Should Courts Seek the Original Meaning of the Constitution Essay Example

Should Courts Seek the Original Meaning of the Constitution? Essay The Constitution of the United States should is a flexible and dynamic document, that changes as the country it was framed for grows. This argument is not founded by what’s written in the constitution, but what’s absent. The framers were some of the greatest minds of the time period, and fabricated the constitution to protect those freedoms that had been denied to them by their former governments. These men however chose not to address how they wanted their words to be interpreted over time. They were some of the greatest scholars of the era but chose not to address a key issue such as how their base of their new found government should be interpreted. It makes the argument that it was not the framers intent for the constitution to be interpreted literally, they have simply written into the constitution. The simple fact that didn’t address the issue in the document makes their intention to have the document interpreted loosely not literally very clear. Putting aside the founder’s intentions for the document it would be unpractical to interpret the constitution literally word for word, then try and mold a government around it. The basic principles and ideals should be upheld, while adapting to the changes and needs of the country. The country has simply changed too much for the document to be interpreted word for word, and to do so would destroy its usefulness in our government. By not interpreting the constitution literally we allow it the ideals to adjust to our modern government. A good example of this is our traffic laws. We will write a custom essay sample on Should Courts Seek the Original Meaning of the Constitution? specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Should Courts Seek the Original Meaning of the Constitution? specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Should Courts Seek the Original Meaning of the Constitution? specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Obviously, there wasn’t a single automobile in the world when the constitution was framed, so the subject of how the United States would govern traffic violations was left out. However in the eighth section it does establish congress’s rights including †To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States. † So while the document doesn’t state word for word that the United States will give DUI’s, it does entitle congress to pass laws that are in the best interest of its citizens. By interpreting the constitution this way it allows us to maintain the ideals engrained into the constitution, while adapting them to our modern needs in our government. Now obviously this allows thousands of debates over which points to interpret which ways, and how to maintain the ideals the constitution was founded upon. But once again, I think these arguments were foreseen by the framers of the constitution and not just allowed, but seen as necessary to maintain a moral government. By allowing the document to be debated and interpreted you draw in the morality of those who are debating it. In setting up a government that is constantly changing I believe the framers were taking a risk. They believed they were founding a moral and ethical country that throughout its existence would be run by just that, moral and ethical people. The founders new the interpretation of the constitution would become a subject of debate, just like any other legal document. By setting up the constitution to change with our government they entrusted the morality of the country into the individuals that would be called and those who elect them into office.

Free Essays on Humanity And Computers

Hiding behind a Computer Are computers and the Internet redefining human identity as people explore the boundaries of their personalities, adopt multiple selves, and form online relationships that can be more intense than real ones? Is the World Wide Web redefining our sense of community and where we find our peers? The answer is simple. An individual should not use a false identity to produce a life on the Internet. They should also avoid using an online life to influence their identity in real life. Gender swapping is one way which the Internet has the ability to change ones identity. There have been many cases where someone has logged onto the Internet, and they have presented their identity as the opposite sex from what they really are. There is no way of knowing what sex someone is when he or she is logged in. The net is made up of hundreds of thousands of separate communities, each with its own special character. It is difficult to eliminate a certain sex from a specific community when people have the power to disguise themselves. Communication in cyberspace lets people explore their personalities by creating new on-line personae. This seems to be the main concern for frequent Internet users. A significant observation is the amount of men that will log on as women. Jodi Obrien put it best when she states, "Many men say that a common motivation for logging on as a female is because they are fascinated by the unusual amount of attention they receive from other men when they ar e perceived as women" (echonyc.com/~women/Issue17/art-obrien.html). The one major concern that comes to mind is "cyber-rape." It is apparent what kind of effect this has on people when Amy Bruckman, a doctoral student in the MIT Media Laboratory, states, "Unwanted attention and sexual advances create an uncomfortable atmosphere for women in MUDs, just as they do in real life" (Bruckman, 101). A MUD is defined as a multi-user dungeon or a multi... Free Essays on Humanity And Computers Free Essays on Humanity And Computers Hiding behind a Computer Are computers and the Internet redefining human identity as people explore the boundaries of their personalities, adopt multiple selves, and form online relationships that can be more intense than real ones? Is the World Wide Web redefining our sense of community and where we find our peers? The answer is simple. An individual should not use a false identity to produce a life on the Internet. They should also avoid using an online life to influence their identity in real life. Gender swapping is one way which the Internet has the ability to change ones identity. There have been many cases where someone has logged onto the Internet, and they have presented their identity as the opposite sex from what they really are. There is no way of knowing what sex someone is when he or she is logged in. The net is made up of hundreds of thousands of separate communities, each with its own special character. It is difficult to eliminate a certain sex from a specific community when people have the power to disguise themselves. Communication in cyberspace lets people explore their personalities by creating new on-line personae. This seems to be the main concern for frequent Internet users. A significant observation is the amount of men that will log on as women. Jodi Obrien put it best when she states, "Many men say that a common motivation for logging on as a female is because they are fascinated by the unusual amount of attention they receive from other men when they ar e perceived as women" (echonyc.com/~women/Issue17/art-obrien.html). The one major concern that comes to mind is "cyber-rape." It is apparent what kind of effect this has on people when Amy Bruckman, a doctoral student in the MIT Media Laboratory, states, "Unwanted attention and sexual advances create an uncomfortable atmosphere for women in MUDs, just as they do in real life" (Bruckman, 101). A MUD is defined as a multi-user dungeon or a multi...

