Constitutional Law Essay Example for Free

Constitutional Law Essay Constitutional Law May be deemed elusive and immaterial when the constitutions in Consideration are either dead, hogwash and unrealistic. Critically analyze the above statement using relevant case law and statutory provisions. In looking at the above statement, I will attempt to define constitution, Constitution Law and constitutionalism and try to look into how the governments of the world especially Africa and the West, more specifically Kenya and the United states of America have tried to uphold constitutionalism and on the other hand how lack of it has brought the disregard of the constitutions by in most cases, the ruling elites and hence the statement† Constitutional Law May be deemed elusive and immaterial when the constitutions in Consideration are either dead, hogwash and unrealistic†. A constitution is a set of laws either written or unwritten that govern the relationship between the different organs of a government that is the Executive, Judiciary and the Legislature and the relationship between the government and the governed in a given state or country. This is the supreme law of any given state. Constitutional Law is that branch of law that governs and guides constitutional interpretation and implementation as well as sets down the relationship between different entities of a state namely the executive, the legislature and the judiciary. It is essentially a body of law derived from a countrys written constitution that lays down and guides the duties and powers of the government, and the duties and rights of its citizens and residents. All States can be said to have some form of norm that governs the relationship between the arms of the government and a government and its people, however the problem comes in in implementation of the said norms.

Immigration to Canada :: Canadian Canada History

Immigration to Canada Early immigration to Canada was generated by a network of emigration agents who were salesman who advertised to Canada's attraction's to prospected immigrants. They targeted wealthy farmers, agricultural laborers and female domestics, preferably from Great Britain, the United States and Northern Europe. Canada's first immigration legislation, the Immigration Act of 1869 reflected the laissez-faire philosophy of the time by not saying which classes of immigrants should be admitted but , merely that the "governor" could prohibit the landing of pauper or destitute immigrants at any Canadian port. The Chinese, who were arriving in large numbers to build the railway, were a special target of fear and suspicion. An act passed in 1885 to "restrict and regulate" Chinese immigration, was later complemented by head taxes designed to discourage Chinese immigration. It wasn't until the 1960's that regulations and restriction to Chinese immigration were completely lifted. The 19th century closed with a world wide depression and a slow down of immigration to the West. But all that changed in 1895, when Clifford Sifton was appointed as Minister of the Interior at the start of an economic recovery. Sifton believed that "a stalwart peasant in sheep skin coat" made the most desirable immigrant , and set out to attract people suited for farming, In 1896, 16,835 immigrants entered Canada. When Sifton left in 1905, the population was 141,464. It rocketed to 400,970 by 1913. Some three million newcomers arrived between 1896 and the outbreak of World War 1. But Sifton's policies triggered criticism, despite success in attracting farmers. Immigration from central and southeastern Europe raised a ground swell of hostility on the prairies because residents didn't believe theses newcomers could assimilate readily into the dominant Anglo-Saxon society. The authorities wanted to keep African-Canadians out of Canada because they thought that they were useless to Canada.

