tier. The state, employers, or private sector financial institutions provide these schemes. These pension schemes may be divided into two broad types: Defined Benefit (DB) pension schemes, and Defined Contributions pension scheme (DC). The DB schemes include the State-Earning-Related-Pension Scheme (SERPS), and occupational pension schemes provided by employers. The DC schemes include the contribution pension schemes offered by employers, and the personal pension, or a stakeholder pension fund held with a financial institution. The third tier of UK's pension system is voluntary and it takes the form of additional voluntary contributions (AVCs and FSAVCs) into occupational or personal pension schemes. The pension schemes we need to focus on behalf of the company are occupational pension schemes. ... In the DB pension scheme, the retirement pension benefits are related to the member's final salary upon retirement, and length of service. This is a "funded" plan in which both employer and employee contribute towards the pension fund. A DC pension scheme is a scheme that provides an individual account for each employee participant. The benefits are solely on the amount contributed to the account, gains, expenses and losses allocated to the account. The plan contributions, which are fixed for both the employer and employee, are paid into the account for each member. These contributions are invested and the returns are also credited to the individual's account. On retirement, the member's account is used to provide retirement benefits. This is usually through the purchase of an annuity that provides regular income post retirement. The members also have the option to draw a certain lumpsum amount before purchasing annuities. These plans also may offer the facility to members to select the types of investments towards which the pension funds would be allocated. Relative Merits of DB and DC Schemes The contributions in case of DB schemes are higher to keep up with the cost of providing the defined retirement benefits. It is even higher for employers relative to employees. DB plans offer less mobility than the DC plans because the transfer costs and difficulty in transfer of funds is very high for the DB Plans. DC plans offer higher portability. Both the DB and DC plans offer tax relief on contributions to employers. Tax relief is usually higher in case of DB plans due to higher contributions. Unlike the DB schemes, in a DC scheme a member cannot predict his pension at the time of retirement, as it is difficult to predict what capital he will accumulate
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