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Christian Kukus

Michelle Bellini

POS-111-R12

10/15/21

1. One implication of the idea that politics is conflictual is that politicians may not want to

negotiate compromises on important policy questions. Why do you think politicians

sometimes refuse to compromise rather than work together to get things done?

Though political compromise is seen as a necessity it is something that the American

Democracy has difficulties with. It is argued that resistance to compromise cannot be

appreciated without understanding the source within the democratic process itself. The

advancement from campaigning to governing leads to the idea of “permanent campaign” which

encourages political attitudes and arguments that increase the difficulty of compromises. An

uncompromising mindset consists of a politician's principles and the idea of mistrusting

opponents.

While this might be the mindset needed while you are campaigning for office it isn't the

same approach you would want to take while governing because it stands in the way of necessary

changes. The compromising mindset on the other hand allows politicians to adapt, respect, and

understand their opponents point of views leading both groups to be more willing to come to a

desirable compromise. By exploring the tax reform act of 1986 and the healthcare reform in 2010

we will be able to understand these mindsets and what led to these compromises.
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To begin our dive into the understanding of resistance to democratic compromise, we will

look at two pieces of historic legislation. In 1986 the tax reform act eliminated or reduced the

value of many tax deductions, removed millions from tax rolls, and reduced the number of tax

brackets. “The changes were so significant that Title 26 of the U.S. Code was renamed the

Internal Revenue Code of 1986 (replacing the 1954 Code)”(JOA). TRA was only successful after

a series of failed attempts. And even though to some it was seen as a landmark legislation in the

eyes of others this still fell short. Charles Galvin, an avid supporter of tax reformation, once said

“We are advised that this is the most sweeping legislation in fifty years, that it is a model of

fairness and equity ... I dislike being a cynic or a spoilsport, but I am not at all convinced by the

propaganda"(Pen). Another example of compromise leads us to the affordable care act of 2010.

When the patient protection and affordable care act were signed into law the enacted focuses to

expand coverage for citizens, oversee healthcare costs and better our health care delivery

systems. This has caused a stir with citizens since the day it was signed as it instituted a new

requirement requiring that most Americans have health insurance or pay a tax penalty.

All in all I believe it is hard for Politicians to make decisions when they don't align with

their own views or their party's views. When having to compromise with something that you just

flat out disagree with it is hard to find a middle ground and with this uncompromising mindset of

more a group it can be hard to sway them into a compromise as it may take some time. On the

other side of that the other party has to firmly believe and fight for this compromise if it is

something that they truly think needs to be implemented. This could all take a long time as there

are many people involved and a solution has to be found that appeases everyone.
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Works Cited

Annette Nellen, Esq. “30 Years after the Tax Reform Act: Still Aiming for a Better Tax

System.” Journal of Accountancy, Journal of Accountancy, 1 Oct. 2016,

https://www.journalofaccountancy.com/issues/2016/oct/tax-reform-act.html.

Dennis Thompson, “The Mindsets of Political Compromise.” The Mindsets of Political

Compromise | Penn Office of the President, 2010, https://president.upenn.edu/meet-

president/mindsets-political-compromise.

Published: Apr 25, 2013. “Summary of the Affordable Care Act.” KFF, 17 Dec. 2018,

https://www.kff.org/health-reform/fact-sheet/summary-of-the-affordable-care-act/.
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Christian Kukus

Michelle Bellini

POS-111-R12

10/15/21

Analyze the major issues debated by the Framers of the Constitution.

Although the Framers of the constitution agreed that the articles of confederation needed

to be revised there was little consensus. Several issues became the the topic of discussion with

the most important being Balancing majority rule with minority rights, allocating power between

states, determining how to handle slavery, and distributing power between states and

government.The bill of rights was drafted by James madison and added to the constitution to as

the first 10 amendments to the constitution that protect individual liberties and rights.

