Saturday, April 25, 2020
On Cultural Relativism and Female Genital Mutilation (FGM) free essay sample
A critical analysis of the interaction of Western cultures social values and the practice of female circumcision. This paper discusses the theory of cultural relativism as it relates to gender and sexuality from an anthropological cross-cultural perspective. It discusses how the Western perspective, as the dominant culture, defines the experiences of women who have experienced FGM in certain ways, namely in terms of Western medical discourse. This definition neglects to address the subjective experience of the women and how they define themselves and their own experience, thus giving an incomplete picture of the socio-cultural framework in which FGM takes place. Included also is a discussion of the problems of applying sociological theory to the intricacy of real-world human affairs. From the paper: Cultural relativism states that what is morally good and bad is collectively defined by the people in a culture, and therefore there is no objective way to judge between cultures. We will write a custom essay sample on On Cultural Relativism and Female Genital Mutilation (FGM) or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Thus, an act in one culture that seems barbaric to an outsider such as female circumcision cannot be thus judged, because the outsider has his own value system that is not relevant to the culture. In this paper, I will examine the theoretical and ideological underpinnings of this perspective, the problems that arise when it is applied to actual cultural diversity, and alternative ways of looking at the space between cultures. I will specifically investigate the controversial topic of female genital mutilation, and explore the problems involved in approaching the practice from outside the culture it is practiced in.
Wednesday, March 18, 2020
Globe Telecom Paper Essay Essay Example
Globe Telecom Paper Essay Essay Example Globe Telecom Paper Essay Essay Globe Telecom Paper Essay Essay Corporate History Globe Telecom has steadfastly imbibed itself into the Black Marias and heads of more than twenty six million endorsers. It has been at that place in every manner for its clients. in constructing relationships. at work. communication and making out. Inasmuch as Filipinos love to pass on. Globe has been a dependable spouse. ready to supply the most convenient and low-cost service as possible. For 83 old ages. Globe has lived up to its repute of invention leader ââ¬â from the minute it introduced the first SMS or text messaging service in the state. and todayââ¬â¢s debut of the first personalized postpaid programs. Globe has been a innovator in many ways ; each new beginning is a testament of its committedness to functioning its clients better. In 1928. Congress passed Act No. 3495 allowing the Robert Dollar Company. a corporation organized and bing under the Torahs of the State of California. a franchise to run radio long distance message services in the Philippines. : Subsequently. Congress passed Act No. 4150 in 1934 to reassign the franchise and privileges of the Robert Dollar Company to Globe Wireless Limited which was incorporated in the Philippines on 15 January 1935. Globe Wireless Limited was subsequently renamed as Globe-Mackay Cable and Radio Corporation ( ââ¬Å"Globe-Mackayâ⬠) . Through Republic Act ( ââ¬Å"RAâ⬠) 4630 enacted in 1965 by Congress. its franchise was farther expanded to let it to run international communications systems. Globe-Mackay was granted a new franchise in 1980 by Batasan Pambansa under Batas Pambansa 95. In 1974. Globe-Mackay sold 60 % of its stock to Ayala Corporation. local investors and its employees. It offered its portions to the populace on 11 August 1975. In 1992. Globe-Mackay merged with Clavecilla Radio Corporation. a domestic telecommunications innovator. to organize GMCR. Inc. ( ââ¬Å"GMCRâ⬠) . The amalgamation gave GMCR the capableness to supply all signifiers of telecommunications to turn to the international and domestic demands of its clients. GMCR was later renamed Globe Telecom. Inc. ( ââ¬Å"Globeâ⬠) . Fast Forward It was a monumental partnership in 1993. with so President Fidel V. Ramos as informant to the sign language of a Memorandum of Understanding between Ayala Corporation and Singapore Telecom. Inc. ( STI ) . wholly-owned subordinate of Singapore Telecommunications Limited ( SingTel ) . was formalized. that created a formidable Globe Telecom. During the twelvemonth. Globe Telecom was catapulted to the position of a giant in the telecommunications industry. and awarded an initial US $ 30 million supply contract. Since so. Globe Telecom has revolutionized the manner Filipinos connect and communicate with the launch of the Globe Handy phone. the countryââ¬â¢s foremost to the full digital CMTS ( Cellular Mobile Telephone System ) utilizing the GSM ( Global Systems for Mobile ) communications web. It