Analyzing the differing conceptions of separation of power held by Essay

Analyzing the differing conceptions of separation of power held by Publius and Anti-Federalists - Essay Example THE NECESSITY OF SEPARATION OF POWERS The idea of the necessity of limitation of powers within the framework of written Constitution was a basic premise shared by Federalists and Anti-Federalists alike. For instance, Cato argues that â€Å"a general presumption that rulers will govern well is not a sufficient security† (â€Å"Cato†), while Federalist James Madison observes that â€Å"the separate... exercise of the different powers of government... is admitted on all hands to be essential to the preservation of liberty† (â€Å"The Federalist No. 51†). At the same time, there existed views sceptical of universality of separation of powers. Centinel, an Anti-Federalist, considered the scheme of separation of state power into rival branches insufficient for the establishment of a truly democratic government (â€Å"Centinel†). In a sense, both Anti-Federalists and Federalists accepted the necessity of limitation of powers and of delineating the function s of different governmental bodies. Nevertheless, while Federalists ascribed higher qualities to the principle of separation of powers (â€Å"The Federalist No. 47†), the Anti-Federalists viewed it just as one of many, and not the most important, safeguards against the abuse of power. THE SEPARATION OF POWERS AND THE CONSTITUTION According to the Federalists, the separation of powers was to be maintained through the relevant organization of the internal structure of the government. The Federalist authors were convinced that by enabling independent agency to each â€Å"department† of government while simultaneously restricting their ability to interfere in proceedings of the other branches, the institution of truly republican government was perfectly feasible (â€Å"The Federalist No. 51†). Accordingly, the Federalists objected to the idea of recurrence to the people in the event of conflicts between the branches, cautioning against the strengthening of the legis lative power at the expense of the others (â€Å"The Federalist No. 49†). They found the independence of the judiciary especially important, warning against the possible encroachments by the legislature on the aforesaid independence (â€Å"The Federalist No. 78†). Anti-Federalists viewed the model of separation of powers established in the Constitution as abstract, pointing at excessive powers of the Executive and at the mixture of the executive and legislative branches of power found in the Senate (â€Å"Cato†). Both Cato and Centinel regarded the Senate as an aristocratic institution; whereas Cato proposed to institute direct election of the Senators and to establish annual rotation of its members (â€Å"Cato’), Centinel advocated the abolition of the Senate and the House of Representatives in favour of creating unitary federal legislature (â€Å"Centinel†). In short, the Federalists feared the possibility of â€Å"tyranny of majority† ex pressed through the legislative branch and maintained the necessity of curbing the excesses of popular majority (â€Å"The Federalist No. 10†, â€Å"The Federalist No. 49†). The Anti-Federalists, on the other hand, thought that strong Presidency and non-elected Senate undermined the proper distribution of powers and advocated their reform (â€Å"Cato†) or abolition (â€Å"Centinel†). ALTERNATIVE MECHANISMS TO ASSURE THE APPROPRIATE CONDUCT OF PUBLIC OFFICIALS Both Federalists and Anti-Federalists believed in the necessity of

Sexual diversity in schooling Essay Example | Topics and Well Written Essays - 2000 words

Sexual diversity in schooling - Essay Example schools in Australia through the education system about sexual diversity and inculcate in them values such as inclusion, respect for others, and fairness. The fact is, however, that sexual diversity remains a controversial topic and has largely been ignored in the education systems (Herron, & Javier, 2006). This essay will criticize the failure of the school education system to incorporate sexual diversity. The essay will also examine the consequences of failing to address these issues and helping to deal with homophobia among children and young people. According to the Australian Journal of Human Rights, sexual diversity refers to one’s experience of gender identity or transgender that goes beyond the binary or biological notions of being either male or female (Steinberg, 2009). Dr. Tracie O’Keefe originally coined the term in his paper about human rights submitted to Amnesty International in 2002. The term has gained wide usage in many circles within Australia. Sexual diversity mostly aims at celebrating diversity in gender identities as opposed to categorizing people in different sexes or genders. Sexual diversity is also a general term referring to individuals who do not identify with either masculinity or femininity with regard to their gender identity. The term includes different groups such as androgynous, transsexual, transexed, cross dressers or transgender. Other terms popular in various parts of Australia include pan-gendered, sistergirl or brotherboy, and intergender (Dijk, & Driel, 2007). Sexual diversity also includes other minority groups such as lesbians, gays, and bisexuals. These groups of individuals have received widespread discrimination and segregation in the community. Sexual diversity has been a major human rights issue in Australia in the past few years, with cases of homophobia, exclusion being on the rise. The Australian Human Rights Commission (AHRC) has been at the forefront in fighting for inclusion of transgender individuals in

