Constitution in USA Essay Example for Free

Constitution in USA Essay A constitution is either a written (codified) or unwritten (uncodified) body of fundamental principles or established precedents according to which a state is acknowledged to be governed. Generally, a constitution is only written after a major event. In the case of America their constitution was written in 1787, after the American Revolutionary War came to a close. There are a number of issues with America’s constitution which make it, arguably, unfit for the 21st century. The most apparent issue with the constitution is the overall ambiguity that it’s based upon. Take for example the eighth amendment which forbids the federal government from imposing cruel or unusual punishments on American citizens. However, what’s classed as a cruel or unusual punishment? Many have argued that capital punishment can be seen as a cruel punishment, which has led to some states, such as Illinois, abolishing the death penalty altogether. Though, despite eighteen states abolishing the death penalty so far, there has been no move to amend the constitution to include the death penalty as an example of ‘cruel punishment’. Another example of an ambiguous amendment is the first amendment which protects the right to free speech as well as freedom of religion. However, how far this amendment applies has been questioned on numerous occasions. For example, Texas passed a law which prevented flag desecration (burning of the American flag), however the Supreme Court overturned the Texas law due to it violating citizen’s first amendment right as flag desecration is seen as an expression of belief, which the first amendment protects. This has led to numerous calls for flag desecration being outlawed via a constitutional amendment, however just like the eight amendment this would be incredibly hard to achieve. This is purely due to how difficult it is to amend the American constitution. The American constitution’s amendment process is long and difficult, which is mainly due to it requiring a supermajority. A supermajority is where 2/3rds of both houses of Congress have to agree to the amendment put forward. Even if either house falls short by one vote, the amendment is dropped. This process was made to be hard intentionally by the Founding Fathers. This was  because they believed that the constitution shouldn’t be constantly changing, and so they created the need for a supermajority to stop the federal government from making rash, in the moment, decisions which they could grow to regret later on. However, it is this founding belief that has made the constitution, arguably, untenable for the 21st century, which can be contributed to Congress’ explosive growth over the last 200 years. For example, in 1789 there were only 65 Representatives in the House of Representatives, which grew to 435 by 1963 and plateaued due to the House of Representative s being capped in 1911. This is an increase of 370 over a period of 174 years (meaning that there were two new Representatives every year). This continually increased the amount of people who had to work in unison to pass constitutional amendments, and as evidenced by the 1911 Act which capped the size of the House of Representatives, America grew far more than the Founding Fathers had originally intended. The constitution can also be seen as unfit for the 21st century due to an ever increasing political pace, as well as rapidly changing circumstances which have led to very different outcomes when compared to the British political system. This can mainly be seen with gun control which is protected in America by the second amendment (â€Å"Right to bear arms†) despite the amount of shootings which have occurred in recent times. An example of this would be the Sandy Hook shooting, which occurred on December 14th 2012 at an elementary school in Connecticut. This caused nationwide outrage which in turn caused support for disarmament groups to increase. However, after several months the support fell away and no constitutional amendments were put through, despite pledges and campaigns from Barrack Obama and Joe Biden. Now, when compared to England, there was a shooting spree in a Dunblane Primary School in 1996. Following national outrage, much alike that caused by Sandy Hook, guns were criminalised by an Act of Parliament, which was significantly easier to do as the UK does not have a written constitution, rather an unwritten one which is drawn from several sources. However, despite the faults with the American constitution, it must be fit for purpose if it still exists. This is because if it wasn’t fit for  purpose, and didn’t work at all, it would have been scraped by one of the American administrations after its conception. This is mainly aided by the argument that the constitution’s ambiguity is what allows it to adapt to changing circumstances as well as its ability to change without formal review. What is meant by this is the fact that the Supreme Court can uphold or repeal earlier decisions made in relation to the constitution, meaning that if the correct decisions were repealed the constitution could be drastically changed.