obtained its probationary authorization ( PA ) for International Gateway Facility ( IGF ) operations and rolled out its fixed telephone service and international direct dial ( IDD ) services i n designated countries. Within a twosome of old ages. Globe launched its G-Net service in 1995 to go the first Philippine telecoms bearer to offer internet entree. Thereafter. Globe went into acquisition ( Islacom ) and interconnectedness understandings with other telecom bearers to hike its web and services. In 2000. Globe joined C2C Cable Network. a fiberoptic pigboat overseas telegram undertaking in the Asia Pacific part. The undermentioned twelvemonth. Globe inaugurated its first overseas telegram landing station and backhaul installation in Nasugbu. Batangas. By 2004. Globe launched the GCASH. a discovery in nomadic commercialism and vitamin E payments. In 2009. Globe inaugurated its 2nd landing station in Ballesteros. Cagayan. It besides reinforced its best web connectivity with the TGN-Intra Asia Cable System and the first in the state to establish world-wide interoperability for Microwave Access ( WiMAX ) . A discovery in Mobile and landline service for postpaid endorsers in Metro Manila and Cebu called DUO was introduced. This was later on offered to little and average endeavor ( SME ) clients. carry throughing the demand for extra concern lines at a cheaper cost. Globe besides introduced the BlackBerryà ® life style to the Filipino market with the BlackBerryà ® Storm. powered by Globe Personal BlackBerryà ® Plans. Globe was granted the discriminatory merchandising rights to the iPhone 3G and iPhone 3GS. This partnership with Appleâ⠢ was reinforced in 2010 with the launch of the iPhone 4. Globe Telecom and Visa were recognized as the first two establishing spouses of the Mobile Money Exchange at the GSMA Annual Mobile Money Summit in Barcelona. Globe Data Center achieved an ISO 27001:2005 enfranchisement for holding met the Information Security Management System ( ISMS ) criterion. It besides received an ISO 9001:2008 enfranchisement ascent for run intoing the Quality Management System criterion. Hiking its web farther. Globe participated in the new Southeast Asia Japan Cable ( SJC ) System. the highest capacity system in the universe that links Singapore. Hong Kong. Indonesia. Philippines and Japan. The company achieved another first by holding its Globe Carrier Ethernet offerings certified by the Metro Ethernet Forum ( MEF ) harmonizing to MEF 9 service-provider specifications. Globe besides rolled out its 2nd fibre ocular anchor web ( FOBN2 ) . a high capacity transmittal system that spans over 1. 900 kilometres of inland and pigboat overseas telegram. covering most countries of Luzon. Visayas. and Mindanao. Overview Globe Telecom. Inc. is a major supplier of telecommunications services in the Philippines. supported by over 5. 700 employees and over 786. 000 retail merchants. distributers. providers. and concern spouses countrywide. The Company operates one of the largest and most technologically-advanced Mobile. fixed line and broadband webs in the state. supplying dependable. superior communications services to single clients. little and moderate-sized concerns. and corporate and enterprise clients. Globe presently has over 29 million nomadic endorsers. over 1. 363. 000 broadband clients. and over 666. 000 land line endorsers. Globe is besides one of the largest and most profitable companies in the state. and has been systematically recognized both locally and internationally for its corporate administration patterns. It is listed on the Philippine Stock Exchange under the heart symbol GLO and had a market capitalisation of US $ 2. 7 billion as of the terminal of September 2011. The Companyââ¬â¢s chief stockholders are Ayala Corporation and Singapore Telecom. both industry leaders in their several states. Aside from supplying fiscal support. this partnership has created assorted synergisms and has enabled the sharing of best patterns in the countries of buying. proficient operations. and selling. among others. Globe is committed to being a responsible corporate citizen. Globe BridgeCom. the companyââ¬â¢s umbrella corporate societal duty plan. leads and supports assorted enterprises that ( 1 ) promote instruction and raise the degree of computing machine literacy in the state. ( 2 ) support entrepreneurship and micro-enterprise development peculiarly in the countryside. and ( 3 ) ensures sustainable development through protection of the environment and excellence in operations. Since its origin in 2003. Globe BridgeCom has made a positive impact on the lives of 1000s of public simple and high school pupils. instructors. community leaders. and micro-entrepreneurs throughout the state. For its attempts. Globe BridgeCom has been recognized and conferred several awards and commendations by assorted Philippine and international organisations. The Globe Group is