Movies Assignment Example | Topics and Well Written Essays - 250 words - 1

Movies - Assignment Example The words further make the intention of the marketer controversial as they, one way of the other, promote and highlight supremacy and reign of White over the Black (Stuart, 2006). After watching this advertisement, the general perception I drew about the Whites was somewhat grand and physically powerful while the image of Blacks went down to slavery that was ever associated with them. Although it is an advertisement of gaming consoles, the idea about the racial differences remain an important part of this billboard advertisement making it questionable and unacceptable for many viewers. In my opinion, the advertisement is disrespectful to one race and provides a hidden meaning of superiority of Whites over the Blacks that remain discriminatory in its true essence. If someone was to learn about racial dynamics in the U.S. purely through this ad, he/she might think of blacks as socially lower class and disrespected people and Whites as dominant and powerful who may control

Discuss the value of Homers Iliad for the historian Essay - 1

Discuss the value of Homers Iliad for the historian - Essay Example For instance, in book five of the lliad, Pylaimenes who happened to be the king of the Paphlagonians is killed. However, in book thirteen, he reappears mourning the death of his son. This is controversial to historians. Lastly, there exist different and varying interpretations given to particular passages of the lliad resulting into several theories about how the poem was written (Bryant, 21). The poem teaches that, in Greek traditional culture, god and goddesses are literary figures that are involved in man’s life, predicting his future and regularly impeding any endeavor for man to entirely forge his own life. Finally, characteristics of warriors as being courageous and fearless, is brought out. As to conclusion, Homer lived during the Greek Iron Age. However, throughout the lliad, he has made many remarks about weapons being made out of bronze. This clearly shows that the lliad took place during the Bronze Age, which was approximately in 13th century

The Historical Development of the Juvenile Court Essay

The Historical Development of the Juvenile Court - Essay Example In 1825, a refuge institution was opened in New York that was the first of its kind to deal with the juvenile delinquents, followed by the opening of two other institutions of the same kind. The methods of treatment used in these institutions included corporal punishments and heavy labor. Voices were raised against such a treatment of the children and eventually, a juvenile court bill was passed in 1899 in Illinois. The main role of these courts was to rehabilitate and reform neglected children, children who committed offences not deemed appropriate for their age and who committed offences that would be considered crimes if carried out by adults. 2. Discuss the development of due process rights for juveniles through several key U.S. Supreme Court cases. Answer: The U.S. Supreme Court did not recognize procedural restrictions for juvenile courts because of their rehabilitative nature as opposed to punitive nature. But the Gerald Gault case of 1964 set precedent for the subsequent deve lopment of the due process rights for juveniles. In this case, the child was initially institutionalized for six years, the punishment for the similar offence for adults was a mere 50$ or a few months detention. On the appeal of the parents, the Supreme Court reversed the Arizona case decision and the development of due process rights started taking shape. Other significant developments in defining procedural restrictions which resulted from case trials were: the decision in the Mckiever v Pennsylvania case that the states had the right to use jury trials independently in juvenile cases but this was not a constitutional requirement, the Roper v Simmons case which resulted in the minimum age for death penalty being set at 18 years and many other such cases. 3. What are different models used to transfer a juvenile to adult court? Why would a state want to transfer a juvenile out of the juvenile justice system? Answer: There are three models of transferring juveniles to adult courts: a ) Judicial Waiver: It is the instance of transferring a juvenile case to a criminal court due to the transfer or waiver of jurisdiction by the judge himself. b) Concurrent Jurisdiction: It is also known as the Prosecutorial Discretion because in these cases the prosecution has the choice of either filing the case in the juvenile court or the criminal court. c) Statutory Exclusion: The cases where the criminal courts have original jurisdiction, the juvenile cases are transferred through this model. The reason why some of the juvenile cases are transferred to adult courts is that the nature of their offences is extremely violent and the public outrage over some of the offences like school shootings etc. makes it difficult to prosecute them under juvenile due process.  

