We live in a country that can undisputedly be classified as one of the most powerful nations in the world. We live in a Democratic society where we are able to actively participate in our nation’s governing process by electing local, state, and federal leaders. We live in a country that was founded upon the belief that “all men are created equal.” Or do we? Even though the United States leads the world in practically every aspect of life, we fall behind in the struggle between race, class, age, ability, sexuality, and surprisingly our laws.
Although the United States is governed under the Constitution and its amendments, states have their own constitutions and laws. Now, how is this fair and equal for all? This means that the penalties for the same crime can vary depending on the state where the crime is committed. Consequently, a person can commit a crime in Florida and be sentenced to prison for 10 years, and another person can commit the same crime in California and receive probation or maybe nothing at all. For a better example, Plaxico Burress, former New York Giant, was recently tried for criminal possession of a handgun in the second degree after accidentally shooting himself in the right thigh in a New York nightclub last November. Plaxico eventually accepted a plea deal that would only imprison him for two years instead of the maximum punishment of the crime, fifteen years. In New York, criminal possession of a weapon is a serious offense that is classified in three degrees with the Second and Third Degrees classified as felonies, and the Fourth Degree a misdemeanor. Whereas in Georgia, the law for criminal possession states, “A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years.” This means that a person may possess any other type of weapon or handgun that is not clearly stated in the law. Thus, meaning that if Plaxico would have committed this “crime” in Georgia, he would not be facing jail time nor would he have been released from the New York Giants. The harshest punishment he would have faced in Georgia would have been the ridicule of his teammates and associates.
Do not mistake the fact that the Constitution and its laws are the Supreme Law of the Land. The Supremacy Clause of the Constitution holds that all federal laws preempt state laws unless the federal law is unconstitutional. Therefore, the only way that the federal law will be applied to a criminal offense in a state is if the case is appealed to the Supreme Court or if the case goes straight to the Supreme Court for other reasons. So what are we to conclude? Are we truly living equally in the United States when states have differing laws? Would we progress to becoming a truly equal nation if the laws for every state were the same? Or would we just create more tension between the struggles of class, race, gender, and so on?
Aristotle once said, “Equality consists in the same treatment of similar persons.” Although we descend from different cultures and nationalities, believe in various religions, and vote with a particular political party, we are all still Americans, and we should live and practice the beliefs that our Founding Fathers established this country on; that all men are created equal.
References
“Georgia Firearms & Weapon Related Laws.” LegallyArmed.com. 2008. 30 Aug. 2009
Grace, Melissa, et al. “Former Giants star Plaxico Burress accepts surprise plea bargain, will spend two years in jail.” NYDailyNews.com 20 Aug. 2009. 30 Aug. 2009
Murray, Don. “Criminal Possession of a Weapon in New York.” Shalley & Murray. 2008. 30 Aug. 2009
Response by Gaybrielle LeAnn Gant
Equality or Interpretation by Gaybrielle LeAnn Gant
It is safe to concur that America is a nation built on the principles of "Freedom and Justice FOR ALL" as well as the notion that "Every man was created equal". Those assumptions feel good because as a thriving and powerful nation who seeks to capitalistically control every function and movement domestically and abroad, how could this country in anyway shape or form not preach the morals and ideals of equality amongst its people. That question may be heavy laden with the representation of America's history to exclude many people from their poetic and boastful claims of inclusions. This nation which was created as a safe haven for those fleeing abuse and corruption of totalitarian dictatorship and the Kings rule, inadvertently created a nation that significantly preached more than it was truly able to give. As the alluring shores of freedom beckoned all creeds and races, the founding Fathers were not "all inclusive" when they founded this nation. Their declaration of "WE THE PEOPLE" did not include all people who inhabited their newly acquired land, nor did it include those who they willingly forced into bondage. Africans, Native Americans, Savages, Creoles, Zambos, Mestizos, Lobos, Chinos and every other race that fell outside of European White descendant privilege was not included in the founding ideals of this nation. So justifiably the idea of the “pursuit of happiness and justice for all” accordingly applies to those in which the laws and creeds intended for them to apply to. As the constitution has been amended to be inclusive, we must not forget its original classification and definition of the freedoms that it details. Just as the constitution stood to exclude many and serve the power of few, the laws of the state replicate the constitutions power and privilege. The states use their laws to either exclude or include. The manipulation of power is unprecedented in the fact that "equal" states have more lenient or stricter laws. The laws of the states have been constructed to serve the needs of those in power and rule. They specifically seek out people to continually oppress and deny. So as different states impose different charges for the same crimes we unveil the notion that "equality” and "we the people" as well as "justice for all" is specifically contingent upon the actual interpretation of "equal" from those who hold power. Regardless if that interpretation is truly equal or fare, equality is defined by those who hold a high enough office to control and dictate the actual definition and inclusion of specific freedoms. In short, those who set the rules define the rules, those who assign the notion that something is equal or not, merely hold the power to allow that equality to be actualized.
