Tuesday, October 22, 2019
Presidential Bill Signing Statements - Purposes and Legality
Presidential Bill Signing Statements - Purposes and Legality A bill signing statement is an optional written directive issued by the President of the United States upon signing a bill into law. Signing statements are typically printed along with the text of the bill in the United States Code Congressional and Administrative News (USCCAN). Signing statements typically begin with the phrase ââ¬Å"This bill, which I have signed todayâ⬠¦Ã¢â¬ and continue with a synopsis of the bill and several paragraphs of often-political commentary on how the bill should be enforced. In his article Imperial Presidency 101-the Unitary Executive Theory, Civil Liberties Guide Tom Head refers to presidential signing statements as being documents in which the president signs a bill but also specifies which parts of a bill he or she actually intends to enforce. On the face of it, that sounds terrible. Why even have Congress go through the legislative process if presidents can unilaterally re-write the laws it enacts? Before flatly condemning them, there are some things you need to know about presidential signing statements. Source of the Powerà The presidents legislative power to issue signing statements is based in Article II, Section 1 of the U.S. Constitution, which states that the president shall take Care that the Laws be faithfully executed... Signing statements are considered to be one way in which the president faithfully executes the laws passed by Congress. This interpretation is supported by the U.S. Supreme Courts 1986 decision in the case of Bowsher v. Synar, which held that ... interpreting a law enacted by Congress to implement the legislative mandate is the very essence of execution of the law. Purposes and effect of signing statements In 1993, the Department of Justice attempted to define the four purposes for presidential signing statements and the constitutional legitimacy of each: To simply explain what the bill will do and how it will benefit the people: No controversy here.To instruct the responsible Executive Branch agencies on how the law should be administered: This use of signing statements, says the Justice Department, is constitutional and is upheld by the Supreme Court in Bowsher v. Synar. Executive Branch officials are legally bound by the interpretations contained in presidential signing statements.To define the presidents opinion of the laws constitutionality: More controversial than the first two, this use of the signing statement typically has one of at least three sub-purposes: to identify certain conditions under which the president thinks all or parts of the law could be ruled unconstitutional; to frame the law in a manner that would save it from being declared unconstitutional; to state that the entire law, in the presidents opinion, unconstitutionally usurps his authority and that he will refuse to enforce it.Through Republican and Democrati c administrations, the Department of Justice has consistently advised presidents that the Constitution gives them the authority to refuse to enforce laws they believed to be clearly unconstitutional, and that expressing their intent through a signing statement is a valid exercise of their constitutional authority.On the other hand, it has been argued that it is the presidentââ¬â¢s constitutional duty to veto and refuse to sign bills he or she believes to be unconstitutional. In 1791, Thomas Jefferson, as the nationââ¬â¢s first Secretary of State, advised President George Washington that the veto ââ¬Å"is the shield provided by the constitution to protect against the invasions of the legislature [of] 1. the rights of the Executive 2. of the Judiciary 3. of the states and state legislatures.â⬠Indeed, past presidents including Jefferson and Madison have vetoed bills on constitutional grounds, even though they supported the billsââ¬â¢ underlying purposes. To create a type of legislative history intended to be used by the courts in future interpretations of the law: Criticized as an attempt by the president to actually invade Congress turf by taking an active part in the law-making process, this is clearly the most controversial of all the uses for signing statements. The president, they argue, attempts to amend legislation passed by Congress through this type of signing statement. According to the Justice Department, the legislative history signing statement originated in the Reagan Administration. In 1986, then-Attorney General Meese entered into an arrangement with the West Publishing Company to have presidential signing statements published for the first time in the U.S. Code Congressional and Administrative News, the standard collection of legislative history. Attorney General Meese explained the purpose of his actions as follows: To make sure that the Presidents own understanding of whats in a bill is the same . . . or is given consideration at the time of statutory construction later on by a court, we have now arranged with the West Publishing Company that the presidential statement