Thursday, January 30, 2020
Posse Comitatus Act (1878) Essay Example for Free
Posse Comitatus Act (1878) Essay The Posse Comitatus Act is a United States federal law which had been passed on June 16, 1878 as an outcome of two sources, the first being the end of the Reconstruction Period. From the establishment of the Republic till the passing of the act in question it had been standard practice to position federal troops at polling spots in order to avoid inebriates from voting as well as to ascertain that those people who would be entering the polls were sanctioned to do so in a period of restricted suffrage. As the Civil War ended, those federal troops were positioned in the polls in order to assure that worldwide manhood suffrage was allowed, and also that no previous Confederate officers would be allowed to vote since all former Confederate officers were not allowed to vote nor to hold position above the state level and the end of the Civil War Reconstruction Period entails that implementation of the said restrictions are no longer needed (Price, and Rectenwald, 2007).            The second reason came from the terms on the western frontier in that fort commanders were usually the solitary law and order in a district, the solitary security for pioneers who are on the move to the west. The majority of these frontiers was still beyond the United States proper, and had not been allowed in the statehood. Fort commanders then started to put into effect civilian law enforcement accountabilities, at times in a random manner, to stalk those people they regard as criminals or Indians who are dangerous for the early settlers. The line of reasoning being that criminality and Indian assaults took place swiftly and necessitate swift action from those in powers who happens to be in the same location. They were also far away from Washington D.C. and thus the outcomes were at times infringements of the constitution and stipulations otherwise unsound to chosen civil authorities (Baker, 1999).            The Act then was passed to veto the army in civilian law enforcement the Act also represents the long-established American dogma of separating civilian from military authorities as well as to currently prohibit the use of Army and Air Forces in order to implement civilian laws. In the past 15 years, the Congress has intentionally worn down this belief by engaging the military in drug prohibition in the United States border. This particular attrition would carry on unless the Congress renovates the Posse Comitatus Act principle to protect the crucial and traditional separation and distinction of civilian and military officials (Isenberg, 2002).            The increasing swiftness with which the military is regarded as a universal remedy for domestic difficulties will promptly destabilize the Posse Comitatus Act if it continue as it is – unrestricted. Trivial exemptions to the Posse Comitatus Act could rapidly develop into major exemptions. For an instance, in 1981, Congress made an exemption to the Posse Comitatus Act to sanction military participation in drug outlawing in the United States borders, later on, in 1989, Congress assigned the Department of Defense as the â€Å"single lead agency†in drug banning endeavors.            The Posse Comitatus Act criminalizes, efficiently prohibiting, the utilization of Army or of the air Forces as a â€Å"posse comitatus†to implement the laws and regulations of US, it states: Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both (Young, 2003).            While a criminal law, the Posse Comitatus Act has a more significant function as a declaration of policy which represents the traditional American principle of the division among military and civilian authorities, which also happens o be one of the most vital guidelines of the United States form of government (Rossi, 2002).            Major as well as trivial exemptions to the Posse Comitatus Act which permit the utilization of the military in law implementation tasks, distort the line which separates the tasks of the civilians from the military officials, destabilize civilian jurisdiction of the military, injure military alacrity, and ineffectually solve the difficulties that they allegedly deals with (Rossi, 2002).            Moreover, amplifying the functions of the military would fortify the federal law implementation equipment which is at present, under close inspection for straining its power. While it appears to be kind, such augmentations in military influence renew the terror of past exceeds in limitations which occurred in the late 1960’s (Rossi, 2002).            As was mentioned earlier, the Posses Comitatus Act of 1878 occurred as an immediate response to the escalating use of the military for tasks meant for civilians during the Reconstruction period. On numerous instances military troops were called upon to suppress civil commotions, to aid in creating governments in the southern states, as well as to implement civil laws and regulations. This topic came to a start when Rutherford Hayes came triumphant in the questionable presidential election which took place in 1876. Allegations were rapidly made that military troops which were sent to southern states acted as a posse comitatus (power of the people) for federal marshals at the polls played a role in giving the President the required vote he needed to win the election. In 1878, a Democrat controlled house of Representatives approved an army appropriations bill (20 Stat 145, 152) which hold language specifically banning the use of military troops as a posse comitatus, the act as a result, discarded the Mansfield Doctrine that military army could be put into use in civilian roles provided that they were subject to civilian laws and associated the use of the army with martial law. The things included in the said act basically, stayed unchanged save for the addendum of the Air Force in 1956 (70A Stat 626 (1956), however the Congress has made some developments to the some of the constitutional exemptions to the act (ex. 10 USC 331, 10 USC 332, and the like) (Young, 2003).            The Posse Comitatus act provided two situations in which the Act could be disregarded; when an exemption is specifically approved by the Constitution and when Congress specifically permitted an exemption. The first of the said stipulations has generated much perplexity in the use of the Act especially since the Constitution holds no condition specifically allowing the utilization of the army to implement the law of the land. Majority of the texts discussing the constitutional exemptions of the Posse Comitatus act centers on the clash between the indirect and intrinsic constitutional influence and control of the President. This is mainly because the President also happens to be the Commander-in-Chief of the armed forces (Baker, 1999).            