Marriage And Family, Very Final
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  • 1. Chapter 15 Families and Intimate Relationships
  • 2. Chapter Outline • Families in Global Perspective • Theoretical Perspectives on Families • Developing Intimate Relationships and Establishing Families • Child-Related Family Issues and Parenting • Transition and Problems in Families • Family Issues in the Future
  • 3. Theoretical Perspectives Theory Focus Role of families in Functionalist maintaining stability of society and individuals’ well-being. Conflict/ Families as sources of feminist conflict and social inequality.
  • 4. Functionalist Perspective: Four Functions of Families 1. Sexual regulation 2. Socialization 3. Economic and psychological support for members. 4. Provision of social status and reputation.
  • 5. Traditional Definition of Family • A group of people who are related by blood, marriage, or adoption, live together, are an economic unit, and bear and raise children.
  • 6. Family • While a relationship between a husband and wife is based on legal ties, relationships between parents and children may be established by blood ties or legal ties.
  • 7. Deciding to Have Children • Society's bias is to assume having children is the norm. • Infertility affects nearly five million U.S. couples, or one in twelve couples in which the wife is between the ages of fifteen and forty- four. • 44% of pregnancies are intended, 56% are unintended.
  • 8. How Much Do You Know About Trends in U.S. Family Life True or False? • The number of children living with grandparents and with no parent in the home increased by more than 50% between 1990 and 2000.
  • 9. True • The number of children living with grandparents and with no parent in the home grew by 51.5% between 1990 and 2000.
  • 10. Changing Family Patterns • Changing family patterns have made sights such as this more common, as children travel to be reunited with a parent or family member.
  • 11. New Definition of Family • Relationships in which people live together with commitment, form an economic unit and care for any young, and consider their identity to be significantly attached to the group.
  • 12. Household Composition, 1970 and 2003 1970 2003 Married couples with children 40.3% 23.3% Married couples without 30.3% 28.2% children Persons living alone 17.1% 26.5% Other family households 10.6% 16.4 % Nonfamily Households 1.7% 5.6%
  • 13. Marital Status of U.S. Population 18 and Over by Race/Ethnicity
  • 14. Diversity Among Singles • Among persons age 15 and over, 43.4% of African Americans have never married, compared with 35.3% of Latinos/as, 31.3% of Asian and Pacific Islander Americans, and 26.1% of whites.
  • 15. Two-Parent Households • Parenthood in the United States is idealized, especially for women. • Children in two-parent families are not guaranteed a happy childhood simply because both parents reside in the same household.
  • 16. Housework and Child-Care Responsibilities • Today, over 50% of all marriages in the United States are dual-earner marriages - marriages in which both spouses are in the labor force. – The second shift is the domestic work that employed women perform at home after they complete their workday on the job.
  • 17. The “Second Shift” • Juggling housework, child care, and a job in the paid work force are all part of the average day for many women. • Why does sociologist Arlie Hochschild believe that many women work a “second shift”?
  • 18. Divorce • The legal process of dissolving a marriage. • Most divorces today are granted on the grounds of irreconcilable differences, meaning that there has been a breakdown of the relationship for which neither partner is blamed. • Over the past 100 years, the U.S. divorce rate has varied from a low of 0.7 in 1900 to an all-time high of 5.3 in 1981.
  • 19. Divorce Rates • Over the past 100 years, the U.S. divorce rate varied from a low of 0.7 in 1900 to an all-time high of 5.3 in 1981. • By 2004, it had decreased to 3.7 • Recent studies have shown that 43% of first marriages end in separation or divorce within fifteen years. • One in three first marriages ends within ten years, and one in five ends within five years.
  • 20. Social Characteristics of Those Likely to Get Divorced • Marriage at an early age (59% of marriages to brides under 18 end in separation or divorce within 15 years. • A short acquaintanceship before marriage. • Disapproval of the marriage by relatives and friends. • Limited economic resources.