Motivation based on the Video Case.Dick Learns About Tipping Case Study

Motivation based on the Video .Dick Learns About Tipping - Case Study Example It can either be positive or negative. In the video, Dick Solomon promises the waitress that there is one pile of one dollar bills and calls it ‘potential tip’(stimulant). This indicates that the tip will not just be unleashed for the normal service but for satisfactory service (the desire). He then tells the waitress that if he is pleased, the pile of the tip grows (positive reinforcement). Otherwise if unsatisfied, the pile shrinks (negative stimulus). As the waitress places the drinks on the table, she serves Mary the Dick’s drunk and vice versa. At that point, Dick interchanges the drinks and goes further to penalize the waitress for that mistake as they earlier agreed. The waitress does not know the salad dressings and again the pile shrinks. On bringing the dressings, the first one doesn’t appeal Dick and he goes on to deduct the tip but on tasting the second one, he finds it nice and adds some more bills to the tip. The waitress now more enthusiastic comes with two alternatives of what the two would have for dinner. Dick is dissatisfied by the options and decides to reduce the tip. At that point the waitress reactions show displeasure (the undesirable behavior). The expectancy theory assumes that people will perform better when they believe money will follow effective performance (Spector, p. 235-257). If money has a positive value for an individual, higher performance is expected (the waitress is happy when a tip is proposed). For a staff, outcomes are outcomes that are highly valued and high expectations will direct a person to make greater effort in the task (depicted by the waitress enthusiasm). In this video, Dick’s strategy was not successful. This is depicted where Mary has to come in between Dick and the waitress to be a reconciler. Mary decides to pay the meals as she saw that both Dick and the waitress were unpleased by each other. To increase the success of his attempts to motivate the waitress, Dick could hav e employed the Goal-setting theory of motivation. This theory explains how goal setting importantly relates to job performance. It states that clear and challenging goals with feedback lead to better job performance (Locke, Edwin, & Gary, p388). Goals give direction of what is expected thus indicates the efforts required. In this scenario of Dick, he could have stated from the word go what he specifically wanted. He ordered the drinks well without waiting for the waiter to suggest for him the variety of drinks they served. Similarly, he could have done so for the meal. In so doing, it would have been easier for the waitress to serve them efficiently because the goals are specific, clear, and realistic. The waitress serving her clients was an enough motivator for her to see her clients (Dick and Mary) satisfied. Again, if Dick’s feedback was appropriate as it is advocated for in this theory, the waitress could have served them better. After the waitress mentioned the type of m eal they offered, Dick just rushed to reducing the tip. Instead, he could have explained his displeasure and could have been served well. Tommy and Harry’s behavior was influenced by equity and reinforcement theories. Equity theory advocates the principle of balance, fairness and justice. Ones motivational level is thus measured against his level of perception of equity. In our case, when Tommy is standing he receives tips from two passersby while Harry who is sited receives from one passerby. On realizing this,