The next condition which permits the exemptions to the Posse Comitatus act is Congressional approval, and it has been put into use in two ways. First is by providing a division of the armed services with civilian law enforcement capacities, and second by setting up rules for detailed kinds of aid, on so doing, modifying explicit constitutional exemptions to correspond to particular situations (Baker, 1999).            In the 1st case Congress has specifically allowed the coast guard to execute law enforcement tasks during peacetime, most particularly of anti-drug laws (14 USC 2) which had also been mentioned earlier in this paper. During wartimes power for the Coast Guard passes on from the Department of Transportation to the Navy, yet under the constitutional exemptions made by Congress the Coast Guard could still perform its law enforcement tasks, it should also be taken into account that the Navy and Marine corps have been subjected to the Act in question by DoD Directive 5525.5 (1986, as amended in 1989) as well as by Secretary of the Instruction (SECNAVINST) 5820.7B (1988) (Isenberg, 2002).            Secondly, congress has passed several sections of legislation allowing the use of the army backing and apparatus in helping civilian law enforcement (10 USC 371-82), majority of this legislation was derived in 1981 following the state of affairs in the â€Å"Wounded Knee†.  These state of affairs stalked from the 1973 occupation of a facility on the Pine Ridge Reservation in South Dakota, and the following blockade, capture, and hearing of the American Indian Movement, throughout the course of the blockade the federal civilian law enforcement officials made widespread use of information, personnel, and apparatus offered by the army. The support offered by the army eventually resulted to the weakening of the indictments against those people who had been seized, and it became apparent that Congress have to deal with the necessity for constitutional prohibitions to the original act, in addition to the legal exemptions regarding offering civil law enforcement with help at times of civil disturbance (10 USC 331, 10 USC 332). The guidelines spread under the decrees offer for the conservation of federal possessions and government roles, and permits the use of army in state of emergency when civil officials are incapable to control the state of affairs, further legislation has been passed including situations when nuclear materials is involved in the emergency (Young, 2003).            It may seem that the Posse Comitatus Act 1878 represents the principle of the explicit division between the army and civilian forces, a tenet which had been a fundamental constituent of the US history. However, it is fascinating to take into notice that one has ever been found guilty with infringement of 18 USC 1385, and as could be seen in the first part of this paper, Congress is quick in making exemptions for the sudden intrusion of the army (most notable of which is the campaign against drugs) and this constant use of the army as well as the Congress amendment of the Act to use the military had been constant source of controversy up to this point in time. Works Cited Baker, Bonnie. â€Å"The Origins of the Posse Comitatus.†(1999) December 8, 2007            http://www.airpower.maxwell.af.mil/home.htm. Isenberg, David. â€Å"Posse Comitatus.†(2002) December 8, 2007            http://www.cdi.org/terrorism/pcomitatus-pr.cfm. Price, Lori R., and Michael D. Rectenwald. â€Å"The Posse Comitatus Act of 1878.†(2007)            December 8, 2007 http://www.legitgov.org/. Rossi, C. T. â€Å"The Posse Comitatus Act: Can We Maintain American Freedom Without It?†           (2002) December 8, 2007 http://www.enterstageright.com/. Young, Stephen. â€Å"The Posse Comitatus Act.†(2003) December 8, 2007 http://www.llrx.com/.
Tuesday, January 21, 2020
The Reality of Discrimination Essay -- Literary Analysis, To Kill a Mo
The famous novel, To Kill Mockingbird, portrayed such literary excellence, that it will always be a large mark on the history of American literature. In To Kill a Mockingbird, a novel set in the 1930s about a child heroine, discrimination and prejudices both play key roles throughout. Today, one could not imagine what life would have been like had they lived during these times. Scout Finch, a girl who, in this novel, begins to understand the reality of the problems in her small southern town, was faced with discrimination in many instances. Three forms of discrimination throughout To Kill a Mockingbird were discrimination against gender, race, and the unknown. The first example of discrimination in To Kill a Mockingbird is by gender, or sexism. There were only two children in the family of Atticus Finch: Jeremy â€Å"Jem†Atticus Finch and Jean Louise â€Å"Scout†Finch. Being that there were no other children in their neighborhood, the two children always played together. When the duo met Charles â€Å"Dill†Baker Harris one summer, they were instantly friends. To Scout, being â€Å"one of the boys†was never a problem. However, Jem and Dill began to think otherwise. When Jem became angry with Scout because of an argument over â€Å"Hot Steams†, he decides to push her, while inside the tire, down the walk and into the Radley front gate. Worried, Jem screams for her to hurry back to them; in her daze she forgot the tire. Jem ran to get it; when he came back he was scowling, â€Å"Nothin’ to it. I swear, Scout, sometimes you act so much like a girl it’s mortifyin’†(Lee 50). He used her being a girl as an insult, despite the fact that he too was scared. However, the conflict really began when Dill and Jem decided to try to make the infamous Boo ... ...ion and insult, which they would never have expected. (Felty 300) This shows the extent of seriousness with the racial discrimination dispersed throughout the South during these times. In conclusion, discrimination of gender, the unknown, and race were all present in the novel To Kill a Mockingbird. The reasons for the prejudices and discrimination were all the same. These were the â€Å"ways†in the Southern communities, and the people of Maycomb knew no other way to live. They acted out of habit because this habit was the way they were raised by their parents and their parents by their grandparents, and so on. However, starting with the trial, things would slowly begin to change. Scout would be a part of this change as she grew and her innocence was put behind her. This novel will always represent Southern American History and the ways our society changed.