  • 21. Social Characteristics of Those Likely to Get Divorced • A high school education or less (although deferring marriage to attend college may be more of a factor than education per se). • Parents who are divorced or have unhappy marriages. • The presence of children (depending on gender and age) at the beginning of the marriage.
  • 22. Consequences of Divorce • One of the most dramatic consequences of divorce affects children, many of whom divide their time between the households of their mother and father. • The burden of child rearing in single-parent households falls most heavily on women.
  • 23. Single Parenting • 42% of white children and 86% of African American children spend part of their childhood in a single parent household. • Lesbian and gay parents are often counted as single parents, however many share parenting with partner.
  • 24. Single Parent Households • Mothers and fathers in single-parent households must meet their children’s daily needs without help from others. • Even children in two- parent households, are not guaranteed a happy childhood.
  • 25. Remarriage • In recent years, more than 40% of all marriages were between previously married brides and/or grooms. • Among individuals who divorce before age 35, about half will remarry within 3 years. • Some people become part of stepfamilies or blended families, which consist of a husband and wife, children from previous marriages, and children (if any) from the new marriage.
  • 26. Symbolic Interactionist Perspective • How family problems are perceived and defined depends on: – Patterns of communication. – The meanings people give to roles and events. – Individual interpretations of family interactions.
  • 27. Eating a Commonplace Family Social Activity?
  • 28. Romantic Love • In the United States, the notion of romantic love is intertwined with our beliefs about how and why people develop intimate relationships and establish families.
  • 29. Why People Get Married • Being "in love." • Desiring companionship and sex. • Wanting to have children. • Social pressure. • Attempting to escape from their parents' home. • Believing they will have greater resources.
  • 30. Marriage • Legally recognized arrangement between two or more individuals that carries certain rights and obligations. • Monogamy is the only form of marriage sanctioned by law in the United States. • Establishes a system of descent so kinship can be determined.
  • 31. Domestic Partnership • Household partnerships in which an unmarried couple lives together in a committed, sexually intimate relationship and is granted the same rights and benefits as those accorded to married heterosexual couples.
  • 32. Gay and Lesbian Couples • Although lesbian and gay couples have limited options for establishing legally recognized marriages in the United States, many such couples are committed to their relationship with each other and with their children.
  • 33. Cohabitation • Cohabitation refers to a couple who live together without being legally married. • Based on Census Bureau data, the people who are most likely to cohabit are under age 45, have been married before, or are older individuals who do not want to lose financial benefits that are contingent upon not remarrying.
  • 34. How Much Do You Know About Contemporary Trends in Family Life? True or False? • People under age 45 are more likely to cohabit than are people over age 45.
  • 35. True • People under age 45 are more likely to cohabit than are older individuals.
  • 36. Postmodern Perspective • Families are diverse and fragmented. • Boundaries between workplace and home are blurred. • Family problems are related to cyberspace and consumerism in an age characterized by high- tech “haves’ and “have-nots.”
  • 37. Family Structure and Characteristics • An extended family is composed of relatives in addition to parents and children who live in the same household. • A nuclear family is composed of one or two parents and their dependent children, all of whom live apart from other relatives.
  • 38. Family Structure and Characteristics • Kinship refers to a social network based on common ancestry, marriage, or adoption. • Family of orientation is the family into which a person is born and in which early socialization usually takes place. • Family of procreation is the family a person forms by having or adopting children.
  • 39. Patterns of Descent and Inheritance • Patrilineal descent is a system of tracing descent through the father’s side of the family. • Matrilineal descent is a system of tracing descent through the mother’s side of the family. • Bilateral descent is a system of tracing descent through both the mother’s and father’s sides of the family.
  • 40. Power and Authority in Families • A patriarchal family is a family structure in which authority is held by the eldest male. • A matriarchal family is a family structure in which authority is held by the eldest female. • An egalitarian family is a family structure in which both partners share power and authority equally.
