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Unit 4 The Political System in the United States

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Page 1: The Political System in the United States

Unit 4 The Political System in the United States

Page 2: The Political System in the United States

The Thirteen Colonies in 1775

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ConstitutionCreated: September 17, 1787 Ratified: June 21, 1788

"Power tends to corrupt, and absolute power corrupts absolutely.” - Lord Acton (1834-1902), English Catholic historian, politician, and writer

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ConstitutionCreated: September 17, 1787 Ratified: June 21, 1788

政府运作的基本原则

尽管美国宪法历经多次修改,但是 1789年宪法的基本原则至今依然发挥着重要的作用。

三权分立——美国国家权力分为三部分:立法权、行政权和司法权。这三部分权力相互之间保持独立。在理论上,三权是完全平等,并且互相制衡。每种权力都有限制另外两种权力滥用的职能。这就是现代民主社会著名的三权分立原则。一般认为其思想根源来自法国著名思想家孟德斯鸠的著作《论法的精神》。

联邦体制——美国宪法规定美国采用联邦制的国体。联邦政府只拥有在宪法中列举的有限权力,而其余未列明的权利都属于各州或者人民。(参看美国宪法第十修正案)

宪法至上——美国宪法以及国会通过的法律的效力高于其他一切法律、行政法规和规定。自从1803年著名的马伯里诉麦迪逊案之后,美国联邦法院系统拥有了违宪审查权。这意味着联邦各级法院可以审查立法机关通过的法律是否与宪法相抵触,并且可以宣布违反宪法的法律无

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Constitution Created: September 17, 1787 Ratified: June 21, 1788

效。同时,法院还可以审查包括美国总统在内的各级政府颁布的法令的合宪性。但是,法院的这种审查权不能主动行使,只能在某一具体诉讼中被运用。因此,这也被称作“被动的审查权”。(参看美国联邦政府诉尼克松案)

人人平等——根据美国宪法第十四修正案,人人都有平等地获得法律保护的权利。各州之间也保持平等地位,原则上任何州都不能获得联邦政府的特殊对待。根据宪法的规定,各州要互相尊重和承认彼此的法律。州政府和联邦政府要在形式上保持共和体制。

根据美国宪法第 5章所规定的程序,美国国会可以通过宪法修正案。此外,美国三分之二以上的州可以联合提出修改宪法的议案。一旦修正案获得通过,将被视为美国宪法的一部分,其效力等同于美国宪法主文。

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The Department of Defense

The Department of Defense (also known as the Defense Department, USDOD, DOD, DoD or the Pentagon) is the Executive Department of the Government of the United States of America charged with coordinating and supervising all agencies and functions of the government concerned directly with national security and the United States armed forces. The Department is also the largest employer in the world, with more than 2.13 million active duty Soldiers (陆军 )士兵 , Sailors水手 , 海员 , Marines水兵 ; 海军陆战队士兵 , Airmen(美国空军军阶最低的 )空军士兵 , and also civilian workers 民工 , and over 1.1 million National Guardsmen 国民警 卫队队员 and members of the Army, Navy, Air Force and Marine Reserves 预 备 役部队 , 后备军 . The grand total is just over 3.2 million servicemen 军 人 and servicewomen 女军人 , plus the civilians平民 , 百姓 who support them.

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The Department of Defense

Army Shares land & air.

Navy Only the sea.

Air Force Only the air.

Marine Go between land & sea. Do focus on sea.

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The Department of Veteran Affairs

The United States Department of Veterans Affairs (VA) is a government-run military veteran退 伍军人 benefit system with Cabinet-level status. It is the United States government’s second largest department, after the United States Department of Defense. With a total 2009 budget 国家预 算 of about $87.6 billion, VA employs nearly 280,000 people at hundreds of Veterans Affairs medical facilities, clinics 诊 所 , and benefits offices and is responsible for administering programs of veterans’ benefits for veterans, their families, and survivors 幸存者 .

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Bill of Rights (December 15, 1791) 《权利法案》,又译《人权法案》

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Bill of Rights (December 15, 1791) 《权利法案》,又译《人权法案》

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Bill of Rights (December 15, 1791) 《权利法案》,又译《人权法案》

1st Amendment Congress shall make no law respecting an establishment of

religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

国会不得制定关于下列事项的法律:确立国教或禁止信教自由;剥夺言论自由或出版自由;或剥夺人民和平集会和向政府请愿伸冤的权利。

2nd Amendment A well regulated Militia being necessary to the security of a

free State, the right of the people to keep and bear Arms shall not be infringed.

