Walker Percy's, The Loss of the Creature Essay Example | Topics and Well Written Essays - 1250 words - 1

Walker Percy's, The Loss of the Creature - Essay Example There are several instances in school where having a preformed mind about certain issues can deny a student the real pleasure and joy of going through the experiences. As a student, I have desires to achieve several things through my learning. For instance, I want to get high grades, get a good job, and be an important member of the society. The desire to achieve these objectives often seems to override the real experience of going through the education system, thereby depriving the system of its joy and wonderful experience. I tend mostly to focus on what will happen after my education, or after my tests, at the expense of trying to focus on the education itself and the values of the tests. Before joining school, my school, I had heard a lot about the school from former students. I had also conducted an online search of the school before submitting my application. This process helped me to have a preconceived idea about the school even before I was enrolled. Surprisingly, this is what most of the students do before the join their dream schools. According to Percy, The curiosity and desire to know about something can derail one from enjoying the experience of discovering the process. Preconceived ideas create social biases and prejudices, which can hamper critical thinking and proper decision-making. For instance, I may have overlooked other schools, which may have been better than my current school, due to the prejudice I had from my preconceived ideas. Percy also argues that human beings do not often appreciate the full value of their lives because they unintentionally adopt passive roles. It is almost as if human beings have lost their sovereignty and control of their experiences unintentionally. The loss of sovereignty can be seen when people create symbolic complexes, which undermine an individual’s ability to actively engage in issues. One example in which Percy uses to illustrate this loss is his description of a tourist couple that goes

Athens State Information Systems and Information Technology Research Paper

Athens State Information Systems and Information Technology - Research Paper Example Student Advising Module is an element that is provided by Athens State University through Banner. SAM is the students’ official plan of the study which gives students chances to view courses according to year. It also allows the students to view unofficial transcripts, degree plans, as well as grades from the courses, completed recently. SAM’s applicability is the matter to the accurateness of the academic history of students as well as the programs that are installed in SAM. It allows the students to receive the updated transcripts regarding the raises as well as promotions after completing the degrees or courses. This means that the students get information directly from the instructor posts the grades. The degree planner offers students guarantee for coursework pertinent to degree plan as well as the updated grade for expected graduation. SunGard Banner has utilized by the Athens State University. It has helped the University in analyzing, measure as well as improves academic programs and student victory projects. This is an automated self-service software package that connects the whole institution. Banner provides, as well as grades from the courses, s, account information, and needs of course material and individual information control ability to students of Athens States University. This system assists the students who in few years ago had to travel to the institution in order to get and fill the forms, and move from one campus to another in order to finish the required tasks.  

Mother To Son Essay Example for Free

Mother To Son Essay The author, Langston Husthes, vividly showed how the African-Americans struggled and managed to live. The efforts they made to change and how much they changed their appearances were very evident in the three poems, â€Å"I am too†, â€Å"Mother to Son†, and â€Å"Negro†. The writer started the poem using a conversational tone, which easily showed its viewers that he was talking to somebody. In his poem, â€Å"Mother To Son†, the author told the story of how the African-Americans struggled to survive the harsh realities of living in a society dominated by the white people. The text included: â€Å"Life for me aint been no crystal stair. Its had tacks in it, And splinters, And boards torn up, And places with no carpet on the floor Bare. † This specific part of the poem showed how much the African-Americans suffered from living in a society dominated by white people. The author used a lot of metaphors in the poem to illustrate his points. The â€Å"crystal stair† mentioned in the poem, contained several meanings. The crystal may be considered to be attractive, but very fragile. The use of the crystal in the poem was somehow successful in connecting a creative story with that of reality-that the crystal stair may be used as a symbol for the way of living white people had. The poem was also told from a mothers point of view. From the text, it can be perceived that the mother was a slave at the white house, serving white people. The reader is given contrasting images of how the African-Americans suffered, while the white and rich Americans ruled over society. Throughout the entire poem, the mother tried to show the readers the uneven treatment given to both races. Words, such as â€Å"and† were repeatedly used to emphasize the hardships endured during that time. The line, â€Å"And places with no carpet on the floor –Bare,† was also used to demonstrate how the white people unfairly treated the black people.