  • 41. Polygamy • Concurrent marriage of a person of one sex with two or more members of the opposite sex. • The most prevalent form of polygamy is polygyny—the concurrent marriage of one man with two or more women. • Polyandry is the concurrent marriage of one woman with two or more men.
  • 42. Marriage Patterns • Endogamy is the practice of marrying within one’s own group. • Homogamy is the pattern of individuals marrying those who have similar characteristics. • Exogamy is the practice of marrying outside one’s social group or category.
  • 43. Marriage and Family re: Essay •Unfavorable treatment in terms of tax code (aka Marriage Penalty); •Right to bear arms; •Parents rights relatives to their children; •children suing parents; •emancipated adult status;
  • 44. Emancipation of minors From Wikipedia, the free encyclopedia
  • 45. Emancipation of minors is a legal mechanism by which a minor is freed from control by their parents or guardians, and the parents or guardians are freed from any and all responsibility toward the child. Until an emancipation is granted by a court, a minor is still subject to the rules of their parents or guardians. . Whether parental consent is needed to achieve the "emancipated" status varies from case to case. In some cases, court permission is necessary. Protocols vary by jurisdiction.
  • 46. Emancipation in the United States of America A person is a minor (and therefore under the control of their parents or guardians) until they attain the Age of Majority (18 years old in most states), at which point they’re an adult. However, in special circumstances, a minor can be freed from control by their guardian before turning 18. In most states, the circumstances in which a minor becomes emancipated are enlisting in the military and marrying, both of which require parent or guardian consent, or obtaining a court order from a judge.
  • 47. The exact laws and protocols for obtaining emancipation vary from state to state. In most states, the minor must file a petition with the family court in the applicable jurisdiction, formally requesting emancipation and citing reasons why it is in their best interest to be emancipated. The minor must prove financial self- sufficiency. Many states require that the minor has been living separate from their parents or guardians for a period of time; however, consent of the parents or guardians is necessary in order to avoid being classified simply as "running away.“ In some states, free legal aid is available to minors seeking emancipation, through children's law centers. This can be a valuable resource for minors trying to create a convincing emancipation petition. Students are able to stay with a guardian if necessary.
  • 48. ParentalRights.org exists to protect children by empowering parents through the passage of the Parental Rights Amendment to the U.S. Constitution, and by defeating U.S. ratification of the U.N. Convention on the Rights of the Child.
  • 49. Ten things you need to know about the structure of the CRC. It is a treaty which creates binding rules of law. It is no mere statement of altruism. Its effect would be binding on American families, courts, and policy-makers. Children of other nations would not be impacted in any direct way by our ratification. The CRC would automatically override almost all American laws on children and families because of our Supremacy Clause. The CRC has some elements that are self-executing, while others would require implementing legislation. Federal courts would have the power to determine which provisions were self-executing. The Courts would have the power to directly enforce the provisions that are self-executing.
  • 50. Congress would have the power to directly legislate on all subjects necessary to comply with the treaty. This would constitute the most massive shift of power from the states to the federal government in American history. A committee of 18 experts from other nations, sitting in Geneva, has the authority to issue official interpretations of the treaty which are entitled to binding weight in American courts and legislatures. This effectively transfers ultimate authority for all policies in this area to this foreign committee. Under international law, the treaty overrides even our Constitution. Reservations, declarations, or understandings intended to modify our duty to comply with this treaty will be void if they are determined to be inconsistent with the object and purpose of the treaty.
  • 51. Ten things you need to know about the substance of the CRC. Parents would no longer be able to administer reasonable spankings to their children. A murderer aged 17 years, 11 months and 29 days at the time of his crime could no longer be sentenced to life in prison. Children would have the ability to choose their own religion while parents would only have the authority to give their children advice about religion. The best interest of the child principle would give the government the ability to override every decision made by every parent if a government worker disagreed with the parent’s decision A child’s “right to be heard” would allow him (or her) to seek governmental review of every parental decision with which the child disagreed.
