Federalist Papers Court System free essay sample

Examines Alexander Hamiltons arguments for federal judicial review power of Supreme Court. Alexander Hamilton was one of the authors of The Federalist Papers and set the groundwork for the way the court system would be shaped by the U.S. Constitution. It was in Federalist Paper No. 78 that Hamilton formulated the justification for judicial review. Hamilton endorsed the idea of judicial review and offered a foundation for its acceptance. In No. 78, Hamilton first discussed the issue of the mode of appointing judges, then the tenure by which they would serve in office, and then the division of the judiciary authority between the different courts to be created. Earlier, the writers of The Federalist Papers had considered the need for there to be three branches of government as part of a scheme of checks and balances, and each branch was to operate somewhat autonomously while at the same time serving as a check on the power of the

Word Choice Continuous vs. Continual - Proofeds Writing Tips

Word Choice Continuous vs. Continual - Proofeds Writing Tips Word Choice: Continuous vs. Continual Continuous and continual are sometimes used interchangeably, but these words are not actually synonyms. Confusion is understandable, though: both continuous and continual come from the verb continue, and both are adjectives related to duration. There is, however, a subtle difference in their usage. Read on to learn more. Continuous (Without Interruption) The word continuous is an adjective that describes something as ongoing and uninterrupted. It is usually used when referring to a duration of time: The continuous sound of our neighbor’s clog dancing drove us mad. Continuous can also describe an uninterrupted spatial span: The Maginot Line was a continuous stretch of concrete fortifications. Continuous is the more common of the two words were examining, so it is more likely you will need this in most situations. Continual (Repeatedly) The adjective continual means that something happens repeatedly at intervals, rather than as one long, uninterrupted event. It would be used in a sentence like this: Peter hated the continual storms that blighted his childhood on the plains. This sentence refers to storms that occurred frequently and repeatedly, but there wasn’t one continuous, ongoing storm that lasted the entire length of Peter’s childhood. Continuous or Continual? Knowing the difference between these adjectives means that you will be able to use them with confidence in your writing. The basic facts to remember are: Something which is continuous happens without interruption. Something which is continual recurs, but with breaks between occurrences. If you would like some more guidance and advice about academic writing, or would like to have your own work checked through for errors and formatting, get in touch with the professionals at Proofed today!

Impact of Effective Leadership upon Store Performance Coursework

Impact of Effective Leadership upon Store Performance - Coursework Example The case study findings were then related to the existing theories and models of leadership process described in scholarly literature in an attempt to determine the most appropriate model which would help elucidate the key principles of effective leadership. The attempt largely failed: neither of model or theory fully fitted the set of effective leadership qualities retrieved from the case study. Consequently, neither of them could be used to effectively predict or reason behaviour of an effective leader. One implication is that the traditional management and leadership dimensions are supplemented rather than different as many leadership studies claim. This conclusion was found to be consistent with contemporary scholarly tendencies in leadership and management research. Demographic changes, developments in technology and market strategies that occurred throughout the 1990s - early 2000s resulted in vast change in the food retail industry both globally and domestically (RNCOS, 2006). Businesses turned increasingly globalised and, as a result of acquisitions and, the main players in the food retail market became larger, their number decreased and they became more dominant then ever before. Unprecedented continuing competitive pressure ... References Appendix 1. CHAPTER 1: INTRODUCTION 1.1 Background Demographic changes, developments in technology and market strategies that occurred throughout the 1990s - early 2000s resulted in vast change in the food retail industry both globally and domestically (RNCOS, 2006). Businesses turned increasingly globalised and, as a result of acquisitions and, the main players in the food retail market became larger, their number decreased and they became more dominant then ever before. Unprecedented continuing competitive pressure is one of the most vital challenges facing retailers in the UK. As a result of severe price competition, prices tend to squeeze while food inflation has consistently been running below the general rate of inflation (TNS, 2006). The food inflation causes the so-called 'Wal-Mart effect' i.e. downward pressure on prices from Asda/Wal-Mart's aggressive 'Every Day Low Price (EDLP)' strategy (Arnold & Fernie, 2000). The recent demographic trends such aging population and increase in working women, coupled with declining meal preparation force the UK retailers to increasingly focus on added-value products such as the 'food-to-go' sector, and premium products. Increasing own-label's share of the their business mix and other improvements (such as supply chain consolidation) meant to drive costs out of the business has become another distinct trend in the UK food retail industry (Huxley, 2006). Overcapacity in the food retail industry, which adds to the difficulties associated with intense cost/price competition, represents another vital challenge to be dealt with. Therefore, value growth is expected to remain slow for the major UK retailers (RNCOS, 2006). Such developments in the food retail industry highlight

