Saturday, March 14, 2020

Free Exercise Clause Definition

Free Exercise Clause Definition The Free Exercise Clause is the part of the First Amendment that reads: Congress shall make no law ... prohibiting the free exercise (of religion) ... The Supreme Court has, of course, never interpreted this clause  in a completely literal way. Murder is illegal, for example, regardless of whether it is committed for religious reasons. Interpretations of the Free Exercise Clause   There are two interpretations of the Free Exercise Clause: The first freedoms interpretation  holds that Congress may restrict religious activity only if it has a compelling interest in doing so. This means that Congress may not, for example, ban the hallucinatory drug peyote that is used by some Native  American traditions because it has no compelling interest in doing so.  The nondiscrimination interpretation holds that Congress may restrict religious activity as long as the intent of a law is not to restrict religious activity. Under this interpretation, Congress can ban peyote as long as the law is not specifically written to target a specific religious practice. Interpretation largely  becomes a non-issue when religious practices stay within the confines of the law. The First Amendment clearly protects an American’s right to worship as he chooses when the practices of his religion are in no way illegal. It’s typically not illegal to confine a venomous snake in a cage at a service, for example, provided all wildlife licensing requirements are met. It might be illegal to turn that venomous snake loose among a congregation, resulting in a worshiper being struck and subsequently dying. The question becomes whether the worship leader who turned the snake loose is guilty of murder or – more likely – manslaughter. An argument can be made that the leader is protected by the First Amendment because he did not set the snake free with the intent of harming the worshiper but rather as part of a religious rite.   Challenges to the Free Exercise Clause   The First Amendment has been challenged numerous times over the years when crimes are unintentionally committed in the course of practicing religious beliefs.  Employment Division v. Smith, decided by the Supreme Court in 1990, remains one of the more noteworthy examples of a bona fide legal challenge to the first freedoms interpretation of the law. The court had previously held that the burden of proof fell to the governing entity to establish that it had a compelling interest in prosecuting even if it meant infringing upon the individual’s religious practices. Smith changed that premise when the court ruled that a governing entity does not have that burden if the law that was violated applies to the general population and does not target the faith or its practitioner per se.   This decision was tested three years later in a 1993 decision in Church of the Lukumi Babalu Aye v. City of Hialeah. This time, it held that because the law in question – one that involved animal sacrifice – specifically affected the rites of a certain religion, the government did indeed have to establish a compelling interest.

Wednesday, February 26, 2020

Federalism Essay Example | Topics and Well Written Essays - 250 words - 2

Federalism - Essay Example As Washington D.C. continues to come up with laws and regulations to guide the entire nation without engaging in much consultation with the states governments, the state legislators have voiced their disappointed for failing to be included in the process and have done this by introducing bills that seek to nullify some of the national government’s laws and regulations. State regulators claim that the national government has engaged in overregulation and have decided not to sit back and watch. The year 2014 marks the period when there has been an explosion of bills and this has aggravated the conflict between the national government and state governments further (Wheeler, â€Å"States Rise Up†). Due to the fact that federalism involves a nation being ruled by two forms of government or there being power sharing, conflicts are bound to emerge. In the second article, conflict between the national government and state governments over the issue of drug approval is discussed. An example of two terminally ill patients from the state of Massachusetts and who are brothers is given (Ollove, â€Å"Right-To-Try†). The boys suffer from a disease known as Duchenne muscular dystrophy. Due to lack of proper medication, the boys’ conditions have continued to deteriorate. This is despite the fact that the right medication can be made available, if the national government revised its drug approval process. In the United States, it takes approximately 5.5 to 10.5 years for a drug to be approved by the FDA (Ollove, â€Å"Right-To-Try†). This is rather long especially given that the period is long enough for the health conditions of patients to deteriorate further and for the unfortunate ones, to never make it to receive the medication. This is the reason behind the conflict over right-to-try between state governments and the national government. States