composed of the undermentioned companies: Globe Telecom. Inc. ( Globe ) provides nomadic telecommunications services ; Innove Communications Inc. ( Innove ) . a wholly-owned subordinate. provides fixed line telecommunications and broadband services. high-velocity cyberspace and private informations webs for endeavor clients. services for internal applications. cyberspace protocol based solutions and multimedia content bringing ; G-Xchange. Inc. ( GXI ) . a wholly-owned subordinate. provides nomadic commercialism services under the GCash trade name ; Entertainment Gateway Group Corp. and EGGstreme ( Hong Kong ) Limited ( EHL ) ( jointly referred here as EGG Group ) . supply digital media content and applications ; and GTI Business Holdings. Inc. ( GTI ) . a wholly-owned subordinate. is an investing company with authorization to supply VOIP services. The Company is a grantee of assorted mandates and licences from the National Telecommunications Commission ( NTC ) as follows: ( 1 ) licence to offer and run autotype. other traditional voice and information services and domestic line service utilizing Very Small Aperture Terminal ( VSAT ) engineering ; ( 2 ) licence for inter-exchange services ; and ( 3 ) Certificate of Public Convenience and Necessity ( CPCN ) for: ( a ) international digital gateway installation ( IGF ) in Metro Manila. ( B ) nationwide digital cellular Mobile telephone system under the GSM criterion ( CMTS-GSM ) . ( degree Celsius ) nationally local exchange bearer ( LEC ) services after being granted a probationary authorization in June 2005. and ( vitamin D ) international overseas telegram landing Stationss located in Nasugbu. Batangas and Ballesteros. Cagayan. Globe is organized along three cardinal client confronting units ( CFUs ) tasked to concentrate on the integrated Mobile and fixed line demands of spec ific market sections. The Company has a Consumer CFU with dedicated selling and gross revenues groups to turn to the demands of retail clients. and a Business CFU ( Globe Business ) focused on the demands of large and little concerns. Globe Business provides end-to-end Mobile and fixed line solutions and is equipped with its ain proficient and client relationship squads to function the demands of its client base. Get downing 2011. Globe organized an International Business Group to function the voice and rolling demands of abroad Filipinos. whether transient or permanent. It besides allows the Company to leverage merchandise portfolio on regional and planetary chances. Business Sections Mobile Business Globe provides digital nomadic communicating services countrywide utilizing a to the full digital web based on the Global System for Mobile Communication ( GSM ) engineering. It provides voice. informations and value-added services to its Mobile endorsers through three major trade names: Globe Postpaid. Globe Prepaid and TM. Globe Postpaid includes all prepaid programs such as regular G-Plans. consumable G-Flex Plans. Load Allowance Plans. Load Tipid. Apple TM iPhone 3G programs and high-end Platinum Plans. In 2010. the Company farther expanded its prepaid offerings to include MY SUPERPLAN and MY FULLY LOADED PLAN which allow endorsers to personalise their programs. choose and combine assorted limitless call. text and web browse service options. In add-on to these personalized programs. Globe has made available assorted add-on roaming and nomadic browse programs to provide to the demands of its endorsers. In 2011. Globe consolidated its individualized and customizable program service with the launch of the All New My Super Plan where endorsers are given the flexibleness to make their ain programs by either subscribing to an All-Unlimited Plan or an All-Consumable Plan. Subscribers besides get the opportunity to plan their programs based on their use by choosing the freebees and add-on services that would come with their subscriptions. To farther heighten their experience. endorsers are allowed to alter the freebees and add-on services monthly. Globe Prepaid and TM are the postpaid trade names of Globe. Globe Prepaid is targeted towards the grownup. mainstream market. Its alone trade name proposition revolves around its advanced merchandise and service offerings. superior client service. and Globeââ¬â¢s ââ¬Å"world widestâ⬠services and planetary web range. TM. on the other manus. caters to the value-conscious section of the market. In add-on to digital radio communications. Globe besides offers nomadic payments and remittal services under the GCash trade name. GCash is an internationally acclaimed micro payment service that transforms a nomadic phone into a practical billfold. enabling secure. fast. and convenient money transportations at the velocity and cost of a text message. Since the launch of GCash. wholly-owned subordinate GXI has established a broad web of local and international spouses that includes authorities bureaus. public-service corporation companies. co-ops. insurance companies. remittal companies . universities. and commercial constitutions which all accept GCash as a agency of payment for merchandises and services. Globe offers assorted top-up or reloading options and installations for prepaid endorsers including prepaid call and text cards. bank channels such as ATMs. recognition cards. and through cyberspace banking. Subscribers can besides top-up at over 786. 