The Declaration of Independence, and the Constitution

Apolonio E. Muñoz III
The Declaration of Independence, and The Constitution
LA City College
M-Th 7:15 PM
06/18/2009
1) Identify three goals of the Declaration of Independence. Hint: the answer is not just life and the pursuit of happiness.

The Declaration of Independence Primarily was drafted by the founding fathers as a formal declaration to the Colonies as well as the British Monarchy that they were absolving, and becoming Free & Independent States. The Declaration of Independence also outlines the many injustices that the King of Great Britain had been doing such ad cutting off trade to other parts of the world, obstructing the administration of justice, forcing the colonies to quarter the King’s Armies, and imposing taxes on the Colonies without consent. The Declaration of Independence then goes on to state that the Colonies have the full power to levy war, conclude peace, contract Alliances, establish commerce, ad do all that an independent state would do.

2) Read the definition of democracy below and apply it to the Constitution. Then, try to find any undemocratic element in the Constitution.

Honestly I don’t see any elements to the Constitution in how it can be undemocratic, since each section is designed to uphold the principles of democracy. For example it sets up the government to be lead by the people for the people, by allowing the majority to rule over the sovereignty, at the same time protecting the minorities’ best interests.

3) What are the underlying ideals of the Preamble in the Constitution?

The underlying ideals of the Preamble are to create a just government, ensure peace by providing adequate defense which result in a healthy, free nation.

4) How well have we lived up to the ideals stated in the Preamble?

Thus far the people of our great nation have been living up to these ideals, as they are ideals that the people created for a government that not only is lead by but also leads the people. There have been politicians in Congress as well as the president that don’t act in accordance to the will of the people, however I feel as a whole the government is run in accordance to the will of the people.

5) What are the powers and rights granted in the Constitution to the President, Congress, and the Judiciary?

The Powers & Rights of Congress are to be direct representation of the people as being divided into the two houses (Senate & House of Representatives), which work not alone, but together (as a sort of watchdog). Congress is responsible for creating policies that affect the people, but always act in accordance with the people best interest. In doing so Congress can pass laws which are approved by the President, and if a bill is vetoed can then be passes into law if both houses have a 2/3’s majority vote, each. Congress also has the power to set taxes and tariffs, regulate commerce with foreign nations, create money and regulate its value, promote the progress of sciences and the arts, declare war, and create and support a military. The Powers & Rights of the President are to be the Commander & Chief of the US Military, grant reprieves and pardons; and with the advice and consent of congress create Treaties with other countries, appoint Ambassadors, Department Heads, Supreme Court Justices, and fill vacancies in the Senate which expire at the close of the session. The Powers & Rights of the Supreme Court are to decide on all arguments pertaining to interpretations of the US Constitution, lawsuits pertaining to Ambassadors, public ministers, consuls, or where a state is a party in the Case. The Supreme Court also is an appellate court for Federal Cases that have exhausted all other means, and are approved for review by a min of 4 of the Supreme Court Justices.

6) Some people argue that under the Constitution Indians were eliminated, blacks were subjugated and women were denied enfranchisement. Therefore, the Constitution is a national shame. Do you agree or disagree? Why or why not?

I don’t agree as when the Constitution was written, the country was in another time, and frame of mind, where these classes of people were considered less than, and the White Males where the only supreme class, but over time this has changed, as the country began to grow, and find its self so to speak; where all citizens where to be treated, and protected as equals under the law. I believe the founding fathers would be very pleased to what the country has become, as a country founded by immigrants, and country that is diverse, and protects all walks of life with dignity and respect

7) Discuss three constitutional issues currently being debated. You have to be specific, for example, current Vice-President Cheney argues that he is not part of the Executive Branch and he is part of the legislative branch because he is the President of the US Senate according to the Constitution.

Three big issues that are being debated amongst the people and are being challenged at the Federal Level are: Gay Rights (DOMA, DADT), Immigration Reform, and Health Care Reform.

As for Gay Rights the Defense of Marriage Act (DOMA) and the Defense Dept’s Don’t Ask, Don Tell Policy (DADT) are being blasted across the headlines as groups from both sides of the issues fight that there cause is just. DOMA is being challenged as a direct violation of the Constitution, by creating a separate class of citizens, something that the Country has been striving not to do in its history, by granting full protection under the law to all citizens. The groups for the cause are stating that a civil union can be granted if the state choices, however many are even against that, and only the Union of two consenting adults of opposite sexes can legally file and be approved for marriage. Whereas the LGBT Community is fighting for full protection under the lax and the ability to marry the person of their choosing, and that by saying that a Civil Union is not acceptable, as in many cases it does not receive the same rights and protection as those whom marry. This however is not a issue of faith, as many believe, cause not every marriage is performed in a Church, and the only requirement is that the Marriage be performed by a public official. For example the State of California is torn, over this issue as there are not one, not two, but three classes of citizens in the regards. Those whom are Married Opposite Couples (full rights & protection at the Federal & State Level) Married Same-Sex Couples (full rights & protection at the State Level Only, not recognized at the Federal Level), and Civil Union Same-Sex Couples (with very little right and protection at the State Level Only, not recognized at the Federal Level). Now, personally I don’t think is right, and is an atrocity that this has happened, and the law-makers have allowed this to happen. This is defiantly going against the direction that the country is going where all citizens are protected under the law, and for the majority of the people to call for this segregation of classes of citizens is also severely wrong. What other class of citizens will be targeted and cut from the constitution? The DADT has recently been brought up yet again, as the US Military is discharging Service members at an alarming rate, when they are also willing to take nearly anyone, from convicted felons, people with no education, but not a member of the gay community; the most recent being the race of an Army Arabic Linguist whom was discharged for publicly coming out on National Television. The Army Discharged this person at a time where the US is engaged in not one but two wars on Arabic soil and Arabic Linguists are extremely hard to find that are willing to serve in the US Military. As a person whom is a victim of this policy I don’t agree with the principals that are used to justify it. If a person choices to defend the Constitution, and wear the uniform of the US Military, then he or she should not be looked down upon for choosing whom they wish to spend their time off duty with. The biggest argument is that if an openly gay service member is serving that it will bring down moral amongst the ranks, where I have seen firsthand that it does not. That by allowing a gay service member to serve however must keep his sexual orientation private, leads to him or her living a double live, and truly goes against the morals and traditions of the Military.

As for Immigration Reform, there has been lots of controversy over if the US should deport all undocumented immigrates whom come to the United States of America to find a better life for themselves, and support their families. Which is the same thing that the founding father has did when the country was created. There has been heated discussion between both side of the issue, and neither side has come to a compromise, which would be the only solution. Yes we should not simply open the borders, however if someone is willing to risk everything to come into this country, and lives a respectable life providing for his family, and not violating any other laws other than being an illegal alien, that after a certain amount of time should be allowed citizenship. I really don’t see why this is a problem when this country was founded by immigrants. I think this is simply fueled by fear as both sides don’t understand the other, and are shocked from the cultural differences they have.

As for Healthcare Reform, there has been some controversy especially in the past few months, as several groups are against each other in the quality, and affordability to healthcare to all citizens, and residents. This is mainly being fueled by businesses that monopolize the healthcare industry, and feel if they make it affordable to all, and the quality of care the same to all that they will lose revenue. This I don’t see as a problem, yes we are in a country where there is a free market, but to market a person’s ability to sustain life is an injustice. I personally feel that the government’s role in stepping in and creating policy that will level the field for all people; which will allow all to get the same quality of care, at affordable rates.