纪律严明的民兵是保障自由州的安全所必需的,人民持有和携带武器的权利不可侵犯。

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Bill of Rights (December 15, 1791) 《权利法案》,又译《人权法案》

3rd Amendment No Soldier shall, in time of peace be quartered in any house,

without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

未经房主同意,士兵和平时期不得驻扎在任何住宅;除依法律规定的方式,战时也不得驻扎。

4th Amendment The right of the people to be secure in their persons, houses,

papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

人民的人身、住宅、文件和财产不受无理搜查和扣押的权利,不得侵犯。除依据可能成立的理由,以宣誓或代誓宣言保证,并详细说明搜查地点和扣押的人或物,否则不得发出搜查和扣押状。

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Bill of Rights (December 15, 1791) 《权利法案》,又译《人权法案》

5th Amendment No person shall be held to answer for a capital, or otherwise

infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

除非根据大陪审团的报告或起诉书,任何人不受死罪或其他重罪的审判,但发生在陆、海军中或发生在战时或出现公共危险时服役的民兵中的案件除外;任何人不得因同一犯罪行为而两次遭受生命或身体的危害;不得在任何刑事案件中被迫自证其罪;不经正当法律程序,不得被剥夺生命、自由或财产。不给予公平赔偿,私有财产不得充作公用。

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Bill of Rights (December 15, 1791) 《权利法案》,又译《人权法案》

6th Amendment In all criminal prosecutions, the accused shall enjoy the

right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

在一切刑事诉讼中,被告有权由犯罪行为发生地的州和地区的公正陪审团予以迅速和公开的审判,该地区应事先已由法律确定;得知控告的性质和理由;同原告证人对质;以强制程序取得对其有利的证人;并取得律师帮助为其辩护。

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Bill of Rights (December 15, 1791) 《权利法案》,又译《人权法案》

7th Amendment In suits at common law, where the value in controversy

shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

在普通法的诉讼中,其争执价额超过二十美元,由陪审团审判的权利应受到保护。由陪审团裁决的事实,合众国的任何法院除非按照习惯法规则,不得重新审查。

8th Amendment Excessive bail shall not be required, nor excessive fines

imposed, nor cruel and unusual punishments inflicted. 不得要求过多的保释金,不得处以过重的罚金,不得施加残酷和非寻

常的惩罚。

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Bill of Rights (December 15, 1791) 《权利法案》,又译《人权法案》

9th Amendment The enumeration in the Constitution, of certain rights, shall

not be construed to deny or disparage others retained by the people.

本宪法对某些权利的列举,不得被解释为否定或轻视由人民保留的其他权利。

10th Amendment The powers not delegated to the United States by the

Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

宪法未授予合众国、同时也未禁止各州行使的权力,将由各州或人民保留。

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Additional Amendments to the United States Constitution

Amendments to the Constitution after the Bill of Rights cover many subjects. The majority of the seventeen later amendments stem from continued efforts to expand individual civil 公民的 or political liberties, while a few are concerned with modifying修改 , 更改 the basic governmental structure drafted in Philadelphia in 1787. Although the United States Constitution has been amended 27 times, only 26 of the amendments are currently in effect 有 效 because the twenty-first amendment supersedes 取代 , 接替 the eighteenth.

Citizen Rights Several of the amendments have more than one application, but

five amendments have concerned citizen rights. American citizens are free. There will be equal protection under the law for all. Men vote, women vote, DC residents vote, and 18-year olds vote.

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Additional Amendments to the United States Constitution

The Thirteenth Amendment (1865) abolishes slavery and authorizes 授权; 批 准 Congress to enforce 实 施 , 执行abolition. The Fourteenth Amendment (1868) in part, defines a set of guarantees for United States citizenship 公民的权利与义 务 ; 公民权 . Fifteenth Amendment (1870) prohibits the federal government and the states from using a citizen‘s race, color, or previous status as a slave as a qualification 限 制 , 限 定 性 条 件 for voting. The Nineteenth Amendment (1920) prohibits the federal government and the states from forbidding any citizen the right to vote due to her sex. The Twenty-sixth Amendment (1971) prohibits the federal government and the states from forbidding any citizen of age 18 or greater the right to vote on account of因为,由于 his or her age.

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Additional Amendments to the United States Constitution

The Twenty-third Amendment (1961) grants presidential electors 有选举权的人 , 选民 to the District of Columbia. DC has three votes in the Electoral College(美国代表各州参加正副总统正式选举投票的)总统选举团 as though it were a state with two senators and one representative 众议院议员 in perpetuity 永远;永久 . If Puerto Rico 波多黎各自治邦 ,是美国在 加勒比海 地 区 的 一 个 自治领地 were given the same consideration, it would have seven Electoral College votes.