Examining Social Structure Theory Essay

For the purpose of this paper in examining theories, I have chosen to view the Tent City, AZ video. â€Å"Located in the desert near downtown Phoenix, Tent City houses 2,000 inmates in canvas tents† (Films Media Group, 2007). Conditions are difficult for the inmates, and since there are no prison bars, maintaining control over the inmates is a constant concern for the guards (Films Media Group, 2007). I will show that the content of the video should be appropriately acknowledged as well as studied using a social structure theoretical application. I will review the social disorganization theory, the strain theory, and the culture conflict theory, and how they supported the social structure theory in relation to Tent City. I will identify the primary subjects of the video, and the social issues that are raised for the inmates in the Tent City facility. Additionally, I will examine the major principles of sociological theories and the ramifications of social process change. Letâ €™s begin with an explanation of the social structure theory and some examples from the video that supports these theories. Supporting Social Structure Theory In watching the Tent City video, it is apparent that it follows the social structure theory. The subcultures that are created by dividing the inmates into racial groups comes with some protection for the inmates from those in their racial group, but this protection can come with a price (Films Media Group, 2007). According to the text, there are three major types of theories that support the social structure theories. They include the social disorganization theory, strain theory, and culture conflict theory (Schmalleger, 2012, â€Å"Social Structures Theories/Types of Social Structure Theories†). The text goes on to explain that the â€Å"Social disorganization theory (which depicts social change, social conflict and lack of social  consensus as the root causes of crime and deviance)† (Schmalleger, 2012, â€Å"Social Structures Theories/Social Disorganization Theory†). The strain theory is defined â€Å"as the pressure that individuals feel to reach socially d etermined goals† (Schmalleger, 2012, â€Å"Social Structures Theories/Strain Theory†). The culture conflict theory â€Å"suggests that the root cause of criminality can be found in a clash of values between differently socialized groups over what is acceptable or proper behavior† (Schmalleger, 2012, â€Å"Social Structures Theories/Culture Conflict Theory†). The social disorganization theory, the strain theory, and the culture conflict theory are supported in this video by the following examples. The social disorganization theory is supported in the Tent City video by the segregation of inmates being housed with their same racial group. This causes the groups to stick to themselves for reasons of safety and protection from other racial groups and gives each group a sense of belonging and fitting in. The inmates are expected to follow the rules that include avoidance of involvement with contraband. The contraband is used by the inmates to get things such as money, commissary items, and power or status within their racial group as well as to the other racial groups. The strain theory is supported in the video because the restrictions of inmate belongings are enormous. The inmates are deprived of many things including condiments, tobacco, drugs, and anything that can be used to construct weapons. The inmates are subjected to frequent but random searches by the guards and the Special Response Team (SRT). They are often stripped down to their under ware during the searches, which gives the inmates negative feelings, and reduces their self-esteem as they are forced to cower to the guards. Additionally, the restrictions put strain on the inmates, causing some to disobey the rules, which puts them in a position of acting deviant to gain the things they desire. While, to some degree the inmates must depend on other inmates for safety, protection, and contraband items, they each know that they are on their own. The culture conflict theory is supported in the video in the aspect of racial segregation. This causes power and status struggles between the racial groups as they are struggling to survive their incarceration while attempting to maintain some form of self-worth. Primary Subject of Video The primary subject of this video is keeping control of the facility with the use of zero tolerance policies for the inmates of Tent City. It focuses on a new inmate named Ryan Merlina, who was â€Å"convicted of forgery, burglary, and most recently, possession of methamphetamine† (Films Media Group, 2007). Merlina, who has a long history of drug use and has been in and out of the juvenile system for a considerable amount of his teen years, at age nineteen came to Tent City, an adult facility (Films Media Group, 2007). In addition to the videos depiction of the circumstances faced by staff and inmates, it chronicles Merlinas’ personal struggles with his journey through incarceration at Tent City. On an Internet video, Films Media Group (2007) states that, the court offered Merlina a reduced sentence in exchange for him pleading guilty. â€Å"If he behaves himself, he’ll serve just six months at Tent City. But if he messes up, he’ll get 12 years in state prison† (Films Media Group, 2007). At Tent City, the inmates are not allowed to have certain things such as sugar, tobacco, drugs, and weapons. The prison system employs the Special Response Team (SRT), who conducts random and frequent searches to stay ahead of the inmate’s attempts to control and distribute contraband items. This is done to catch the inmates off guard, seize contraband, and find out who is responsible for the contraband, and hold that inmate accountable through punishments such as solitary confinement and in some cases the implementation of maximum sentences (Films Media Group, 2007). In a setting such as the one of Tent City, the inmates face social issues of their confinement. Social Issues Raised The social issues raised in the video relate to the subcultures created within the Tent City facility. The inmates are separated into racial groups. The newly arriving inmates are assigned to a tent that they share with twenty-one other inmates, all who are felons (Films Media Group, 2007). According to the video one guard stated, â€Å"Unfortunately, everything out here is organized by race. And when a new inmates comes into our system, they’ll be approached by someone from their race who will explain to them what the rules and expectations are out here† (Films Media Group, 2007). â€Å"Rule number one, stick to your own race. Each group has its own seating area and name† (Films Media Group, 2007). Because the inmates stick with their own racial group, this creates social issues amongst all inmates. â€Å"The groups claim  they exist to provide protection. Officers say their purpose is controlling inmates and contraband† (Films Media Group, 2007). Each racial group has leaders that generally involve themselves in contraband. It becomes a struggle for the inmates to try to control contraband while also trying to stay under the radar of the guards. â€Å"In this hostile environment, tensions run high and chaos is always just around the corner† (Films Media Group, 2007). New inmates quickly learn that, â€Å"sometimes it’s not a rival group inmates have to worry about, it’s their own† (Films Media Groups, 2007). â€Å"The DOs have ways of turning us against each other if we mess up. That’s their way of punishing us. They’ll make you look like a bad guy and get your tent tossed on you. Then it’s going to make everybody in your tent mad at you† (Films Media Group, 2007). For those inmates that break the rules of their group, they suffer punishments that are swift and painful (Films Media Group, 2007). The punishment for minor infractions such as a verbal insult will result in a punch