000 AutoLoad Max retail merchants nationally. all at low-cost denominations and increases. A consumer-to-consumer top-up installation. Share-A-Load. is besides available to enable endorsers to portion prepaid burden credits via SMS. Globeââ¬â¢s AutoLoad Max and Share-A-Load services are besides available in selected OFW hubs all over the universe. The Company has a trueness and wagess plan called My Rewards. My Globe for Globe Prepaid endorsers and TM Astig Rewards for TM endorsers. Under the plan. and based on a defined marking system. prepaid endorsers earn points based on term of office and reload. Subscribers can utilize their points to deliver wagess including Globe and TM merchandises. travel milage. and gift certifications from taking retail constitutions. Globe Postpaid endorsers outside the lock-up period can besides gain points based on their monthly billed sums and length of stay with Globe. Rewards besides include Globe merchandises. every bit good as measure discounts. appliances. gift certifications. and travel milage. Subscribers have the option to deliver wagess immediately. or accumulate points to avail of higher-value wagess. Redeemed points in a signifier of telecom services is netted out against grosss whereas points redeemed in the signifier of non-telco services such as gift certifications and other merchandises are reflected as selling disbursal. At the terminal of each period. Globe estimations and records the sum of likely hereafter liability for cursed points.
Monday, March 2, 2020
Poseidons Loves and Their Children
Poseidon's Loves and Their Children The Greek god of the sea, Poseidon brother of the gods Zeus and Hades, and of the goddesses Hera, Demeter, and Hestia was associated not just with the sea but also with horses. Its difficult to even for historians to track the myriad lovers and children of the Greek gods. Some estimates put the count at well over a hundred, with the lovers being mostly but not exclusively female. In some cases, ancient authorities differ, so the exact lineage and relationships remain open to debate. Nevertheless, several of the gods various consorts and offspring remain mythologically significant in their own right. Amphitrite,à His Consort Placed somewhere between the Nereidsà and the Oceanids, Amphitrite the daughter of Nereus and Doris never obtained the fame she might have earned as Poseidons consort. Vaguely personified as the sea or seawater, she became the mother of Triton (a merman) and possibly of a daughter, Rhodos.à Other Lovers Poseidon enjoyed the pleasures of the flesh, seeking romance with goddesses, humans, nymphs and other creatures. Not even physical form mattered to him: He could, and often did, transform himself or his lovers into animals so as to hide in plain sight. Aphrodite, goddess of love and beautyAmymone, the blameless Danaid who became an ancestor of the founders of MycenaePelops, king of Pelepponesia and a founder of the Olympic GamesLarissa, a nymph, whose three sons with Poseidon eventually ruled all of ThessalyCanace, a human woman who bore the god five childrenAlcyone, one of the Pleiades, who bore Poseidonà several children Sexual Violence Poseidon, like many of the Greek gods, did not behave with perfect moral rectitude. In fact, many of the stories of Poseidon focus on rape. In the myths, he raped Medusa in the temple of Athena and Athena was so angry she turned Medusa ugly and her hair into snakes. In another story, he raped Caenis and after he fell in love with her, he granted her wish of transforming her into a male warrior named Caeneus. In yet another story, Poseidon pursued the goddess, Demeter. To escape, she turned herself into a mare but he transformed into a stallion and cornered her. Significantà Offspring Some of Poseidons most notable children include: Charybdis, the sea monster who (with Scylla) threatened the Strait of MessinaTheseus, the hero who served as the mythological founder of AthensBellerophon, the hero who captured Pegasus and killed the Chimeraà Polyphemus, the one-eyed giant fromà The OdysseyProcrustes, the villainà who owned an iron bed to which he made his guests fit by means of his hammer Pegasus itself,à the famed winged horse, sprung from Medusas neck when Perseus delivered the fatal blow. Some legends suggest that Poseidon fathered Pegasus, which would have made the horse half-brothers with his captor, Bellerophon. Some legends even suggestà that Poseidon sired the ram that bore the Golden Fleece!