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Additional Amendments to the United States Constitution

Reconstruction Amendments The Reconstruction amendments are the Thirteenth,

Fourteenth, and Fifteenth amendments to the United States Constitution, adopted between 1865 and 1870, the five years immediately following the Civil War. This group of Amendments is sometimes referred to as the "Civil War Amendments" or the "Three Reconstruction Era Amendments".

The Amendments were important elements基础 , 纲要 , 原理 in implementing 使生效 , 贯 彻 , 执行 the Reconstruction of the American South after the war. Their proponents( 某事业、理论等的 ) 支持者 , 拥护者 saw them as transforming the United States from a country that was (in Abraham Lincoln's words) "half slave and half free" to one in which the constitutionally guaranteed "blessings of liberty" would be extended to 伸及; 适合于 the entire male populace 百 姓 , 平民 , including the former slaves and their descendants.

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Additional Amendments to the United States Constitution

The Eighteenth Amendment (1919) prohibited the manufacturing, importing, and exporting of alcoholic beverages 饮 料 (see Prohibition in the United States). Repealed 撤 销 , 废 除 by the Twenty-First Amendment. Twenty-first Amendment (1933) repeals Eighteenth Amendment. Permits states to prohibit the importation of alcoholic beverages.11 1795年 2 月

7 日限制联邦法院对各州的管辖权

12 1804年 6 月15 日

总统选举办法

13 1865年 12 月6 日

废除奴隶制度

14 1868年 7 月9 日

国籍、处罚程序、众议员选举、叛国罪、国债,所有公民享有平等被保护权

15 1870年 2 月3 日

所有公民不得由于肤色和种族的区别而受到选举权的限制。(不包括性别)

16 1913年 2 月3 日

国会对所得税的征收权

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Additional Amendments to the United States Constitution

17 1913年 4 月8 日

代表各州的联邦参议员必须直接选举

18 1919年 1 月16 日

禁止在美国国内制造、运输酒类(后被第 21条废止)

19 1920年 8 月18 日

禁止选举中的性别歧视

20 1933年 1 月23 日

规定总统任期、国会议事程序

21 1933年 12 月5 日

废除第 18 条修正案

22 1951年 2 月27 日

总统最多连任一次

23 1961年 3 月19 日

首都华盛顿哥伦比亚特区的选举规则

24 1964年 1 月23 日

选举权不受税收限制

25 1967年 2 月10 日

总统与副总统的继任规则

26 1971年 7 月1 日

保护 18 岁以上公民选举权

27 1992年 5 月7 日

禁止随意改动议员薪酬

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Political Parties

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Political Parties

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Political Parties

The Republican Party is the second oldest existing political party in the United States. When the Republican Party was created in 1854, it was considered a third party group by the Democrats and the Whig Party辉格党who were the major political parties of the time.

The Republican Party was formed to oppose the Kansas-Nebraska Act堪萨斯-内布拉斯加法案 that would have allowed the expansion of slavery into Kansas. The party name “Republican” was chosen over suggested “Jeffersonian”杰斐逊特征的; 杰斐逊思想的, 杰斐逊民主的and “Nationalist” because the term republic denounced谴责,公开指责,公然指责rule by the powerful economic or monarchical 君主的,君主政体的 families and it represented the belief of civic virtue公民道德 . At the time, the Republican Party represented opposition to aristocracy 贵 族(阶级),贵 族统治 and corruption while encouraging progressive 进 步 的 , 先 进 的 thoughts emphasizing higher education, banking, business and industry. Republicans vehemently 激 烈的 ; 猛 烈的 defended their theory that the “Free Market Labor” was superior to slavery and was the very foundation of civic virtue and was at the cores of true American values.

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Political Parties

The Democratic Party is the oldest existing political party in the United States and it could be argued the oldest existing political party in the world. The Democratic Party came into existence in the early 1790’s and evolved演变; 进化from several different political factions组织中的小派别; 派系that opposed the fiscal政府财政的policies of Alexander Hamilton. The Democratic Party was founded on the principles that citizens have a civic公民的,市民的duty to aid the state and resist corruption of monarchism君主主义; 君主政治[制度]and aristocracy. They believed that the farmer best exemplified 是 … 的 典 型 the virtue and independence from the corrupting influences of cities and government policies. They felt that state rights should not be violated by a centralized federal government. These early Democrats felt that a standing常备的;正规的army and navy were dangerous to individual liberty, and should be avoided in favor of economic coercion强迫; 胁迫; 高压政治such as embargoes贸易禁运令; 禁运and sanctions〈正〉制裁.

