Habeas Corpus and the Use of Military Tribunals Essay -- American Hist

Habeas Corpus and the Use of Military Tribunals In America Under the Threat of Terrorism Introduction It was on this date one hundred forty two years ago (April 25, 1861), that President Abraham Lincoln sent a letter to Lt. General Winfield Scott authorizing the suspension of â€Å"The Privilege of the Writ of Habeas Corpus† . Lincoln had been president for less than two months and was facing, what was up to that time and arguably may still be the greatest threat to the survival of the United States since the Founding Fathers launched this â€Å"Great Experiment†. Only eleven days earlier Major Robert Anderson, the commander of the federal garrison at Fort Sumter, South Carolina, had to surrender the fort to the Confederate Army. Lincoln was reluctant to issue such an order but had done so as he faced the very real possibility that the Maryland legislature would convene and â€Å"[t]ake action to arm the people of that state against the people of the United States† . Thus began the first of several occasions in our nation’s history where a president when faced with a â€Å"clear and present danger† to our national security has had to balance fulfilling his oath to â€Å"[p]reserve, protect and defend the Constitution†¦Ã¢â‚¬  with the â€Å"privilege† to have any detainment reviewed by a judge or magistrate of competent jurisdiction. Problem Statement How far may law enforcement officials go in compromising civil liberties to enhance national security? What does the Constitution say with respect to the suspension of the civil liberties in times of national emergency? How has the U.S. Supreme Court interpreted the constitution with respect to the suspension of habeas corpus? Few citizens would disagree that national security is a legitimate function of government. First and foremost, our national government is responsible for the protection of life, then liberty. The most ardent champions of the Bill of Rights concede that it would be foolish to treat civil liberties as inviolable when the lives of innocent thousands are at stake. U.S. Supreme Court Justice Robert H. Jackson, dissenting in a free speech case, gave these words of warning regarding civil liberties: â€Å"[T]he choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it will c... ...lue – Freedom. Or it can be an indictment of our fear if we abrogate the liberties so much cherished and so dearly paid for. Bibliography Rehnquist, William H. All the Laws But One, New York: Alfred P. Knopf, 1998 Black’s Law Dictionary. Abridged Seventh Ed., p. 569, West Group, St. Paul, MN (2000) Garret, Buck "The Unconstitutionality of Time Limits Placed on The Great Writ," Prisoner of War in America - http://www.nov.org/garret.May97.htm Rembar, Charles. The Law of the Land: The Evolution of Our Legal System, pp.141 -156, Simon and Schuster, New York, (1981) Kleinfeld, Joshua. "The Union Lincoln Made", p. 24, History Today, Vol. 47, Nov 1997. Authorities and Cases Cited U.S. Constitution, Article 1,  § 9 Terminiello v. Chicago, 337 U.S. 1 (1949) Ex Parte Milligan, 71 U.S. 2 (1866) Ex Parte Quiran, 317 U.S. 1 (1942) Ashcroft, John. Statement to the Press re: The Capture of Jose Padilla, July 10, 2002 Padilla v. Bush, et al., 233 F. Supp. 2d 564 (S.D.N.Y. 2002) Padilla v. Rumsfeld. 233 F. Supp. 2d 564, No. 02 Civ. 4445, 2003 U.S. Dist. (S.D.N.Y. Mar. 11, 2003) Padilla v. Rumsfeld. 233 F. Supp. 2d 564, No. 02 Civ. 4445, 2003 U.S. Dist. (S.D.N.Y. Apr.9, 2003)