Monday, January 13, 2020
Consuming Kids
Consuming Kids The video documentary â€Å"Consuming Kids†highlights the impact of media and advertising on the health and well-being of children. Advertising has critically changed comparing from the past to today, as it penetrates children more than adults. Companies have decided to deliver their advertisements to children due to their vulnerable minds. The techniques companies use to attach a child with their advertisement is by using famous role models equipped with their product. This influences a child to grasp that product and evidently the same child becomes a consistent consumer in the marketing world.Not only is advertisement publicized on TV but, also on the internet and cellular mobile devices, making it harder for a parent to neglect its unwanted presence. Science is involved in this documentary as scientists use the â€Å"blinking experiment†to analyze the child’s attention rate. Scientist have mentioned that advertisers use round figures througho ut their commercial, as it has been found that children are attracted to this shape; making it harder for them to neglect the purpose of the advertisement. This is only a small contribution of how advertising has used symbolism to support its function.Using symbolism within an advertisement is very clever because it not only portrays the significance of the product but, portrays the â€Å"positive†lifestyle given when the product is purchased. Age compression plays a huge role in the marketing scheme, as it provokes young kids to feel older, making the product more suitable for the younger consumers. Advertisements affect a children’s mind negatively, as it can impact their vocabulary, cause them to lose their concentration span and eventually diagnose them with ADHD.In this documentary I was able to recognize and understand each and every perspective of how advertisements are abusing children. The media claims that parents are ultimately responsible for what their ch ildren watch, wear, and eat. I believe this is not true, because realistically a parent is unable to guard their child from advertisements every minute of the day. There is a likely chance that advertisement can be viewed at public locations like schools or daycares, making it harder to repel your child from advertisements. From this point, only the government has the ability to control such advertisements.As a society we should embrace the conflict raised from the media and publicize the negative effects of a child watching advertisements. We should ban the usage of advertisements used in schools and daycares so, children are not affected by them. A letter concerning the vital information about the documentary should be sent out to every family, so parents are aware of this cause. What shocked me the most, was the disturbing picture of the little girl who claims she’s trying to be sexy. This picture portrayed a young female child with her back pointing to the camera without a shirt.As soon as I recognized that, my point of view on advertisements harming children has changed enormously. There should be no reason for children to dress inappropriately in modern society. Yes, I feel like I have been affected by advertisements throughout my childhood. From a very young age of 6, I was behaving like the young boys shown in the documentary. Similar to them, I would also commit to violence and aggressive materials, such as movies and video games. At the time, it felt normal but now recognizing the effect of advertisement I am able to comprehend that I was under the influence of media.
Sunday, January 5, 2020
Food Requirements For The Elderly - 994 Words
Part 1. THE ELDERLY Food requirements for the elderly Calorie needs- The age increase of the elderly means that their activity level is minimum, this leads to the elderly needing to consume less calories than before. Depending on the physical active level of the senior, The National Policy and Resource Centre on Nutrition and Ageing from Florida University suggests that males aged 50 to 70 need approximately 2,220 calories per day. While females aged 50 to 70 require 1,980 calories per day. After the age of 70 calorie intake decreases due to rates of movement, metabolism and energy requirements. You can also determine the number of calories required by noticing the shifts in body shape and the nutrient requirements. This is a list that includes five high-calorie foods: Nut butters Avocados Coconut products Full-fat dairy products Potatoes and whole-grain starches Carbohydrates- Carbohydrate intake depends on the activity level of an elderly person. The elderly are advised to reach 45% to 65% of calories from carbohydrates. If an elderly person is quite active then they require a lot of healthy carbohydrates such as sugars, dietary fibre which is important to regulate bowel movements and starches to help the body function well. Glucose tolerance lacks in the elderly and involved carbohydrates will regulate glucose. Being careful of the amount of â€Å"extras†being consumed such as cream cheese, cream sauces and margarine. This is a list that includes healthyShow MoreRelatedNutritional Requirements of Individuals with Dementia Essay1169 Words  | 5 PagesUnderstand and meet the nutritional requirements of individuals with dementia. Outcome 1 1) describe how cognitive, functional and emotional changes with dementia can affect eating, drinking and nutrition. 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