Theories of Political Powers - Essay Example

of submitted Political science Introduction The of Nature is basically described as the situation when there is no any form of governance in existence, and this has been used in social theory to give explanation for political authority. This is one of the greatest works in history that was put forward by john Locke, Hobbes Thomas and Rousseau Jean-Jacques. The description of the human history assert that natural circumstances differ in very imperative ways, for instance, whether situations are calm or challenged with conflict, whether there is not society or state and the degree to which the people portrayed is similar to those in present communities. The differences are very important to justification of different types of governments and moral values (Hobbes 2006 & Dent 2005). Social Contract The social contract theory has explained the significance of legitimate forms of governance. The starting point of the explanation has always been the state when no form of any governance exists (Thomas & Dale 2009). According to Hobbes, people are usually guided by a particular driving force or a reason. People in state of nature on the other hand were being guided by natural primitive, nature like animal instincts. Accordingly, Hobbes believes that moral concepts like ideology of good and evil does not subsist in state of nature (Hobbes 2006 & Dent 2005). Man therefore could employ any available means to protect his life and thing around him. Man had to use some means to escape this and according to Hobbes, the laws of nature helped man to find peace and also allow man to natural right to things as long as others would emulate the mutual transfer of rights is termed as the "contract" Locke John believes many of the ideas by Hobbes like contract. Nonetheless, the some conditions they differ. In the view of the state of nature, Locke believes that people could still maintain peace without the civil society because there were natural laws which guided everyone. War is also another aspect of sate of nature but different from state of nature; according to Locke (Thomas & Dale 2009). Theories of Political Powers: democracy is very tricky idea to conceptualize. It basically means choosing the policy making processes that reflect people's preferences. Democratic theories are the main principles that specify the means through which government decisions are made. It's based of five principles; equal opportunity in voting, effectual participation, liberal perceptive, Citizen Control of the agenda, and Inclusion. Pluralist theory - groups with like minded interests influences the public policies by pushing forward their concerns in an organized manner (i.e. collective effort); Elite and Class theories- purports that the society is stratified along some class according to education or earning and that the upper class elite manipulate government's decisions. Ownership of wealth or property is foundation of power. Hyperpluralism on the other hand claim that there is a lot of means through which groups of people can manipulate policies and that groups are rulers while state is subject. Bureaucratic theories - suggests that groups of organizations of experts or specialists, a rational type of body formed on the basis of specific duties, not on basis of influence of a person and customs and which manipulate policies (Kritzer & Richards 2003). . Main Articles to the Constitution: United States: article I- is a description of the congress and outlines the powers of the legislature and their limits. Article II- is a description of the presidency which is the executive branch of government, It Vests authority of executive to the president's jurisdiction. Article III- is a description of the judiciary and court system with inclusion of the Supreme Court; It Describes powers and limits of judicial branch. Article IV- this article describes the connection between States and the federal government and also describes citizens rights to the states as well. Article V- describes the processes of amending the constitution. Article VI- describes the policies on public debt, as well as final. It also institutes the constitution and the U.S laws made according to the supreme law. Article to VII- describes constitution authorization process. Formal and Informal Constitutional Amendments- formal methods of making amendments to the constitution include two steps, the proposition and ratification. The constitution is ratified only when the amendment is proposed. Proposal requires 2/3 votes of houses of congress or when the congress calls a national constitutional conference at the call of 2/3 votes of state legislators. Latter is yet to be used in history. Ratification is second process; it's accomplished by attaining of states legislators' votes or by conventions in of states, The Constitution of the United States of America with Explanatory Notes (2009). Informal methods of amendments- two methods have been used for amendments; interpretation of the judiciary and the incorporation of customs, practice and precedent. Judiciary interpretation is the means through which Supreme Court makes a choice how the constitution is to be interpreted the degree of most constitutional. Federalism is a form of governance established by a written accord, a centralized and national administration to which it has disseminated specific legislative authority (i.e. making the law) and termed the federal government and state governments (also called regions or provinces) to which power is disseminated. Since its inception, federalism has been very critical in the American governance system. Since the powers are divided between national and state governments and assigning specific need to each of them, their relationship is dynamic. It should be adjusted for every situation to fit the changes in the needs of the society, The Constitution of the United States of America with Explanatory Notes (2009). At about civil war era, people struggled with the change to balance powers of states (north and south). The north imposed very high taxes on southern in the name of protecting infant firm. In 1828, tariff of abominations was revoked by South Carolina which threatened to break away than be restricted by laws considered null and void. New deal, and pother agreements following the World War II left a lot of powers which ad to be defined in 1950s. 1956, declaration of constitutional principles" The Constitution of the United States of America with Explanatory Notes (2009) Important Amendments: the 4th amendment protects against arrests and searches or property seizures that do not have warrants or a possible cause to assert that a crime was committed. Right to privacy has been deduced from here. Mapp vs. Ohio's case is an example of this application. Her house was searched without a warrant and she was arrested (unrealistic searches). 5th amendment incorporates 'takings clause' which bans the government from seizing private property without reimbursement. 6th amendment ensures fast public trial process for criminal offenders and calls for trial by a jury of peers, right to legal counsel and also provides that accused may call witnesses. 8th amendment restricts excessive fining of bails and/or unusual and cruel punishment. 