Fallacies

I. Fallacies A. What are Fallacies B. Bandwagon Fallacy C. Either – Or Fallacy A fallacy is an error in reasoning in which the evidence given for the conclusion does not provide the needed degree of support. Fallacies are defects that weaken the speaker’s arguments when trying to persuade an audience while speaking. By preparing yourself to look for fallacies in your own and others’ writing you can strengthen your ability to avoid using fallacies.There are two important things to know about fallacies: One, fallacies arguments are very common and can be quite persuasive to the casual reader or listener. Two, it is sometimes hard to determine whether an argument is a fallacy. Your goal when preparing your speech should be to look critically at your own arguments separate them from the weak and move them towards the strong side. A bandwagon fallacy is based on an appeal to popular belief and behavior not on valid and logical points.An argument based on the bandwagon fallacy usually is similar to â€Å"everyone else does this so it must be true† or â€Å"everyone else does this so it must be right. † For instance, a television show is good because it has many viewers is an example of a fallacious bandwagon, because high viewership does not determine if the show is good or not. This can be effective because it suggests that by defying the claim one is defying the beliefs of everyone or of the vast majority of people. Many people are afraid that they will seem unintelligent if they challenge a belief that is supposedly held by most people.Either – Or fallacy occurs when a speaker makes a claim that presents an artificial range of choices when there are actually more options to choose from. Also referred to as false dilemma when someone accidentally or purposefully makes an argument confuses contradictory and contrary propositions. For example, he is breathing or he is not breathing is contradictory. Another example today is M onday or today is Tuesday which is a contrary statement. So basically either –or fallacy limits the listeners choices when they have so much more to choose from.

Discuss the View That Children Always Suffer When Both Parents Work Essay

As more and more parents try to work at the same time, problem arises: Do their children suffer when both of them don’t have enough time to take care of their children? It seems depends much more on the children, especially their attitudes towards this issue. Children will probably suffer a lot when they are young (below 12 years old) and both parents are at work. This is because they are not old enough to take care of themselves. They need their parents’ support, both mentally and physically. If parents neglect the growth of their children, it is quite possible that their children will get some bad habits from outside (eg, friends, medium), as they are not mature enough to distinguish right and wrong. And they need their parents’ consistent guidance to help them to be the best person they can be. Adolescent will suffer if they are not that self-controlled and both parents work. They can easily run wild when both parents don’t pay much attention about them. Their academic results may be adversely affected. Also, lots of problems will arise, such as skipping school, teen pregnancy and smoking. When both parents work, they may not have enough time take care of their children. And it seems that there is a gap between them and their children as they don’t have enough time to interact with their children. They may not take action in time when their children have misbehaved. And these may be reflected in poorer academic performance by the children, less attention given to their children’s health problem and higher rate of behavior problems of their children. However, if the children are well self-controlled and quite positive about the fact that both of their parents work, it seems to be a good chance for them to become more independent. Children at times will need to learn to do things on their own so it will not be a difficult task for them when they reach adulthood. As they may have already learnt lots of important skills (eg: cooking, self-sufficiency), which they have to learn when they become adults. It also leaves their children a space for them to develop independently when both parents work. To support the family is probably the main reason why both parents work. Actually children are benefited from this. When both parents are employed, they are able to earn more money to raise their children and support the family. They can provide a better living surrounding and a better education environment for their children. Of course, children will suffer when both parents work as they may not get enough care from their parents. However, at the same time, they will also benefit in other aspects, such as better education environment and healthcare system. Compared the gain and loses, I think children will lose more than what they have gained. Who wants to live without their parents when they are young, even though they know it maybe for their own good?

