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Alexis De Tocqueville

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Zachary M. Zapata @01450686 zmzapata1@gmail.com or kbn739@my.utsa.edu
CRJ 4013-901 Alexis de Tocqueville Assignment

In the DeLeon v. Perry same sex marriage case we learned of the diversity and disparity in individual rights. As of recent, same sex marriage has become a major issue in the United States and the development of equality for all. Although there are many opposed to same sex marriage suggesting the validity of constitutionality not one individual is against the due process of law. The due process of law is derived from the 5th and 14th Amendments and were established to protect individuals civil liberties and basic rights to life. Alexis de Tocqueville speaks of the spirit of the law affecting change and development. De Tocqueville describes the law man to be constantly evolving to adhere to societal needs and expectations of justice and equality. On the spectrum of those opposed to same sex marriage, the major argumentative stance is to declare same sex marriage unconstitutional in that a marriage is only between a man and a woman. De Tocqueville sheds some foresight on the changes of the collective society in influences on law making. Law …show more content…

Perry we see the issue regarding the major political issue of the legalization of same-sex marriages. While some individuals rebuke or chastise homosexuality, other individuals will embrace it as just another aspect of life a average norm to be. We must questions the reason for the early determination of same sex marriage constitutionality. When it comes down to it, our society is just making it illegal for people that live their lives differently from the majority of us. It is inequitable for our government to decide on whether or not homosexuals can be married. Everyone should be able to receive the same benefits and acceptance regardless of their sexuality so granting legal marriage rights under the law must extend to gays and lesbians to ensure that all citizens enjoy full human

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The Lawrence v. Texas ruling paved the way for equal treatment for gays and lesbians and brought them under the umbrella of the society by acknowledging their sexual preferences. 2. For the purpose of the paper we have chosen two American states - Florida and

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In the article, “An Appeal to Maryland Voters, for my Mom”, the author Chrysovalantis P. Kefalas, shows how his argument on why the ruling of the Defense of Marriage Act to be unconstitutional, is justified. Kefalas defends this action this action to show that despite religious views, authorities and laws should not hinder others from happiness and living a life that they desire. His argument take words directly from a widely used source to show that there is reason on both the sides of the law, and religion. He appeals to the Audience’s emotions by describing personal afflictions with himself and the beliefs he once had, and how his situation has affected his life as well as his family. His use of Ethos, Pathos and Logos give his argument a natural balance that can be seen from both sides, making it strong and effective.

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The dissenting opinion included: Scalia, Thomas, Roberts, and Alito. Roberts took a strict-constructionist approach and stated that the Supreme Court did not have jurisdiction because same-sex marriage was not explicitly stated in the constitution. He stated that although same-sex marriage may be a good policy it is not the Supreme Court’s duty to make that decision. He held that the right to same-sex marriage should be given to the states rather than the national government. The constitution protected the right to marriage and requires states to implement these laws equally but the Supreme Court should not engage in judicial policy making.

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This case began when officers were responding to a weapons disturbance on a private residence. When the police entered petitioner Lawrence’s apartment, they witnessed him and another male, petitioner Garner, engaging in consensual sexual act. Both petitioners were arrested and convicted of deviate sexual intercourse, which was in violation of the Texas statute that forbade two people of the same sex to to engage in certain intimate sexual conduct. The State Court of Appeals held the sentence and said that the statute was not unconstitutional under the Due Process Clause of the fourteenth amendment. The court had considered a case, Bowers v. Hardwick, 478 U.S. 186, pushing the point across.

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The Supreme Court granted a certiorari to answer the question if the rulings for other cases against homosexual’s equality had gone against the fourteenth amendment, if Bowers vs Hardwick should be overturned, and if homosexuals should have privacy in their own

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Alexis De Tocqueville was a French aristocrat was a well-educated, political thinker, and historian, who came to America to study the prisons and jails. He arrived in America with longtime friend Gustave de Beaumont, in May of 1831 and stayed about 9 months. Upon his return home he published his travels and experiences in America, in his book Democracy in America. He believed in Democracy and he envisioned France as a Democracy.

