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Treason

2008-10-12T18:25:14Z

LeeM: expand definition to include state laws

'''Treason''' a [[federal crime]] is the only crime provided for in the [[united States]] [[Constitution]]. It is there defined as levying [[war]] against the United States, adhering to their ememies, or giving their ememies [[aid and comfort]].(U.S. Const. art. 3, section 3, cl. 1). Someone who commits an act of treason is known as a '''traitor''', and he has further committed the sin of [[treachery]]. The definition of traitorous "betrayal" is a thorny problem for any free society. Politics in a [[representative democracy]] have been understood in modern times to require a [[loyal opposition]], which means that the concept cannot be too expansive or debate and the life of the mind generally will be chilled. By contrast, a [[totalitarian]] state can simply designate all opposition to the philosophy of the ruling party or the policies of the leader as treason. However, in any state, in order for the [[executive branch]] to be able to fulfill its duty to protect the polity, it must retain the possibility of pursuing criminal sanctions against domestic enemies of the existing order, at least to the extent they use [[violence]].

Where treason is made a crime under [[state]] statues, the definitions often emphasize action directed against [[state government]]. ( Cal. Penal Code section 37---treason consists of levying war against the state, adhering to its enemies, or giving ememies aid and comfort)

It is generally understood that treason is a unique crime threatening all citizens and calls for the harshest penalties, typically [[capital punishment]]. In medieval [[England|English]] law, 'high treason' was defined as the murder or attempted murder of the reigning monarchy, or attempts to usurp or overthrow them or pervert the natural succession of the throne. 'Petty treason' was the murder of a social superior, such as a servant killing his master or a knight murdering the lord he was expected to serve, but this term gradually fell out of use after the decline of the feudal system, and because such cases could also be tried simply as murder. Before the [[Glorious Revolution]] of 1688 (which ejected the [[House of Stuart]] and made the English government truly limited), high treason carried a penalty of [[beheading]] for the nobility and [[hanging]], [[drawing and quartering]] for others, a process vividly depicted towards the end of the 1995 film [[Braveheart]]. A famous example of such an execution was that in 1605 of [[Guy Fawkes]], a member of a failed conspiracy of [[Roman Catholics]] who sought to assassinate the [[Protestant]] King [[James I]] and his parliament. The British executed traitors as late as the mid-[[20th century]], but by that time were content to rely merely on hanging.

The [[U. S. Constitution]] defines treason as "levying war against the United States, or in adhering to their enemies, giving them aid and comfort." It also (copying an earlier English statute, the Statute of [[Edward III]]) requires that no conviction shall be had for this crime in the absence of the sworn testimony of two witnesses. The high point of treason prosecutions came under the administration of [[Woodrow Wilson]], when the [[Espionage Act of 1917]] and [[Sedition Act of 1918]] were used to convict scores of Americans for treason based on their speech against American participation in [[World War I]]. The Sedition Act was eventually repealed (although at least two sections of the Espionage Act remain in U. S. law) and the modern [[clear and present danger doctrine]] was formulated to determine when the U. S. or any state could restrict [[First Amendment]] rights to free expression.

Treason prosecutions in the modern U. S. are exceedingly rare; although an [[al-Qaeda]] operative born in [[California]] was recently indicted, other U. S. citizens who have fought in [[Afghanistan]] on the [[Taliban]] side, notably [[John Walker Lindh]] and [[Yasser Esam Hamdi]], were tried on lesser charges, and Hamdi is now a free man. This is in part because there were no treason prosecutions arising from the [[Cold War]]; even the Rosenbergs were tried and sentenced to death for [[espionage]], the selling of secrets, which led their lawyers to complain that they were being treated more harshly than the average American traitor in [[World War II]], only two of whom had been sentenced to death. [[Aldrich Ames]], originally charged with treason after his spying for [[Russia]] during the Cold War was revealed, averted prosecution for this charge by reaching with the government a plea agreement to lesser charges, and is now serving a life sentence.

The decision not to charge the Rosenbergs with treason may stem from the fact the Cold War remained cold instead of being formally declared by [[Congress]]. This would mean that the definition of "enemies" is actually more problematic than that of any other word in the Constitution's treason clause, since the Rosenbergs quite obviously adhered to the [[Soviet Union]] and give it aid and comfort. Comparably, [[Jonathan Pollard]] was also charged with espionage when he passed American secrets to [[Israel]], a state not usually be described as an enemy of the U. S., and sentenced to life in prison. As with the Rosenbergs, there were loud protests; unlike them they included calls for a Presidential [[pardon]].

[[category:government]]
[[category:liberals]]

Government

2008-10-12T18:24:05Z

LeeM: /* Tools to Administer the Government */

A '''government''' is an entity that has the [[authority]] to make and enforce [[laws]] within a geopolitical boundary. Governments are established by a set of penultimate norms, also known as [[constitutions]]. In the [[American]] system of [[democracy]], some laws are created by [[representatives]]. Around the world and throughout [[history]], there have been many types of governments.