Monday, February 10, 2020

Professional Practice Model in Military Nursing Essay

Professional Practice Model in Military Nursing - Essay Example The term â€Å"nursing practice model† refers to operational models for redesigning nursing practice for the provision of patient care in organizational settings, primarily hospitals and long term care facilities ("Professional nursing practice," 2011). Professional practice model (PPM)/Professional nursing model has five subsystems: values, professional relationships, a patient care delivery model, a management approach, and compensation and rewards. Analysis of five PPMs showed that the professional values addressed most often are nurse autonomy, nurse accountability, professional development, and emphasis on high-quality care (Buttell, Hendler, & Daley, 2007). Teamwork, collaboration, and consultation consistently appeared as approaches to enhance professional relationships. Primary nursing and case management are the care delivery systems most often used in the models. Decentralizing decision making, expanding the scope and type of unit nurse manager responsibilities, and instituting structural changes to support professional practice were common activities in the management subsystem. Compensation and reward systems generally recognized professional achievement and contribution toward organizational goals. Recommendations for implementing and evaluating PPMs are offered (Hoffart, & Woods, 1996). For recognition of nurses department there are different designation such as the Magnet designation is the highest level of recognition the American Nurses Credentialing Centre (ANCC) accords to organized nursing services. The award recognizes health care organizations exhibiting excellence in nursing services to patients, the existence of an environment that supports professional nursing practice and growth and development of nursing staff. Magnet institutions act as "magnets" by attracting and retaining outstanding nurses and creating a work environment ("High point regional," ). Influence of professional practice model on change in health care organizatio ns: This model can be implemented organization-wide, they typically redesign nursing practice at the point of patient care delivery, that is, at the nursing unit level. Thus the models are distinguished from such organization that do not specifically address care delivery (Weisman). Nursing practice model are innovative practice arrangement because of the following influential aspects on change in health care. The degree to which the practice of individual nurses is differentiated according to education level or performance competencies so that the competition among the nurses will be established and they will try to improve their educational level as well as expertise in the field. The degree to which nursing practice at the unit level is self-managed, rather than managed by traditional supervisors(Weisman), they need to be in charge of work design and work flow, since they are the professionals involved in the majority of patient care. It is important they have input into the desi gn of the unit or workplace, for instance being on a committee that buys equipment for effective care in order to achieve

Thursday, January 30, 2020

Discuss Jane Austens presentation of the theme of marriage in Pride & Prejudice Essay Example for Free

Discuss Jane Austens presentation of the theme of marriage in Pride Prejudice Essay It is the truth universally acknowledged that a single man in possession of a good fortune must be in want of a wife. The opening sentence in Jane Austens novel Pride and Prejudice is so important given the social context and the notion of marriage at that time: it was the one fundamental purpose of most girls to marry. Moreover, the motives and the attitudes towards marriage were far more complex in the 19th century than nowadays since love marriages were rare and marrying for advantages were the obvious. Jane Austen explores all the different outlooks on marriage through the characters and reveals her views towards marriage by the consequence of each type of marriage. The novel is quite clichà ¯Ã‚ ¿Ã‚ ½ and follows the love conquers all platitude, however- still manages to be quite enjoyable read due to all the drama and upheaval concerning marriage. The novel, which tells the story of a commonplace 19th century family whose 3 daughter came of age and therefore were in search for a suitable husband. Furthermore, the sense of drama is heightened by the fact the aging alpha-male of the Bennet family was unfortunate to bear only daughters and could therefore not pass on his belongings- including the property he and his family lived in to either his wife or his children as the law stated woman were unable to inherit. Therefore, everything the Bennet family owned would be given to Mr. Collins- a cousin of Mr. Bennets. Mrs. Bennet is well aware of this and therefore has made it the main business of her life to get her daughters married. She herself has married Mr. Bennet for advantages as she was born poor and managed to ensnare him with her good looks. Consequently, she believes its highly likely her daughters will have the same good fortune, and as Mr. Bennet was getting older, her determination to marry her daughters off to rich men became stronger. Along with Mrs. Bennets determination, the pressure increased for her daughters to secure a man sufficient enough to please Mrs. Bennets views. Jane austen presents the theme of marriage as a comprehensive one, since she presents each character with a different view of marriage. I will compare the different views towards marriage in the novel and discuss Jane Austens presentation of the theme of marriage in the novel Pride Prejudice in this essay. Enhancing the amount of money, the class of social connections, security and social status seem to be the grounds on which the ill-fated marriage of Charlotte Lucas and Mr. Collins are established. Charlotte Lucas is introduced as an intelligent, twenty-seven year old woman whom concerned her family as they were scared she would die an old maid. Even though Charlotte knows she will never love Mr. Collins, she would much rather marry him than be a cause of embarrassment to her family due to her life-long bachelorhood. She believes love is not a necessity and financial ambitions should be the main priority for a woman, as it increases not only the wealth of the woman in question- it also increases the importunacy of her voice- essentially making them more powerful and prone to change. Furthermore, there are several quotes to back up her argument including. Otherwise the other woman thought flirtatious behaviour and humongous booby muscles did the trick. Furthermore, there are several devious competitors whom love in repetition of all sorts off material find it hard to believe that there are several cases of weird and odd behaviour created by an environment of hard parents giving daughters evil looks in order to keep her in check. Also, theyll stretch the time of their appearance downstairs in order to find that perfect balance of animism and scrim. Furthermore, they find themselves so perfect and deem their voice as an alpha voice with steps pounding with such verbosity it shakes even the soft padded couch imp sitting on! It is scary, it is wild, it is my father. He is not so nice and honest. However, I find it irrational he has to find his stay downstairs and pray downstairs because of all the trouble he has to go through going up the furthermore, there are several objects of admiration staying up at night merely to control a daughter is too cautious behaviour implying an untrustworthy presence of an ordering and a sophisticated alpha male in the presence of an untrustworthy.