in the jaw, but for major ones, such as not paying a debt, the inmate will receive a beating by three or more inmates of their racial group (Films Media Group, 2007). Due to the social issues tha t arise from incarceration, principles of the sociological theories are evident. Major Principles of Sociological Theory According to the text, social structure â€Å"theories look at the formal and informal economic and social arrangements (or structure) of society as the root causes of crime and deviance† (Schmalleger, 2012, â€Å"Social Structures Theories/Definition of Social Structure Theories†). In addition, the social structure theories look at the negative aspects of society’s structure, such as disorganization, poverty, and disadvantages associated with lack of educational success as the cause of criminal behavior (Schmalleger, 2012, â€Å"Social Structures Theories/Definition of Social Structure Theories†). The major principles of the sociological theory that are addressed in the video are Tent City’s social group arrangements of society that provides focus for study, group dynamics and subgroup relationships from which crime develops, society’s structure and degree of organization/disorganization, and specific behaviors that can statistically estimat e characteristics to engage in crime. The social groups formed in Tent City are racially motivated, meaning that each inmate is segregated to their own racial group to keep the  different racial groups separated from each other. The group dynamics in a population of criminals that are divided into subgroups by race offers two examples the major principles. One example relates to the group being made up of all criminals, and the second example relates to the racially segregated subgroups that keep the inmates with their own race. This can lead to struggles related to status amongst their own racial group, and to the other racial groups. Society’s structure, being a prison that is run under zero tolerance rules (organization), and the conflicting disorganization of the inmates and their desire for obtaining contraband, while they struggle to complete their sentence without getting into trouble. Additionally, the specific behaviors that each inmate possesses that brought them to commit crimes that resulted in their incarceration is a major principle of sociological theories. Criminal behaviors by individuals, grouped with the criminal behaviors of the other inmates, can be a cause for additional criminal behavior. Possible Ramifications for Social Process Change While integrating the inmates together and removing the racially segregated groups may seem like the appropriate thing to do, there are possible ramifications of changes in their social processes that need to be addressed. For the inmates, these racially segregated groups offer some form of protection. By removing the built in sense of protection, it can cause additional stress and anxiety for the inmates. The inmates are deprived of many â€Å"luxuries†, and tend to look to their fellow inmates to receive some creature comforts of home. Although the inmates can only depend on themselves, the racially segregated groups offer the inmates a sense of support by belonging to a group. Removing that element can open the door for cultural clashes. According to the text, the â€Å"Social process theories draw their explanatory power from the process of interaction between individuals and society† (Schmalleger, 2012, â€Å"Theories of Social Process and Social Development/The S ocial Process Perspective†). Social process changes within the Tent City facility can weaken the inmates established social bonds, which could result in them turning on each other because of different cultural practices and beliefs. According to the text, criminal behaviors are learned through the interaction with others  (Schmalleger, 2012, â€Å"Theories of Social Process and Social Development/The Social Process Perspective†). And social process â€Å"is seen as the primary route through which learning occurs† (Schmalleger, 2012, â€Å"Theories of Social Process and Social Development/Summary†). If changes are to be made, they have to be enacted in society during a person’s learning process, only then can it make positive change. Conclusion As you can see, the content of the video should be appropriately acknowledged and studied using a social structure theoretical application. I have shown how the subcultures created by dividing the inmates into racial groups comes with some protection for the inmates from those in their racial group, but this protection comes with a price (Films Media Group, 2007). The three major types of theories that support the social structure theories include the social disorganization theory, strain theory, and culture conflict theory. All of these theories are supported in the video by the conditions and circumstances presented to the inmates of Tent City both current and in the past. The primary subjects addressed in the video include the zero tolerance practices of the guards and its focus on the inmate named Ryan Merlina. For Merlina, it’s a daily struggle to do his time quickly by avoiding deviant behavior while for the guards it’s a constant struggle to maintain control over the inmates. This leads to how the social structure theories look at the negative aspects of society’s structure like disorganization, poverty, and disadvantages that cause criminal behavior (Schmalleger, 2012, â€Å"Social Structures Theories/Definition of Social Structure Theories†). The ramifications for social policy change discussed show that any changes to the current situational practices of the Tent City facility would cause problems for the inmates, and possibly create cultural clashes amongst the inmates. Since the inmates are deprived of â€Å"luxuries† and comforts, they depend on the friendships of other inmates for support and protection. By removing a built in sense of protection, it can cause additional stress and anxiety for the inmates. While it is obvious that the inmates can only depend on themselves, the racially segregated groups do offer the inmates a sense of belonging. To conclude, it is apparent to me that this video does provide some important facto rs that can be appropriately acknowledged and studied using a social structure theoretical  application. References Films Media Group (2007). Lockdown: Tent City [Video file]. Retrieved from Films on Demand website: http://digital.films.com/PortalPlaylists.aspx?aid=7967&xtid=40796 Schmalleger, F. (2012). Criminology Today: An Integrative Introduction (6th ed.). Retrieved from The University of Phoenix eBook Collection Database

Newborn Screenings And A Systematic Framework - 1499 Words

Newborn Screenings and a Systematic Framework William Anderson MPH 603 Assignment #6 August 15,2016 Abstract Newborn genome screening is an issue that will becoming increasingly important in the coming decades. It has the potential to bring about many early diagnoses which could have a large impact on healthcare. This will only occur though if states can uniformly adopt a standard set of tests to be screened for. Equally important is the subject of uniformed consent. When we apply these variables to the 6 steps process we can fully compare the benefits and risks. This gives insight into taking the most appropriate actions in the future. Introduction The subject of newborn genome screening is one that is highly controversial. Everyone would agree though that newborn children should be protected, and given every opportunity to grow up to become healthy and strong. Screenings are a testing procedure which is done when a baby is first born, or within a couple days of birth. A small blood sample is collected from the baby’s heel; it is then sent to a lab for processing. The baby’s blood is then tested (screened)for a variety of diseases and medical conditions. 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