The Judiciary

The Judiciary- Roe vs. Wade

Roe vs. Wade was a landmark decision case by the Supreme Court that gave women the right and freedom to have an abortion until to the end of their first trimester without interference from the state.

On January 22, 1973 the Supreme Court overturned an 1857 Texas ruling that made abortion illegal except on the grounds to save the woman’s life or if it were in danger. Jane Roe was a single mother who filed suit against Texas on her behalf and other pregnant women. She viewed this law as unconstitutional which violated her First, Fourth, Fifth, Ninth and Fourteenth amendment. The court agreed that the Texas law was unconstitutional and terminating a pregnancy violated her rights of privacy. The court found that their interest regulating an abortion starts in the second trimester due to its relation to maternal health of the woman. The importance of imposing requirements such as licensing of those performing the procedures as well as regulating where an abortion takes place at. The interest by the state for sake of a potential human life starts in the third trimester as stated by the courts. This is fact because the fetus is viewed as viable which is capable of living outside the mother’s womb and is entitled for protection by the state.

I chose this summary because it’s a common issue that many women face daily in America and abroad. There are challenging circumstances which puts women in a situation to have to make a decision of whether or not to terminate a pregnancy. It’s not my judge to say which right or wrong, but I believe a responsible adult has the right to make their own choices.

Citizenship and Social Class

“Citizenship requires a direct sense of community membership based on loyalty to a civilization which is a common possession. It is a loyalty of free men endowed with rights and protected by a common law. Its growth is stimulated both by the struggle to win those rights and by their enjoyment when won.”

The passage above highlights the importance of social responsibility and the common ground man seek in order to be considered equal in civil liberties and standards. Responsible individuals who contribute to the building of this society should and must be protected by constitutional law. The idea of acceptance as a member or part of a society enhances a sense of pride to those who withstand the strife to gain their basic liberties.

I chose this excerpt from Marshall because it reflects the conflicts African Americans as well as other minorities contend with in order to have equal voting rights. African Americans and immigrants basically carried this nation on their backs. It’s evident of the disenfranchisement minorities experienced in this country in order to have a voice. Unfortunately, our rights as minorities continue to be compromised to this day 50 years after the implementation of the Voter Rights Amendment of 1965.

Declaration Of Sentiments and Resolutions

"He has made her, if married, in the eye of the law, civilly dead.”

The author was relating how women were considered public and politically dead in a society among  men. Women voice didn’t count and their only purpose were to shadow their husbands. These traditional roles were warranted and women's rights were not exercised. Most women were viewed as not being practical thinkers rather than men who were considered as rational thinkers.

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The previously stated quote reflects on society’s view of women at the turn of the century. In today’s modern world many of these views still exist to a degree. Women continue to fight for equal rights today in order to have their voice heard and to be considered as equals to men as stated in the Declaration of Independence. These laws are implemented in our society and takes importance in the makeup of our government.

"The Federalist #51"

“The Federalist #51”

Whilst all authority in it will be delivered from and dependent on society, the society itself will be broken into so many parts, interests, and classes of citizens, that the rights of the individuals, or of the minority, will be in little danger from interested combinations of the majority. In a free government the security for civil rights must be the same as for religious rights. It consists in the one case in the multiplicity of interests, and in the other in the multiplicity of sects. The degree of security in both cases will depend on the number of interests and sects; and this may be presumed to depend on the extent of the country and number of people comprehended under the same government (p. 105).

Madison was relating about the threats of factions in society. He shares how diversity in views and standards rather than a single approach can reduce the influence of factions. In a government free of factions, society should come to terms and reason on one accord. In so doing, the people will be more inclined to forgo threats to others.

My views on this quote from Federalist #51 highlight the importance of different classes of society and the significance it supposed to hold in the constitution. Individual and the minority rights would have a sense of protection from the divisions of the popular. It’s in the number of voices from the people which play a major role in the degree of security, as stated.

Political Identity & Political Culture

A Quote from Bourne…

“Let us not speak, of inferior races, but of inferior civilizations. We are all to educate and be educated. These peoples in America are in a common enterprise. It is not what we are now that concerns us, but what this plastic next generation might become in the light of a new cosmopolitan   ideal.”

I believe Bourne was relating from this quote on the purpose of acknowledging the fact that America’s structure has been built and continues to grow by means of other cultures and races contribution to society. He’s simply trying to challenge the self-image of America as being a so-called superior civilization whose brand states that it’s “for the people, by the people.” Although in real time other races and cultures are subjectively treated as second class citizens. Bourne sheds light on how education and the willingness to be informed about contributions and expressions of different cultures can create a “super race” that can potentially become a superior society.

From Bourne’s quote, it detailed a glimpse of light which is crucial to break through America’s dark cloud of prejudice that continues to plague it. As a comedian once said, “America is like an uncle who pays for your college tuition but violates you.” Meaning, oftentimes things are not really what they are perceived to be; there’s often a hidden agenda. In this case I would acquaint it to an inferiority complex America has with culture and the sense of identity which follows it. Bourne summed it up as, “Let us not speak of inferior races, but of inferior civilizations.”  I believe prejudice continues to be a hindrance to a society which can potentially become a global leader on many different levels.

Despite Negativity, Americans Mixed on Ideal Role of Gov’t

“Additionally, some of Americans’ negative views of the government are related to their perceptions of the efficiency and effectiveness of what the government is doing. They on average believe that 51 cents of every tax dollar is wasted, which may explain some of the negative views and concerns about too much power. Americans also give the federal government the lowest positive rating of any of 25 business and industry sector rated in August, further suggesting that the people don’t think government works well.”

From the reading, I comprehend the author is relating the distrust many Americans experience when the odds are not in their favor.  His inference that Americans believe most tax dollars are being wasted from the decisions the government makes are reflected in their approval ratings. A sense of belief in this system becomes unfavorable when tax payers hard earned dollars don’t add up and their views are shifted to the fact that this system does not work for the people.

The negative emotions which stem from the choices that the government has made concerning the distribution of tax dollars leaves many feeling jaded. Considering a foremost amount of tax dollars are being spent on defense and international security assistance; funding towards education and vocational training are labeled as “everything else”.  Tax paying Americans are left holding the short end of the stick, especially when the memorable coined phrases which initially won our vote concludes to become a voided promise.