Thursday, November 10, 2011

Is the US House too small?

Facts
1. The US House of Representatives has been at 435 members since 1911
2. The average congressional district now contains roughts 640,000 citizens, as opposed to about 200,000 in 1911
3. The US population is 12.8 percent black and 14.4 percent Latino, but 9.4 percent and 5.1 persent in the US House.
4. Arend Lijphart has argued for 650 seats
5. House is 435 instead of 669 that would now be expected given the US population of 300 million

Questions
1. How often do constituents contact with their member of congress?
2. Why all of a sudden has this question arose?
3. Why can't we change this?
4. Who opposes this and who favors this?
5. Is this logical? If everything has been working why change, which may/will cause chaos?

My Opinion
I believe that the House is fine as it is. If changes are made then chaos may break out. We have too many other issues to worry about and figure out at this point that changing this number is unnessecary right now. Alos, having too many bodies making decisions could cause delay. Too many opinions and people would be chaotic and confusing. I think the way the House is now, is how it should be since there are many other things to worry about.

Representatives' Personal Finances

Bob Casey
Net Worth: From $160,020 to $578,000
Rank: 84th in Senate
Assets: 14 totaling $160,020 to $578,000
Transactions: 3 totaling $45,003 to $150,000

Mike McIntyre
Net Worth: From $68,006 to $196,000
Rank: 349th in House
Assets: 4 totaling $68,006 to $196,000
Knowing members of Congress' personal  finances is beneficial because then we can get an understanding of where their veiws and opinions are coming from. It is very difficult for us to believe that a very wealthy Congressman can represent the common American people and make decisions for the average American. I did not realize so many Congressmen were so wealthy, which makes me wonder how they can make decisions for us. How can these people make decisions that reflect our needs if they don't know what our needs are?

Sunday, November 6, 2011

Due Process

Facts
1. Kevin  Rojas was convicted and charged in 1991
2. Kevin Rojas was sentenced to 15-life in 1992
3.  Lesley Risinger and her mother decided to work on proving Kevin is innocent
4. Only 5% of criminal cases actually have DNA.
5. A death sentence takes 25 years for action to be carried out
6. Texas has more death sentences than any other state.
7. A case can be worked on for 10-15 years
8. 11 of the 44 people convicted have been accused due to false eye witness identification.
9. Jim McCloskey, a member of Centurion Ministries, has freed 44 innocent people in the last 30 years. His group looks for cases that do not include DNA as evidence.
10. It costs about $187 million more to keep someone on death row than in the general population

Questions
1. Was his jacket really enough evidence to prosecute him?
2. What is the longest amount of time a case has been worked on?
3. Why does it take so long for action in a death sentence?
4. Why was Lesley and her mother so interested in proving him innocent?
5. Does false eye witness identification happen often?

Justice Stevens Court Case

Wallace v Jaffree
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=472&invol=38
http://www.oyez.org/cases/1980-1989/1984/1984_83_812

Facts
1. Took place in Alabama
2. Argued December 4, 1984
3. Decided June 4, 1985
4. Jaffree challenged the constitutionality of a 1-minute period of silence in all public schools "for meditation or voluntary prayer."
5. The District Court said that the Establishment Clause of the First Amendment does not prohibit a State from establishing a religion which allows the schools for provide this time
6. However, the supreme court voted: 6 votes for Jaffree, 3 votes against (saying that the moment of silence does not show neutrality of religion)

Question
1. Why did Jaffree challenge this?
2. Was the case related to the Constitution the only reason it made it to the federal court?
3. Why would the District Court say the amendment didn't relate to the States?
4. What were the reasons 3 justices voted against Jaffree?

Justices

1. John G. Roberts was nominated by President George W. Bush.
2. What does Associate Justice mean?
3. Antonin Scalia took his seat September 26, 1986.
4. Anthony M. Kennedy received his B.A. from Stanford University and the London School of Economics, and his LL.B. from Harvard Law School.
5. What are the requirements of being nominated as a Chief Justice?
6. How many women have ever served as a chief justice? Is it more common?
7. How long does the process of selecting and taking the seat take?
8. Is it common for the justices to be professors before being nominated? (Many seemed to be)
9. Clarence Thomas served as Assistant Secretary for Civil Rights, U.S. Department of Education, and as Chairman of the U.S. Equal Employment Opportunity Commission.
10. John Paul Stevens retired from the Supreme Court on June 29, 2010. Who replaced him?

Friday, November 4, 2011

Court Cases

1. Cavazos v. Smith (2011)- Doctors found that a baby died of shaken baby syndrome (SBS). The baby's grandmother said that when the baby did not respond to her touch she picked him up and gave him a little jostle. Smith was arrested and charged with assault on a child resulting in death. She was found guilty. I chose this case beacuse the I wanted to see how they found the evidence and what the outcome was.

2. FCC v. Fox Television Station (2011)- FCC tried to say that TV stations could be fined for foul language during live broadcasted programs. That happened on Fox in 2002 and 2003 when Cher and Nicole Richie cursed during award shows and were not bleeped.
The U.S. Court of Appeals for the Second Circuit said that the regulations were "unconstitutionally vague." I chose this case because we discussed a case like this in class and it caused great debate. I believe that we should be able to regulate this because what if children are watching.

3. AT&T Mobility LLC v Concepcion (2010)- In California AT&T was accused of fraudulent since they offered free phones for new costumers who signed up but charged the costumer sales tax on the retail value of the free phone. When reaching the courts, AT&T was favored because "the Federal Arbitration Act ("FAA") did not expressly or impliedly preempt California law governing unconcionability." (Not exactly sure what that means) I chose this case because technology interests me and this specific case interested me as well.

Wednesday, November 2, 2011

Roe v Wade Handout

Facts/Details
1. Texas urges that life begins at conception and is present throughout pregnancy but it is still a very controversial question
2. The woman's privacy must be measured accordingly.
3. State does have an important and legitimate interest in preserving and protecting the health of a pregnant woman.
4. Also has interest in protecting the potentiality of human life
5. A state may regulate the abortion procedure to the extent that the regulation reasonably relates to the preservation and protection of maternal health.
6. The "compelling" point is approximately the end of the first trimester
7. The constitution does not explicitly mention any right of privacy.
8. The privacy right is present but not absolute and is subject to some limitations
9. It has been argued that laws were the product of a Victorian social concern to discourage illicit sexual conduct.
10. A concern is medical procedures and how abortion is hazardous for women.

Questions
1. Who decides what the "compelling" point is?
2. Can the states decide laws regarding abortion? Should they?
3. Is there anything else in the Constitution that could be used to defend either view point?
4. Were any other cases of abortion found in the Supreme Court?
5. What do the majority of the people and states view on abortion?