Partnership Working Essay

Partnership work is essential when providing person centred support and it also the only way to address some of the govements most challenging long term social objectives. The national services frame work for older people 2001 (24-25) also outlines expectations around integrated working bet between health services and social care agencies working towards a single assessment process and joint commissioning. The health act reinforces the importance of joint working The white paper July 2012 also state about working together long term paths and goals for a single assessment proses all working together to ensure all needs are met and people are in control know where to go and how to access making it easier to get what you need and when preventing delays lack of support the wrong support etc. Change work in partnership and provide the services people need and want in a streamlined and readily accessible manner. When organisations work closely together it has a positive impact on peoples lives. When they develop shared protocols and co-ordinated interventions, people are able to access and use services more easily and effectively. It requires innovation and leadership and leads to reduced time, cost and duplication as well as simplified and accessible services, which improve wellbeing. Successful partnerships need will address the tensions between structures and cultures particularly in relation to national targets. They need to face the challenges associated with integrating services that are based on fundamentally different principles of governance and different types of central and local government accountability. The outcome is always to improve the quality of life and improved health and emotional wellbeing for all individuals using or needed services. At a time when the whole of the public sector must find significant savings, reports are saying: that integrated working across health and social care offers opportunities for efficiencies and improvements to services. Without it there is a risk of duplication and cost shunting where savings made by one organisation or sector create costs for others. And a lack of integrated working means that people are less likely  to receive the best care. Some of the Befits of good partnership working Being able to offer a whole informed service Being able to tap in to resource which other agency hold which leads to a better outcome for the service user Assistance and help from appropriate people single assessment approach†¦ helping the individual reduce the need to repeat their story to different professionals Clear roles and responsibilities Being able to put in place effective and safe practices around confidentiality and information sharing services user has a legal and moral right to know what information is being shared regarding them The sharing of knowledge and good work practices Services user and staff know when to access further support and how to gain that it in turn providing both with more confidence and better service provision and better outcomes for the services user Benefits for people Services designed to meet people’s needs Improved choice and control Independence and inclusion Targeted help Benefits for partnerships Sharing of knowledge and understanding Pools resources Reduced cost, time and duplication Strong local ownership Benefits for organisation Increased capacity to deliver community services Increased satisfaction with the service Improved performance assessment Improving information sharing between professionals. Improving the efficiency of the care system as a whole. Co-ordinating the provision of care. Improving the planning and commissioning of care so that health and social care services complement rather than disrupt each other. Some of the general Problems with partnership working Despite the introduction of government legislation and initiatives during this time to promote closer multi-agency partnership working there is still: A lack of information sharing across agencies and services Duplicated assessments to identify needs and subsequent provision Poorly co-ordinated integrated activities across agencies Too much ‘buck passing’ and referring on of clients between agencies A lack of continuity and inconsistent levels of service provision Unclear accountability. Despite longstanding support for joint working, it has been beset by problems across all client groups that have been found. Delayed discharges from hospital, mainly of older people. These involve cases when a patient cannot leave hospital because of the unavailability of health or social care services in the community or because of administrative issues within hospitals. NHS cuts to continuing healthcare. This has led to disputes between NHS and social care professionals and shunted costs on to councils, who often have to fund care packages for people no longer fully funded by the NHS. The break-up of community mental health teams. In some areas of England councils have withdrawn social care staff from mental health teams, run by mental health trusts, because of cost pressures or concerns over trusts’ approach to issues including adult safeguarding and the  personalisation of care. A lack of NHS engagement in child protection and a lack of co-ordination of health and social care services for children. Pooled budgets have not translated into improved outcomes. Formal partnership arrangements in some areas have been scrapped following disagreements between partners. More generally, barriers to good partnership working include: Health and social care agencies facing different government performance regimes. Health and social care agencies using different IT systems. Cuts in one budget creating demand pressures in the other. Health and social care staff being on different terms and conditions in integrated teams. Policy and legislation on joint working Some of the agency challenges Financial resources: conflicts within or between agencies, a general lack of funding, concerns about sustainability, staffing. Roles and responsibilities: understanding the roles of others, conflicts over areas of responsibility, the need to move beyond existing roles. Non-financial resources: Time, staff, Communication, Being able to talk to the right person at the right time, All parties getting the information, Build the communication link up, Getting the right people together. Professional and agency cultures: Polices and procedure, training, ways of working, finances knowledge Management: how the management work, how they train and inform the staff the working philosophy, support, structure Government plans and initiatives towards partnership working Under section 75 of the NHS Act 2006, NHS bodies and local authorities in England can pool budgets, join together their staff and management structures or delegate commissioning responsibilities to each other. The Local Government and Public Involvement in Health Act 2007 require primary care trusts and local authorities to produce joint strategic needs assessments of the health and well-being of  their populations. This should shape joint planning of services. The Health and Social Care Bill would establish health and well-being boards in every local authority area to co-ordinate the The 10-year plan for social services, published in 2011, also includes plans to drive integration, for instance by requiring councils and health boards to jointly commission and arrange enablement services, to support people to regain independence. Good practice in joint working The while paper No secrets Outcomes inspected by CQC†¦. etc. What is working in partnership and why is it important Partnerships are about a way of working together rather than about a way of meeting together they involve the dissolution of organisational service and sometimes geographical boundaries and are about overcoming the constraints that these can place around effective outcomes and behaviour Partnership is therefore about focusing on objectives and outcomes that require considerable mutual understanding and trust in order to achieve them, including an awareness of the way in which they can contribute to the objectives of each organisation Crucially, this is likely to mean that the activities of individual members and member organisations will be carried out in a way that contributes wider benefits and longer term gains than if they were carried out in isolation. Partnership working is perhaps best seen as a spectrum, ranging from informal networking forums, consulting and sharing an information and intelligence, through to formal strategic alliances where partners come together to achieve common goals by changing the way that they work. It is critical for partnerships to understand where they lie on this spectrum as it will shape the way the partners work together, the commitment required and the achievements expected. There can often be confusions among partners about the nature of the partnership and this can seriously undermine progress. Partnerships should focus on doing those things that only they can do by working together – and that no-one  else can do better or more efficiently on their own. They should ensure that all the required members are round the table and that they are represented at the right level, and that they have ways of drawing on a much wider range of insights, experience, perspectives and expertise. Organisations should encourage and support partnership working across all their staff. They should offer opportunities to develop partnership skills and they should recognise and reward effective partnership behaviour. Good training and information on partnership working to staff so they can ensure good partnership working that they have the knowledge to support the services users and their families to ensure on going best support and practises. The more partnership working we as an organisation can do the more effective safe and services user focused sevice we can deliver. Partnerships need to maintain a strong connection to clients in terms of: Being able to draw on the service user experience of support and the extent to which this helps them make progress in their lives Creating ways of involving service user in the design of services Capturing the difference that services user perceive in the accessibility, quality and coherence of services.