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Political Parties

Stand on gay marriage:

Support (some Democrats disagree)

Oppose (some Republicans disagree)

Social and human ideas:

Community and social responsiblity based

Individual rights and justice based

Traditionally strong in states:

California, Massachusettes

Oklahoma, Kansas, Texas

Symbol: Donkey Elephant

Color: Blue Red

Founded in: 1824 1854

Website: www.democrats.org www.gop.com

Senate leader: Harry Reid Mitch McConnell

Chairperson: Debbie Wasserman Schultz

Reince Priebus

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Political Parties

Famous Presidents:

Franklin Roosevelt, John F. Kennedy, Bill Clinton, Woodrow Wilson, Jimmy Carter

Teddy Roosevelt, Ronald Reagan, George Bush, Abraham Lincoln, Richard Nixon

Republicans Democrats

Generally believe it is the responsibility of citizens to run the government.

Generally believe that it is the government‘s responsibility to care for the citizens.

Believe in free market and strong international alliances结盟 , 联盟 .

Believe in structured 有结构的;有组 织的 , regulated 控制的 , 管理的 ; 调整的 , 调节的markets and minimal external entanglements瓜葛 ;牵连 .

Current doctrines:

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Political Parties

Believe in the right to bear arms.

Believe in strong gun control.

Favor the death penalty. Oppose the death penalty.

Believes abortion is wrong. Believes in a woman’s right to choose.

Believe that people determine their own destiny and do not support welfare programs.

Believe that people should share economic burdens and generally support welfare programs for aid to the poor.

Believe in separation of church and state, but some on the far right feel it is ok to pray in schools.

Believe in separation of church and state.

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Political Parties

As for the Democrats, Independents 无党派人士(或候选人、议员等) view them as the far left liberals思想开明的人,自由主义者 whose every maneuver策略,谋略,花招 is bent on一心想要,决心要 political correctness, careful to never offend anyone, and the perception 认识 , 观念 , 看法 of failed socialist policies.

The Republicans on the other hand are viewed as dominated 支配; 控制 by far-right conservatives who are determined to maintain and preserve, at any cost, the existing antiquated过时的 ,陈旧的 ,老式的 institutions 惯例 , 习俗 ; 制度 under the guise of 假借 ; 以…为幌子 protecting traditional values.

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Political Parties

Democrats

The Constitution is outdated and meaningless. Money should be confiscated 没收 , 充 公 and distributed at the whim of 随…意 politicians. People are inherently天性地 ,固有地 racist. Most people are not capable of taking care of themselves. The federal government is the best source of education for our youth. If we’re only nicer to terrorists, they will go away. It makes sense to borrow money and spend it on government programs to get out of debt不再负债,偿清债务 . It is okay for the government to compel citizens to buy things from other citizens.

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Republicans

The Constitution provides strict guidelines 指导方针,准则 for the behavior of government. People are inherently good.Most people can take care of themselves without the government interfering. A baby’s life is precious and should not be decided at the whim of a mother. Wealth and private property are sacred in a republican form of government. It is immoral for the government to steal from one person and give the money to someone else. Growing the debt 增加负债 is not a reasonable means to get out of debt. The government should not be able to force you to buy anything.

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Political Parties

Democrat Ideals (as evidenced证实;证明by policy):

It is okay to confiscate earned wealth from some people, and give it to others. This is the big daddy of Democrat politics. As Barack Hussein Obama said himself, “…I think when you spread the wealth around, it’s good for everybody.” Really? And how do you “spread the wealth around?” The government takes it from you, that’s how. It is important to note that the bottom 50% of income earners pay 3% of the total federal tax bill税金账单. The top 50% of earners pay 97%. Though that’s not good enough for most democrats.

Spending taxpayer money is the best way to stimulate the economy. Think this through彻底地想清楚for a second… In order for the government to spend $1, it must first take that dollar from someone else. By taking money from the productive有生产力的people and giving it to the non-productive government, the problems with the economy are exacerbated恶化. If people and businesses were able to keep their money to begin with, they would be in a better position to spend their OWN money on buying things, hiring employees, investments, all things that are good for the economy. When the government takes the money

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Political Parties

and spends it, there is no productivity生产率, 生产力served服务, 服役 . The government does not produce; the government consumes.