on the signing of a bill will accompany the legislative history from Congress so that all can be available to the court for future construction of what that statute really means. The Department of Justice offers views both supporting and condemning presidential signing statements through which presidents seems to take an active role in the lawmaking process: In Support of Signing Statementsà à The president has a constitutional right and political duty to play a integral role in the legislative process. Article II, Section 3 of the Constitution requires that the president shall from time to time recommend to [Congress] Consideration such Measures as he shall judge necessary and expedient. Further, Article I, Section 7 requires that to become and actual law, a bill requires the presidents signature. If he [the president] approve it he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated. In his widely acclaimed The American Presidency, 110 (2d ed. 1960), author Clinton Rossiter, suggests that over time, the president has become a sort of prime minister or third House of Congress. . . . [H]e is now expected to make detailed recommendations in the form of messages and proposed bills, to watch them closely in their tortuous progress on the floor and in committee in each house, and to use every honorable means within his power to persuade . . . Congress to give him what he wanted in the first place. Thus, suggests the Justice Department, it may be appropriate for the president, through signing statements, to explain what his (and Congress) intention was in making the law and how it will be implemented, particularly if the administration had originated the legislation or played a significant part in moving it through Congress. Opposing Signing Statements The argument against a president using signing statements to alter Congress intent as to meaning and enforcement of new laws is once again based in the constitution. Article I, Section 1 clearly states, All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Not in a Senate and House and a president. Along the long road of committee consideration, floor debate, roll call votes, conference committees, more debate and more votes, the Congress alone creates the legislative history of a bill. It can also be argued that by attempting to reinterpret or even nullify parts of a bill which he has signed, the president is exercising a type of line-item veto, a power not currently bestowed on presidents. Tough the practice pre-dates his administration, some of the signing statements issued by President George W. Bush were criticized for including language that too extensively changing the meaning of the bill. In July 2006, a task force of the American Bar Association stated that the use of signing statements to modify the meaning of duly enacted laws serves to ââ¬Å"undermine the rule of law and our constitutional system of separation of powers.â⬠Summary The recent use of presidential signing statements to functionally amend legislation passed by Congress remains controversial and is arguably not within the scope of powers granted to the president by the Constitution. The other less controversial uses of signing statements are legitimate, can be defended under the Constitution and can be useful in the long-term administration of our laws. Like any other power, however, the power of presidential signing statements can be abused.
Monday, October 21, 2019
Narrative Paper on Just off Main Street by Elmaz Abinader Essay Example
Narrative Paper on Just off Main Street by Elmaz Abinader Essay Example Narrative Paper on Just off Main Street by Elmaz Abinader Paper Narrative Paper on Just off Main Street by Elmaz Abinader Paper Essay Topic: Main Street Breaking Barriers: Acceptance of Exoticization In her essay Just off Main Street, published by the United States Department of State, Elmaz Abinader stresses the importance of embracing cultural differences. Abinader precisely describes her struggles as an Arab-American attempting to stay true to her two worlds: the American society and her Lebanese culture. As an Armenian I can directly relate to almost every instance Abinader depicts throughout her essay. Abinaders words and descriptions clearly outline the context of her two worlds. For example, a key symbol Abinader consistently mentions is the magic door r portal that separates the outside and inside world (par 1). Through her descriptions, comparisons, and cultural concepts, Adinader creates worlds of meaning between her former portal and the outside world by eliminating the ignorance and sparking a domino effect of acceptance to all Middle Eastern cultures. In her first paragraph, Abinader sets up the norms in todays society. She uses the word standard which immediately causes the reader to picture the typical American community. The first paragraph signaled for a comparison between Abinaders community and her home life. When she states, From the face of it, our businesses looked like any others, I understand that her family is attempting to put up a front in order to blend in (par 2). When Abinader states, my father and my uncle stood in the doorways of their establishments, her use of the word establishments has meaning to me. Most individuals of Middle Eastern, European decent are very hardworking and take their possessions and accomplishments seriously. These cultures have an ideology encompassing strong pride, because in historical situations they have been criticized and undermined. On April 24, 191 5 the Ottoman Turks killed over 1. 