How would allowing Capital Punishment cut down on crime in America Research Paper

How would allowing Capital Punishment cut down on crime in America - Research Paper Example It is argued that children, however, should not be subject to the death penalty—the only exception. â€Å"‘From a moral standpoint, it would be misguided to equate the failings of a minor with those of an adult, for a greater possibility exists that a minor's character deficiencies will be reformed,’ Justice Anthony M. Kennedy wrote in the opinion for the court.†2 In that sense, juveniles should be spared, but adults should not be. â€Å"As a child psychologist, [California State Senator Leland Yee, Ph.D., has] firsthand experience with troubled children and understands that they have an extraordinary capacity for rehabilitation. The neuroscience is clear — brain maturation continues well through adolescence and thus impulse control, planning and critical thinking skills are not yet fully developed until adulthood.†3 Thus, a juvenile stands a greater chance of being offered parole or some other opportunity that is an alternative to the standar d in a corrections facility. Perhaps the juvenile might be able to enter a program with job training and a sentence reduction in return for good behavior. The main point here is that the juvenile’s actions can show growth and change if allowed time and space to flourish—while an adult has lived much of his or her life already, having made various life choices along the way, many not so wonderful. Further, the death penalty is fitting punishment for an adult, but not for a child. As Mr. Yee pointed out, the youth’s brain is still in a developing stage at age 18 and below. â€Å"Without positive interventions to redirect the youth's development, an absence common to so many of the youth who subsequently become involved in serious delinquent or criminal activity, these youth are inappropriately subjected to the ultimate sanction without adequate regard for these mitigating circumstances.†4 Not given the appropriate chance to demonstrate his or her capability to rise above and beyond the limitations placed upon him or her due to the circumstances of a bad upbringing or abuse, a youth is faced with the serious task of having to change behavior or be disciplined for it. The death penalty, therefore, seems like a good answer to deter crime in America. â€Å"In Gregg v. Georgia (1976), the U.S. Supreme Court mandated that courts must examine mitigating circumstances when issuing the death penalty. However, most juvenile capital offenders are represented by appointed counsel without the time or resources to sufficiently investigate such mitigating factors as psychiatric history, abuse, or mental capacity.†5 With so many youth having mitigating circumstances, the death penalty is not a viable option. Now, by law, it is definitely not an option to hand down a sentence of capital punishment to juvenile offenders. However, for mentally capable adults, the death penalty is simply a permanent solution that yields results: lower crime rates. Now, while the death penalty for youth would definitely not solve underlying issues that youth may have, this neglects the fact that youth deserve a second chance to prove their worth. Capital punishment would be fundamentally flawed as a punishment for a juvenile offender as it would be a final judgment, and there would be no retracting the punishment once it