==Types of Government==
Basic categories of government include:
* [[Aristocracy]]
* [[Confederacy]]
* [[Democracy]]
* [[Dictatorship]]
* [[Meritocracy]]
* [[Monarchy]]
* [[Oligarchy]]
* [[Plutocracy]]
* [[Socialist State]]

According to the [[U.S.]] [[Central Intelligence Agency]], each of the world's governments can be described by one, or a combination of, the following:

*[[Absolute monarchy]] - a form of government where the monarch rules unhindered, i.e., without any laws, constitution, or legally organized opposition.

*[[Anarchy]] - a condition of lawlessness or political disorder brought about by the absence of governmental authority.

*[[Authoritarian]] - a form of government in which state authority is imposed onto many aspects of citizens' lives.

*[[Commonwealth]] - a nation, state, or other political entity founded on law and united by a compact of the people for the common good.

*[[Communist]] - a system of government in which the state plans and controls the economy and a single - often authoritarian - party holds power; state controls are imposed with the elimination of private ownership of property or capital while claiming to make progress toward a higher social order in which all goods are equally shared by the people (i.e., a classless society).

*[[Confederacy]] (Confederation) - a union by compact or treaty between states, provinces, or territories, that creates a central government with limited powers; the constituent entities retain supreme authority over all matters except those delegated to the central government.

*[[Constitutional]] - a government by or operating under an authoritative document (constitution) that sets forth the system of fundamental laws and principles that determines the nature, functions, and limits of that government.

*[[Constitutional democracy]] - a form of government in which the sovereign power of the people is spelled out in a governing constitution.

*[[Constitutional monarchy]] - a system of government in which a monarch is guided by a constitution whereby his/her rights, duties, and responsibilities are spelled out in written law or by custom.

*[[Democracy]] - a form of government in which the supreme power is retained by the people, but which is usually exercised indirectly through a system of representation and delegated authority periodically renewed.

*[[Democratic republic]] - a state in which the supreme power rests in the body of citizens entitled to vote for officers and representatives responsible to them.

*[[Dictatorship]] - a form of government in which a ruler or small clique wield absolute power (not restricted by a constitution or laws).

*[[Ecclesiastical]] - a government administrated by a church.

*[[Emirate]] - similar to a monarchy or sultanate, but a government in which the supreme power is in the hands of an emir (the ruler of a Muslim state); the emir may be an absolute overlord or a sovereign with constitutionally limited authority.

*[[Federal]] (Federation) - a form of government in which sovereign power is formally divided - usually by means of a constitution - between a central authority and a number of constituent regions (states, colonies, or provinces) so that each region retains some management of its internal affairs; differs from a confederacy in that the central government exerts influence directly upon both individuals as well as upon the regional units.

*[[Federal republic]] - a state in which the powers of the central government are restricted and in which the component parts (states, colonies, or provinces) retain a degree of self-government; ultimate sovereign power rests with the voters who chose their governmental representatives.

*[[Islamic republic]] - a particular form of government adopted by some Muslim states; although such a state is, in theory, a theocracy, it remains a republic, but its laws are required to be compatible with the laws of Islam.

*[[Maoism]] - the theory and practice of Marxism-Leninism developed in China by [[Mao Zedong]] (Mao Tse-tung), which states that a continuous revolution is necessary if the leaders of a communist state are to keep in touch with the people.

*[[Marxism]] - the political, economic, and social principles espoused by 19th century economist Karl Marx; he viewed the struggle of workers as a progression of historical forces that would proceed from a class struggle of the proletariat (workers) exploited by capitalists (business owners), to a socialist "dictatorship of the proletariat," to, finally, a classless society - Communism.

*[[Marxism-Leninism]] - an expanded form of communism developed by Lenin from doctrines of Karl Marx; Lenin saw imperialism as the final stage of capitalism and shifted the focus of workers' struggle from developed to underdeveloped countries.

*[[Monarchy]] - a government in which the supreme power is lodged in the hands of a monarch who reigns over a state or territory, usually for life and by hereditary right; the monarch may be either a sole absolute ruler or a sovereign - such as a king, queen, or prince - with constitutionally limited authority.

*[[Oligarchy]] - a government in which control is exercised by a small group of individuals whose authority generally is based on wealth or power.

*[[Parliamentary democracy]] - a political system in which the legislature (parliament) selects the government - a prime minister, premier, or chancellor along with the cabinet ministers - according to party strength as expressed in elections; by this system, the government acquires a dual responsibility: to the people as well as to the parliament.

*[[Parliamentary government]] (Cabinet-Parliamentary government) - a government in which members of an executive branch (the cabinet and its leader - a prime minister, premier, or chancellor) are nominated to their positions by a legislature or parliament, and are directly responsible to it; this type of government can be dissolved at will by the parliament (legislature) by means of a no confidence vote or the leader of the cabinet may dissolve the parliament if it can no longer function.

*[[Parliamentary monarchy]] - a state headed by a monarch who is not actively involved in policy formation or implementation (i.e., the exercise of sovereign powers by a monarch in a ceremonial capacity); true governmental leadership is carried out by a cabinet and its head - a prime minister, premier, or chancellor - who are drawn from a legislature (parliament).