5 million Armenians. This tragedy is referred to as the Armenian genocide. However, till this day the Turks and several uninformed individuals deny that it occurred. This denial serves as a perfect example as to why Middle Eastern, Europeans stay close to their culture and have pride. They yearn for a sense of belonging (par 12). Abinader speaks of the belonging and Joy her family scenes brought her, yet she could not share this Joy with those on the other side of the door because of their lack of acceptance (par 12). The description of Abinaders peers, Jeannie and Renee, precisely contrast the two lives on either side of the magic door. Abinader describes her fascination of the shiny bikes with streamers and the collection of Barbie doll paraphernalia. Her fascination and her description of the after-school duties she would partake in created a stark contrast between her and her classmates. Why is different looked upon negatively? The reason Abinader was ridiculed on the playground was not specifically because of her dark hair or her ape like arms (par 4). The ridicule occurred due to her differences; she was exotic. Just off Main Street, incorporated an abundance of cultural elements. Abinaders parents may seem strict to the average American due to their after-school duties or round puffy disks she had Just baked (par 6). However, if one understands the Middle Eastern, European culture, they would know that Abinaders parents are structured and focused people. They dont give their children responsibilities at an early age to punish them; instead, they do this to introduce the cultures morals and alues. Other cultural aspects included in Abinaders essay were her descriptions of the Arabic dishes, the music and dancing in circles, and the stories told from the old days (par 10). All of these elements play a part in creating that home or feeling of belonging which I sense during my own family gatherings (par 21). Yet, Abinader could not mesh her two worlds due to the ridicule she already went through before cracking open her magical door. Similar to Abinader, I found it extremely difficult going through elementary and iddle school known as that foreign girl with a big nose and parents with strong accents. My magic door was always shut until the last couple years of high school. In high school and college, we try to find ourselves, or something that we can distinguish ourselves with. During these years, both, Abinader and I realized that being Middle Eastern is something to embrace and to share with others. It was not until Abinader studied at the University of Pittsburgh that she could finally open the threshold between her two worlds (par 13). The Syria-Lebanese room housed in the English Department revealed all of the beautiful things about Abinaders culture such as the Persian rug designs and the glass multi-colored lights (par 14). As soon as she recognized the appreciation and fascination her peers had of this room that she was associated with, Abinader felt a sense of pride, which inspired her to embrace her culture through literature (par 14). Adinader not only inspires young Arabic writers, but she also inspires young writers of any Middle Eastern, European decent to continue spreading the knowledge to those who are unfamiliar with the Middle Eastern culture. It is through the acceptance from others that we will truly be able to express ourselves and let down our guards. Its difficult to imagine any Middle Eastern individual to not want to inform the public of their cultures rich history. It saddens me that at times these individuals are forced to put up that magic door due to negative thoughts of these cultures or political controversies. However, through more education, we will finally be able to understand and accept one another opening all barriers that prevent worlds of meaning.
Sunday, October 20, 2019
Come With