A baby’s life is subordinate次要的, 附属的to the whims of it’s mother. At 15 weeks old, I watched my son’s little hands grasping, his heart beating…he was very much alive. The democrat position is that he was not alive, but rather just a pesky<非正 >烦人的 ;让人讨厌的 part of a womans body to be discarded at will. Like a wart疣,肉赘,瘊子, waiting for removal.

Health care is a right. Democrats like to throw around the word “right” as if it applies to every malformed畸形的; 残缺的opinion they come up with. A right, and more specifically, a human right, is a right which is inherent in the human condition. Freedom is a right. The creator made all men free. The creator gave us all free will. The creator gave us the ability to think, speak, love, feel and on and on. This is best phrased叙述; 措词by our founders, when they described human rights as “life, liberty and the pursuit of happiness.” A service is not a right. Starbucks coffee is not a right. Having someone put stitches(伤口、外伤切口的)缝合针in your finger is not a right. Having your leaky有漏洞的,漏的roof fixed is

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not a right. These are services one man can do for another, under some form of agreement, from contractual合同(性)的,契约(性)的 to charity慈善事业. These are not rights by any definition.

There is no such thing as evil. Democrats are unwilling to accept that there are forces in the world that are evil and that wish to kill as many Americans as they can. No act of kindness, no charity, no spoken words will ever be enough for these blood thirsty, evil, killers. So when we deny that evil in the world exists, we are only weakening ourselves. The most recent example is when Barack Obama decided not to release 公布 pictures of a dead bin laden, because he did not want to further inflame 激怒 the Muslim world. Well, here’s a newsflash简明新闻(指中断其他节目而播出的重要新闻) : they’re already inflamed. Do you really think that some Al Qaeda基地组织(伊斯原教旨主义武装集团的名称)monster is sitting in a cave thinking…Those Americans really aren’t so bad…maybe we should call off把…叫走,取消 ; 停止 the next mass murder plot.” Really? Really? This is the height极点,顶点of naivete天真烂漫,纯真无邪and we cannot afford such infantile(贬)幼稚的;孩子气的thinking from our leaders.

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People cannot take care of themselves. This is another fundamental aspect of Democrats vs Republicans. Just start thinking it through and you’ll quickly share this conclusion. Certain fats are made illegal in restaurants. 150 weeks – 3 years – of unemployment. Giving money to farmers NOT to grow crops. Forcing banks to lend money to unqualified 不合格的 , 无资格的 borrowers. The list goes on and on.

Black people, especially, can’t take care of themselves. Affirmative action( 支持、鼓励聘用女性、少数族裔等受歧视者的 )积极行动或措施,反歧视行动may have been necessary in the wake of尾随 ,紧跟 ,仿效 the civil rights movement. There was an unfortunate time when black people were treated very badly. Fortunately, I was not alive when this was the case. Black people should be offended about affirmative action. It basically says, “you’re not capable of doing well for yourself because, afterall, you’re black. So the government is here to make sure people give you an advantage有利条件,优势 since you can’t possibly do it on

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your own. I have worked along side some brilliant black men and women throughout my career. I never saw anything but competent 有能力的 , 能胜任的 and creative people. That they were black was…well, it was nothing. It wasn’t even coincidental巧合的,碰巧的;偶然的 , since that would imply that it had some meaning. They were just PEOPLE.

Schools should be a federal responsibility. How can a bureaucrat 官僚,官僚主义者 in Washington DC possibly make decisions about school curriculum in Huntsville, Alabama? They can’t. Beyond that, the Constitution leaves education to the States via the 10th Amendment.

Guns are a menace威胁 , 胁迫 , 危险 . Democrats believe that guns are bad and have no place in modern society. They talk about sporting guns 猎 枪 , and high capacity magazines 高容量弹匣 and gun control (all because people can’t possibly be responsible enough on their own). What they don’t consider is why guns are a guaranteed right in the first place. A

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right necessary to allow people to protect themselves against the very government making the laws! I recently read a thoughtful question: Do you think the Revolutionary War could have been fought, much less 更不用说 won, if the American population was unarmed?

The Constitution is a living, breathing document. If the Constitution is fungible 可 互 换 的 , 代 替 的 and can be reinterpreted at the whim of a bureaucrat, what good is it? It is well documented记录 , 记载 that the framers制定者 ,创作者 intended the Constitution to be timeless, to always provide the framework 构 架 ; 结 构 for freedom and a Republican from of democracy. If the Constitution can be changed at the whim of a politician, the result can only be the disintegration瓦解 ;崩溃 of the Republic.

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PICK YOUR OWN PARTY ANIMAL