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When debating the legalization of same sex marriage, religious reasoning and accusations of bigotry often provoke obstinance. Instead of reiterating those arguments, William J. Bennett, a prominent cultural conservative, former secretary of education, and author of The Book of Virtues, focuses on societal effects in his op-ed article, “Against Gay Marriage.” Though Bennett’s piece conveys partiality, it also attempts to discuss this issue scrupulously to ensure readers will consider his argument and perhaps accept his implications. While some of Bennett’s word choices convey tolerance of the gay community, his rhetoric incites readers to accept that preserving society requires marginalizing homosexuals.

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“I have tried to see not differently but further…”(Tocqueville, 1835) was Alexis de Tocqueville’s conclusion to the introduction of his perennial classic text Democracy in America, and adumbrates to the reader of his modern ideas and observations that were to follow. At the same time, he measures the progress of society through its relationship with equality and liberty. In this paper, I will highlight Tocqueville’s use of equality and liberty to compare the past and the modern, and establish his views on the effects of these concepts with society and each other. Finally, I will put forth that Tocqueville does not favour one concept over the other, but notes the complex relationship between the two and the importance of the co-existence of liberty and equality for a society of people. To begin, let us build the base case to compare with and look the past as defined by Tocqueville, with emphasis on equality and liberty.

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In spite of the fact that a privilege to marry is not listed in the Constitution, the Court said that such a privilege is covered under the Fourteenth Amendment in light of the fact that such choices are vital to our survival and our values. Accordingly, they should essentially reside with the individual instead of with the state. This choice is a conflict with the popular argument that something cannot be an actual constitutional right unless it is spelled out straightforwardly in the U.S. Constitution. It additionally stands out amongst the most imperative models on the general thought of common uniformity, clarifying that essential social equality is basic to our reality and cannot really be restricted on the grounds that a few people trust that their god can 't help

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Holding Yes, Amendment 2 prevents protects for homosexuals or bisexuals was struck down because it was not rationally related to a legitimate state interest. Rule Of Law Supreme Court ruling made it clear that lesbians, gay men and bisexuals have the same rights

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De Tocqueville doesn 't view liberty as an attribute part of the democratic era. He believes that the only character that is associated with this era is equality. He explains in his theory that people of this era prize equality over liberty, although he doesn 't deny that democratic people value liberty, because everyone can take part in it and enjoy it effortlessly, as opposed to liberty where you have to "sacrifice" to achieve it (De Tocqueville, 1835). He holds that equality creates individualism, which means people separate themselves from one another, their ancestors and the future generations, that leads to tyranny and despotism. On the contrary, he claims that during the aristocratic ages, people were not selfish and careless about others ' needs because "aristocracy links everybody, from peasant to king" (De Tocqueville, 1835).

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Tocqueville provided an analysis of how citizens can prevent equality from evolving into a high degree of isolation. Tocqueville analyzed and compared America 's democratic society and Europe 's aristocratic society. In Europe, men remained in a fixed state and class; some men held greater influence and power over others. There was a formal social hierarchy where "a man almost always knows his

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Matthew Feeler Political Science 101 M/W Byron 11/17/16 Midterm: Question 1 The 14th Amendment was created after the civil war in 1868 and the underlying premise of the amendment gives equal protection and rights to slaves. This main idea was obviously the cause of the civil war and gaining freedom from slaves. Although, another part of the Amendment was what is known as the “due process” in which citizens are granted rights to life, liberty, and property. A huge topic of controversy for years has been the idea of same-sex couples being able to marry, and recently in 2015 the supreme court ruled that same sex marriage is legal which to some was very surprising, although some believe that with the 14th amendment, this is a right that should

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Genetic Disorder and Genetic Mutation: “A genetic disorder is a disease that is caused by an abnormality in an individual's DNA. Abnormalities can be as small as a single-base mutation in just one gene, or they can involve the addition or subtraction of entire chromosomes.” [Source: Learn. Genetics. Website.

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