Psychotropics in Paediatrics or Adolescents

Psychotropics in Paediatrics or Adolescents Introduction Psychotropic drugs are medications and chemical formulations that cross the blood brain barrier to act on the central nervous system to stimulate the change of mood and behaviour of an individual. Schatzberg and Nemeroff (2009) underscore that it is important to note that these medications are not curative but rather palliative, and although they may improve symptoms associated with various mental disorders, they do not cure the primary cause of the disorders. According to Perry (2007), psychotropic medications include antidepressants, antipsychotic or neuroleptics, attention deficit hyperactivity disorder (ADHD) drugs, and antimanic or anxiolytics among others. This paper aims at discussing the physiological implications of using psychotropic medications in paediatric and adolescent populations with a bias on neuroleptic/antipsychotic, anxiolytic/antianxiety and ADHD drugs. While there may be reservations regarding the use of psychotropic medication in children and the physiologic effect of these drugs on young people’s central nervous system development, leaving mental disorders untreated is not a viable option as evidently supported by medical literature. This is because untreated mental illness may cause paramount long-term morbidity and even irreversible deficits in socio-emotional and cognitive functioning. Regardless of ethical and legal reservations surrounding the use of psychotropic drugs among paediatric and adolescent patients, analyses of data on their use reveals fast changing trends pointing to increased use. According to Hsia and MacLennan (2009) there was a three-fold increase of the number of children/adolescents taking any psychotropic drug between 1987 and 1996. Adolescent visit to physicians significantly increased psychotropic prescriptions as evidenced by an increase to 8.3% of the prescriptions in 2001, up from 3.4% in 1994 (Hsia MacLennan, 2009). In 2001, psychotropic prescriptions made up 8.8% of all psychopharmacological prescriptions among patients aged between 6 and 17 years (Hsia MacLennan, 2009). In terms of gender, more male paediatrics and adolescents are on these medications compared to their female counterparts. Due to increased incidences of anxiety, depressive, manic, and other psychotropic disorders in paediatrics and adolescents, there has been an increased acceptance and need for use of neuroleptics, anxiolytics and antidepressant drugs in these patients. Neuroleptics and their implications on paediatrics/adolescent Neuroleptics, also known as major tranquilizers or antipsychotic drugs are used primarily to treat psychoses and symptoms. In paediatrics and adolescents, they are also indicated in the treatment of other non-psychotic psychiatric disorders. They are the drugs of first choice in treatment of autism and schizophrenia in children and adolescence. Kalyna and Virani (2007) explain that neuroleptics are used in treatment of paediatrics and adolescents with severely aggressive conduct disorders, Tourette’s disorder, and chronic motor or vocal tic disorder. Antipsychotic drugs are also used in the treatment of ADHD but their use has decreased due to increased use of stimulant medications which are more effective for this disorder. Examples of antipsychotic drugs include haloperidol, chlorpromazine, molindone and fluphenazine. Newer formulations include olanzepine, clozapine, quetiapine, risperidone and ziprasidone (Hamrin, McCarthy Tyson, 2010). The use of neuroleptics on paediatrics and adolescents has several implications. Side effects associated with long-term use of these medications in this population include akathesia, acute dystonic reactions, parkinsonian symptoms, tardive dyskinesia, anticholinergic symptoms and sedation. They also lower seizure threshold in susceptible subjects and drugs such as Chlorpromazine should not be used in such patients. Tardive dyskinesia is a grave concern and has been reported in about 1 to 20% of paediatrics and adolescents on long-term use of neuroleptics (Kalyna Virani, 2007). It may occur as early as 5 months after commencement of treatment or may delay to up to 3 years. Since paediatrics and adolescents have more dopamine receptors than adults, they are more sensitive to side effects affecting the central nervous system. Long-term use of neuroleptics should be avoided in this population but †¦.contends that low doses may be recommended in selected difficult cases. Other side effects associated with neuroleptics include weight gain, irregular menses and breast enlargement in adolescents. Doran (2013) documents that second-generation anti-psychotic (SGA’s) drugs can cause metabolic disturbances and weight gain in paediatrics and adolescents even during first-time treatment. For instance, in a trial of treatment of schizophrenia with olanzapine, 30% of the paediatric/adolescent subjects gained weight compared to 6% in adult subjects (Doran, 2013). Other SGAs such as risperidone, quetiapine and clozapine also posted similar results with the paediatric/adolescent subjects gaining between 0.9 to 16.2 kilograms (Doran, 2013). Withdrawal of neuroleptics or lowering of the dosage may lead to withdrawal emergent syndrome with resultant aggravation of psychotic