Code of Ethics Essay Example for Free

Code of Ethics Essay The primary purpose of a code of ethics is to safeguard the welfare of clients by providing what is in their best interest. It is also designed to safeguard the public and to guide professionals in their work so that they can provide the best service possible. All professional counselors are obligated to perform by a code of ethics. The American Counseling Association (ACA) provides guidance in resolving moral problems that professionals may encounter, whereas Christian counselors not only abide by the ACA Code of Ethics but also by the American Association of Christian Counselors AACC code, which promotes excellence and brings unity to Christian counselors, and gives honor to Jesus Christ. This paper will address the broad similarities and differences between the two codes, as well as comparisons in the specific areas of Confidentiality, Sexual Intimacies and Discrimination. Codes of Ethics Comparison A code of ethics is a systematic statement of ethical standards that represent the moral convictions and guide the practice behavior of a group (Clinton and Ohlschlager, 2002). † With that in mind, every counseling discipline has an ethics code which is continuously revised and updated to stay current with emerging issue, and to promote elevated clarity and direction to the profession. Thus, the ACA and AACC codes of ethics were both created to assist their members to better serve their clients. They also define values and behavioral standards necessary for ethical counseling. Yet while they are similar in intent, they are distinct in their foundational premise. General Similarities and Differences Both codes stress the importance of â€Å"promoting the welfare of consumers, practicing within the scope of one’s competence, doing no harm to the client, protecting client’s confidentiality and privacy, acting ethically and responsibly, avoiding exploitation, and upholding the integrity of the profession by striving for aspirational practice †(Corey, p. 6). However, the biggest difference between the two codes rests in the streams of influence, whereas the AACC code is rooted in a biblical worldview. In other words, the primary goal of the AACC is â€Å"to bring honor to Jesus Christ and his church, promote excellence in Christian counseling and bring unity to Christian counselors† (AACC, 2004). However, the ACA’s goals are educational, scientific, and professional. It strives to enhance the quality of life in society by promoting the development of professional counselors, advancing the counseling profession, and using the profession and practice of counseling to promote respect for human dignity and diversity (ACA, 2005). The primary goal of the AACC is â€Å"to bring honor to Jesus Christ and is church, promote excellence in Christian counseling and bring unity to Christian counselors† (AACC, 2004) Specific Comparisons Both codes express a high priority on client confidentiality. Also, they express the value of discussing and securing written consent from the client. They also both discuss the importance of client disclosure in that protecting confidential communication is always the first response of the counselor. The counselor is mandated to disclose information in life threaten or abusive situations. However, the distinct difference between the AACC and the ACA is in the area of privileged communication. While both associations require that counselors do not disclose client information as it relates to training, research or publication, the AACC adds that â€Å"Christian counselors do not disclose confidential client communications in any supervisory, consultation, teaching, preaching, publishing, or other activity without written or other legal authorization by the client† (AACC, 2004). The ACA and the AACC codes differ greatly in the concept of sexual Intimacies. In fact, The ACA (2005) used the term â€Å"sexual or romantic interactions or relationship†. In other words The ACA (2005) does not forbid, but sets guidelines pertaining to any participation of sexual or romantic interaction with any current or formal clients for a period of 5 years following the last professional contact. However, the AACC declared that all forms of sexual interactions or relationships outside of marriage are unethical. The only exception to this rule is marriage, which the AACC (2004) declared as â€Å"honorable before God†. Thus, guidelines have been appropriated to allow for such a case. In addition, Christian counselors are also forbidden to counsel current or former sexual partners and or marital partners. (AACC, 2004 )Discrimination can result in serious problems for both the people that hold them and the people that they are prejudiced against. Both associations agree that non-discrimination is the best practice, for clients should not be denied service based on age, religion, sexual orientation etc. However, the AACC maintains its biblical perspective in that counselors are to encourage biblical principles. While Christian counselors must not discriminate, they also cannot condone certain practices that conflict with biblical principles. For instance, in the area of sexual orientation, Christian counselors will not deny service. However they will â€Å"encourage sexual celibacy or biblically prescribed sexual behavior while such issues are being addressed† (AACC, 2004). Conclusion There are many similarities and differences relating to the code of ethics for the American Association of Christian Counselors (AACC) and the American Counseling Association (ACA). Through these areas we realize that the code of ethics sets boundaries and regulations for all professional counselors and without them, counselors could not be effective or productive in their true calling.