Constitution
Essays

One seminal question becomes whether Congress constitutionally abrogated the State's 11th Amendment immunity when it passed the self-care leave provision of the 1993 Family and Medical Leave Act? This act required employers of over 50 individuals to allow for up to 12-weeks leave for varying circumstances of family need. Case law, for instance in Nevada v. Hibbs, held that Congress intended the FMLA to superceeed any State protection against legal rammifications if the State failed to allow for the FMLA to be supported to the letter of the law.

Washington Rules: America's Path to Permanent War Washington rules: America's path to permanent war is an indictment of the Washington consensus that positions the U.S. as the World's Big Brother and Policeman. Commencing with the Truman Administration, Bacevich traces the birth, development and maintenance of the Washington consensus built on a credo in which the United States alone must "lead, save, liberate, and ultimately transform the world," along with the "trinity" of global military presence, global power projection and global interventionism. Based on these two elements of credo and trinity, along with the complacency of the American people, the United States has spread its military might around the globe in a so-called "flexible response" thrusting us "into a condition approximating perpetual war" that is costing the country dearly in human and nonhuman resources. Bacevich then suggests solutions in the form of a new credo in which the United States becomes a model of the ideals set forth in our Constitution and Declaration of Independence. He also suggests a new trinity in which America shifts from: a large professional military constantly prepared for war to more of a citizen-warrior force; use of our military for world domination to use of the military for defense and vital interests only; global occupation to withdrawal from areas in which the cost clearly outweighs the benefit. Bacevich's book is widely praised, though problems have been noted. Though chiefly praising Bacevich's book, Gary J. Bass takes issue with: at least one of Bacevich's severe analogies between our policymakers and possibly Hitler; Bacevich's exclusion of examples in which American leaders and the American public acted against the foregone conclusion of the Washington consensus. Gerard De Groot also praises Bacevich's book but believes that Bacevich's belief that the American public can change the current situation is too optimistic. In addition to the criticisms posed by Bass and De Groot, it appears that Bacevich's suggestion of eliminating our large, well-armed professional military is an invitation to a disaster that we were fortunate to miss during World War II. Finally, Bacevich's suggestion of defense-only and vital interest-only use of our military raises significant issues about what constitutes "defense" and "vital interest," as well as the important issue of who will decide what constitutes "defense" and "vital interest." In sum, Bacevich's book raises important perspectives and historical examples that compel the reader to examine and challenge the current Washington consensus; however, the book is also somewhat flawed and/or incomplete.

¶ … negative aspects of drug testing in schools. The Supreme Court has upheld drug testing in schools as legal and permissible, especially among school athletes. However, there are many negative aspects of drug testing…

¶ … Roman Empire could be related to its downfall. The Roman Empire, as stated by the greatest historian Edward Gibbon, "...comprehended the fairest part of the earth and the most civilized portion of mankind..."…

United States of America has faced numerous issues with dress codes of students particularly in its public schools. School boards have shown concern regarding violence, discipline or lewd behavior resulting from certain…

The Pennsylvania Constitution of 1777 was highly democratic, but also controversial. It was instituted in opposition to the existing government and maintained important aspects of freedom and democracy.

Henry W. Jessup (1923) begins his article, "State Rights and Prohibition" by considering the issue of slavery in terms of the Constitution. The author points out that no citizen is above weighing the costs and benefits…

¶ … government has and always will be a tricky sort of business associated almost exclusively with great men of great influence and of great minds. Historically speaking these are often men who can take the best of the…

Liberalism and Conservatism in Contemporary Education

Essay Questions ONE: Impact of Enlightenment on American Culture and Political Life The impact that the Enlightenment had on American culture is significant. In fact the American society that "evolved and is dominant today – including the democratic ideals, capitalism and the scientific method – all "derive from the Enlightenment ideals formulated in England" (Jandt, 2007, p. 184). The emphasis that Americans have on individual liberties and the dominant language in America and the structure of law were the result of the Enlightenment, Jandt explained (184). The author asserts that values related to democracy – including separation of powers (executive, legislative and judicial) – derived from the French philosopher Montesquieu, prominent in the French Enlightenment. Professor Robert Morse Crunden – with the University of Texas – explained that because of the Enlightenment's impact on America, "Educated men revolted against the irrationality and violence of post-Reformation Europe" (Crunden, 1996, p. 31). Those educated men – plus "local clergy, academics, businessmen and professional men" were enlightened, creating new ideas and producing profoundly important documents like the Declaration of Independence and the Constitution (Crunden, 31).