Modern Managers Essay Example | Topics and Well Written Essays - 1500 words

Modern Managers - Essay Example Newman (1995) stated that a person's identity is not just a function of one's personal values and traits but it is also a function of the behavior and attitudes of people who have made a significant impact in their lives. As the other people's cultural values change, then their friends also do likewise. Newcomers to a business firm learn the appropriate roles and behaviors to become effective and participating members of that organization. Third, people who work together tend to share the same cultural values and ethics. Watson (1995) stated that a human grouping be it a school or the workplace shares a system of meanings which define what is good and bad and what are appropriate ways for members of that grouping to act and behave. Moreover, he also explained that being part of an occupation involves engagement on a regular basis in a part or the whole of a range of work tasks which are identified under a particular title by both those carrying out these tasks and by the general public. (Watson 2005). Fourth, a person's educational background has an impact on his socialization. The correspondence principle sets this general model - the higher you rise in education hierarchy, the better job you will get. However, the UK has fundamental inequalities in its educational system. The British students experience education not on the basis of merit but in terms of their ability to take a series of opportunities which is hugely dependent on their available resources. Only seven (7%) of the UK student population can afford to attend private schools. These students them move on to become Oxbridge students. About 100 schools (80% of them are private) provide almost one-third of all Oxbridge students. This inequality in education leads to other forms of inequalities such as social class, gender and ethnic groups. A way to expand educational opportunity to all would be to make university tuition fees affordable. In this sense, the students will be able to widen their participation. Fifth, managers who possess excellent social skills tend to succeed more. For instance, likeability is a valuable tool that complements crucial management skills such as the ability to communicate with employees, give inputs to senior management, interact with customers, and build effective teams. A manager who cultivates this skill is bound to become more successful. Customers are more likely to purchase products and services from someone they like. However, the value of being liked does not end with a job promotion.Moreover, managers may be required to communicate to corporate employees the specifics of a difficult company policy, A manager who learns how to become a genial salesperson and a good communicator will get better results. Managers need to learn the art of listening skills by listening more attentively to someone they like or to someone they merely tolerate.In order to be an effective manager, one must know several socialization skills. An important socialization skill is the recognition of the importance of getting along with others. Managers strive to be genuinely appreciated for who they are, how they act, and what they stand for. The linchpin of likeability is mutual respect which is based on the right attitude towards work and people, and then develops as managers work on providing the right communication climate, staying well-attuned to employee reactions, meeting or managing expectations, and seeking a balanced approach to issues.The second