Social Entrepreneurship

There are substantial issues related to social entrepreneurship and how they are dealing with challenges including competition, structure, adapting to a changing economic and social environment, and employee retention and satisfaction. There is a perception by some small businesses that an unfair competition exists because a nonprofit may already be an established agency with resources of their own. They argue that social entrepreneurship may take a significant piece of a limited customer base that is shared by struggling small businesses. Differing views among scholars raise the issue of definition, mission, and validity of social entrepreneurships. In America, some believe that social entrepreneurship must remain in the private sector and operated as a substitute for social welfare. (Bacq & Janssen 2001) Others limit their focus to the social entrepreneur's role within the organization. Bill Drayton of The American Social Innovation School posits that the social entrepreneur's characteristics as a change agent are the central element of social entrepreneurship, while others insist that the organization must remain the primary focus. The mission-centric nature of social entrepreneurship is a point of contention as well. Scholars are divided over the necessity to link the social mission with the financial goals. Some believe that the commercial activities do not need to be connected to the social mission, so long as the revenues are used to fund the social activities. Adam Smith (1976) suggests that businesses, although may have good intentions, are easily dissuaded from the pursuit of social good. Dees and Anderson (2003) also acknowledge the risks of conflicts between having both a social mission and wealth creation objective, admitting that successful examples of such setups are rare in practice. In some instances, as observed by Dees (2012), the social mission can â€Å"be at odds† with profit motives. (Dees, 2012, p. 321). Dacin, Dacin, and Matear (2010, p. 45) also highlight that it is an â€Å"increasingly important concern that all forms of business face: how to weave social and economic concerns into the fabric of organization management, to the mutual satisfaction of stakeholders.† Additionally, Dees and Anderson (2003) suggest that the most significant challenge of operating a for-profit social enterprise is the complexity of combining two opposed objectives which are amplified by the pressures to compromise social mission in pursuit of financial performance. Regarding mission drift, scholars argue that the business model brings more tensions that benefit. They suggest that situations will inevitably arise due to the different objectives leading to a divergence of goals and values. Smith, Gonin & Besharov (2013) point to the â€Å"competing demands† and the â€Å"ethical dilemmas† that are likely to arise in such a situation. Seedco (2007) adds that even though social entrepreneurs have a strong commitment to the social goal, they may be quickly moved from this goal due to increasing financial problems (Seedco 2007).

