The Constitution creates a system that was designed to fail AND the Essay

The Constitution creates a system that was designed to fail AND the existence of a set of fundamental American values - Essay Example It also guaranteed a stronger horizontal separation of power amongst the executive, the legislature and the judiciary, thus improves institutional checks and balances while at the same time granting some autonomy to various government organs (Ellis 49). It also established the Supreme Court that would be the final arbiter in matters of law, therefore improving access to justice and resolving interstate, state-federal as well as well as conflict between the said entities and individuals. To this extent, the constitution was designed to achieve success. Even though the constitution had such praiseworthy aspects, the US creates enormously stronger federal government, with highly nationalized values. Therefore, resources get to be majorly centralized; as such the states become extremely subservient to the federal government (Wood 28).Basically all the prime sectors and taxes are in control of the federal governments. This is a weakness, since it is the states that are closer to the peopl e and therefore stand a better chance to respond faster to the need of the people, in comparison to the federal government (Ellis 49). The congress has on some occasions exercised its legislative power to pass laws that interfere with the processes already running in the states. For instance, in United States v. Morrison, pursuant to its powers under the Commerce Clause and the Fourth Amendment (Section 5), the Congress had enacted a statute, Violence against Women Act (VAWA) which provided civil remedies to gender –based violence victims against their assailants. This was based on argument that such injustices against women hindered their free participation in interstate commerce and thus a remedy was essential. The court struck down a part of this law since the law was not dealing with cases that were economic in nature. The congress had over stretched its powers under the constitution to interfere with state court, by offering a federal filing for such cases. VAWA dealt wi th a social issue (gender violence) and its economic impact on interstate Commerce was indirect and marginal. Similar scenario arose in United States v. Lopez, where the court pointed out that Commercial Clause could only be applied in cases that are directly economic in nature. United States v. Morrison defines the sensitive question of the relationship between the Congressional powers and the State powers, and in particular, the extent to which the congress may limit areas that are traditionally defined as being within the scope of the state. These decisions reveal judicial activisms in favor of state sovereignty at the expense of federalism and to strengthen the state power. The Existence of a Set of Fundamental American Values Values refer to the standards that have consciously or unconsciously set by members of a particular culture or society upon which the desirable and undesirable are distinguished behaviors (Dahrendorf 14). Values therefore form a basis for judging the peopl e and their actions, from a cultural approach, in order to determine whether they are good or bad, valuable or worthless, beautiful or ugly or whether they are prized or shunned. The values have a great role in shaping our actions and behaviour. For quite long, Americans have been known for their set of values, mostly the value of freedom and independence. This is reflected in a number of Constitutional Amendments that puts

The Essential Husserl Essay Example | Topics and Well Written Essays - 1250 words

The Essential Husserl - Essay Example Husserl in his work refers to the theory of species as being weak in one way or the other. The raised objections over the theory is concerned more about the context of the system that is very sensitive. Therefore, an indexical experience that relies on the content has to serve minor role of a secondary propositional duty. Thus, it may end up determining the object, which may be referred to earlier. According to Husserl, for two experiences that are indexical, they have to have one object in mind because the moments of issue for such a case can lead to the same matter that is ideal. Husserl differentiates between the words and their general meanings while on the other hand the respective meaning of that word (Welton 163). This theory does not actually help to differentiate between the two types of meanings. That is, if perfect matters are intentional contents and remains constant, then, propositional content will differ. He further feels that indexical experiences are at times singula r because they are involved in representing one object at a time or it may be a group of objects. For instance, a subject experienced at any given moment as in the real world as being special in all represented worlds that are possible. Thus, the potential or actual experiences can be attributed or subjected to the experiencing subjects. This is what Husserl refers to as intentional horizon that has an anticipated content. According to Husserl, all experiences that are encompassed in horizon have a common bond of identity in time course. He refers to this as label X and it applies to objects with similar subjects. The determinable X is an indexical experience that seeks to find out the earlier reference for the mentioned experience. This should not be the species ideal meaning alone. In order to come up with the dynamic theory, then we have to find out the intentional acts that are components of cognitive structures. In this state, the same object is represented through changing tim e. In his research, he refers to mental files as individual notions, which are open. We can therefore refer to Husserl as an early theorist and non-naive on intentional content (Welton 166). He further discusses the ‘epoche’ phenomenon. His theory on the content seems to coincide with the phenomenon of epoche. The theory of epoche was developed to radicalize constrains that are present in logical investigation. This has to carry out from the first person’s point of view. This is to have the experiences that the subject is exposed to and the intended results. The advantage of doing the experiment in the first person context is that no difference arises between non-veridical and veridical cases. Therefore, one cannot be a victim and at the same time become be in a position to detect any error that is perceived in his or her actions. Thus, it is from this point that Husserl derived phenomenological ideas that explains detailed existence of objects in the universe. I n summary, epoche demands that we focus on the represented objects. Husserl comes up with two different types of epoch; the universal and local (Welton 167). Husserl focused on local epoche using perceptual experiences as the foundation of one’s experience. In order to describe an experience in details, one has to be a participant in the experiment. That is performing an experiment from the first person point of view. In perceptual experi