Array Without delving into the finer distinctions of how we are actually not a Democracy but rather are a Constitutionally-limited Republic, I will endeavor to expose the dangers in viewing Democracy as a System or as an end in itself rather than a means to an end. Democracy as a system     According to many, Democracy is a political system. After all, if Democracy is our system, and if that system states that âthe Peopleâ (the majority) are the ultimate authority, then anything the majority of the people want must become law. Democracy is a means by which government can be kept accountable to the people it governs.     To complete our system, we still must answer the question, âwhat types of decisions shall be made?â In the American system of government, this question is answered by our Constitution, which is the Supreme Law of the Land. The point here is that the government, and by extension, the people acting through the government through the Democratic process, are limited in the scope of what they may impose by force of law on their fellow citizens. If the government or the âpeopleâ are granted power to use the force of law beyond this boundary, or worse, if they are given carte blanche to rule arbitrarily, then the very rights we sought to protect will now be endangered by the whim of the majority.     Supreme Court Justice Felix Frankfurter once said, ââ¦Law alone saves a society from being…ruled by mere brute power, however disguised.â Now couldnât it be argued that brute Democracy is just a means by which law is made, and that we therefore are still under the Rule of Law? At first this argument sounds sensible, but the actual fact of the matter is that under such a Democratic âsystemâ, law itself becomes nothing but a formality by which the whim of the moment is imposed on the people by force. Since law in no way restrains the actions of the majority so long as something is sufficiently popular, there is little actual need or use for law. The means by which we prevent such abuse is the Rule of Law, and in the United States, this Law takes the form of the Constitution. If the Constitution denies the government the power to enact a law, it matters not how many people may be in favor of that law.
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In my life, I can count five times that I have been sure of what I wanted to do, and took the roads to those destinations. And somewhere in the snowdrift, hides a path that could show the way.For most of us, our journey did truly begin at Pilani. Maybe even a tune-up or new directions.BITSAA’s mission is to inspire us to continue up the path. Your paths may cross again.In my personal journey through life, I am accompanied by my wife and son. I want to spend time figuring out how I can clear a path to these new possibilities. And when my son leaves to follow his own path, just like I did at 17 years of age, I want to bid him farewell with the confidence that he will be safe; but satisfied that I would have taught him well for the journey that lies before him.Sandpaper magazine was a journey of personal discovery. I am saddened because I will miss our creative process that has made these two years so much fun.But I am also enthused, imagining the mornings I will wake up, check my email and find a new, unread edition.
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Well today was a pretty normal day except I have gotten nothing done and I feel horrible… I had gotten to where I satyed on the computer more and more and gained so much weight that I knew I had to do something. I thought someday we would get back together maybe or we would get divorced and I would get my things later. Secretly seeing him for a little over a month, I decided one night to take the kids and let them meet his family. That night when I was leaving the house a car rolled up beside me and my hubby and his father and his fathers mistress took my kids out of my car by gunpoint. In May 2003 my car was stolen but since it was just in my hubbys name I didnt get anything even thought everything I had left was in it. Anyhoo long story short: Lost everything, kids, car, house, my clothes and all my crafting and business stuff. He got everything that I ever had in my life. Actually I got drunk and drove and was not good at it and got a DUI. I think I have to pull myself back up and lost this excess weight and get back into life.
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The most important problem facing law enforcement today is the issue of Racial Profiling. Not since the 1960s has the country been closer to the brink of a race war. Throughout the course of my research I have come across facts that continually support the belief that race is one of the most important factors in the justice system. Certain individuals deny that racial profiling is a reality and if they do acknowledge its’ era of race policy. This period of time is incredibly important in understanding our current racial problems. This resistance to change is very important in understanding our current problem with racial profiling. This era is important because there has not been a significant court or legislative action dealing with race since then. The closest is the Whren decision which said it was ok to use race as a factor in policing as long as it is not the only factor(Cox Cohan). The answer is law enforcement, although today I do consider racial profiling racist, I do not consider the policemen who profile racist. For a victim of racial profiling, you are already a criminal, you cannot say you were discriminated against, because no one will listen. Understanding the root causes of racial profiling helps us understand the problem we face today, because we have seen a long line of improvements in the quest for equal protection under the law. Many individuals seem to have a perception of racial profiling that it probably exists, but only in specific areas like the south or large cities. “His office investigated the issue for four months before he officially admitted that New Jersey state troopers were regularly engaging in racial profiling. The office also acknowledged that although the racial profiling issue has gained state and national attention, the underlying conditions that foster disparate treatment of minorities have existed for decades…The report found that the problem of racial profiling was real, and not simply imagined.