Come With Come With Come With By Maeve Maddox ââ¬Å"Iââ¬â¢m going to the movies. Do you want to come with?â⬠A reader in England has noticed that this elliptical use of ââ¬Å"come withâ⬠on British television and doesnââ¬â¢t care for it: I find it to be an expression I prefer not to use, as it sounds grammatically wrong and very odd, even though, were I in Germany, I would automatically and happily use the equivalent expression Kommen sie mit. Do you know the age of the English Come with? There is an example in the OED of a 19th century elliptical use of with without an object: in slang use, in reference to liquor means mixed with sugar, having sugar added; usually in phrases hot or cold with. 1836à à Dickens Sketches by Boz 1st Ser. I. 84à à Two glasses of rum-and-water ââ¬Ëwarm with- ââ¬â¢. 1843à à R. S. Surtees Handley Cross I. x. 202à à Fatch me up a glass of cold sherry negus with. 1843à à R. S. Surtees Handley Cross I. xv. 322à à ââ¬ËTake a glass of brandy,ââ¬â¢ said she ââ¬Ëhot with? or cold without?ââ¬â¢ Where did the modern usage originate? The readerââ¬â¢s mention of German ââ¬Å"Kommen sie mit,â⬠points to the answer. Large numbers of German, Norwegian, Swedish, and Dutch immigrants to the U.S. settled in the midwest, near the Great Lakes. ââ¬Å"Kommen sie mitâ⬠migrated into the local English dialect. English is, after all, a Germanic language. Old English mid, meaning ââ¬Å"with,â⬠survived into Middle English and was sometimes spelled mit. Many American speakers dislike the usage as well: Why do people say, ââ¬Å"Can I come withâ⬠and ââ¬Å"Do you want to go withâ⬠? That ââ¬Å"withâ⬠hanging on the end of the sentence has always driven me crazy. That reaction seems a bit extreme. My Chicago relations say it. I find it odd, but endearing. It is, however, a regionalism that has not acquired the status of standard English. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Expressions category, check our popular posts, or choose a related post below:7 Examples of Passive Voice (And How To Fix Them)Between vs. In Between50 Synonyms for "Song"
Saturday, October 19, 2019
Assignment B wk3 Essay Example | Topics and Well Written Essays - 750 words
Assignment B wk3 - Essay Example It is biblically that God is a God of truth and His reverence must be in observance with that truth. To worship refers to demonstrate honor and respect to God, and at what moment in his physical presence, that denotes to prostrate oneself in a way in which one demonstrates his supremacy over oneself (MacArthur, 1983). Worshipping in truth is to show adoration to him in human nature through the actions. The concept of praising God in spirit and truth generates from Jesusââ¬â¢ discussion with the lady at the well in John 4. In the discussion, the lady was talk about places of worship with Jesus, claiming that the Samaritans worshipped at Mount Gerizim while the Jews prayed at Jerusalem. Jesus had just demonstrated that He understood about her numerous spouses, also the fact that the present man she stayed with was not her spouse (MacArthur, 1983). This made her uneasy, so she tried to sidetrack His attention from her private life to issues of religion. Jesus did not get distracted from His session on right worship and got to the core of the issue when he said that the hour was coming, and it was already time, when the true worshipers would adore God in truth and spirit, for God needs such to worship Him in John 4. The overall message concerning worshipping God in spirit and truth is that adoration of the Father is not to be restricted to a solitary geographical site or essentially controlled by the temporary requirements of bible law (MacArthur, 1983). With the presence of Christ, the severance between Gentile and Jew was no longer pertinent, nor was the site of worship as the temple. With the Christ, all of Godââ¬â¢s believers gained equivalent admission to God through Jesus. Worship became an issue of the spirit, not outside actions, and bound for by reality rather than ceremonial. True worship ought to be in spirit that
Friday, October 18, 2019
References Research Paper Example | Topics and Well Written Essays - 750 words
References - Research Paper Example To mitigate the risk of lacking industry personnel and laborers, robots have been created with the ability to perform duties of people in manufacturing plants and factories. The robot has revolutionized industries. Tough activities are carried out by robots in that they never get tired. All they require is enough power to complete the tasks assigned. ââ¬Å"They also do not require salaries and reduce the cost of paying staff in production plants.â⬠(Richardson, 2007). These robots have been used in production lines to build cars, sort materials and work in hazardous regions that cannot be accessed by human beings without risking their health or life. Richardson (2007) notes that there is a risky trend in the population of people that could jeopardize the employment sector. ââ¬Å"The number of people aged over 65 years old in the US will be more than 20 percent of the countryââ¬â¢s entire population.â⬠These statistics mean that there will be a reduced labor force. As s uch, it might be necessary to have robots that are smart and intelligent enough to take over some duties performed by human beings. Having seen the fact that people are aging and not leaving behind a young generation that can fully replace them, it is important to also look at the fact that old people get sick quite easily. These illnesses include stroke, hypertension and diabetes, among others. With such kinds of illnesses, old people cannot work well, let alone take care of themselves. Thus, engineers have created robots that can emulate doctors and nurses so as to take care of the sick people. These robots include automatic wheel chairs that are intelligent enough to take one to the place they would like to go without any physical effort from the patient. Others communicate with patients and even give them their regular medicines according to the prescribed dosage. Cristina (2004), in her analysis of the attitudes towards the use of social robots in