“he Woman Hanging from the Thirteenth Floor Window”

What would you do if you were given what you thought was the perfect life and it suddenly seemed to turn upside-down? Would you jump to your death or climb back up? â€Å"The Woman Hanging from the Thirteenth Floor Window† by Joy Harjo is a poem about a women who is lost in this big world we live in and trying to find herself while hanging from a thirteenth floor window. While this woman is hanging there she starts to have flashbacks about her life starting from her childhood up until now.The author goes into detail about why this woman is thinking about killing herself because of all the pressures of trying to be some she is not is catching up to her. This poem represents everyday people and how they first have to overcome themselves and their lives before they can truly move on. This poem is about a woman not trying to commit suicide but women who represent bigger picture.The woman represents anyone and everyone who has ever had problems piled up on them, the author uses eth os, pathos and logos to persuade how our social roles constrains who we are as people and because of this the women is hanging by a short thread trying to find herself and put all the piece to the puzzle of her life back together again. This woman hanging from the thirteenth floor is in Chicago, living in an Indian part of the city. â€Å"She sees Lake Michigan lapping at the shores of herself.It is a dizzy hole of water and the rich live in tall glass houses at the edge of it† (Harjo 311). The quote describes how the woman is so frustrated with her like that she takes something so beautiful like Lake Michigan and she turns it into everything she despises. This is a woman not just hanging from the thirteenth floor window, but also from a thread. She is a woman with many responsibilities, she is a mother to three kids, was a wife to the two husbands she has had and a daughter to her parents.This poem is about a woman who is always being stretched between two different people, she fills the responsibility that her family needs her to fill. As this woman is hanging from this thirteenth floor window she is thinking about her life and how her life is no longer just her life â€Å"She thinks of Carlos, of Margaret, of Jimmy. She thinks of her father and of her mother. She thinks of all the women she has been, of all the men. She thinks of the color of her skin, and of the Chicago streets, and of waterfalls and pines. (Harjo 311). This quote describes this woman with many different faces, with various personalities trying to find her-self. This poem is not telling a story of a woman hanging to her death, but a story about a women hanging by a thread thinking about her life, her past, her present and her future. Trying to figure out if she will be a failure to everyone and fall to her demise or will she be able to take all the pressures of the world and make herself stronger and clime back up that wall and be a success.In the poem â€Å"The Woman Hanging From the Thirteenth Floor Window† Joy Harjo is using rhetoric to try and pull the reader into the poem and get us to read in between the lines. Harjo does a great job of using all three ethos, pathos and logos to create a mood of hopelessness in the reader to attract the reader to the story thought the reader’s life experiences. The author Harjo uses Emotion based appeals to show the readers that they can connect to the characters’.She does this by showing the women and how her childhood wasn’t that good and how her life is falling apart as we read, she has no husband yet she has bin married twice and the only thing keeping her alive is her kids, â€Å"She sees other women hanging from many-floored windows counting their lives in the palms of their hands and in the palms of their children's hands. † (Harjo 311). In this quote the woman represents any and every woman that has ever felt like she cant go on because she feels like the weight of the world is on her shoulder.As the story progresses we start to see how the woman feels and we can start to put ourselves in her shoes. The author uses ethical based appeals to help the reader relate to superstations and being stressed. It is significant that the woman is hanging from that floor of this building in Chicago because many buildings do not designate a thirteenth floor due to the fact that the number thirteen is always associated with bad luck. She tries to convince us as readers that the women will â€Å"fall to her death† by adding superstitions that many people believe in.The author uses the woman to get the readers respect so she can convince the reader to respect her so that she would be someone worth listening to. The author also uses logos in her poem. Harjo uses logical based appeals by persuading the readers by the use of reasoning. The way she uses logos in the poem is by implying that if the women can overcome all the diversity in her community, and let her past s lip away and only live in the present and take the good from her life than the woman will live. If the woman can do that than she will fall off the wall and never be abele to clime back up.The author does a grate job of getting to the readers emotions in this poem because everyone will always have problems in their lives and will always have to deal with the pressure of life. The end of this poem is a paradox and leaves you with you own conclusion depending on how you see people. â€Å"She think she remembers listening to her own life break loose, as she falls from the 13th floor window on the east side of Chicago, or as she climbs back up to claim herself again. † (Harjo P. 312). This quote gives the hope that the woman chose to reset her life and to survive.It leaves the reader thinking about how they should change their life or how there will always be stresses in life but to never let that make you loose yourself This poem shows use how our social roles constrain who we a re as people. The poem teaches use how there is always something or someone to live for and how a story may not always have one specific ending but it is how you interpret the ending that makes the story what you want it to be. You learn that your actions don’t just affect you but they affect the world.In this case the woman hanging from the thirteenth floor chose her kids over herself because they were what she lived for. The hole story really takes place in the mind of ever person who has ever bin stressed and said to themselves is my life really worth it to save or not. So at the end in this poem â€Å"The woman hanging from the thirteenth floor window† by Joy Harjo the woman chose to forget everything and clime back up the wall. Life is all about choices and how those choices can shape a persons life.Works Cited Harjo, Joy. â€Å"The Woman Hanging From the 13th Floor Window†. Pearson Custom, NJ: Needham Heights, 2003. 310-312.