Bhabhas Contribution to Postcolonial Theory Essay -- Sociology

Colonialism is and has been a reality during previous centuries. As a political and economical reality it entailed significant consequences in the colonized country's politics, geographical maps, and people's lives, fates and temperaments. As the consequences are hard to ignore the writers of the formerly colonized countries never forgot to write about it and their people's lives before, during and after their country's colonization. As Emecheta is one of these writer who is born and brought up in Nigeria, a colony of British Empire until 1960, postcolonial approach is one of the most appropriate critical methods to deal with her narratives. Besides, since she is focusing on women in the colonial and postcolonial setting trying to foreground their subjugation, utilizing ideas proposed by Gayatri Chakravorty Spivak and Chandra Talpade Mohanty as pioneers of postcolonial feminism are helpful in coming to the desired conclusion in this thesis. In addition to Mohanty and Spivak Homi K. Bhabha's propositions regarding the colonized self and her/his dual subjectivity also are helpful. Central to feminist concerns among the postcolonial scholars such as Gayatri Spivak and Talapde Mohanty is Western feminism's inattention to the differences among women. Spivak exposes how the world is presented from the dominant perspective and geopolitical location of the First World to the exclusion of other disenfranchised groups. Regarding women in the Third World countries she believes that the everyday lives of many Third World women are so complex and unsystematic that they cannot be known or represented in a straightforward way by the vocabulary of Western critical theory. In this respect, the lived experiences of such women can be seen to pres... ...2 (2004):365-373. Schneider, Gregory. â€Å"R.K Narayan’s The Guide and Buchi Emecheta’s Kehinde† www.assosiatedcontent.com/article. Stanford Friedman, Susa. â€Å"Locational Feminism: Gender, Cultural Geographies, and Geopolitical Literacy†. www. Women.it/cyberarchive/files/Stanford.htm Ure Mezu, Rose. â€Å"The Perspective of the Other: Rape and Women in Buchi Emecheta's The Rape of Shavi". Bookbird 36.1 (1998): 12-16. Ure Mezu, Rose. Buchi Emecheta's "The Bride Price" and "The Slave Girl": A Schizoanalytic Perspective. Van Judith Alan. â€Å"Sitting on a Man: Colonialism and the Last Political Institutions of Igbo Women†. Canadian Journal of American Studies. 28.2 (1972): 165-71. Ward, Cynthia. â€Å"What They Told Buchi Emecheta: Oral Subjectivity and The Joys of Motherhood.† PMLA 105.1(1990): 83-97.

Dismissing A Worker For Misconduct

As an HRD Manager what steps you will initiate before dismissing a workman found guilty of misconduct where there is the presence of a strong employees union.Union or no union, any employee at any level within an organization, should not be spared for misconduct and appropriate action should be taken as per the organization’s policies and principles. Having said that the employee in question should be given ample scope, support and assistance to defend his or her case.Upon knowledge of such incidence with a worker, the HRD manager,1. Check with the file of the worker, the details of such as the date of association and other relevant information. 2. He has to check whether it’s a case of habitual misconduct or a gross misconduct. 3. In case of habitual misconduct he has to gather the information of the previous incidences, actions taken and remedial corrections on part of the worker, if any. 4. Habitual misconducts include late coming, absenteeism; taking frequent breaks etc. the worker and the supervisor should be sensitized on the gravity of the misconduct and corrective course suggested.5. In case of a grave misconduct, the worker should be called in and asked to give an explanation. 6. The case has to be briefed to him in detail and he should be asked to present his side of the story. 7. The HRD Manager has to ensure beforehand that all details regarding the case are with him and he is through them thoroughly before sitting with the worker. 8. After the worker has put his case, the manager has to come to a conclusion whether there is a case in the first place. When evidence of misconduct is apparent, he should seek whether the worker accepts the charges. 9. There could be three consequences:a. the worker accepts the charges b. the worker partially accepts the charges c. the worker still denies misconduct.10. When the worker has accepted having done misconduct, appropriate disciplinary action should be initiated as per the policies of the establ ishment. 11. The same needs to be intimated to the union.12. Any further interference on part of the union becomes wrong and chance are that no such interference will take place once the worker has agreed in writing of the misconduct. 13. When the worker has accepted only some of the charges, the HRD manager ahs to establish whether the charges accepted amount to any substantial punishment or not. 14. Show cause notice needs to be issued to the worker and appropriate action taken. Union should be intimated of the same.15. In case of non acceptance and partial acceptance to other than grave issues, a domestic inquiry should be initiated using a designated internal investigating officer. 16. When the report of the internal investigation substantiates the misconduct, the union needs to be informed and taken into confidence. 17. When there are chances of resistance from the union, the HRD manager should sit with the representative of union and win his confidence. One can use lines such as, â€Å"this time he has done this with the establishment, next time he may as well ruin the union reputation†.18. Post union’s confidence appropriate action should be taken. 19. In case of disagreement and incorrect interference and influence by the union, the case should be taken to a tribunal or labour court. 20. In the state of Tamil Nadu, a worker found guilty of misconduct should be given a Final Show Cause Notice, after the report of the internal inquiry. 21. Disciplinary action may, depending on the gravity of the issue, be warning, suspension for a maximum period of 4 days or dismissal. 22. When the worker in question is an office bearer of the union, the relevant provisions of the Industrial Disputes Act should be referred to and adhered.