Religion Essays Anselm and Descartes

Religion Essays Anselm and Descartes Anselm Descartes Religion Anselm and Descartes The debate regarding the existence of God has lasted for centuries. Man’s quest to establish the validity of God’s existence remains ongoing till this day. Saint Anselm and Rene Descartes were two thinkers who left a lasting impression from their philosophical works on the existence of God. Both men strived to prove the existence of God using rational and logical argumentation. Stylistically they differ, yet both share a cohesion of interest in which their common objective is to use philosophical reasoning to derive an â€Å"Ontological Argument† which favors the existence of God. Saint Anselm lived during 1033-1109, the prime of the Middle Ages. He was a devoted Christian who contributed significant works in theology and philosophy. As a faithful Christian, he yearned for a rational interpretation that proved the existence of God. The Augustinian phrase sums this idea; â€Å"faith seeking understanding† (Baird 322). In Anselm’s â€Å"Proslogion† he develops the â€Å"Ontological Argument† attempting to prove God’s existence. Anselm states that God is a being â€Å"in which nothing greater can be conceived.† He significantly quotes, the Psalms 13:1; â€Å"the Fool says in his heart, ‘There is no God.†Ã¢â‚¬â„¢ He addresses this issue because he wants to prove the relevance of his prior statement, â€Å"we believe you to be something greater than which nothing greater can be conceived.† The Fool described in Psalms can comprehend this statement even if he is unsure that what he understands exists. Therefore, a major distinction is drawn by Anselm; â€Å"it is one thing for something to be in the understanding and quite another to understand that the thing in question exists† (Baird 325). Thus, the â€Å"Fool† can be convinced by his understanding that there is â€Å"something than which nothing greater can be conceived.† Anselm goes even further by arguing that â€Å"something in which nothing greater can be conceived† not only exists in the understanding, but can also be thought as existing in reality. Consequently, Anselm maintains, â€Å"without a doubt then there exists both in understanding and in reality a being greater than which nothing can be conceived† (Baird 325). Anselm develops his argument further by claiming that because such a thing exists, that thing cannot be thought of as not existing. Moreover, an interesting point is made by Anselm when he says, â€Å"It is possible indeed to think of anything other than you as nonexistent.† In other words, Anselm is trying to say that all other things can be thought of as not existing, but God has a perfect existence in which it is impossible to claim nonexistent because then it would be paradoxical. The measure of Gods existence supersedes all others because nothing greater can be conceived. Anselm once again discusses the fool who says in his heart that there is no God. Reason being, he wants to illustrate the connection between â€Å"to say in ones heart† and to think. The fool said in his heart that God did not exist, yet the same fool conceived a being greater than any other. Therefore, to say in ones heart is equal to thinking because to say in ones heart, one must first think. This also holds true for the reversal, if he does not think, than he does not say it in his heart. Thinking is initiated in two senses according to Anselm. In the first sense, thinking is signaled by a word that describes the thing. In the second sense, thinking is created when one thinks of the actual thing itself. Thus, from the perspective of the first sense it can be true that God does not exist. From the second sense, the denial of the existence of God is impossible because the thing itself has been thought or conceived. Since Descartes’ â€Å"Fifth Mediation† was written many years after Anselm’s â€Å"Ontological Argument† it becomes apparent, at least in one sense that Descartes refers indirectly to arguments established in Anselm’s â€Å"Ontological Argument.† This relationship or connection can be seen in both arguments as the idea of God’s â€Å"perfect existence.† Descartes however, in my opinion delves into the concept of perfect existence candidly. Whereas Anselm, attributes this perfect existence in his statement â€Å"we believe you to be something greater than which nothing grater can be conceived.