  • 52. •According to existing interpretation, it would be illegal for a nation to spend more on national defense than it does on children’s welfare. •Children would acquire a legally enforceable right to leisure. •Christian schools that refuse to teach "alternative worldviews" and teach that Christianity is the only true religion "fly in the face of article 29" of the treaty. •Allowing parents to opt their children out of sex education has been held to be out of compliance with the CRC. •Children would have the right to reproductive health information and services, including abortions, without parental knowledge or consent.
  • 53. CONGRESSIONAL CO-SPONSORS 78 H.J. Res. 42 Includes lead sponsor, Rep. Pete Hoekstra. Last updated April 21, 2009.
  • 54. The Threat of Eroding Supreme Court Consensus Support for parental rights has been gradually eroding within the federal court system for years. Many judges are denying parental rights or refusing to recognize them—at the expense of countless American families. Their reasons for devaluing parental rights vary, but the danger to the child- parent relationship remains critical.
  • 55. SOBERING WARNINGS The most recent Supreme Court case to address parental rights is the 2000 case of Troxel v. Granville, in which the Court ruled that a Washington State grandparent-visitation statute failed to respect "the fundamental right of parents to make decisions concerning the care, custody, and control of their children."
  • 56. Citing extensive case precedent, the plurality decision of the Court declared that the right of parents to direct the upbringing and education of their children is a fundamental right, with a rich heritage in American law. The Court also found that the grandparent- visitation statute did not respect the fundamental rights of parents, but instead gave preference to what the state deemed to be in the child's best interest. Because of the fundamental nature of parental rights, the government could not overrule a parent’s decision simply by questioning that decision.
  • 57. AN UNCERTAIN FOUNDATION Although a total of six Supreme Court justices ultimately sided with the parent in Troxel, the Court had difficulty agreeing on the precise legal status of parental rights. Only four of the justices – one short of the five justices required to form a majority – agreed in the opinion that parental rights were fundamental, implied rights that were protected by the Constitution.
  • 58. HOSTILITY TO PARENTAL RIGHTS Justice David Souter was the fifth judge to vote for the parent in Troxel, but he refused to support the decision penned by the other four justices. In his concurring opinion, Souter disagreed that parental rights were fundamental, insisting instead that the Supreme Court has never "set out exact metes and bounds to the protected interest of a parent in the relationship with his child." Souter then concluded that whatever the proper status of parental rights, the Washington Statute violated it by allowing visitation by "any party" at "any time" a judge believed he could make a "better" decision. Although Souter voted for the parent in Troxel, his assertion that the Supreme Court has never defined the extent of parental liberty leaves serious questions about whether he would support parental rights in the future.
  • 59. SCALIA AND "IMPLIED RIGHTS" The first of these justices, Antonin Scalia, rejected the parent's argument in Troxel because the rights of parents are not guaranteed by an express provision of the Constitution. Scalia is an adherent of "textualism," meaning that he believes the role of the Supreme Court is to apply the requirements of the Constitution as-written, instead of reading additional meanings into its text in order to meet the changing needs of society. Thus, even though Scalia agreed that parental rights were probably among the "unalienable rights" of Americans mentioned in the Declaration of Independence, the Court did not have the authority to enforce them because they have not been explicitly enumerated in the Constitution. Scalia feared that if the Court recognized an implied right, the courts could reinterpret and redefine that right at will, which would allow the courts to freely interfere with family law whenever they wished.
  • 60. STEVENS, KENNEDY, AND THE "BALANCING ACT“ The two remaining justices on the Court –John Paul Stevens and Anthony Kennedy – refused to acknowledge the fundamental nature of parental rights or their place in our history. Instead, these justices urged that the rights of parents be balanced equally against additional interests, and that the Court should determine which interests should prevail.
  • 61. Justice Kennedy denied that parental rights should always be protected as fundamental rights, claiming that such a theory is "too broad to be correct.“ In his dissenting opinion, Kennedy disputes America’s long- standing respect for parental rights, boldly asserting that "'our Nation's history, legal traditions, and practices do not give us clear or definitive answers" about the nature of these rights. Kennedy also contended that the "best interests of the child standard" has become a staple of family law, and could also enter into the judicial equation as another interest to be weighed against the rights of parents.
