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Tuesday, January 27, 2015
Cell Phone Leakage EVERYWHERE!!!!
Many people believe that they have "privacy" from others, well those people are dumb. Thinking that you have privacy is a false delusion that one should abandon right away. Police officer's are allowed to be given search warrants which allow them to search any place that the warrant states. In the case of Riley v. California the police officers searched Riley's phone once he was arrested for having two loaded guns in his car. With his phone in hand the police officers began to violate the sanctity of the phone and found information that linked Riley to a gang shooting. He was given 15 years in prison for attempt of murder. The Supreme Court then looked over the case and determined that since the police officers did not receive a search warrant they violated the fourth amendment and the privacy of Riley. Due to this mistake Riley was relieved of the attempt of murder sentence. In order to search something "the police need a court-issued warrant to do a search."(15) If not the police will ask if they are allowed to do a search and if you say no then they would need the warrant, but if you say yes then you just gave up your right to privacy. There is no way for people to understand exactly what the framers of the constitution wanted since technology has changed many things. "The Framers could never have imagined anything like smartphones, Facebook, and Google." (14) The framers were alive during a period way when they only had telegraphs, so it was no probable for them to anticipate the creation of cellphones or the internet. These are things that the current generations understand and they would know how to effectively create ways to "search" these new technologies without violating the fourth amendment. When the Framers first wrote the fourth amendment into the constitution they "had in mind the British soldiers" (15) since they would barge into peoples homes expecting them to house them. This is a clear violation of peoples privacy and in some cases harmed the stability of the homes. The fourth amendment in the beginning was intended to protect the people from someone violating their personal records or other forms of privacy. Again there is no way that the Framers could have predicted smartphones or other such technologies. This is why the constitution was made so that it could be added to or changed so that it fit into the current stream of life.
Tuesday, January 20, 2015
Review of The Federalist #10 by James Madison
After reading The Federalist #10 I learned a few things about what that document is saying. James Madison talks about many different things all throughout this document mentioning many different things about the government and how societies work. This is majorly about how Unions and Factions of people have corrupted the views of the public and have obscured the objectives of the government itself. Unions and Factions can be very destructive in the United States government structure for a few different reasons and that is explained throughout this document. It discusses the structures of Republics and Democracies and the actual effects Unions have on people and governments.
“The instability, injustice, and confusion introduced into the public councils, have, in truth, been the mortal diseases under which popular governments have everywhere perished” (James Madison) This explains a major problems that Unions/Factions represent in society. Their influence alone makes them quite the opposing force, their sheer numbers make them the majority which allows them to sway many people to their side in arguments. People typically agree to the side with a larger majority, this usually does not matter whether or not that side is correct it just means that majority rules. They can control who becomes elected. However with every disease there is a cure.
There are many ways to cure this ‘disease’ “two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects.” (James Madison) The first way means that once a faction begins getting ideas or motives for their actions that motive must be eliminated or controlled. If they are allowed to run rampant with these ideas, they will spread and cause havoc across any nation. They have to be closely monitored so things do not escalate out of control. The other way of controlling them is to control the after effects of a faction as efficiently as possible. If they were to sway many people using ideals a person must find a logical way to counter those ideals and sway them back so that the factions do not end up with supporters. Once with supporters they begin affecting the government, but things must be put in place to protect it from situations like this. This is why the United States is a Democratic Republic.
Democratic Republics make it harder for the Factions to take control. There are differences between Democracies and Republics. “The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over which the latter may be extended.” (James Madison) This shows the major differences between those two structures of government. The first being how votes work. A Republican votes on every decision that the government makes, while a Democracy elections people to make their decisions for them. Secondly Democracies must vote in people to make decisions so the more the people in a country would mean the more people that would have to be elected in to make these decisions, while in a Republic everyone would simply vote on the decision itself. Despite this the actual leaders of a country determine what goes on within it.
The actual power of elected leaders only depend on their land they are in control of. “The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States.” (James Madison) This means that no matter how influential the man is they are only in control of a certain area and cannot go beyond those boundaries. These Factious leaders can determine certain thing within their states but they dare not go beyond that since they know they will be competing against other Factions.
This is what I understood once I read The Federalist #10 by James Madison. It explained a lot about the dangers of Unions/Factions that reside in countries.
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