11 comments:
Comment by Shanika Simmons
My personal belief is that “equality” does not exist in the United States. Although are nation was built on the idea of brotherhood and “justice for all” there are many instances when the equality is missed by a whole group. Just like the laws from state to state are different, it goes that way from person to person. Take an actor, actress, celebrity, or singer who committed a crime. In some cases, they do not get the proper punishment or they get the strictest punishment. All in all, the governing system is done by people, who often times deal with their emotions.
I completely agree with this post. Equality is something that is sometimes only seen on paper but not in reality.
J. Branch
Wow, that was really great. I totally agree with this argument. The United States is a bag of contradictions. People in power are those who dictate what is equal and what is not. We are a country that forces all of our primary education students to pledge their allegiance to a flag, a flag that stands for "liberty and justice for all". There is a sick humor to it all is that a large percentage of those students pledging their allegiance are not the participating in all the glory that the flag claims to provide. Liberty and justice, when more than half our students are slipping behind, the percentage of men going to college is rapidly decreasing, and the number of African Americans making it out of high school without the stigma of teen pregnancy, arrest, or dropping out is dropping as well. All these facts make it hard to really believe in anything when basic principles of our country promises are not met by the people running it.
The idea that every state within the United States has the ability to create its own set of laws to coincide with federal laws is a part of America’s greatness. However, it is also the thorn in our country’s side. Millions of gay/lesbian Americans are forced to relocate to those states that allow them to marry their significant others free from persecution. The issue of gay marriage is one of the most controversial to date and it is unfair that while some states allow this union most others do not. Why should a couple’s marriage be sanctified in one state and null and void in another? This is one of the issues that vary from state to state. This dissonance between states will only prove to be detrimental to our country's growth. It’s time for all states in America to find some common ground.
I believe that America is not equal, especially when it comes to laws. Take an actress, singer, or celebrity. When they commit a crime, they may not get the right punishment. Sometimes it's harsh or just a slap on the wrist. All in all, the governing process is done by people and they deal with their emotions.
All though the laws we live under are not all equal. I feel it is safe to say this is the land of MOE equality and opportunity. I disagree with your idea that the US is last when it comes to equality in race and gender. While the US might not be the leading country in equality between races and genders it is one of the leading. Many of the people who come from countries with the hopes of gaining more freedoms come from countries where the laws are not written or even set in stone. In America everyone has access to the laws whether they are federal or state laws. If someone WANTS to commit a crime they can find out the punishment beforehand. Nevertheless, wrong is wrong and our country does a great job in allowing its citizen to learn and distinguish between right and wrong.
I was only able to read the commentary so my comment is based on that section of the argument.
I agree with the commentary in that the United States is unequal and being that it is a "Super Power", it should be fair and true to its constitution. As a result of the inconsistency in the United States, other countries are losing respect in what the United States was built upon. People travel and risk their lives for a chance at an equal life in our country; ironically the citizens of this country do not even have that.
Neither justifying the actions nor laws of the US (United States), I would like to add that our country is not the only one that has discrepancies in its laws. Other countries laws differ between cities, zones or areas as well. This is nothing to be proud of but does take some of the pressure off of the US.
No country should have unequal laws, regardless if it is a "Super Power" or not. Since I am a US citizen I can comment more freely on the governs of my country and I think that there are some equality issues that need to be addressed. I do not have a solution because our country has been this way for so long, I am not sure what change, if any will bring about the equality that most Americans long for and deserve.