† Regardless of the methods used they both attribute perfection to this supreme, eternal Being. Additionally, Descartes argument regarding the existence of God is not presupposed by faith like Anselm’s. Rather, Descartes begins his argument in a different manner then Anselm, speaking nothing about prior faith in God’s existence. He begins the â€Å"Fifth Meditation† by explaining how he has the ability to conceive in his mind a vast array of different shapes and dimensions. Even if these figments which he has created within his mind do not actual exist outside of his mind, they still contain immutable and eternal properties. A triangle is used by Descartes to elaborate upon this issue. He argues that even if the triangle did not exist outside of his mind it still contains indisputable properties. Therefore, once these properties are conceived clearly and distinctly they must be completely true. Like the triangle, the idea of a supremely perfect being exists in both our mind and Descartes. This idea does not differ from that of the triangle in any sense because each contains a nature or property. Descartes clearly and distinctly observes that Gods existence belongs to his nature, like a figure or number whose nature belongs to that figure or number. Descartes agrees that God can be thought of as not existing. This means, one can segregate his existence from his essential properties. Furthermore, this ability to separate existence and essence is also present within all other things examined according to Descartes. However, with closer inspection and with greater attention given to this notion Descartes discovered that, â€Å"we can no more separate the existence of God from his essence than we can separate from the essence of a rectilinear triangle the fact that the size of its three angles equals two right angles† (Baird 430). In other words, with other things we can separate the existence from the properties because the other things are not of a perfect being like God. Both Anselm and Descartes both use the premise of God as not existing, to prove his existence. They formulate their argument in this way because with closer inspection they refute the thought of God not existing because God has a perfect existence, and to claim that a perfect Being does not exist in reality would be â€Å"self contradictory† (Baird 430). Thus, according to Anselm and Descartes, a perfect Being must exist in both the mind and in reality since its existence is eternal, immutable, and perfect. In addition, Descartes maintains that he cannot think of God without existence any more than he can think of a mountain without a valley. Even though a necessary characteristic of a mountain is that it be contiguous to a valley, â€Å"it doesnt follow that any mountains or valleys exist.† Similarly, even though a supremely perfect being possesses certain attributes, it does not coincide with the existence of that being. Consequently Descartes says, â€Å"From the fact alone that I cannot conceive God except as existing, it follows that existence is inseparable from him, and consequently that he does, in truth, exist† (Barid 430) This acknowledgment of Gods existence is made by Descartes namely because God â€Å"possesses all sorts of perfections†, existence being one of them. Descartes then continues addressing an objection in regards to his prior argument. Consequently, he says that it is not necessary for him to suppose the thought of God, yet once he does think of God, then existence is necessary. This follows and is no different from it not being necessary for one to suppose something that is false. Descartes uses the inscription of a rhombus into a circle to illustrate this issue. â€Å"It is not necessary to think that all four sided figures can be inscribed in a circle; but if we suppose that I do have this idea, I am forced to admit that a rhombus can be inscribed in one, since it is a four sided figure, and by this I will be forced to admit what is clearly false† (Baird 431). Therefore, to Descartes one must not say, that even though it is not necessary for one to think of God, when one does think of the idea of a supreme being you are necessarily attributing an array of perfections. Thus, once it has been recognized that existence is perfection, one must conclude that this Supreme Being actually exists. Therefore, a distinction has been made by Descartes; there are many differences between false assumptions and true innate ideas, namely the thought of God. According to Descartes, this idea is not â€Å"imaginary or fictitious† because God is the only thing that can be conceived as having a â€Å"true and immutable nature.† There have been many attempts to refute the arguments of Anselm and Descartes. However, because of the rational and logical sequence that both follow in their arguments it has become increasingly difficult for others to prove these claims erroneous. Regardless, both men have provided invaluable documentation regarding the possibility of God’s existence in our minds and in reality. Even atheists find these arguments hard to refute because both thinkers cleverly used the thought of God as not existing, to prove that God, in his perfection does actually exist in our minds and in reality. Work Cited Baird, Forrest E., Walter Kauffmann. From Plato to Derrida. Forth ed. New Jersey: Prentice Hall, 2003.