Wednesday, January 22, 2020

Five Major Social Institutions :: essays papers

Five Major Social Institutions How has my personality been shaped by the five major instutions? Firstly, my family is one of the most influential parts of my life. My family has taught me all the values that I think that I would need in life. I was not raised in an abusive family, which shapes my personality by making me less aggressive towards my peers, and teaching me that you can^t get your way through force, but by patience. I think that my family has positively affected my life through treating me like I^m a person, something that gets hurt easily. Does education really affect the way I am? Maybe not directly, but indirectly. Education is a means of teaching some values, but that^s not education^s main purpose. Education teaches us about a great many things. In kindergarten, you learn the alphabet and to count to ten, in elementary school, you learn penmanship, and the four basic ways to get seventy through a chain of addition, grammar, and we start to want to do our own thing instead of everything that our parents want^s us to do. So, does education really affect our personality? No, it does not affect us. But, our friends at school do. Our friends will be either our good friend, or our worst enemy by the time we^re in high school. Friends shape the most of our personality out of the family. Another way that our friends have shaped the way that we are, is the way they treat us. For example, your friends call you names, talk trash behind your back, and generally talk trash around you now do you think that you would have good self-esteem? I do not think that would be possible, even if your parent are always calling you nice things, spoiling you rotten, you would still have bad self-esteem. The economy is a very essential part of our daily life, it shapes what shape our town or city will be in. If the economy is poor, do you think that it will draw a huge tourist crowd if the whole town or city was a ghetto? I personally do not think so. I think that it would turn out to be a heavily gang populated city, with many drug deals and prostitution going on. Luckily I was not raised in the ghetto, not to say that I am a particularly rich person, my family is just a little off to the good to do side, but not really. The economy has shaped the way that I am by where I was raised, I was for the majority of my young