(Meeks)” At the point of the proportin of drug arrests one may think its just a little bit not to bad a violation, but by the time one understands that 74% of people incarcerated for drugs are African-American we must understand that this problem is pervasive. These are hindsight justifications, the truth is that even if minorities were disproportionately distributing drugs how could they make up 74% of people who possess drugs when they are 12% of the population, this is basically an assumption that all young black males are drug users. Crime is a short term answer to poverty, but I know that most impoverished individuals whatever race work very hard to keep their head above water. Although some of them may be exaggerated or simply not true, some of them are true and give us a glimpse in to what it feels like to be singled out and intimidated because of your race. They don’t think of it as racial profiling, it just makes sense. If law enforcement is too busy searching innocent minorities for drugs and airport security officers are too busy searching innocent Muslims for shoe bombs, no one is catching the real criminals. This is the primary effect that racial profiling has on the justice system in the United States. By focusing on individuals because of their race we are not incarcerating those dangerous to society, we’re incarcerating a race of people. By letting through the criminals everyone in society is endangered by racial profiling. The secondary effect of Racial Profiling is alienation of the group that is affected. Many individuals of all races have let the media frame racial profiling without understanding the facts(Lamberth). These very few highly publicized cases convince skeptics that racial profiling is a myth created by the media and convince people who believe in racial profiling that incidents are much more violent than usual. This is interesting because increased perception seems to polarize opinions on racial profiling, when it should unite them. The answer to this in my opinion is to use less sensationalism when covering these stories, to see it as a symptom of the larger problem of racial profiling and not just a fluke. The newest form of Racial Profiling involves Muslims. Also racial profiling affects other minorities like Latinos, as it turns out 30% of federal mandatory minimums are given to Latinos(FAMM). Also from many peoples experiences we can understand racial profiling can work in reverse. Now we understand that racial profiling is pervasive, we understand it affects every race, and we know that this problem is exacerbated by drug war policies and media sensationalism. Many individuals are resistant to the idea of racial profiling, because they feel it scapegoats law enforcement for a societal problem they aren’t responsible for. The people in the system are not racist, they are just products of social conditioning. Police officers are not racist, they have just been arresting blacks for so long they’ve created a self-fulfilling prophecy. Many think that police are the number one problem in addressing racial profiling. As it turns out in society in general no matter what race you are, the conditioning exists to some degree that you believe a certain type of person commits certain types of crimes. The first step towards reducing Racial Profiling, is to have every station in the United States record the race of the people they pull over and search. If the current practices continue we will be able to pinpoint certain jurisdictions that use race as the most important factor in determining probable cause. Racial Profiling is a symptom of a larger societal prejudice(Fagan). Racial profiling should not be used to determine probable cause for searching or arresting. To catch the real criminals we must stop searching innocents, we must stop marginalizing racial groups with our law enforcement, and we have to accumulate data to gain a greater understanding of the problem. Racial disparity in the justice system is unjust and affects everyone no matter what race. Works Cited Ayres, Ian “Outcome Tests Racial Disparities In Police Practices” 39 Carrick, Grady “Police Response to Racial Profiling” “Racial Profiling: Refuting Concerns About Collecting Race Data on Traffic Stops.” 10 Cox Cohan, Carolyn, Professor at American University Criminal Justice Publications “Minority Police- Tramping Through a Racial Minefield” 2 Fagan, Jefferey “Law, Social Science, and Racial Profiling.” Executive Director National Black Police Association, American University Sep 5 2003 Harris, David “Driving While Black: Racial profiling on Our Nation’s Highways” “Blind Spot Racial Profiling Meet Your Alter Ego: Affirmative Action” 7 Lamberth, Karl and Clayton, Jerry “Addressing Racial Profiling” 3 Pg 21, 24-25 Leadership Conference on Civil Rights United States “Wrong then, Wrong now: Racial Profiling Before and After September 11, 2001” “Preventing Racial Profiling” 6 Meehan, Albert and Ponder, Michael “Race and Place: The Ocology of Racial Profiling African American Motorists.” 3 Meeks, Kenneth “Driving While Black Highways, Shopping Malls, Taxi Cabs, Sidewalks, What to do if you are a Victim of Racial Profiling” Broadway books New York, 2000 National Organization of Black Law Enforcement Executives United States “A Noble Perspective: Racial Profiling, A symptom of Biased-Based Policing” National Organization of Black Law Enforcement Executives May 3, 2001 Nebraska Commission on Law Enforcement and Criminal Justice United States “Nebraska Crime Commission Update.” National Institute of Justice 2001 New Jersey Attorney General “State Police Review Team Regarding Allegations of Racial Profiling: Interim Report” “Police Traffic Stops and Racial Profiling: Resolving Management, Labor and Civil Rights Conflicts.” and Smith, Michael “Conflict theory and Racial Profiling: An Empirical Analysis of Police Traffic Stop Data.” and Farrell, Amy “Resource Guide on Racial Profiling Data Collection Systems: Promising Practices and Lessons Learned” http://www.ncjrs.org/pdffiles1/bja/184768.pdf Nov 2000 Rashed, Dina “U.S. Experts Testify to Racial, Religious profiling in the US” “Nine ways to Prevent Racial Profiling” 3 Sanow, Ed “Overcoming the Perception of Racial Profiling” “Role of Race in Law Enforcement: Racial Profiling or Legitimate Use?” 24-32 Scoville, Dean “View Askew: A Sideways Look at Racial Profiling” “Theory and Racial Profiling : Shortcomings and Future Directions in Research.” “Searching for Direction: Courts, Social Science and the Adjudication of Racial Profiling Claims.” Sense and Nonsense about Crime and Drugs 2001 Wadsworth Thomson Learning Weitzer, Ronald and Tuch, Steven “Perceptions of Racial Profiling: Race, Class, and Personal Experience.”
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