Criminal Law Coursework Example | Topics and Well Written Essays - 3500 words

Criminal Law - Coursework Example The first point of homicide is murder. The actus reus of mens rea was provided by Sir Edward Coke in the seventeenth century whereby he stated that the act is committed if the defendant ‘unlawfully killeth any reasonable creature in rerum natura under the Queen’s peace’. The definition of unlawfully does not include the killing of for example the use of reasonable force for self defence (Re a (Children)1. Clearly it can be seen that due to the substance overdose the child had died and therefore this is unlawful. As far as killeth is concerned that refers to the requirement that the acts of the defendant can be attributed to be a legal cause of death. Clearly the acts/omission of Thomas to inform his wife of the correct proportion had led to the death of the child. As far as killing of the reasonable creature in rerum natura is concerned it means that a human life is taken. Clearly this is satisfied as the child has died. Finally Queen’s peace means that it must have been within England and not the killing of an enemy at war. This can be seen to have been proved on the facts, as the child died in England.. Therefore on the facts the actus reus of murder has been satisfied. Intention discussed in Woollin and applied by Matthwes and Alleyne3 was described as defendants aim or purpose was to kill or cause grievous bodily harm or he know of such harm as being a virtually certain consequence of such an act, and any level below that of virtual certainty would not suffice. On the facts it is more than evident that Thomas clearly did not possess the intention nor was he virtually certain as the consequence. Thus it is quite clear that the mens rea for murder is not satisfied. As far as voluntary manslaughter is concerned it is not relevant to the facts at hand as there was neither provocation or was there any diminished responsibility. Thus voluntary manslaughter in respect of the facts will not be argued. The next step is that of

Globalization and Diversity and Its Effects on Organizational Behavior Essay

Globalization and Diversity and Its Effects on Organizational Behavior - Essay Example The main person responsible for coining the term globalization is considered to be Theodore Levitt. With the passage of time, the phenomenon has grown at a steady rate whereby the setting under which it is held is one that focuses on the global patterns related to the sociological findings. (Aase, 2004)The aspect of whether or not globalization is a newer form of western imperialism is manifested in the definition of the same word. Globalization, for that matter, is remarked as Internationalization since the nature of the two terms is on a worldwide scale more than anything else. West tries to exploit the basis of globalization which the third world countries could bring to the benefit of the developed nations. However, on the part of the two terms, the one thing common, however, is the fact that these have identified themselves well with the changing (and growing) trends, where most of these are credited on the shoulders of the World War II, after which there has been a resurgent ra t race nonetheless. Globalization is a phenomenon and it is one that is here to stay for long. The world has become a global village due to globalization and it is a good omen if seen in the proper perspectives. The impact of demographic diversities in a group means that more efforts are needed to be put in place so that each of the group members knows what his or her duty is and whether this person is communicated about the roles that are asked of him or her, both in the short term as well as the long run.