How and why did Greek writers, painters and sculptors compare and Essay

How and why did Greek writers, painters and sculptors compare and contrast the values and virtues of Greeks and Barbarians - Essay Example Greek history has uncertain beginnings and varying boundaries because it encompasses eras of expansion over many centuries.In this context Greek authors, artists and sculptors took it for granted that Greek culture was superior to the othercultures When the Greek civilization was at the height of its powers in the archaic and classical periods, from around 800 BC until about 300 BC it ruled vast areas of the Eastern Mediterranean and much further inland, exacting tribute from conquered peoples and passing on its illustrious literature and culture to many other tribes and nations. In this context Greek authors, artists and sculptors simply took it for granted that Greek culture was superior to the cultures that could not demonstrate the advanced technologies that the Greeks possessed. Some cultures like the Egyptians, for example, had great cities, stone monuments and works of literature which earned the respect of the Greeks, but those who preferred a nomadic lifestyle were regarded simply as ‘barbarians.’ Very often this label was used in ignorance, and it served to make as big a distance as possible in Greek minds between those who were within its extended territorial reach, and those who were beyond it. In short, all that was culturally good and proper and admirable was Greek, and all that the barbarian cultures represented was depicted in opposite terms. In modern language we would call this a stereotype, and then, as now, there was some truth in this stereotype, but it was by no means the full story. This paper explores the way that Greeks define and depict themselves and the barbarians through various artefacts including literature, painting and sculpture. It covers the values and the virtues of Greek and of barbarian as seen from the Greek point of view, both positive and negative, as demonstrated through actions and outward appearance. Hall points out that there were hundreds of tragedies written for fifth century Athenian theatre and that more than half of them introduce barbarian characters, choruses and locations, even when there is no need for these details in the main plot: â€Å"Supernumerary foreign characters or choruses, and the ubiquity of allusions to the other, inferior, world beyond Hellas, therefore provide evidence that barbarians were a particular preoccupation of the Greek tragedians. 1 Hall identifies two main areas of difference between Greeks and barbarians. The first is political, thanks to the Greek commitment to democracy as a form of government for a modern state: â€Å"Greeks are democratic and egalitarian; the barbarians are tyrannical and hierarchical†2 although this conveniently overlooks the fact that Greek wealth and leisure to depended upon a large underclass of slaves who were mostly non-Greeks. The second area of difference that Hall observes is harder to define, and lies in the area of psychology and attitude, whereby the barbarian is cast in the role of â€Å"other.† T his notion permeates Greek thinking and this kind of polarization is a tendency which has been present in European history ever since. It is important to remember that our modern understanding of race and nationhood may not exactly match the way that these ideas were understood in early Greek history. Greece was made up of a collection of small city states, and they had ties with the center of Greek culture in Athens, but they also had ties with the geographical areas surrounding them, some of which differed greatly from the Athenian norms. Different Greek cities had different perspectives. Geary notes that the fifth century Greek historian Herodotus indulges in a certain amount of simplistic â€Å"us and them† thinking, but at the same time probes the backgrounds of the peoples such as the Persians whom the Greeks encountered as enemies in long and bitter wars: â€Å"Herodotus invented both history and ethnography.† 3 This is not, however ethnography as we would under stand it today. Geary explains that for Herodotus it is not biological or political factors that connect a group