Friday, February 14, 2020
Four stories Essay Example | Topics and Well Written Essays - 1000 words
Four stories - Essay Example So each man was correct from the own perspective, yet each were also wrong, in insisting that his was the only correct version. As the village wise man said, ââ¬Å"Each one of you is correct; and each one of you is wrong.à à Because each one of you had only touched a part of the elephantââ¬â¢s body.à Thus, you only have a partial view of the animal.à If you put your partial views together, you will get an idea of what an elephant looks like.â⬠Thus, here the story relates to our daily experiences, where we tend to see things exclusively from our own viewpoint, while failing to comprehend what others feel about the same issue.à It is essential that we try to understand other peopleââ¬â¢s viewpoints, in order toà get a correct perspective of a certain situation, with judge it with an open and unbiased mind. This is most relevant to the topic of the varying religious views, where all are in search of God, and each with their narrow perspectives view only a par t, and fight with the other, about their varying notions. They fail to understand that it is the same God that they examine, only from a different perspective. Thus, instead of fighting like the blind men, men should work together, on solving the jigsaw puzzle. This would help them to understand God better, while also ensuring that there is peace in this world. Thus, the question that comes into the mind is that, in this modern world, when we see so much of religion related violence around us, is it not time that we stop behaving like the blind men and insist that only our way of viewing the elephant is correct? It is essential that we learn to tolerate and respect other peopleââ¬â¢s views, which would help to would ensure our happiness, while also giving us a complete perspective of the Supreme Being called God. The lost son Theà Lost Son, also known as theà prodigal son, is one of the most famousà parables of Jesus Christ, found in theà Canonical gospelsà of theà Ne w Testament. Here, we find that a younger son after taking his share of inheritance moves to a distance land, where he wastes his entire fortune by squandering away the money (in Gospel of Luke, 15:11-32). After wasting his fortune, the son toils for some time and finally repents. On returning home he is lovingly welcomed back by his father, who says his younger son, had long died, but had finally become alive once more, and had come back home. In the end when the elder son questions his father, as to he who had been staying with him and obeying his instructions throughout, had never had a goat killed in his honour, yet, when the younger son who had abandoned his father comes back, he gets a loving treatment and a calf killed in his honour. Here, we can interpret that the elder son who has been with his father, always had received everything; while the younger son who had left everything to search for something better, had suffered terribly, and now was repenting his prodigal ways, and so must be welcomed back into the fold. Here the elder son views the situation in terms of ââ¬Å"law, merit, and rewardâ⬠(Arland , 2002, 70), while the father representing Divine Love refuses to be bound by any limits to his grace or mercy. Here, what stands out is that, all sinners receive Godââ¬â¢s grace and love, as he repents for his actions. Thus, one can say, to err (or to sin) is human, while to forgive is divine, and any person who is repentant, becomes a part
Saturday, February 1, 2020
Marketing Assignment Example | Topics and Well Written Essays - 250 words
Marketing - Assignment Example I have always been good at oral presentation, but I never thought about working in media relations. The overall results were intriguing but not revealing enough for me to want to switch my current career path. The survey revealed that other people consider that I would be good at criminal justice. I have always liked television shows related to the law such as Law & Order and Harryââ¬â¢s Law. The future course interest section made me think about how I could personalize my education. Some of the courses that were identified in the survey could enhance my educational experience. The survey made me reflect on the grades that I have gotten so far in college. Despite not doing so well in many courses I realized that during those courses I learned a lot. Grades are not the best indicator of how much a person learns in college. Work Cited Page Mymajors.com. 2011. ââ¬Å"Student Advertisement Report & Survey Transcript Prepared for: Yousef Almeer.â⬠29 March 2011.