Fort Henry And Donelson :: essays research papers

Fort Donelson, Tennessee, guarding the Cumberland River, became the site of the first major Confederate defeat in the Civil War. Victory at Donelson started Brigadier General Ulysses S. Grant on his road to Appomattox and the White House. His cool judgment under pressure saved the day after the Confederates threatened to break his troop lines, yet errors by his opponents handed him a victory that he did not fully earn on his own. Possession of the better part of two states vital to the South depended on the outcome of the battle at Fort Donelson. When war began in April 1861, Kentucky declared its neutrality, in response to deep conflicts of opinion among its citizens. Considering neutrality impossible to maintain, North and South maneuvered for position once Kentucky was opened to military operations. The Confederates constructed fortifications on both the Tennessee and Cumberland rivers just south of the Kentucky line. They built Fort Henry on the Tennessee River, on ground susceptible to flooding, but chose higher ground for Fort Donelson on the Cumberland River. Both sides wanted Kentucky but recognized that the first to cross its borders risked losing popular support. Confederate Brigadier General Gideon J. Pillow rashly seized Columbus, Kentucky, on the Mississippi River bluffs, a move that appalled President Jefferson Davis, who first ordered Pillow to withdraw, then allowed him to stay when he realized that the deed could not be reversed. Grant, commanding at Cairo, Illinois, then occupied Paducah at the mouth of the Tennessee and Smithland at the mouth of the Cumberland, strategic points neglected by General Gideon Pillow. In November Grant tested Confederate strength at Columbus by landing troops across the Mississippi River at Belmont, Missouri. The drawn battle that followed sent him back to Cairo still eager to advance, but not necessarily along the Mississippi River. Knowing of the poor location of Fort Henry, he wanted to use Union gunboats to advantage, and foresaw that the fall of Fort Henry would open the Tennessee River as far north as Alabama. Winning reluctant permission from his superior, Major General Henry W. Halleck, Grant moved south in early February. The flooded Fort Henry fell to the gunboats on February 6, 1862 and most of the garrison fled to Fort Donelson, which was eleven miles away. Grant then followed, after sending the gunboats back down the Tennessee and over to the Cumberland. In St. Louis, Halleck, a "military bureaucrat par excellence", took no official insight of Grant’s plans. Fort Henry And Donelson :: essays research papers Fort Donelson, Tennessee, guarding the Cumberland River, became the site of the first major Confederate defeat in the Civil War. Victory at Donelson started Brigadier General Ulysses S. Grant on his road to Appomattox and the White House. His cool judgment under pressure saved the day after the Confederates threatened to break his troop lines, yet errors by his opponents handed him a victory that he did not fully earn on his own. Possession of the better part of two states vital to the South depended on the outcome of the battle at Fort Donelson. When war began in April 1861, Kentucky declared its neutrality, in response to deep conflicts of opinion among its citizens. Considering neutrality impossible to maintain, North and South maneuvered for position once Kentucky was opened to military operations. The Confederates constructed fortifications on both the Tennessee and Cumberland rivers just south of the Kentucky line. They built Fort Henry on the Tennessee River, on ground susceptible to flooding, but chose higher ground for Fort Donelson on the Cumberland River. Both sides wanted Kentucky but recognized that the first to cross its borders risked losing popular support. Confederate Brigadier General Gideon J. Pillow rashly seized Columbus, Kentucky, on the Mississippi River bluffs, a move that appalled President Jefferson Davis, who first ordered Pillow to withdraw, then allowed him to stay when he realized that the deed could not be reversed. Grant, commanding at Cairo, Illinois, then occupied Paducah at the mouth of the Tennessee and Smithland at the mouth of the Cumberland, strategic points neglected by General Gideon Pillow. In November Grant tested Confederate strength at Columbus by landing troops across the Mississippi River at Belmont, Missouri. The drawn battle that followed sent him back to Cairo still eager to advance, but not necessarily along the Mississippi River. Knowing of the poor location of Fort Henry, he wanted to use Union gunboats to advantage, and foresaw that the fall of Fort Henry would open the Tennessee River as far north as Alabama. Winning reluctant permission from his superior, Major General Henry W. Halleck, Grant moved south in early February. The flooded Fort Henry fell to the gunboats on February 6, 1862 and most of the garrison fled to Fort Donelson, which was eleven miles away. Grant then followed, after sending the gunboats back down the Tennessee and over to the Cumberland. In St. Louis, Halleck, a "military bureaucrat par excellence", took no official insight of Grant’s plans.

Organizational Communication An Organization - 4433 Words

Organizational communication Abdullah Allaboon Fairleigh Dickinson University Introduction Organizational communication perspectives refer to the different approaches a person can take to evaluate interactions among individuals working in an organization. There are three approaches in evaluating an interaction between employees in an organization, which are (1) Traditional perspective, (2) Interpretive perspective, and (3) Critical perspective (Papa, Daniels Spiker, 2007). Those perspectives describe and illustrate the flow of information or messages within an organization. Organizational communication perspectives consider both the internal and external communication environment. However, the goal for organizational communication perspectives is to deliver the correct information or messages in the proper way. In addition, new management theories aim to improve communication within an organization. Management theories such as scientific, classical, and human relations help to increase productivity and efficiency of individuals in an organization. More than one theory ca n apply to a single organization. However, choosing a management theory depends on the nature of the organization and the size of the workforce. This research paper will discuss the three organizational communication perspectives, various management theories, and how they can apply on the Four Season hotels. The Four Seasons Hotels and Resorts is a Canadian company that has been operatingShow MoreRelatedOrganizational Communication : An Organization1591 Words   |  7 PagesIntroduction The way in which individuals in an organization communicate with each other is what organizational communication is referred as in the simplest of terms. However, a little more precisely in terms of organizational communication as a field, it is defined as the consideration, study, and the censure of communication. 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