Monday, October 11, 2010

What are John Locke’s arguments in the Second Treatise on Civil Government

Locke argued that humans, in the state of nature, were born equal and that they possessed natural rights that no king had the power to void.  The consent of the governed is the only true basis of a king or sovereign’s right to rule.  Therefore, a chief executive, according to Locke, is limited by this social contract with the governed.

How does Article VI of the Constitution establish the supremacy of the federal government?

Article VI states that the Constitution and the laws of the United States are the supreme law of the land.  The Court ruled in McCulloch v. Maryland (1918) that federal laws are supreme over state laws, and when a state law comes into conflict with a federal law, the federal law prevails.  This has come to be called the supremacy clause.

What is the constitutional basis of separation of powers?

It can be found in several principles, such as the separation of government into three branches, the conception that each branch performs unique and identifiable functions, and the limitation of personnel to a specific branch.

Constitutional Underpinnings of the U.S. Government

Constitutional Underpinning

The government of the United States was created in the late 18th century by men who were reacting to a Europe dominated by imperialism and monarchy. The design of the Constitution reflected the influence of the European Enlightenment and the newly emerging beliefs in democracy, liberty for more individuals in society, and the importance of checking the self-interest inherent in ordinary human interactions. At the same time, the founders were far from unanimous in their admiration for direct democracy, and the Constitution they created reflects restraints on democracy.

Thursday, October 7, 2010

Prominent figures of the African-American Civil Rights Movement.

African-American Civil Rights Movement (1955–1968)

The African-American Civil Rights Movement (1955–1968) refers to the movements in the United States aimed at outlawing racial discrimination against African Americans and restoring Suffrage in Southern states. This article covers the phase of the movement between 1954 and 1968, particularly in the South. By 1966, the emergence of the Black Power Movement, which lasted roughly from 1966 to 1975, enlarged the aims of the Civil Rights Movement to include racial dignity, economic and political self-sufficiency, and freedom from oppression by white Americans.
Many of those who were active in the Civil Rights Movement, with organizations such as NAACP, SNCC, CORE and SCLC, prefer the term "Southern Freedom Movement" because the struggle was about far more than just civil rights under law; it was also about fundamental issues of freedom, respect, dignity, and economic and social equality.
During the period 1955–1968, acts of nonviolent protest and civil disobedience produced crisis situations between activists and government authorities. Federal, state, and local governments, businesses, and communities often had to respond immediately to crisis situations which highlighted the inequities faced by African Americans. Forms of protest and/or civil disobedience included boycotts such as the successful Montgomery Bus Boycott (1955–1956) in Alabama; "sit-ins" such as the influential Greensboro sit-in (1960) in North Carolina; marches, such as the Selma to Montgomery marches (1965) in Alabama; and a wide range of other nonviolent activities.
Noted legislative achievements during this phase of the Civil Rights Movement were passage of Civil Rights Act of 1964,[1] that banned discrimination based on "race, color, religion, or national origin" in employment practices and public accommodations; the Voting Rights Act of 1965, that restored and protected voting rights; the Immigration and Nationality Services Act of 1965, that dramatically opened entry to the U.S. to immigrants other than traditional European groups; and the Fair Housing Act of 1968, that banned discrimination in the sale or rental of housing. African Americans re-entered politics in the South, and across the country young people were inspired to action.

International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976. It commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. As of October 2009, the Covenant had 72 signatories and 166 parties.[1]
The ICCPR is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR).[2]
The ICCPR is monitored by the Human Rights Committee (a separate body to the Human Rights Council), which reviews regular reports of States parties on how the rights are being implemented. States must report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee meets in Geneva or New York and normally holds three sessions per year.
"Civil liberties" typically include basic rights and freedoms that are guaranteed by law -- either explicitly identified in laws and constitutions, or interpreted through the years by courts and lawmakers. Choose a link from the list below to learn more about different types of civil liberties.

"Civil Rights" vs. "Civil Liberties"

It is important to note the difference between "civil rights" and "civil liberties." The legal area known as "civil rights" has traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment and housing. "Civil liberties" concern basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers. Civil liberties include:
  • Freedom of speech
  • The right to privacy
  • The right to be free from unreasonable searches of your home
  • The right to a fair court trial
  • The right to marry
  • The right to vote
One way to consider the difference between "civil rights" and "civil liberties" is to look at 1) what right is affected, and 2) whose right is affected. For example, as an employee, you do not have the legal right to a promotion, mainly because getting a promotion is not a guaranteed "civil liberty." But, as a female employee you do have the legal right to be free from discrimination in being considered for that promotion -- you cannot legally be denied the promotion based on your gender (or race, or disability, etc.). By choosing not to promote a female worker solely because of the employee's gender, the employer has committed a civil rights violation and has engaged in unlawful employment discrimination based on sex or gender.
Civil liberties are rights and freedoms that protect an individual from the state. Civil liberties set limits on the government so that its agents cannot use their power and interfere with the lives of citizens.
Common civil liberties include the rights of people, freedom of religion, and
freedom of speech, and the right to due process, to a trial, to own property, and to privacy.
The formal concept of civil liberties dates back to the
English charter the Magna Carta 1215, which was based on pre-existing documents named the English Charter of Liberties, a landmark document in English history.

Civil Rights

Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.