14th amendment describes the citizenship of the US; bans other states from reducing privileges of citizens and rights to duty. Miranda Vs Arizona- (Mr. Justice Harlan, Mr. Justice Stewart, Mr. Justice White, and Mr. Justice Clark) in all the cases, the defendants was locked up in police custody and interrogated by police officers, investigators warning were issued. Note of the suspect was issued with full warning their rights before the questioning. The three were convicted after signing statement while the fourth was affirmed appeal. Practically, every community has put on its effort combat representation with sexual activity. This kind of material is widespread because it patents the tensions the come up between desire and societal standards. Artful management of sex improves the understanding of the tensions. However since the societies are undecided about freedom in sexual activities, and are worried about the implication of humiliating sexual portrayal on the value of sexuality, they make an attempt by way of law to differentiate appropriate display or to nab display at all costs (Bardes et al 2007). From previous cases, Justice Brennan once said that a material is obscene if its central subject is prurient; it is deliberately offensive for the reason that it offends contemporary community standards and it's absolutely with no redeeming societal worth. Legal doctrine is the way in which law changes hands as in the legal tender. Doctrine is the law itself as described by the courts system. Judiciary opinions generate the rules and standards that make up the legal doctrine. Brandenberg v. Ohio 1969- the appellant (Parker 2003), a Ku Klux Klan was condemned under Ohio offense syndicate statute for supporting the duty essential, or respectability of offense, sabotage violence and illegal terrorism activities. Statute suggests to give punishment to mere advocacy, freedoms of speech and expression do not forbid advocacy unless its intended to incite. Dennis vs. USA, concerns the act of smith meant to stop spread of communism to the US. It was made illegal to mastermind violent activities; after the defeat of USSR relations between USA and Soviet Union was not good (Bardes et al 2007). The lemon test was established by to help the justice to determine when a law has the consequence of instituting religion. Chief justice Warren was the inventor. The test has three parts; 1st the decree must possess a secular legislative reason, 2nd the principle or basic action should be one that neither enhances nor diminishes religion and thirdly the decree must not further an excessive government embarrassing circumstances with religion (Kermit 2009). The conception that equality must prevail in terms of constitutional protection, under the two regulations (federal and state) it's required that fair treatment be granted to everyone in relation to government action. However the government has a mandate restrict some people from carrying out certain activities if deemed dangerous. For this reason, courts have established analyses based on groups: suspect class and quasi-suspect class and also non-suspect class. The US Supreme Court has identified religion, ethnic origin; race and legal alien as the types to get highest scrutiny (suspect class) while gender and illegitimacy only get lower legal scrutiny (Kermit 2009). The reason is that the aspects mentioned make the people likely target for discrimination. Affirmative action: the discrimination cases in the US were rampant and civil rights groups had to come in for instance the NAACP and national organization for women. Affirmative action was given to these programs which supported human rights. The Supreme Court mandates that the race based concerns by the state should be able to endure strict legal scrutiny. This implies that the objective of the policy has to meet compelling need for society and no other choice available which will in the same way t meet the same objective or goal (Guernsey 1997) Media influence on Public opinion: media is a major aspect in the expression of people views. They can shape the opinion of the general public in a variety of ways depending on the objective. For instance the coverage of the 9/11 bombing, the coverage was so extensive and on negative activities of terrorism making people support war on terror outright without critical analysis. The public opinion was manipulated. Other means of influence are trends and polls, like in politics. Candidates can pay for false polls and trends of influence then sways the public vote (Schatzinger 2007). Interest groups employ both the indirect and direct means of lobbying. Indirect influence involves deviation or going to grass roots to find the government decision makers in constituencies and these groups would exert pressure on politicians. Steps include public awareness via campaigns, mass media and sympathizers. Direct influence includes withholding funding to political parties, convincing key politicians and also withhold9ing critical information. In extreme cases, the media coverage is influenced not to cover politicians (give them a black out) (Schatzinger 2007). The third party or a minor party cannot win the United States election because; the system of two parties has survived for over 200 years now and has brought about varied extent of influence. The persistent the parties the more a third party becomes unthinkable. The two party systems has become a tradition and the ideals and principles are greatly engraved in the American people. Another factor is the electoral commission bases the outcomes on the winner takes it all phenomenon. This is perhaps the major reason why two parties are greatly suited for the campaigns (Schatzinger 2007). References Bardes B.A, Mack C. S & Steffen W. S (2007). American Government and Politics Today, 2007-2008 Edition. Wadsworth/Thomson Learning Dent N.J.H (2005). Rousseau, the Social Contract, Book II. Routledge Guernsey, J.B (1997). Affirmative Action. A Problem or a Remedy Lerner Publications Co Minneapolis, MN Hobbes T. (2006). Leviathan. Dover Publishing. Kermit L. H. (2009).Lemon V. Kurtzman. The Oxford Companion to the Supreme Court of the United States. Oxford University Press. 2005. Retrieved June 28th 2009 From Http://Www.Encyclopedia.Com/Doc/1O184-Lemonvkurtzman.Html Kritzer, H. M. & RichardsJ. (2003). Jurisprudential Regimes and Supreme Court Decision-making. The Lemon Regime and Establishment Clause Cases. Law & Society Review 37 (4): 827-840. Parker, R. A. (2003). "Brandenburg v. Ohio". In Parker, Richard A. (ed.). Free Speech on Trial. Communication Perspectives on Landmark Supreme Court Decisions. Tuscaloosa, AL: University of Alabama Press. pp.145-159. Schatzinger, H. M. (2007) "Policy, Media, and Public Agenda. What Influences the Timing of PAC Contributions"retrieved on 29th June 2009 from http://www.allacademic.com/meta/p143273_index.html The Constitution of the United States of America with Explanatory Notes (2009). U.S. Department of State's Bureau of International Information Programs. Retrieved on 29th June 2009 from Http://Usinfo.State.Gov/Products/Pubs/Constitution/Supreme.Htm. Retrieved On Thomas L. T. & Dale A. (2009). Herbeck Freedom of Speech in the United States, 6th ed. Strata Publishing Inc. State College PA Read More