I agree that having different laws for different states causes the United States to be less of an equal nation. Although every state is different, similar crimes and offenses happen in various states and should require general law rather than particular state laws. Given that every situation is different, details within the crime should be negotiated within the state but to have pure equality every state should have the same laws. For instance, if the Jena 6 case were to happen in California rather than Louisiana, the boys initial punishment would not have been attempted second degree murder because of different laws and a lack of racial prejudice.
A.Calloway
Ashley--
I agree wholeheartedly with your argument that our country falls behind in the struggle between race, class, and our laws. I believe that a lot of the sentencing procedures are designed to more severely affect minorities. For instance, statistics prove that white’s have the highest use of crack-cocaine. Although that is a fact, African Americans are still being punished more harshly than white’s for the same offense. The fact of the matter is African American’s are patrolled more than whites.
As far as your argument that the states having their own constitutions and laws are not fair and equal, I could defiantly see where you are coming from. In Washington, DC the minimum sentence for an armed carjacking is 15 years. In my opinion, that is cruel and unusual punishment. In DC, you get less of a sentence for manslaughter even though an individual’s life is taken. However, I think you should have looked into the fact that certain states makes laws based of the situations that occur constantly in that particular state. In DC, carjacking’s are rising at alarming rates and something had to been done about it. DC had to revise their laws in order to keep up with what was going on in its society. From the states point of view, if they increase the punishment for a crime, the crime will eventually decrease. Personally, I think that is nonsense because people are going to commit crimes regardless. To take away the alleged offender’s freedom for a longer period of time just because a crime is common is unfair. Just thought you could have looked into the other side a little more!
Great post!! This is a subject that I am very interested in myself.
--Sasha D. Mills
Many thoughts and reactions came to my mind as I read your post. I appreciated that you added the historical context in which American settlers found themselves, many having been persecuted themselves. As a whole, though, I disagree with your premise that all Colonial leaders of Americans intended to institutionalize inequality in the name of capitalism.
You noted the moral failures inherent in the nation's allowance of dehumanizing practices in black slavery and the oppression of other people groups, but I would challenge you to de-cluster these responses as individual bad judgments, many of which were supported by popular opinion. As participants in the political process today, you and I can see that different leaders make decisions based on their religious, existential, or secular leanings.
Due to the experience that the American settlers had in their native homes, they were skeptical of all centralized power (they didn’t want kings or one central authority-the way many Americans do now). This is one reason that today our states still enjoy a semblance of autonomy to make their own laws. This principle is expanded to cities and counties as different municipalities run things the way they and their citizens like things to be run. I enjoy this semi-autonomy for the same reasons colonial Americans did, I prefer for control to be less centralized and more localized. I have been able to exercise my preferences more as an adult as I can now live in any state I choose and educate my children the way I please.
To change the subject, I see capitalism as an instrument of freedom which enables persons to use their ingenuity to improve their economic standing. Unlike socialism and communism, which devalue individual differences and behavioral choice, capitalism encourages variation in the market (entrepreneurship) and decentralizes control of wealth, moving it away from politicians and placing it in the hands of individuals.
Many immigrants continue coming to America because here they are freed from the institutionalized classism of their home environments. But material wealth is not a right here (yet). It is a benefit enjoyed by those who exercise principles of industry, saving, and investing. No one in this country is prevented from exercising these principles. But, popular opinion in this country has shifted to favor economic equality manipulated by the hands of governmental through the control and redistribution of wealth. This attitude, in my view, demonstrates a lost hope in our individual abilities to improve our lots in life. Particularly in the low and lower-middle class black community, hope is lost because we've seen generations of poverty. But instead of noting the bad choices that many of our families and some of us have made (devaluing marriage so that children are often born to single women-perpetuating poverty, desiring government jobs instead of entrepreneurship, fighting for govt reparations and more government services instead of applying the rules of industry, allowing illegal activity in the neighborhood, not abhorring debt, and many others) we choose to blame institutions and especially "white government." Ironically we don't recognize that by fighting for socialization of many programs or universalization of services (healthcare, higher ed, housing, jobs) we are placing ourselves back into bondage. I find this similar to what happened in Israeli history when the Hebrews went to Egypt to get food during a famine. Instead of going back to their homes, they got comfortable with the benefits of Egypt, stayed there and eventually became slaves.
Ok, there's my mouthful Bree.
C.Greene
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