  • 62. Justice Stevens went one step further and claimed that a third set of interests should always be introduced into the equation: the interests of the state. Stevens agreed that parental rights are certainly among "the constellation of liberties" protected by the Constitution, but also contended that the state has responsibilities when it comes to the care of children, and that "children are in many circumstances possessed of constitutionally protected rights and liberties" as well. In Stevens' view, when the interests of parents, the state, and the child conflict, the job of the Supreme Court is to balance these competing interests and determine what actions serve the best interests of the child.
  • 63. THE UNKNOWN Finally, it remains to be seen how the two newest members of the Court – Chief Justice John Roberts and Justice Samuel Alito – will vote when it comes to parental rights. Both are considered to be conservative justices, but as the records of Thomas and Scalia demonstrate, they could fall either way on the issue of parental rights, and early indicators suggest they would side with Scalia. Furthermore, even if both of these justices rule that parental rights are "fundamental," the fate of parental rights will hang precariously on the thread of a slim 5-4 majority.
  • 64. The vital relationship between child and parent is far too precious to be entrusted to such slender odds, but if we rely on the Supreme Court to guarantee our freedoms, these are precisely the odds we are risking.
  • 65. Now is the time to ensure that parental rights are protected and preserved for generations to come. The only way we can achieve this is through an amendment to the Constitution, an amendment that guards what millions of Americans have valued for generations: the vital relationship that children share with their parents.
  • 66. The Parental Rights Amendment to the Constitution: SECTION 1 The liberty of parents to direct the upbringing and education of their children is a fundamental right. SECTION 2 Neither the United States nor any State shall infringe upon this right without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served. SECTION 3 No treaty may be adopted nor shall any source of international law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this article.
  • 67. Marriage and the Family Issues2006.org
  • 68. Wikpedia: The Heritage Foundation is an American conservative-leaning think tank based in Washington, D.C. The foundation took a leading role in the conservative movement during the presidency of Ronald Reagan, whose policies drew significantly from Heritage's policy study Mandate for Leadership.[1] Heritage has since continued to have a significant influence in U.S. public policy making, and is widely considered to be one of the most influential research organizations in the United States, especially during the Republican administration of President George W. Bush.[2]
  • 69. By Patrick F. Fagan The basic unit of society is the family, and the cornerstone of the family is marriage, the union of one man and one woman. Deeply rooted in all societies, marriage is a fundamental social institution that has been tested and reaffirmed over thousands of years. Children especially need marriage. The family yields significant "social capital" and other benefits to society, and children in an intact family have the most promising life prospects. Parents have the right and responsibility to oversee the education and upbringing of their children.
  • 70. Recommendations •Defend and strengthen marriage and the family in federal and state law and policies. As an institution, marriage is the foundation of a harmonious and enriching family life and the basic building block of our society. It is not a casual relationship, but one that carries many obligations and benefits affecting husbands and wives, fathers and mothers, sons and daughters, and thus every individual in society. All household forms other than the intact family—a man and woman who are married and raising their biological children—increase children’s risk of poor development and achievement, which in turn increases the likelihood that they will need costly social services.
  • 71. •Ease economic and other burdens on families. Federal and state governments should encourage marriage as the foundation of family life. Government benefits should not be distributed in ways that will create a disincentive to marry or that would effectively establish institutions parallel to marriage. Children fare best and have the most promising life prospects when they are raised in intact families. Data from alternate household forms over the past several decades have reaffirmed that the intact family remains the best environment for children. The law has an interest in setting marriage apart from all other household forms. These other forms have not been able to guarantee the same level of security for the welfare of the next generation, nor do they give children the institution they need: their married parents.
