The Beauty of America's Democracy
2 July 2023 By Abiodun Kareem Giwa
It is the people's government, by the people, and for the people. The people elect their representatives, and the executive, though the executive nominates the justices to the highest court, but they are confirmed or denied confirmation by the people's representatives. It is the story of the executive, Judiciary, and Legislature and the separation of powers in which no one is superior to others. The independence of each determines the health or otherwise of the polity. Recent decisions by the Supreme Court in the United States bring to mind the beauty of Democracy; imperfect as it is, it still ensures no overreach by the executive through checks and balances.
People remember the SCOTUS reversal of Rode vs. Wade over the abortion policy. The ink and the argument over the reversal had not dried when the same court decided against the Affirmative Act. And while discussions over the latest SCOTUS act were hot, another decision to end the expectation of students loan bailout followed. The court also ruled that a web designer should be free to reject work from an LGBTQ if the designer deems it unfit, and an employee can refuse to work on Sunday.
The court is the final arbiter between various arms of government and ensures people's freedom. The Liberals cried foul when the abortion policy came under the court's hammer, and the Conservatives said the court had decided the abortion issue a state matter and no longer a national problem. And the Liberals have also cried foul over the reversal of the affirmative action policy. At the same time, Conservatives say Affirmative Action in college admission is long overdue for a new approach that recognizes individual student abilities rather than using race to determine entries. There were times the SCOTUS's decisions made the Conservatives cringe. Recently, the Biden administration scored high against the Republican Party over an immigration deportation policy case brought by Texas and Louisiana.
The story of the SCOTUS' reversal of the Affirmative Act began with Asians' legal challenge of the policy. It is under the Federal Equal Employment Opportunity Laws and Other Employee Protections in Human Resources Management for Public and Non-Public Organizations by Joan E. Pynes. Affirmative Action prohibits employment discrimination due to race, color, sex, national origin, religion, or disability. Affirmative Action in college admission began in 2003 when the SCOTUS approved to race in admissions. The SCOTUS set the precedence aside when it said affirmative action programs at Harvard and the University of North Carolina are unconstitutional and that it violates the Equal Protection Clause of the 14th Amendment. The SCOTUS reversal of Affirmative Action in college admission came upon hearing a case filed by Asian nationals challenging affirmative Action at Harvard and the University of North Carolina. The court uses words as such narrowly tailored against quota.
The SCOTUS set the precedence aside when it said affirmative action programs at Harvard and the University of North Carolina are unconstitutional and that it violates the Equal Protection Clause of the 14th Amendment. The 14th Amendment was passed in 1866, granted citizenship to all persons born or naturalized in the United States, including formerly enslaved people, and provided all citizens with equal protection under the law, according to the United States Senate's record. The shooting down of Biden students' loan bailout shows the SCOTUS as looming larger and playing a role carved out for it in the Constitution.
Chief Justice Roberts was clear when he reiterated Nancy Pelosi's words as then Speaker of the House " People think that the President of the United States has the power for debt forgiveness. He does not," Roberts quoted Pelosi. And aside from Pelosi's position and Roberts's corroboration, people with knowledge of the Public Policy Process know the President's assuming the role of Congress is wrong. Comparing the Heroes Act to the student loan bailout is abnormal. The Democratic Party controlled the House when the before the current Republican leadership. Why did Biden not pass through the House?
It is about respect for the Constitution and not arrogation of power. Power is only useful with authority. Authority is the legitimation of power. Many people say President Biden knows he lacks the authority to forgive students' loans. Still, he floated the forgiveness program to win the hearts of graduates with loans for the benefit of his party in the elections.
Do the President and members of his party in Congress agree on the student loan bailout, and who has the authority? The disagreement between him and Pelosi shows they don't. Should they not settle on their programs for their party and the country's health rather than blaming the Republican Party for everything?
People remember the SCOTUS reversal of Rode vs. Wade over the abortion policy. The ink and the argument over the reversal had not dried when the same court decided against the Affirmative Act. And while discussions over the latest SCOTUS act were hot, another decision to end the expectation of students loan bailout followed. The court also ruled that a web designer should be free to reject work from an LGBTQ if the designer deems it unfit, and an employee can refuse to work on Sunday.
The court is the final arbiter between various arms of government and ensures people's freedom. The Liberals cried foul when the abortion policy came under the court's hammer, and the Conservatives said the court had decided the abortion issue a state matter and no longer a national problem. And the Liberals have also cried foul over the reversal of the affirmative action policy. At the same time, Conservatives say Affirmative Action in college admission is long overdue for a new approach that recognizes individual student abilities rather than using race to determine entries. There were times the SCOTUS's decisions made the Conservatives cringe. Recently, the Biden administration scored high against the Republican Party over an immigration deportation policy case brought by Texas and Louisiana.
The story of the SCOTUS' reversal of the Affirmative Act began with Asians' legal challenge of the policy. It is under the Federal Equal Employment Opportunity Laws and Other Employee Protections in Human Resources Management for Public and Non-Public Organizations by Joan E. Pynes. Affirmative Action prohibits employment discrimination due to race, color, sex, national origin, religion, or disability. Affirmative Action in college admission began in 2003 when the SCOTUS approved to race in admissions. The SCOTUS set the precedence aside when it said affirmative action programs at Harvard and the University of North Carolina are unconstitutional and that it violates the Equal Protection Clause of the 14th Amendment. The SCOTUS reversal of Affirmative Action in college admission came upon hearing a case filed by Asian nationals challenging affirmative Action at Harvard and the University of North Carolina. The court uses words as such narrowly tailored against quota.
The SCOTUS set the precedence aside when it said affirmative action programs at Harvard and the University of North Carolina are unconstitutional and that it violates the Equal Protection Clause of the 14th Amendment. The 14th Amendment was passed in 1866, granted citizenship to all persons born or naturalized in the United States, including formerly enslaved people, and provided all citizens with equal protection under the law, according to the United States Senate's record. The shooting down of Biden students' loan bailout shows the SCOTUS as looming larger and playing a role carved out for it in the Constitution.
Chief Justice Roberts was clear when he reiterated Nancy Pelosi's words as then Speaker of the House " People think that the President of the United States has the power for debt forgiveness. He does not," Roberts quoted Pelosi. And aside from Pelosi's position and Roberts's corroboration, people with knowledge of the Public Policy Process know the President's assuming the role of Congress is wrong. Comparing the Heroes Act to the student loan bailout is abnormal. The Democratic Party controlled the House when the before the current Republican leadership. Why did Biden not pass through the House?
It is about respect for the Constitution and not arrogation of power. Power is only useful with authority. Authority is the legitimation of power. Many people say President Biden knows he lacks the authority to forgive students' loans. Still, he floated the forgiveness program to win the hearts of graduates with loans for the benefit of his party in the elections.
Do the President and members of his party in Congress agree on the student loan bailout, and who has the authority? The disagreement between him and Pelosi shows they don't. Should they not settle on their programs for their party and the country's health rather than blaming the Republican Party for everything?
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