Tuesday, October 29, 2013

The Anti-Federalists - Post #6

Richard Henry Lee's Letters from the Federal Farmer (1787), Letter I

"The trials by jury is very important in another point of view.  It is essential in every free country, that common people should have a part and share of influence, in the judicial as well as legislative department.  To hold open to them the offices of senators, judges and offices to fill which an expensive education is required cannot answer any valuable purposes for them; they are not in a situation to be brought forward and to fill those offices; these, and most of the offices of any considerable importance, will be occupied by the few.  The few, the well born, etc. as Mr. Adams calls them, in judicial decisions as well as in legislation, are generally disposed, and very naturally too, to favor those of their own description."

In this passage, Lee is stating the obvious, that most minority and/or poor people cannot occupy these important positions because they simply do not have the means to accomplish the educational requirements for the judge and legislative departments.  It is clear that this is still present and prevalent to this day.  I cannot honestly say that I have not witnessed my fair share of minorities holding these powerful and important positions/roles, but I can say that the "few" or the elite are still very dominant in this area. What Lee is trying to say is, why make it appear as if ANYONE can attain these positions as if it were truly up for grabs allowing for a trial to be truly fair and honest.  

It is up to the "people" to look out for their own kind.  Unfortunately, racism still exists in the judicial system as well as the government.  I will not say that ALL politicians and judges are looking out for their own but how many times have we all witnessed the unjust actions of a judge who did not favor the same description of that person being tried. 
I also believe that a person has control over his/her own fate.  If a poor minority truly WANTS to become someone of importance, they will stop at nothing to achieve this.
 


Differences between horizontal and vertical federalism

Vertical federalism means that the Federal government is granted power by the Constitution oer defense, monetary policy, foreign policy and the regulation of inter-state commerce.  The States are left to govern themselves.  Horizontal federalism states that no branch of the government can lend itself to another.  This statement means that no parties within the government should coincide when, in fact, they MUST work together in order for the government to work as a whole.



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