  • 72. •Encourage healthy marriages through welfare reform and other social service programs. Family breakdown is closely associated with child poverty. Efforts to strengthen the family and discourage unwed childbearing have yielded impressive results since the 1996 reforms, and the President’s Healthy Marriage Initiative—included in the recent welfare reauthorization—is a good next step. Promoting marriage has the potential to significantly decrease poverty and dependence, increase child well-being and adult happiness, and provide the safest environment for women and children.
  • 73. •Reserve major decisions on marriage to legislatures, not judges. Marriage is not merely a private contract or personal consensual relationship, but a matter of common interest and public concern. It is a fundamental and universal institution whereby a man and woman are joined together for the primary purpose of forming and maintaining a family. Individual marriages are recognized by the state, but the institution of marriage itself was not created— and thus cannot be redefined—by government.
  • 74. •Defer to parental rights regarding the education and welfare of minor children. Federal and state government policy should not overturn the rights of parents. Policies should provide for ultimate parental decision-making, particularly when it regards the health and welfare of children.
  • 75. www3.brookings.edu/to pics/social-issues.
  • 76. Brookings Institution From Wikipedia, the free encyclopedia The Brookings Institution is a non-profit, non-partisan public policy organization based in Washington, D.C.[1] One of Washington's oldest think tanks, Brookings conducts research and education in the social sciences, primarily in economics, metropolitan policy, governance, foreign policy, and global economy and development.[2][3] Their stated mission is to "provide innovative and practical recommendations that advance three broad goals: strengthen American democracy; foster the economic and social welfare, security and opportunity of all Americans; and secure a more open, safe, prosperous and cooperative international system."[1] Brookings states that its scholars "represent diverse points of view" and describes itself as non-partisan[1][4], while contemporary media descriptions of Brookings range from liberal to centrist to independent, reflecting its current researchers' positions and output.
  • 77. Winter 2008 — In the United States, public investment in children typically does not begin until they are age five or six and enter a public school system. Until that time, we regard the care of young children as the almost exclusive domain of parents, relying on them to provide an environment that will promote healthy physical, intellectual, psychological, and social development. Good care early in life helps children to grow up acquiring the skills to become tomorrow’s adult workers, caregivers, taxpayers, and citizens. Yet today, many parents are stretched thin, in both time and money, trying to care for their young children, while early in their own careers. Parents across the socioeconomic spectrum struggle to balance both their children’s developmental needs and the demands of their employers.
  • 78. More Related Content » Increasingly, research has demonstrated that investing in high-quality services for young children and their parents produces significant returns, both to individuals and to the larger economy. For instance, biomedical research shows that the development of neural pathways in the brains of infants and toddlers is influenced by the quality of their interactions with other people and their surroundings. Rigorous evaluations of a number of early childhood programs reinforce the lessons of brain research. Children who participate in effectively designed preschool programs achieve more in elementary school, are less likely to be held back a grade or to need special education, and are more likely to graduate from high school. Addressing gaps in skills at an early age gives more children from disadvantaged families a fighting chance to achieve the American Dream. Despite this growing body of research on the importance of the early years on development and achievement, the federal government has provided little direct support to young children and families. However, there has been a significant change at the state government level, with a majority of states adopting public pre- kindergarten programs and other forms of early childhood intervention. In addition, attitudes toward public investment in the pivotal early childhood years are shifting, and the time is ripe for federal leadership in developing policies to support young children and their families as a key part of a domestic policy agenda. Below, I outline three policy proposals that have proved cost-effective and that can help to reduce
  • 79. Washington, D.C. Telephone: (202) 833-7200 n Fax: (202) 429-0687 n E- Mail: paffairs@ui.urban.org n Web Site: http://www.urban.org Series editor: Elaine Sorensen This series, funded by the Charles Stewart Mott Foundation, considers policies that help low-income parents provide the emotional and financial support their children need. The views expressed are those of the authors and do not necessarily reflect those of the Urban Institute, its board, its sponsors, or other authors in the series. Copyright ã September 1998 This brief is available on the Urban Institute’s web site: www.urban.org.