Cisco Prime and Wireshark Advantages and Disadvantages

Cisco Prime and Wireshark Advantages and Disadvantages Introduction to  Networking Tools Cisco Prime       Cisco Prime (formerly known as Cisco Works) is a network management tool that is Cisco proprietary. Prime is used for management such as monitoring, troubleshooting, configuration and administration of a network. This software allows for simpler control of the network. The monitoring and troubleshooting feature allows the network admin to immediately find and repair issues that arise throughout the network. In the image above, you can see the home screen of the Prime software. It contains important information such as the types of hardware within the network. As seen in the Admin section, the network administrator has access to network settings such as monitor and troubleshoot, notification settings, config settings, and much more. The GUI (graphical user interface) is very simple which makes it very easy to navigate through the settings. This is a useful layout for the admin as they can monitor the network with ease. You can also see a heat map of a building that uses Cisco Prime, the colours indicate the devices that are being used in the building, in the image we can see wireless access points. Advantages of using Cisco Prime: Allows for easier monitoring and troubleshooting Easy to understand and navigate the software which will increase productivity Real-time information about areas in the network Disadvantages of using Cisco Prime: Cisco proprietary, wont work for hardware from other vendors May be expensive Wireshark Wireshark is a software that analyses packets sent throughout a network. It will display each packet and the details within the packet. Network administrators use it to analyse the network and to troubleshoot an issue if they see a problem. Wireshark has many capabilities, some of the key features are that it can catch packets in a real-time network. It can also save packets and the packets are laid out on a very clear GUI. Network admins can use Wireshark to identify and troubleshoot problems throughout the network by searching through the packets. As you can see in the image above, this is what Wireshark looks like in a live network. We can see packets travelling through the network from the Source and Destination addresses. The Protocol column shows us which protocol is being used within the packet and further information about it. This is extremely useful for network administrators as they can clearly see the packet in detail and easily identify a problem. Advantages of using Wireshark: Free software Available for multiple platforms Windows UNIX Can see detailed information about packets within a network Not proprietary can be used on multiple vendors unlike Cisco Prime Disadvantages of using Wireshark: Notifications will not make it evident if there is an intrusion in the network Can only gather information from the network, cannot send I will be interrogating a network and I will report my findings. I will be testing the devices in the topology and check if they can all communicate with each other. In the topology below, you can see that there are three sub-networks. Firstly, I will be testing communication between the separate networks in the topology. I will be attempting to access PC3 from PC1. To do these I will access the Command Prompt from PC1. To access this, go to Start > search cmd or command prompt in Windows 10. Once you have opened the command prompt, you will come across a black screen. To find out the IP address, subnet mask and default gateway you should issue the ipconfig command. PC1 output above The output above is from PC1 on the 172.31.1.0/25 network. I will now need to check the IP address for PC2 and PC3, I will be doing this because if I can successfully ping those two host computers that means all the networks are connected to each other and can communicate. PC2 output above PC3 output above Now that I know the IP addresses for PC2 and PC3, I can now attempt to ping them from PC1 to check if they can communicate with each other. I issue the ping 172.31.0.254 command on PC1 command prompt and as we can see below, the pings were successful. However, you may notice that the first ping timed out, that is because the packet sent an ARP request for the next-hop. The output shows us that PC1 is now able to communicate with PC2. PC1 pings PC2 Now I will try to ping PC3 from PC1 to see if the hosts can communicate with one another. Again, just like PC1 to PC2, I will issue the ping command along with the IP address of the PC3 host. As we can see in the output, the pings were unsuccessful. This means that the hosts cannot communicate with each other. PC1 ping PC3 As we can see in the output below, I used the tracert command. This command is used to follow the path of the packet. What we learn from the command is that the packet times out at the 172.31.1.198 IP address. To troubleshoot the issue, I will locate the IP address and check the device connected to it. PC1 tracert to PC3 We know from the topology that R3 is connected to the 172.31.1.196/30 ¸and 172.31.1.198 is a part of this network. I will go into the router and check the interfaces to verify which interface it belongs to. Router 3 in the topology To do this, I will use a program called PuTTY and telnet into the router. Telnet is a networking protocol that allows a user to remotely access a device on the network. Once in the R3 router, I issue the show ip interface brief command. From the output, we can see that the interface that connects to the switch, GigabitEthernet0/1, is down. We know that this is the interface that belongs to the interface because the IP address of the GigabitEthernet0/0 belongs to the default gateway. The reason the PC cannot communicate with outside networks is because the switchs G0/1 interface is down so it cannot forward the frame to the router. R3 output shown above To tackle this problem, I will go into the configuration of the G0/1s interface and change the status from down to up. This enables the interface to communicate and process information. As we can see in the output below, I entered the configuration mode for the interface and switched it on. To verify, I will ping the PC1 host from PC3. Enabling the G0/1 interface on R3 The pings were received successfully on R1. We have entered multiple devices in the networks and by doing this we have learned information about the network. PC3 pings PC1 By using the command prompt I was able to find the status of the devices in this network.    This section will be about maintenance in a network that will need to be carried out frequently for the network to run efficiently. In this section, I will be showing how to create and delete a user account on Windows 10. Firstly, from the Start menu go to Control Panel or alternatively, type Control Panel in the search bar. Once it has opened, select the User Accounts section. From that section select the Add or remove user accounts option. Once you have entered the next window, click on Add a new user in PC settings to create a new user. This will direct you to PC settings. Now that you are in PC settings, select Add someone else to this PC. This will require the new users email address or phone number to create an account with their Microsoft account. Once you have created the account, it will look like this. You will be presented with the option Change account type which will allow you to change the account type. You can give the user administrator rights or leave it as the default setting standard user. You can remove the account as easy as it was to create it. You can simply press the remove button. There are many antivirus software applications that can be used. I have chosen McAfee LiveSafe to scan this PC. The interface is very simple and easy to use. Firstly, I launch the application from the Start menu. Secondly, I click the Virus and Spyware Protection section. Within this section, you can see the date of the last scan and the next scheduled scan. This is very useful as it automatically does scheduled scans to protect your PC. To manually scan your PC, click the Scan your PC option. Once you click it, you can choose to run a quick scan, full scan or a custom scan. Once a full scan is done it will look like this. It outlines how many issues were found and how many files it searched. If any viruses were found it would automatically remove them from the PC. Backup File backup is crucial for every PC because if any of the files become corrupt or are deleted, they will be saved. This is very important in businesses and personal computers as people must keep their files safe in case of any damage. This can be done very easily on Windows 10. Firstly, go to Settings, then Update security, from this section there is a Backup section. Once you are in the Backup section, click More options and select See advanced settings. From the File History window, once you plug in an external hard drive, you can select a folder to backup from. This will then give you the option to select how often you want it to backup your files. Restore To restore a backup that you saved onto a hard drive, return to File History so you can restore your files using the Restore personal files option on the sidebar. Once it has opened you will be able to select the files you had backed up and restore them to a drive on your computer. How to keep it secure VPN access: A VPN (Virtual Private Network) allows companies connect their branches from all over the world. VPN is a network used through the internet that allows a private connection between users. You can keep information within this network secure by configuring a password and encrypting it on both ends. This will not allow people to see what is going on in the network unless they have the password.  