Friday, January 24, 2020
Leukemia: Cancer of the Blood Essay -- Diseases, Disorders
The river of life, the blood is the bodyââ¬â¢s primary means of transportation. Blood is a part of the hematopoietic system, which also includes lymphatic tissue, bone marrow, and the spleen. Blood is a complex transport medium that performs vital pick-up and delivery services for the body by picking up food and oxygen from the digestive and respiratory systems, and delivering those vital elements to different cells of the body. In exchange of the blood and oxygen, blood then picks up wastes from the cells for delivery to the urinary organs. These functions could not be provided for the individual cells without the blood. Like any other structure of the body, blood can be attacked by many types of disease, such as Leukemia. Leukemia is a general name given to a number of blood cancers that affect the blood. Blood transports hormones, enzymes, buffers, other types of biochemicals that are important in body functions. The blood is made of plasma and formed elements. Plasma is the clear, straw-colored fluidpart of the blood. The formed elements consist of red blood cells, white blood cells, and platelets. The red blood cells (erythrocytes), play a critical role in transporting oxygen and carbon dioxide to various parts of the body, and play an important role in the homeostasis of the acid base balance of the body. The white blood cells (leukocytes), are responsible for cellular defense (phagocytosis of pathogenic microorganisms), humoral defense (secretion of antibodies involved in immune system response and regulation), and play a role in the bodyââ¬â¢s inflammatory response (secretion of Heparin and Histamine). Platelets play an important role in homeostasis of the blood and the coagulation (blood clotting). The average adult has appro... ...efinite way to prevent it from affecting the lives of many people. Fortunately, the medical world has developed many treatment options for the different types of leukemia and many people are able to survive and beat this potentially deadly cancer. Works Cited Bozzone, Donna M. ââ¬Å"Leukemia.â⬠Infobase Publishing Inc. 2009.11-134. CTCA Cancer Treatment Centers & Hospitals.Integrative Cancer Care.Web. 15 Jan 2012. http://cancercenter.com/. Lerner, Adrienne W. ââ¬Å"Leukemia.â⬠Greenhaven Press. 2009. 14-135. Leukemia and Lymphoma Society- Official Website.Web. 23 Jan 2012. http://www.leukemia.org. ââ¬Å"Leukemia- Symptoms, Types, Causes, Diagnosis and Treatment Options for Leukemia.â⬠WebMD- Better Information Better Health.Web. 3 Feb 2012. http://www.webmd.com/cancer/tc/leukemia-topic-overview. Parks, Peggy J. ââ¬Å"Leukemia.â⬠ReferencePoint Press Inc. 2010. 8-73.
Thursday, January 16, 2020
Presidental powers Essay
In 2008, The Supreme Court heard and decided a case involving a fundamental right of citizens, that of habeas corpus. Habeas corpus is the right of an accused person to go before a magistrate (judge) and hear and respond to the charges under which they are being held. In this particular case, Boumediene v. Bush (2008) a number of complications are involved in what at first blush appears to be a relatively simple determination. Throughout history, the Executive Branch has assumed extra-constitutional powers in times of war. A troublesome aspect of this phenomenon is the fact that the Executive Branch itself most often defines the terms and limitations of its own power. Historically, the Executive Branch has acted in times of war as it pleased, pleading the exigencies of war, and has deferred judgments about their actions until after the fact. (Smith, 1997) The Executive has also had an adversarial relationship with both the Legislative and Judicial Branches with respect to these issues. Despite provisions in the constitution designed to avoid such eventualities, the reality is that, in times of war, all the branches of government are complicit in granting the executive branch dictatorial powers, including the ability to suspend habeas corpus. (Smith, 1997) The ââ¬Å"flexingâ⬠of executive muscle during times of war began in the United States as early as 1798. President John Adams encouraged congress to pass the Alien and Sedition Acts, which severely curtailed speech and print criticisms of the government, . Sedition Acts 1798) and gave the Executive the power to deport non-citizens the Executive deemed ââ¬Å"dangerous to the peace and safety of the United States. â⬠(Alien Act 1798) The fact that Congress passed these bills illustrates a number of informative underlying points regarding the issue. First, the Alien Act avoided constitutional conflict by designating as its targets