symptoms. This has been reported in paediatrics and symptoms include ataxia, vomiting and nausea. In a study by Vitiello (2008) as high as 51% of the paediatric patients showed the withdrawal symptoms, usually occurring after few days to few weeks after drug withdrawal. Clozapine has been associated with deaths of two paediatric patients with the mechanism being linked to sudden cessation of treatment (Vitiello, 2008). Haloperidol has been demonstrated to interfere with the children and adolescent’s daily routine including social and school activities. Neuroleptics increase sedation, lethargy and somnolence in paediatrics and adolescents than in adults; for instance, this was demonstrated in 30% to 49% of paediatric patients being treated with Risperidone in contrast to 7% of adults taking the same drug for bipolar mania (Hamrin, McCarthy Tyson , 2010). Anxiolytics and their implications on paediatric/adolescents Anxiolytics are psychopharmacologic drugs used to treat anxiety disorders in paediatrics and adolescents. Other conditions for which they may used include sleep disorder, aggressive behaviours and psychosis. They include selective serotonin-reuptake inhibitors (SSRIs) benzodiazepines, tricyclic antidepressants (TCAs) and busipirone. Anxiety disorders are greatly predominant in adolescence; between 6 and 20% of children have a type of anxiety disorder (Kalyna Virani, 2007). Doran (2013) documents that use of benzodiazepines in paediatrics and adolescents has tripled over the last 10 years. Anxiolytics are recommended to be used only after an aftermath of an event e.g. traumatic event and should be used for short periods (not more than two weeks) to avoid the risk of developing addiction or diminished efficacy. A recent review shows that SSRIs have become the preferred pharmacological intervention for paediatric anxiety disorders. They have very potent anxiolytic effects and their tolerance among paediatrics and adolescents is high. However, this class of psychotropic drugs has been associated with increased suicidal ideation. A well-documented controversy in paediatric and adolescent psychopharmacology occurred in 2003 when FDA issued public alert warning prescribers of increased ideation and attempts of suicide among patients below 18 years on anxiolytics (Vitiello, 2008). This contributed to a substantial drop in rates of diagnosis and prescription of these drugs among paediatric and adolescent population. Later, after a meta-analysis of numerous clinical trials of nine drugs in this class, it was demonstrated that there was only a marginal increase (0.7%) increase in the suicidal ideation with no actual increase in completed suicides (Schatzberg Nemeroff, 2009). However, this has led to adoption of a multidisciplinary approach towards management of paediatric and adolescent depression to encompass both pharmacological and non-pharmacological interventions. Cardiovascular adverse effects are often reported with most anti-anxiety medications because these drugs act on the autonomic system. Such side effects include increase in heart rate and changes in blood pressure. Although these side effects are generally not of major clinical significance while taking psychotropic medications, tricyclic antidepressants (TCAs) such as desipramine have been inconclusively linked to sudden death among paediatric patients (Kalyna Virani, 2007). Therefore, it is imperative for the prescribing physicians to take a comprehensive patient history, as well as monitor the electrocardiograms, heart rate and blood pressure changes of the paediatric and adolescent patients before and during treatment with psychotropic agents such as TCAs. Lamotrigine manifestly increases the risk for severe skin reactions and hives in paediatrics and adolescents (Dulcan, 2010). Another critical consideration in anxiolytic use of drugs in these subjects is drug interactions. Drugs that inhibit the cytochrome P450 enzyme system could have adverse effects on the subjects if concomitantly administered with anxiolytics (Perry, 2007). Antifungal drugs and some antibiotics such as erythromycin when co-administered with SSRIs such as fluoxetine can cause cardiac arrhythmias (Perry, 2007). Others such as imipramine and Lamotrigine can cause toxic delirium (Hamrin, McCarthy Tyson, 2010). The prescribers must document all medications that may have drug-drug interactions with psychotropics as well as those that have direct or indirect effect on the cytochrome P450 enzyme system. ADHD drugs and their implications on paediatrics/adolescents Stimulants used in management of ADHD are some of the most used psychotropic drugs among paediatrics and adolescents. However, trepidation persists due to concerns of the adverse effects of these drugs on the growth rate in paediatrics. Use of stimulant psychotropic drugs has been associated with stunted growth rates. The Multimodal Therapy of ADHD study demonstrated that stimulant psychotropic drugs, especially in high doses, reduce growth velocity and weight (Gelder et. al, 2009). This is due to appetite loss, a common adverse effect associated with these stimulant drugs. However, in most cases normal growth seems to rebound once the psychostimulant agents are withdrawn with no significant suppression of ultimate height attained. Nevertheless, some