John Steinbecks East of Eden - Religious References :: East Eden Essays

Religious References in East of Eden Religion constantly appears throughout Steinbeck's East of Eden. Among these religious appearances are the similarities between the Cain and Abel story and the characters, the Hebrew word timshel, and the presence of God/Fate in the novel. First, East of Eden is a reenactment of the Cain and Abel tale. Many similarities are seen between the two. The title East of Eden comes from the biblical tale when " 'Cain went out from the presence of the Lord and dwelt in the land of Nod on the east of Eden' " (Steinbeck 352). The relationship between Abel and Cain, who killed Abel, is similar to those of Adam and Charles, who once tried to kill Adam, and Aron and Caleb, who informed Aron of their mother's profession, an act which led to Aron's death in World War I. Charles and Caleb fight for their fathers' affections in the same way in which Cain fought with Abel over the Lord's attention. Also in the novel, "the Cain characters ... are identified by names beginning with "C" (Cyrus, Charles, Cathy, Caleb) and the Abel characters ... with "A" (Alice, Adam, Aron, Abra)" (Lisca 269). Next is the word timshel-- thou mayest-- a Hebrew word spoken to Cain by the Lord: " 'if thou doest not well, sin lieth at the door. And unto thee shall be his desire, and thou shalt rule over him' " (Steinbeck 351). Lee discovers that the verb in this passage has been translated as both thou shalt [rule over evil] and do thou [rule over evil].With the help of his Chinese elders and a Jewish Rabbi, Lee determines that the original meaning is thou mayest-- "the word timshel ... gives a choice" (398) or free will to mankind to commit good or evil acts. This word appears often in the novel and is important at the very end where Adam's final timshel blesses and forgives Caleb and reminds him that even after his "murder of his brother ... he can still choose his course and fight it through and win", meaning Caleb still has the chance to overcome the tendency for evil which he believes he has inherited form his mother. (Gribben 96) One of the novel's epiphanies is Lee's translation of timshel to thou mayest. This translation puts choice into man's destiny. According to this view, we are not condemned; we have a choice between good and evil.