Tuesday, January 14, 2020

Macbeth man or a monster? Essay

Macduff calls Macbeth a ‘fiend of Scotland’ and a ‘hell-kite’. Do you think Shakespeare has presented Macbeth as a man or a monster? At the time that Macbeth was written people strongly believed in witches and witchcraft. In fact the king at the time was so interested in witches it is said he snuck into witch trails, in disguise, to find out what was happening. People who lived at this time also believed strongly in Christianity, so they spent their whole lives trying to reach Heaven as they had a terrible fear of Hell. When Macduff calls Macbeth a fiend (A Devil: one actuated by the most intense wickedness or hate) of Scotland, he is basically calling him the devil of Scotland and thus condemning him to hell as he is so evil. When Macduff calls Macbeth a Hell-kite, he is calling him a cold-blooded killer with no heart or heavenly soul, as he is a pure evil killer. These two insults are some of the worst that Macbeth could have been called at the time, implying he is evil, possessed and Heartless. At the start of the play it is set just after a battle between the rebels and the king. At this part of the play the soldiers are talking about one thing. Macbeth. ‘For brave Macbeth – well he deserves that name – Disdaining fortune, with his brandished steel,†¦Ã¢â‚¬â„¢ (Captain Act1, Scene 2, lines 16-17) This quote shows that Macbeth is regarded very highly amongst the soldiers at this part in the play. Macbeth also gain favour with the king at this point. ‘What he hath lost noble Macbeth hath won.’ (Duncan Act 1, Scene 2, line 68) At this point in the play Macbeth is an innocent, hardworking, devoted soldier. I believe Macbeth is a man and not a monster at this point of the play. In Act 1, Scene 3 Macbeth meets the witches upon a heath; Macbeth and Banquo are on their way to somewhere when they see the witches. They stop and the witches give Macbeth three prophecies; ‘All hail Macbeth, hail to thee, Thane of Glamis’ (1st Witch Act 1, Scene 3, line 48) ‘All hail Macbeth, hail to thee, Thane of Cawdor’ (2nd Witch Act 1, Scene 3, line 49) ‘All hail Macbeth that shalt be king hereafter’ (3rd Witch Act 1, Scene 3, line 50) When Macbeth hears the prophecies for the first time he dismisses them, saying some of them will never happen. ‘Stay you imperfect speakers, tell me more. By Siniels death I know I am Thane of Glamis, But how of Cawdor? The Than of Cawdor lives A prosperous gentleman; and to be King Stands not within the prospects of belief, No more than to be Cawdor.’ (Macbeth Act 1, Scene 3, lines 70 -75) This quote shows that he outwardly dismisses the prophecies at first apart from to become the Thane of Glamis, but I believe that this sparks an idea that he could be much bigger, much more powerful. He tells us he thinks this later on in his letter to Lady Macbeth. When Lady Macbeth reads his letter in Act 1 Scene 5 ideas about her becoming more powerful start to spring into her mind, so much so that she tries ask the spirits to become pure evil ‘†¦ ,unsex me here And fill me from the crown to the toe top-full Of direst cruelty; make thick my blood, Stop up th’access and passage to remorse, †¦Ã¢â‚¬â„¢ (Lady Macbeth Act 1, Scene 5, lines 41-44) The difference is Macbeth tries to dismiss them and thinks nothing of it whereas his wife starts to make plans as she has decided that she wants to be queen. So when Macbeth arrives back at his castle Lady Macbeth tries to make him kill his beloved king Duncan. At the start he doesn’t want to know and says he has never intended to kill Duncan but Lady Macbeth uses all sorts of tactics to try and persuade Macbeth to change his mind and Murder Duncan. However Macbeth doesn’t want anything to do with it as he believes Lady Macbeth has understood him. All though He says he doesn’t want to kill Duncan he has obviously thought about becoming king because in Act 1 Scene 4 he says; ‘The Prince of Cumberland – that is a step, On which I must fall down, †¦Ã¢â‚¬â„¢ (Macbeth Act 1, Scene 4, lines 48-49) Macbeth makes this remark just after Duncan’s son Malcolm is named Prince of Cumberland and next in line to the throne (ahead of Macbeth). In Act 1, Scene 7 I think that Macbeth still doesn’t want to actually kill the king himself, but more that he is being forced into it by his wife through blackmail. I think this because it seems that he is trying to talk himself into doing it. ‘†¦ , that we but teach Bloody instructions, which being taught return To plague th’ inventor.’ (Macbeth Act 1, Scene 7, lines 8-10) In this quote Macbeth is basically telling himself I have been taught to kill – I am a killer, which I think is just hyping himself up as he doesn’t have a better reason to kill Duncan, Because of this I believe Macbeth is a Man and not a Monster at this point. I think the dagger soliloquy In Act 2, Scene 1 could be telling us that Macbeth is getting nervous or he could be ill (physically or mentally) about killing Duncan which could be causing him to hallucinate, ‘A dagger of the mind, a false creation, Proceeding from the heat-opressed brain?’ (Macbeth Act 2, Scene 1, lines 38-39) But I think the most likely cause is that Shakespeare has put this in to show that Macbeths’ thoughts are wandering and not concentrated as he is still deciding (in his conscience) what to do, the dagger helps in this way as it actually points the way in which to go; ‘Thou marshall’st me the way that I was going, †¦Ã¢â‚¬â„¢ (Macbeth Act 2, Scene1, line 42) The dagger also guides him by showing he must kill Duncan; ‘And on thy blade and dudgeon gouts of blood, †¦Ã¢â‚¬â„¢ After Macbeth has committed the murder he starts to get paranoid claiming that he has heard all kinds of voices, shouts and cries from other chambers. ‘There’s one did laugh in’s sleep, and one cried â€Å"Murder!