My Dog Essay Example | Topics and Well Written Essays - 500 words
My Dog - Essay Example When I returned from the study tour, as I neared the house, the first thing that I expected was about the welcome that would be in store for me by Whiteâ⬠¦..instead, the grim face of my sister standing at the gate shocked me!"Where are Mom and Dad? And what about White? Have all of them gone for shopping?â⬠à ââ¬Å"Mom and Dad are sitting in the drawing room!â⬠she said grimly and she began to sob. I ran in the direction of the house like an ace sprinter, and landed in the drawing room, gasping. Mom and dad embraced meâ⬠¦.Mom said weakly, ââ¬Å"â⬠¦.and your White is resting forever!" I literally grabbed my sister by the collar and asked, ââ¬Å"Tell me â⬠¦tell me, what happened to White!â⬠â⬠¦Ã¢â¬ ¦Mom gave the details. ââ¬Å"That day, we engaged a chauffeur to go shopping and we wished to take your new car. As soon as White saw the chauffeur at the wheels, she went wild and as he opened the door, she flung herself on him. We tried our best to c alm her down and I tried to hold her firmly. As the driver was taking the car out of the garage, she managed to wriggle out of my grip and leaped towards the car and came under the wheels unnoticed by the chauffeur. She died instantly, with no chance of providing any medical attention to her!â⬠The loss White is an unacceptable reality for me in life. I always recall how she did the ultimate commitment to me, by offering her life itself, for what she thought was incorrect- a stranger taking away the car of her dear master.
Thursday, October 17, 2019
Cardiac Rehabilitation Essay Example | Topics and Well Written Essays - 3000 words
Cardiac Rehabilitation - Essay Example The procedure, however convenient it may seem, results to back pain and discomfort due to the length of immobile bed rest so that complications such as bleeding may be prevented. There have been many efforts to improve the situation and many nurse researchers have come up with studies that testify to the possibility of shorter length of immobility and methods that further shorten hospital stay. Other concerns were also investigated including the personal side of the issue as viewed from the eyes of the patient. In this literature review, we present almost a timeline of published studies and see the many developments in cardiac rehabilitation with regards to post procedure care and treatment. The types of scholarship included here maybe empirical, theoretical, critical/analytic, or methodological in nature. This literature review seeks to describe, summarize, evaluate, clarify or integrate the content of primary reports. When we are dealing with the care of those who have experienced Percutaneous Corornary Intervention (PCI) and other cardiac rehabilitation procedures, we find it necessary to discuss how much bed rest is needed as to ensure the path to recovery and health of the patient. The main disadvantage of PTCA as compared to open heart surgery... and the associated post-procedure anticoagulation therapy require remaining in a supine position and long bed rest which took almost 24 hours post procedure. A study by Gulanick and colleagues (1997) detailed the angioplasty experience of patients. By conducting focus-group interviews on 45 patients, they were able to determine the feedback regarding hospital experience, home recovery process, restenosis concerns, need for health information, facilitators/barriers for reductions of risk factors and suggestions for nursing interventions to facilitate recovery. What they found out to be the most pressing concern was the back and leg discomfort from remaining in a supine position for too long. The participants suggested many nursing interventions such as bed exercise, use of an air mattress, back rubs and early walking. 2.3 Length of Bed Rest There have been several studies conducted on how to lessen the discomforts regarding bed rest. Vaught and Ostrow (2000) provided a thorough overview of past studies regarding this concern in their article "Bed rest after percutaneous transluminal coronary angioplasty: How much is enough" As this is the case, we mention some of the studies that were discussed in the article. The reader is made aware of the fact that the studies to be mentioned are not the work of the author per se but a collection of studies by different researchers. With regards to how much time is needed for bed rest after PTCA, the mailed cross sectional survey of Peet and colleagues (1995) of 35 hospitals in Canada (30 responded) indicated that almost 75% of the hospitals were practicing a maximum of 8 hours of length of bed rest. Fowlow and colleagues (1995) conducted a research study to determine whether their institution's standard 8 hours of bed rest could
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