*[[Presidential]] - a system of government where the executive branch exists separately from a legislature (to which it is generally not accountable).

*[[Republic]] - a representative democracy in which the people's elected deputies (representatives), not the people themselves, vote on legislation.

*[[Socialism]] - a government in which the means of planning, producing, and distributing goods is controlled by a central government that theoretically seeks a more just and equitable distribution of property and labor; in actuality, most socialist governments have ended up being no more than dictatorships over workers by a ruling elite.

*[[Sultanate]] - similar to a monarchy, but a government in which the supreme power is in the hands of a sultan (the head of a Muslim state); the sultan may be an absolute ruler or a sovereign with constitutionally limited authority.

*[[Theocracy]] - a form of government in which a Deity is recognized as the supreme civil ruler, but the Deity's laws are interpreted by ecclesiastical authorities (bishops, mullahs, etc.); a government subject to religious authority.

*[[Totalitarian]] - a government that seeks to subordinate the individual to the state by controlling not only all political and economic matters, but also the attitudes, values, and beliefs of its population.

==Action of Government==

Some actions of government are direct, for example, the president may order troops to invade a country. Or Congress may declare war on a country. Or the Supreme Court may render a decision, reversing the order of a lower count. In these cases, there is no question that the government is taking action and intervening in human affairs, i.e., that it is "governing".

But there is no bright line of separation between government and "the things that government sponsors". If the government pays for something, such as a private corporation it charters, then the actions of that corporation are under the control of the government to a certain extent.

That's why there was a backlash against the [[Boy Scouts]] getting benefits from the government, such as the use of schools, military bases, etc. "Follow the money" is the watchword of those who are tracing the effects of government policy. In sum, if you fund it, you own it.

==Tools to Administer the Government==

There is some concern about the tools to administer the United States Government and tools to regulate the government. A person manipulated by another for his own ends. When used figuatively of human agency, tool is generally used to in a comtemptuous sense. Contemptuous is manifesting or expressing contempt or disdain; scornful. Contempt is willful disobedience to or open disrespect for the rules or orders of a court or legislative body.

==External Links==
*[http://www.aim.org/wls/category/government/ What Liberals Say - Category: Government], [[Accuracy In Media]]

[[Category:politics]] [[category:government]]

Public policy

2008-10-12T18:22:56Z

LeeM: Camp Bullis incident

'''Public Policy''' is also known as Public Issues. They are based on perspective and the more people care about the issue, then the more important the issue becomes, and the more attention it receives from the government. A definition for public policy used from the internet Wikipedia, the free encyclopedia explanation is: "Public policy is a course of action or inaction chosen by public authorities to address a problem. Public policy is expressed in the body of laws, regulations, decisions and actions of government. Policy analysis may be used to formulate public policy and to evaluate its effectiveness. Many public policy analysts earn Ph.D., Master of Public Policy and Master of Public Administration degrees in public policy schools, while others earn specialized degrees, such as an M.Ed for specializing in educational policy or an MSW for specializing in social welfare policy."

There are four types of Issues:<br>
Local - issues that are in a town near you<br>
State - issues that are in your state<br>
Regional - issues in your coast [north, east, south, west]<br>
National - issues in your country

In legal decisions, invocation of "public policy" is a catch-all expression for the court to rule what it thinks is best for society. Justice Thurgood Marshall wrote for a unanimous [[U.S. Supreme Court]] in criticizing this approach:<ref>''United States v. Rutherford'', 442 U.S. 544, 554-55 (1979)</ref>

:Under our constitutional framework, federal courts do not sit as councils of revision, empowered to rewrite legislation in accord with their own conceptions of prudent public policy. See ''Anderson v. Wilson'', 289 U.S. 20, 27 (1933). Only when a literal construction of a statute yields results so manifestly unreasonable that they could not fairly be attributed to congressional design will an exception to statutory language be judicially implied.

Similarly, the [[U.S. Supreme Court]] explained the role of public policy in court decisions in ''Rapanos v. United States'':<ref>126 S. Ct. 2208, 2233 (2006)</ref>

:Finally, we could not agree more with the dissent's statement, post, at ____, 165 L. Ed. 2d, at 215, that "[w]hether the benefits of particular conservation measures outweigh their costs is a classic question of public policy that should not be answered by appointed judges." Neither, however, should it be answered by appointed officers of the Corps of Engineers in contradiction of congressional direction. It is the dissent's opinion, and not ours, which appeals not to a reasonable interpretation of enacted text, but to the great environmental benefits that a patently unreasonable interpretation can achieve. We have begun our discussion by mentioning, to be sure, the high costs imposed by that interpretation--but they are in no way the basis for our decision, which rests, plainly and simply, upon the limited meaning that can be borne by the phrase "waters of the United States."

According to [[University of Texas]] [[ROTC]] Lee L. Mercer, Jr., there is some concern about what public policy has done from August 22, 1992 until now with the [[United States of America]]'s Government evidencing its [[government]], protecting its government and its citizens in the United States Army Military Intelligence Academy Camp [[Bullis]] [[San Antonio]], [[Texas]].

== References ==

<references/>
[[category:politics]]
[[category:government]]