†Ã¢â‚¬Ëœ (Macbeth Act 2, Scene 2, lines 19-20) After this they realises that Macbeth hasn’t placed the daggers back on the guards but has kept them in his hands, so Lady Macbeth takes them off him and does what he failed to as he tries to wash his hands but as he is doing this we learn that he feels he can never wash the blood of Duncan off of his hands. ‘Will all great Neptune’s ocean wash this blood Clean from my hand? No, this myhand will rather The multitudinous seas incarnadine, Making the green one red.’ (Macbeth Act 2, Scene 2, lines 57-60) I think in most of Act 2, Scenes 1 and 2 that Macbeth is a monster. But in this brief moment at the end I believe he has become a man again. In the scenes that follow the murder of Duncan Macbeth suspects Banquo of suspecting that Macbeth killed the king. However unfaithful to his old friend this may sound Macbeth is right as Banquo does suspect Macbeth. ‘Thou hast it now, King, Cawdor, Glamis, all, As the weird women promised, and I fear Thou play’dst most foully for’t; †¦Ã¢â‚¬â„¢ (Banquo Act 3, Scene 1, lines 1-3) And so because of what Macbeth thinks he plans to have Banquo killed. Since the murder of Duncan the relationship between Macbeth and his wife has changed dramatically; she is no longer the influential, controlling figure she was but now Macbeth has taken charge, and I think this was a big mistake as all the problems in the plans so far have come about because of Macbeth, either in what he did (or didn’t) do or because of how he reacted, or what he said etc. Macbeths new plan includes a visit to the witches so they can tell him what’s going to happen in the future. When he arrives however their prophecies don’t seem to be as clear-cut as the first ones although Macbeth interprets them word for word as that is what happened with the first prophecies. ‘Macbeth, Macbeth, Macbeth, beware Macduff; Beware the Thane of Fife.’ (1st Apparition Act 4, Scene 1, lines 71-72) ‘Be bloody, bold and resolute; laugh to scorn The power of man, for none of woman born Shall harm Macbeth.’ (2nd Apparition Act 4, Scene 1, lines 79-81) ‘Be lion-mettled, proud and take no care Who chafes, who frets, or where conspirers are. Macbeth shall never vanquished be, until Great Birnam wood to high Dunsinane hill Shall come against him'(3rd Apparition Act 4, Scene 1, lines 90-95) Macbeth takes this first Apparition very seriously and so he decides to go and kill Macduff, even though he thinks he is invincible and can’t be killed, as he believes it impossible for someone to not be born of woman. But when his men reach Macduff’s castle at Fife, Macduff isn’t their but they kill everyone inside it anyway, including his wife and children. The 2nd Apparition Macbeth also takes very seriously, word for word thinking he is invincible as everyone is woman born so he can never be killed. Macbeth also takes the 3rd Apparition word for word and as he believes the wood outside his castle (Great Birnam Wood) can never move he thinks he can never be defeated. I think at this stage in the play Macbeth is becoming more and more of monster as he has now resorted to killing innocent women and children. In the final scenes of the play Macbeth puts all of his trust and faith into the witches prophecies so they might save him from the imposing English army; ‘Bring me no more reports, let them fly all. Till Birnam wood remove to Dunsinane, †¦Ã¢â‚¬â„¢ (Macbeth Act 5, Scene 3, lines 1-2) ‘I cannot taint with fear. What’s the boy Malcolm? Was he not born of woman? The spirits that know All mortal consequences have pronounced me thus: â€Å"Fear not Macbeth, no man that’s born of woman shall e’er have power upon thee.†Ã¢â‚¬Ëœ (Macbeth Act 5, Scene 3, lines 3-7) However when one of the witches prophecies – that Great Birnam wood Macbeth is shocked and lashes out at the messenger who tells him by brandishing him a; ‘Liar and a slave!’ (Macbeth Act 5, Scene 5, line 37) And; ‘If thou speak’st false, Upon the next tree shalt thou hang alive†¦Ã¢â‚¬â„¢ (Macbeth Act 5, Scene 5, lines 38-39) During the last few scene in the play Macbeth has moments of his real, original character of a loyal, brave soldier come out. ‘I’ll fight, till from my bones my flesh be hacked, Give me my armour.’ (Macbeth Act 5, Scene 3, lines 32-33) This is an extremely brave side of Macbeth coming out. In the final fight with Macduff the Macbeth we see is a defiant and desperate one clinging onto his one last hope – the last prophecy; ‘Let fall thy blade on vulnerable crests; I bear a charmed life, which must not yield To one of woman born.’ (Macbeth Act 5, Scene 8, lines 11-13) Macduff then answers to this with; ‘Despair thy charm And let the angel whom thou still hast served Tell thee, Macduff was from his mother’s womb Untimely ripped.’ (Macduff Act 5, Scene 8, lines 14-17) What Macduff is saying here is that he was born by a caesarean section and not naturally born. Macduff and Macbeth carry on fighting until Macbeth is slain. In conclusion I believe that Macbeth was a noble soldier who was almost considered a hero amongst his fellow men who was pushed by his evil, controlling, influential wife to commit a murder he did not want to commit however after this turning point Macbeth became a bloodthirsty, evil monster completely by his own doing, until at the end were we start to see him in his original state again. Others may consider him a complete and utter monster, whereas some will defend his actions saying it was the right thing, or he was forced to do it, but I suppose one way to sum it all up would be to say; ‘One mans terrorist is another mans freedom fighter’ or more simply; It’s a matter of perspective.