Representation in congress was another issue that was dealt with here, with smaller states

voting for state equality and larger states off of population. With the Virginia plan proposed by

larger states voting to go off of population and in response the New Jersey plan was created by

smaller states voting for state equality. To balance power between the large and small states, the

framers decided states would be represented equally in the senate and in proportion to their

population in the house in a plan proposed by Connecticut. Further preserving the authority of

individual states, they provided that state legislatures would elect senators. The framers created a

six year senate term in which Madison reasoned that longer terms would provide stability. "If it

is not a firm body," he concluded, "the other branch being more numerous, and coming

immediately from the people, will overwhelm it." when responding to fears that a six year term

would create an unattainable aristocracy in the senate. “A major change in the Senate's
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institutional structure occurred in 1913 with the ratification of the Constitution's Seventeenth

Amendment, providing for direct popular election of senators. Selection of senators by state

legislatures had worked reasonably well for the Senate's first half-century. Eventually, however,

deadlocks began to occur between the upper and lower houses of those bodies. This problem

delayed state legislative business and deprived states of their full Senate representation”(US

Senate).

A disagreement arose when it came to slavery as many southern states depended almost

entirely on agricultural products produced by slaves. To Save their economy the south proposed

two ideas one was to ban congress from taxing exports and the second to forbid congress from

banning the importation of new slaves. In the end delegates who opposed slavery realize

pressing the issuewith southern states would make it nearly impossible to come together. They

ended up coming to a compromise stating that Congress could not tax exports and that no law

could be passed to ban the slave trade until 1808. Another aspect of slavery was the three fifths

compromise which states each enslaved person will be counted as three fifths of a person for the

purpose of determining house members and the distribution of taxes.

Another issue talked on by the Framers is National and Local power. Tensions over the

balance of power are virtually at the heart of every topic debated by the framers constitution.

These issues included whether or not the national government has the power to supersede state

laws, apportionment in legislature, slavery, regulation of commerce and taxation, and the

amendment process. Reserved powers can be described as “The powers not delegated to the

United States by the constitution , nor prohibited by it to the states ,are reserved to the states or

people respectively”(Canon 47). Reserved powers are seen as putting limitations on the reach of

national power.
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Works Cited

“Origins and Development.” U.S. Senate: Origins and Development, 30 Nov. 2020,

https://www.senate.gov/artandhistory/history/common/briefing/Origins_Development.htm.

Bianco, William T., and David T. Canon. American Politics Today. W.W. Norton &

Company, 2021.

“The Major Debates at the Constitutional Convention.” CIVICS RENEWAL NETWORK, 17

Oct. 2019, https://www.civicsrenewalnetwork.org/resources/major-debates-constitutional-

convention/#:~:text=The%20major%20debates%20were%20over,and%20a%20bill%20of

%20rights.
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Christian Kukus

Michelle Bellini

POS-111-R12

10/17/21

1. Should the government provide tax credits and other incentives for things like electric

vehicles and alternative energy, or leave such things up to the free market? Why?

While the government could provide an incentive for alternative energy or electric

vehicles they don't necessarily have to do it as the government shouldn't have to provide

an incentive for something already gaining popularity. At the start of 2018, electric cars

were relatively new to the automotive industry, but there's no denying they're increasing

in popularity. We see for example Elon Musk who is working towards making Tesla

more affordable with his upcoming model 2 which is said to be available for as low as

25k. With electric vehicles already seemingly popular and affordable as is, If the

government was to provide incentives for electric vehicles people would buy them more

frequently as there are the now added benefits or tax credits. If the government was to

incentivize companies to produce electric vehicles the supply would increase, there could

be a slight change in demand as the companies received the incentive not the consumer,

and the quantity of vehicles demanded by consumers would be less than the vehicles

being produced.

While EV’s benefits seem to outweigh those of a standard gas vehicle, it doesn't

come without its flaws. Electric vehicles might seem like they are a great alternative but
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they still cause devastating damage to the environment during the production phase.