The Metaphor Of Organizations As Culture, Ideology, And...

Morgan used the metaphor organizations as culture to frame the complex relationships that exist within organizations. Examining organizations through metaphor allows one to imagine concepts and ideas through their own experiences. According to Morgan the power of metaphors is their ability to challenge innovative reasoning. Metaphors combine language and thought to develop new non-literal meanings, when applied they shape and enhance our reality. According to Morgan there has been extensive research regarding the metaphor of organizations as culture. Culture became a hot topic following the introduction of Westernization management styles into the Japanese commercial markets (p. 120). Morgan says that â€Å"organization itself is a cultural phenomenon† (p. 120). Culture is a system of knowledge, ideology, values, laws and day to day rituals. By considering organizations as culture, we can focus on the concepts related to the values, beliefs, knowledge, and ethos of th e organization. As such we can use this metaphor to understand leadership and organizational behavior through the language and symbols that are most meaningful to us personally. Employees who wish to remain in their organization do best if they understand the components of the culture where they are employed. The five components of culture are: values, beliefs, myths, traditions and norms. Values are characteristics that are deemed worthwhile and represent the organization’s highest priority. ValuesShow MoreRelatedRastafarian79520 Words   |  319 PagesRastafari This page intentionally left blank Rastafari From Outcasts to Culture Bearers Ennis Barrington Edmonds 2003 198 Madison Avenue, New York, New York 10016 Oxford University Press is a department of the University of Oxford It furthers the Universitys objective of excellence in research, scholarship, and education by publishing worldwide in Oxford New York Auckland Bangkok Buenos Aires Cape Town Chennai Dar es Salaam Delhi Hong Kong Istanbul Karachi Kolkata KualaRead MoreOrganisational Theory230255 Words   |  922 Pages. Organization Theory Challenges and Perspectives John McAuley, Joanne Duberley and Phil Johnson . This book is, to my knowledge, the most comprehensive and reliable guide to organisational theory currently available. What is needed is a text that will give a good idea of the breadth and complexity of this important subject, and this is precisely what McAuley, Duberley and Johnson have provided. They have done some sterling service in bringing together the very diverse strands of workRead MoreMarketing Management130471 Words   |  522 PagesMarketing Management UNIT -- I Unit No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Unit Title Marketing management – an introduction Marketing environment Marketing with other functional areas of management Market segmentation Market targeting and positioning Product management Brand management Pricing Channel design and management Retailing and Wholesaling Integrated Marketing Communication Advertising management Sales promotion Personal selling Public relations UnderstandingRead MoreAn Introduction to Intercultural Communication29172 Words   |  117 PagesAn Introduction to Intercultural Communication Intercultural communication is of importance to international businesses as it examines how people from different cultures, beliefs and religions come together to work and communicate with each other. Demands for intercultural communication skills are increasing as more and more businesses go global or international. They realize that there are barriers and limitations when entering a foreign territory. Without the help of intercultural communicationRead MoreLibrary Management204752 Words   |  820 Pagesand Joan F. Cheverie Library Information Systems: From Library Automation to Distributed Information Access Solutions Thomas R. Kochtanek and Joseph R. Matthews The Complete Guide to Acquisitions Management Frances C. Wilkinson and Linda K. Lewis Organization of Information, Second Edition Arlene G. Taylor The School Library Media Manager, Third Edition Blanche Woolls Basic Research Methods for Librarians Ronald R. Powell and Lynn Silipigni Connoway Library of Congress Subject Headings: Principles and