non-citizens. (Alien Act 1798) Also, Congress, as an entity of the governme nt, felt that the Sedition Act served them as well as the executive. (Sedition Acts 1798) A further point here is that the exigent circumstances in this case consisted of an undeclared war. Underlying the logic behind allowing extra-constitutional presidential power during war is the fact that the executive cannot declare war, congress must do this. (Smith, 1997) Thus, the circumstances surrounding the Alien and Sedition Acts initiated a dubious and dangerous precedent wherein the President is allowed to determine when and if a state of war exists in order to exercise extra-constitutional powers. It should be noted that these Acts, and Adamsââ¬â¢ actions under them, did not go unchallenged. (Smith, 1997) They gave particular strength to the Jeffersonian Republicansââ¬â¢ claim that Federalist government exercised too much power. They also provoked Kentucky and Virginia to publish resolutions promoting the notion of State sovereignty. (Virginia and Kentucky Resolutions 1798-9) The outrage caused by these laws became a major factor in Adams loss to Jefferson in the election of 1800. (Smith, 1997) In a sense, then, one could argue that the Constitutional design of frequent elections remedied the abuse of executive power. This argument, however, ignores the failure of the checks and balances system to correct the problem. Ironically, the next President to test the use of extra-constitutional authority during an undeclared war was Thomas Jefferson. Smith, 1997) He attempted to enforce the Embargo Act of 1807 by charging violators with treason. This action was quickly repudiated by the federal courts. (Smith, 1997) In this instance, checks and balances worked. It should be noted, however, that Jefferson only acceded to the will of the Courts because he did not feel it a sufficient cause to ignore them. (Smith, 1997) While Andrew Jacksonââ¬â¢s tenure as president served as a model for ignoring both checks and balances, and statesââ¬â¢ rights, he did not bother to excuse his actions as the exigencies of a state of war(Smith, 1997). This being the case, while his administration did serve to illustrate a great weakness in the system of checks and balances, that of lack of enforcement power, it is not particularly relevant to this thesis. The first president to exercise extra-constitutional power during a declared war was Abraham Lincoln. (Smith, 1997) Lincoln first suspended habeas corpus in areas in rebellion against the United States. One could argue on a legal basis that he did nothing particularly unconstitutional in this case because the areas in question were in rebellion and his authority over them dubious at best. Smith, 1997) However, when Lincolnââ¬â¢s political opponents in the ââ¬Å"loyalâ⬠United States began voicing opposition to his act, he suspended Habeas Corpus throughout the nation in 1862, and began jailing citizens for criticizing his actions. (Lincoln, 1862) Additionally, he began to prosecute American citizens in military tribunal courts for treason, precipitating the death penalty in some cases. (Smith, 1997) It wasnââ¬â¢t until 1866, after the war and Lincolnââ¬â¢s death that the Supreme Court rejected Lincolnââ¬â¢s actions, restored habeas corpus, and set aside a military tribunalââ¬â¢s sentence. Ex parte Milligan, 1866) Denial of the writ, argued Justice Davis for the Court, made it impossible for the accused to attain redress from the admittedly biased military tribunal. (Ex parte Milligan, 1866) During WWII, the issue of individual constitutional rights of citizens during war time again reared its head with Executive Order 9066. This order authorized the Military to designate citizens of Japanese descent as ââ¬Å"dangerousâ⬠, (Roosevelt, 1942)deprive them of property and intern them in relocation camps without charge and with no burden of proof to justify their incarceration. Roosevelt, 1942) This action is frightening for a number of reasons: first, it was aimed at citizens, not non-citizens, it clearly violated several elements of the constitution and virtually every part of the Bill of Rights, (Roosevelt, 1942) it went unchallenged by most of the United States citizenry, and it was essentially upheld by the US Supreme Court in 1944. (Korematsu v. United States) The courtââ¬â¢s defense of the actions taken pursuant to Executive Order 9066, that is, Japanese Exclusion and Interment, was to argue that the exigencies of war made it necessary. The court inexplicably dismissed the notion that the nature of the order itself was racist, and condoned the actions taken under it as necessary for the security of