Monday, January 6, 2020

The Relationship of the United States With China

The relationship between the U.S. and China traces back to the Treaty of Wanghia in 1844. Among other issues, the treaty fixed trade tariffs, granted U.S. nationals the right to build churches and hospitals in specific Chinese cities and stipulated that U.S. nationals cannot be tried in Chinese courts (instead they would be tried in U.S. consular offices). Since then the relationship has fluctuated coming closet to open conflict during the Korean War. Second Sino-Japanese War/World War II Beginning in 1937, China and Japan entered into conflict that would eventually combine with the Second World War. The bombing of Pearl Harbor officially brought the United States in the war on the Chinese side. During this period the United States funneled a great amount of aid to help the Chinese. The conflict ended simultaneously with the end of the Second World War and the surrender of the Japanese in 1945. Korean War Both China and the US got involved in the Korean War in support of the North and the South respectively. This was the only time when soldiers from both countries actually fought as the U.S./U.N. forces battled Chinese soldiers upon Chinas official entrance in the war to counter American involvement. The Taiwan Issue The end of the second world war saw the emergence of two Chinese factions: the nationalist Republic of China (ROC), headquartered in Taiwan and supported by the United States; and the communists in the Chinese mainland who, under the leadership of Mao Zedong, established the Peoples Republic of China (PRC). The U.S. supported and only recognized the ROC, working against the recognition of the PRC in the United Nations and amongst its allies until the rapprochement during the Nixon/Kissinger years. Old Frictions The United States and Russia have still found plenty over which to clash. The United States has pushed hard for further political and economic reforms in Russia, while Russia bristles at what they see as meddling in internal affairs. The United States and its allies in NATO have invited new, former Soviet, nations to join the alliance in the face of deep Russian opposition. Russia and the United States have clashed over how best to settle the final status of Kosovo and how to treat Irans efforts to gain nuclear weapons. Closer Relationship In the late 60s and at the height of the Cold War both countries had a reason to start negotiating in hopes of a rapprochement. For China, the border clashes with the Soviet Union in 1969 meant that a closer relationship with the U.S. might provide China with a good counterbalance to the Soviets. The same effect was important for the United States as it looked for ways to increase its alignments against the Soviet Union in the Cold War. The rapprochement was symbolized by the historic visit of Nixon and Kissinger to China. Post-Soviet Union The disintegration of the Soviet Union re-inserted a tension into the relationship as both countries lost a common enemy and the United States became an undisputed global hegemon. Adding to the tension is Chinas ascent as a global economic power and the expansion of its influence to resource-rich areas such as Africa, offering an alternative model to the United States, usually termed the Beijing consensus. The more recent opening of the Chinese economy has meant closer and increased trade relationships between both countries.