The Eighth Amendment

As I have suggested elsewhere, clarifying and expanding the eighth amendment could help.  It should specifically state that excessive terms of incarceration are prohibited, just as it bans excessive fines.  it should expressly prohibit mandatory sentences so that every case gets the benefit of individualized attention by a judge.  and it should insist that legislatures create a record showing that they considered empirical evidence about the laws impact.


When we read as to how the eighth amendment came to life we need to go back in time.  the first time this amendment was first ratified was in 1791, was it to be created for everyone to have a fair and just treatment.  as per the definition in the eight amendment it states the following:
 Courts - given wide latitude & excessive fine clause it symbolizes they can impose the fine amounts from just a small amount all the way to the highest amount.
Weight of evidence -  they can accept all or only certain specific evidence in order to have the defendant convicted or set free.  we can debate and debate and what would be the solution. Many time the Judiciary system does not favor innocent. how many times have we heard as to many convicted felons set free because evidence that was to have been introduced that could have set the defendant free have lost years of freedom. we have seen the laws are more in favor the powers that be (wealthy), yet unlike today we are seeing how things have shifted from the powerful are being treated just like the common people.
Excessive Force- To inflict pain and suffering in the sense of mental, intimidation and coercion, rights not read, attorney not present.  there are many excessive force tactics used throughout the system. and until the system is balanced this is just a waiting game where many are to this day suffering due to injustice within a system they believed was balanced and truthful.

The constitution and the Federalist (Part 1)

September 25, 2014

     The Articles of Confederation established the first system of government, first ratified in 1777 and again in 1781.  The period between 1783-1789 the government was organized according to the Articles of Confederation. Notably, this system of government had no president, there was a Congress of the Confederation but there was only one branch or house, instead of two, and there was no supreme court.   The 13 states which were really more like separate countries at this point and had very broad powers, maintained their own state militias, and in many cases even printed their own money and came up with their own rules on trade.  The general consensus on this period or time was that the government was weak and ineffective and as a result of this conflict and disorder was increasing within the states and even between the states.  

  

In the 21st century we have established a government that has laws in order not to cause a dysfunctional system. Without laws there is not a single step of representation.  In this article there are key points and they are:  there is no president, only one branch of government, not two,  no supreme court, only 13 states, separation of states (their own country), militias, and so forth.

  We see that there was a dysfunction and the first system was established to save the 13 States. Each state felt their power would control and continue for their benefit. this system was to become the pivotal point in history to establish unification of the thirteen states.  these Articles of Confederation became the most important document accomplished as to how each state needs to perform and have equal say so.  Today we have Washington D.C. and each state has representation within the 50 states.  We have a President, Vice President, Secretary and treasurer, and many more that represents this country along with the Supreme court, two House of  representatives and so much more that makes this unique.  

this country began with nothing.  Then there were 13 colonies, yet they grew and grew and today we have 50 states, representation in order to conduct business not for the politicians, yet for the people of this country we live, work and vote.

submitted by: Jannette Alcala  

Democracy in America

Democracy in America

  Thus the Americans are in an exceptional situation, and it is unlikely that any other democratic people will be similarly placed.  Their strictly Puritan origin; their exclusively commercial habits; even the country they inhibit, which seems to divert their minds from the study of science, literature and the arts;  the accessibility  of Europe, which allows them to neglect these things without relapsing into barbarism -a thousand special causes, of which I have indicated only the most important, have singularly concurred to fix the mind of the American on purely practical objects.  his desires, needs, education, and circumstances all seem united to draw the American's mind earthward.  Only religion from time to time makes him turn transient and distracted glance toward heaven.
   We should therefore give up looking at all democratic peoples through American spectacles and try at last to see them as the actually are(Tocqueville 2000, pp.455-56)

  when Chesterton wrote this essay he wrote it not as a citizen, he wrote this based on his observation and judgment that all Americans at that time were more into gaining wealth and not thinking towards the most fundamental aspect of living in a country as ours.   we must reflect towards the past and how hard it was to begin a new life in a strange country.  many felt that religion can become the only thing that would remove their sins and God has forgiven them.
The wealthy began to acquire much more and the poor were just that, poor.  the wealthy were interested within the spectacle of Wealth, Education at the best Schools (private) and it was a making of what is defined as the  mindset of the wealthy, only they can decide if you belonged within their social circles.
  looking in a mirror of self reflection would scare them.  Why?  because if they  could see who they truly are it would be a scary sight!!!!