Mining for the lithium in these batteries takes an estimated 500,000 gallons of water per

ton of lithium extracted. This can threaten communities near where the lithium is mined

because it can lead to famine or droughts if it is not kept in order. In Nevada,

“Researchers found impacts on fish as far as 150 miles downstream from a lithium

processing operation” (IER). There are pro’s and con’s when it comes to buying any type

of vehicle as the gas itself contributes to air pollution making up at least 22% of carbon

emissions from energy consumption. “The vapors given off when gasoline evaporates and

the substances produced when gasoline is burned (carbon monoxide, nitrogen oxides,

particulate matter, and unburned hydrocarbons) contribute to air pollution. Burning

gasoline also produces carbon dioxide, a greenhouse gas”(EIA). Even though EV’s are

increasing in popularity on their own in some states such as Arizona, California, and

Colorado tax credits up to $2,500 to $7,500 for new purchases provided to those owning

fully electric or hybrid cars.

In the end I don't believe that the government should provide an incentive when it

comes to renewable energy and electric vehicles. As they gain popularity on their own

and still cause damage to the environment there is no reason to incentivise this as the free

market will handle this by itself. By leaving this up to the free market I believe that

popularity for these vehicles will still be on the rise as they have many features that are

not offered in other models.

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Works Cited

Bater, Emily. “The Environmental Pros and Cons of Electric Cars.” Admiral, Admiral, 22

Oct. 2020, https://www.admiral.com/magazine/guides/motor/the-environmental-pros-and-

cons-of-electric-cars

“Electric Vehicle Benefits and Considerations.” Alternative Fuels Data Center: Electric

Vehicle Benefits and Considerations, 2021,

https://afdc.energy.gov/fuels/electricity_benefits.html.

“The Environmental Impact of Lithium Batteries.” IER, 12 Nov. 2020,

https://www.instituteforenergyresearch.org/renewable/the-environmental-impact-of-

lithium-batteries/.

“U.S. Energy Information Administration - EIA - Independent Statistics and Analysis.”

Gasoline and the Environment - U.S. Energy Information Administration (EIA), 19 Nov.

2020, https://www.eia.gov/energyexplained/gasoline/gasoline-and-the-environment.php.
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Christian Kukus

Michelle Bellini

POS-111-R12

10/18/21

Describe the major First Amendment liberties related to freedom of speech. Was

President's Trump's speech to his followers prior to the Jan. 6 riot "incendiary"?

The First Amendment guarantees freedoms concerning religion, expression, assembly,

and the right to petition. It forbids Congress from both promoting one religion over others and

also restricting an individual’s religious practices. It guarantees freedom of expression by

prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also

guarantees the right of citizens to assemble peaceably and to petition their government. The first

amendment is neither left nor right wing and is available to everyone since birth.

It is Important to note that prior to the events of january 6th that the potential for violence

that day was clear with police warning the FBI that certain protesters viewed it as an opportunity

for a violent revolt stating ``go there ready for war.' The FBI has a duty to warn of domestic

terrorist threats but it is clear that despite the notices that the government was not prepared and

more than four months later, we are still in the dark about exactly what went wrong.

During Trump’s speech he says “Now it is up to Congress to confront this egregious

assault on our democracy ...We’re going to walk down to the Capitol, and we’re going to cheer

on our brave senators, congressmen and women. We’re probably not going to be cheering so

much for some of them because you’ll never take back our country with weakness. You have to

show strength, and you have to be strong.'' This and other statements made was enough to incite
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his crowd of followers to storm the capitol to protest President elect Joe Biden later that day.

“We fight like hell, and if you don't fight like hell, you're not going to have a country anymore,”

Trump said. “So we are going to walk down Pennsylvania Avenue – I love Pennsylvania Avenue

– and we are going to the Capitol.” Trump's speech incited havoc upon the capitol as protestors

vandalized and looted the property even resulting in the death of multiple people including a cop

who was beaten by the crowd, the protest was ended when police began using tear gas on the

crowds of people.

Although the first amendment Protects one's rights to freedom of speech and assembly,

what perspired January 6th was not protected by the first amendment. Trump's speech directly

states for his supporters to go to the capitol in protest for change. Our right to gather in peaceful

protest, marches, and other assemblies is a core freedom of speech guaranteed by the first

amendment. With thousands of people swarming to the capital to protest, Trump's speech was

indeed incendiary as he states that we will never take back the country with weakness and that

we have to be strong and fight like hell. I don't believe he may have intended for it to go this way

even tweeting “I am asking for everyone at the U.S. Capitol to remain peaceful. No violence!