a nation at war. (Korematsu v. United States, 1944) The relationship of the Legislative branch to these circumstances, going all the way back to 1798, is complicit. They passed the sedition acts, passed laws in accordance with Lincolnââ¬â¢s findings, and offered no objections to Rooseveltââ¬â¢s behavior. It wasnââ¬â¢t until the era of Vietnam that the Legislative branch began to actively oppose executive ââ¬Å"overreachingâ⬠using war as an excuse. (Smith, 1997) When Lyndon Johnson, and then Richard Nixon used executive power to expand an unpopular war, Congress responded with the War Powers Act. (1973) This law makes pointed and explicit references to the Constitution and frames itself as restoring the constitutional balance of power by limiting the time and nature with which the President can act militarily without the consent of congress. This is the first time that Congress has recognized the constitutional problems associated with undeclared wars. (War Powers Act, 1973) All of this history is the groundwork upon which executive, judicial and legislative action occurred with respect to the ââ¬Å"war on terrorismâ⬠in the post- 9-11 United States. The Executive has informally redefined the nature of war, and in so doing, has effectively reversed the balance attempted by the War Powers Act. Smith, 2007)The nature of checks and balances, since 2001, has regressed to WWII levels of abuse, but this time without even the nominal justification of a declared war. Political considerations of short-sighted politicians led to the passage and renewal of the Patriot Act of 2001. While most of this law contains reasoned measures to increase domestic security, section 106 contains extremely troublesome language in that it appears to give the executive a ââ¬Å"blank checkâ⬠when dealing in activities that are counter to terrorist activities. It reads, in part: â⬠¦when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes. â⬠ââ¬â Patrio t Act of 2001 HR 3162 RDS (2001) (italics added) Under this umbrella, provisions, such as unwarranted wire taps within the United States become nominally legal. The federal courts, including the Supreme Court, have rallied around some of the provisions of the Patriot Act, while rejecting others. A key part of the act Scrutinized by Supreme Court is the denial of habeas corpus to ââ¬Å"enemy combatantsâ⬠held in Guantanamo Bay. In 2004, the Court determined that such enemy combatants had the right to petition for habeas corpus. (Rasul v.à Bush) The reasoning within the argument held that despite the fact that the area of detention in this case was Guantanamo Bay in Cuba, the U. S. held sufficient Jurisdiction that the right of Habeas Corpus did indeed apply. (Rasul v. Bush, 2004) This case opened the door to detainees challenging the nature of their detention on constitutional grounds. For the first time, the Courts heard circumstances and conditions of detainees and were able to adjudge the constitutionality of these activities. (Smith, 2007) Finally, in 2008, a deeply divided Supreme Court took the final step in securing detainees rights under the constitution by allowing them to appeal their detention to civilian courts. This decision states that the president had acted unconstitutionally in denying civilian due process. (Boumedien v. Bush, 2008) The fact that this case was extremely political in nature, having potentially significant impact on the presidential elections, illustrates a fundamental shift in the balance of power between the three branches of government. The ââ¬Å"power of the purseâ⬠by which Congress could nominally control military actions by directing funding has been blunted by political considerations. Members of Congress cannot advocate cutting or eliminating funding for operations already in progress, since that action would manifestly compromise security, and endanger the lives of US military combatants. To advocate for funding cuts to military operations would be political suicide; thus the pendulum of War Powers has shifted back to the executive. Thought the constitution grants the singular power to declare war to congress, it is frustratingly vague as to what constitutes such a declaration. (Smith, 1997)That ambiguity has been exploited by the Executive Branch to keep the country mired in an unpopular war, and to exercise significant extra-constitutional powers both within and outside of the United States. While the nature of the dynamic between the Legislative and Executive branches in matters pertaining to war have historically been amiable, in the case of Vietnam and afterward, the relationship has been unbalanced and hostile.
Subscribe to:
Posts (Atom)