  • 80. LOW-INCOME FAMILIES AND THE MARRIAGE TAX Promoting marriage was one of the primary goals of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. But for most two-earner couples, the tax system does not support this goal. A couple with two children and $11,000 in earnings each loses $1,491 in annual after-tax income simply by virtue of marriage. Marriage penalties are highest as a percentage of income for low-income couples, who are also penalized by the phaseout of such transfer programs as food stamps and Medicaid. Penalties from the tax system and penalties from the transfer system combine to cost low-income married couples as much as 30 percent of their income.
  • 81. Who Is Affected and How? Not all married couples are subject to marriage penalties. Slightly over half pay lower taxes as a result of marriage. These couples receive marriage subsidies under the tax system. In general, couples in which one spouse earns all or most of the income receive marriage subsidies, while those with two similar income earners pay marriage penalties. This pattern of subsidies and penalties is the natural outcome of a tax system that is both progressive and based on family rather than individual income.
  • 82. Primary Reasons for Teen Pregnancy: Microlevel • Many sexually active teens don’t use contraceptives. • Teenagers may receive little accurate information about the use of contraception. • Some teenage males believe females should be responsible for contraception. • Some teenagers view pregnancy as a sign of male prowess or as a way to gain adult status.
  • 83. Myths of Teenage Fathers 1. They engage in sexual activity early and often. 2. They sexually exploit unsuspecting females. 3. They have a need to prove their masculinity.
  • 84. Myths of Teenage Fathers 4. They have few emotional feelings for the women they impregnate. 5. They are rarely involved in caring for and rearing their children.
  • 85. POLITICAL INSTITUTION I. Principle of Representative Government A. campaign funding B. interest group influence C. pervasive presence of lawyers) II. Voting (Amendment 26) A. rising voter apathy B. differential access 1) homeless (require proof of residency) 2) primary (requires declaring political affiliation) III. Court System (6th, 7th & 8th Ammendments) A. speedy trials B. justice is blind principle? (affordability for legal representation)
  • 86. II. ECONOMIC INSTITUTION A. Principle of Life, Liberty & Pursuit of “Personal” Happiness 1) rising taxes and growing complexity, therein 2) failing social security/medicare programs (i.e., forced-choice participation) B. Principle of Free-Enterprise 1) increasing role of government in directing private business activity (i.e. firing of GM boss, penalizing ad hoc AIG bonus recipients) 2) government subsuming/subsidizing more services/businesses that were once private endeavors (i.e., agriculture, automotive, banking, MLB AND NFL) 3) government fostering unfettered legalistic environ (i.e., increases in medical malpractice lawsuits)
  • 87. Education Institution Principle of Life, Liberty & Pursuit of Happiness •Unequal access to quality Education •Voucher programs not readily available for parents requiring • Subsidization of private schooling or home schooling option •Education focus departed from Jefferson’s vision of 3-tiered education System (i.e, Elementary, Vocational & University) •Student’s right to privacy (i.e., The Fourth Amendment protects citizens from unreasonable search and seizure. The government may not conduct any searches without a warrant, and such warrants must be issued by a judge and based on probable cause). locker searches random drug testing of student athletes confiscation of cell phones, etc.
  • 88. Religious Institution The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances. •Issuance of tax exempt status to selected religious institutions •Reinforces the strength of particular religious organizations over others •Christian Coalitions strong presence in the political system, in large measure through supportive government policy (i.e, taxation, issuance of not for profit status, etc.) •Religious organizations are business enterprises, granted Favorable treatment, vis-à-vis tax code, leadership subsidies, etc. Separation of Church & State Principle •“In God We Trust”, struck on Currency •Nativity Scenes, Menohara’s erected on Government Property
  • 89. Marriage and Family re: Essay •Unfavorable treatment in terms of tax code (aka Marriage Penalty); •Right to bear arms; •Parents rights relatives to their children; •children suing parents; •emancipated adult status;