Remember, WE are the Party of Law & Order – respect the Law and our great men and women

in Blue. Thank you!” in the hopes of calming it down but to no avail.

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Works Cited

“The Capital Insurrection: Unexplained Delays and Unanswered Questions .” - The

Capitol Insurrection: Unexplained Delays and Unanswered Questions, 12 May 2021,

https://www.govinfo.gov/content/pkg/CHRG-117hhrg44570/html/CHRG-117hhrg44570.htm.

“First Amendment.” Legal Information Institute, Legal Information Institute,

https://www.law.cornell.edu/constitution/first_amendment.

“The Free Speech Center.” 7 Things You Need to Know about the First Amendment | The

Free Speech Center, https://www.mtsu.edu/first-amendment/page/things-you-need.

Transcript of Trump's Speech at Rally Before Us Capitol ...

https://www.usnews.com/news/politics/articles/2021-01-13/transcript-of-trumps-speech-at-rally-

before-us-capitol-riot.
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Christian Kukus

Michelle Bellini

POS-111-R12

10/17/21

What rights do criminal defendants have in the US? Where do those rights come from?

While it may seem that criminals are paying back a sort of debt and don't have any rights,

in the US all those accused of criminal prosecutions have their rights protected by the Fifth and

Sixth Amendments. The Fifth Amendment states that “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 offense 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” (Cornell). This creates a number of

rights including grand juries, double jeopardy, and self incrimination; these rights regard both

civil and criminal affairs.

In Miranda v. Arizona, 384 US 436 (1966), it is questioned whether or not the Fifth

Amendment's Protection of self incrimination extends to police interrogation. The answer to this

was that all suspects need to be notified of their right to remain silent, and that anything he said

can be used against him in a court of law. A defendant was required to be told that he had the

right to an attorney, and if he could not afford an attorney, one was to be appointed for him prior
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to any questioning if he so desired. After being informed of their rights they can make the

decision to continue with questioning or proceed further with an attorney present. Any evidence

achieved this way cannot be used in the court of law unless the suspect intentionally and

knowingly waives their rights and proceeds.

The Sixth Amendment guarantees criminal defendants “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

defense”(Cornell). We also see another example of criminal rights in Gideon v. Wainwright, 372

US 335 (1963), This case questioned if the Sixth Amendment's right to counsel in criminal cases

extend to felony defendants in state courts. The answer to this was yes by way of the 14th

amendment. It was consistent with the Constitution to require state courts to appoint attorneys

for defendants who could not afford to retain counsel on their own. Clarence Earl Gideon was

charged in Florida state court with felony breaking and entering. When he appeared in the court

without a lawyer, Gideon requested that the court appoint him one. However according to

Florida state law a attorney can only be appointed in capital cases so they did not appoint one.

Gideon represented himself in trial and was found guilty and sentenced to five years in prison.

With this example it is important to know that this is one of the rights as a defendant as if you

can't pay for a lawyer one will be appointed for you.

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Works Cited

“Sixth Amendment - Speedy Trial, Public Trial, Right to Trial by an Impartial Jury,

Notice of Pending Criminal Charges.” Speedy Trial, Public Trial, Right To Trial By An

Impartial Jury, Notice Of Pending Criminal Charges - JRank Articles,

https://law.jrank.org/pages/10308/Sixth-Amendment.html.

“Criminal Rights: Laws and Protections.” Criminal Justice Degree Schools, 14 Oct.

2020, https://www.criminaljusticedegreeschools.com/resources/criminal-rights-laws-and-

protections/.

“Fifth Amendment.” Legal Information Institute, Legal Information Institute,

https://www.law.cornell.edu/wex/fifth_amendment.

"Miranda v. Arizona." Oyez, www.oyez.org/cases/1965/759. Accessed 19 Oct. 2021.

"Gideon v. Wainwright." Oyez, www.oyez.org/cases/1962/155. Accessed 19 Oct. 2021.

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