studies have revealed that pyschostimulants continue to suppress growth in early and late adolescence. Rosenberg and Gershon (2002) explain that pyschostimulants such as methylphenidate may permanently cause stunted growth by affecting e piphyseal closing of long bones if used between ages 17 and 21 years. However, Cheng and Myers (2010) outline that suppression of growth could be because of the underlying mental disorder, for instance, ADHD rather than the treatment. One disconcerting physiological implication of ADHD drugs especially in paediatrics being treated for hyperactivity or outbursts is the aggravation of the condition with the medication, a phenomenon referred to as paradoxical response. Doran (2013) explains that in a small number of paediatric/adolescent patients may severely increase nervousness and agitation instead of reducing it (disinhibition). These subjects may become giddier, act sillier or even manic. Similarly, some younger patients may be more depressed after being put on antidepressants. Studies have shown paediatrics and adolescents getting more moody and agitated after receiving mood treatment psychotropic drugs in ADHD treatment (Kalyna Virani, 2007). Others on stimulants may become more hyperactive and fail even to respond to sleep-inducing drugs. Research by Hamrin, McCarthy and Tyson (2010) shows that if a paediatric or adolescent patient shows paradoxical effect to one class of psychotropic drugs, there is a 50% o f similar reaction if he or she is given another drug of the same class. Paediatrics and adolescents have a lower albumin binding capacity and reduced adipose compartment, leading to a higher percentage of unbound compound than adults. Similarly, their drug biotransformation rates are higher, and this could reduce the half-life of the drugs relatively increasing the risk for toxic metabolite levels. This may contribute to physiological rebound effect where the paediatric and adolescent patients present with exacerbation of symptoms than original symptomatology (Dulcan, 2010). This often occurs when drug plasma levels decrease due to increased hepatic elimination and subsequent renal excretion. The subjects show symptoms such as hyperactivity, irritability, insomnia, over talkativeness, excitability and non-compliance (Dulcan, 2010). Schatzberg and Nemeroff (2009) explain that this can be remedied by adding a small afternoon dose or using slow-release preparations. The physician may also opt to use short- and long acting medications. Other implications of ADHD drugs on paediatrics and adolescents are the drug’s adverse effects. In a meta-analysis review, 32% of the doctors were concerned with decreased appetite and loss of weight association with these drugs. Half of them raised concerns about disturbed sleep while 22% were apprehensive of the increased anxiety. Other physicians indicated that they were concerned about possible diversion of ADHD drugs and felt burdened by prescribing these controlled drugs for paediatrics and adolescents. There is a high potential for abuse of controlled stimulant drugs used in ADHD treatment which can be achieved by crushing and snorting the medication. However, this abuse potential has been addressed through extended release formulations and introduction of skin patches which are less susceptible to abuse. Conclusion Psychopharmacological treatment in paediatrics and adolescents is an area of on-going ethical discussion, as these subjects affected by mental disorders are a vulnerable class of patients. The use of psychotropic drugs in children below 8 years is under-researched; this is because most of these drugs are developed and researched in adults. In addition, it could also be due to existing ethical and legal considerations that hamper access of research to such studies. Paediatrics and adolescents with psychotic disorders will classically be put on psychotropic drugs while those with other disorders will be put on non-pharmacological treatment. Sometimes, both approaches may be used simultaneously. Logically, the benefits of pharmacological intervention must outweigh potential risks associated with use of these drugs in these young people. An important consideration is the proof of the efficacy and safety of the drug for the age of the patient and the specific disorder. Psychopharmacothera py in paediatrics and adolescents requires a holistic, multidisciplinary approach. Pharmacovigilance in use of psychotropic agents among these subjects as well as their long-term efficacy and adverse effects are indispensable. It is evident that paediatric and adolescent patients are, to say the least, more vulnerable to adverse effects of psychotropics than adults are. With the increasing adoption of psychopharmacological interventions in treatment of paediatrics and adolescents with mental disorders, novel research is vital to come up with clear evidence-based recommendations on use psychotropics in these subjects. References Cheng, K. Myers, K. M. (2010). Child and Adolescent Psychiatry: The Essentials. Philadelphia: Lippincott Williams Wilkins. Dulcan, M. K. (2010). Dulcan’s Textbook of Child and Psychiatry. Arlington, VA: American Psychiatric Publishing, Inc. Doran, C. M. (2013). Prescribing Mental Health Medication: the Practitioner’s Guide. Oxon: Routledge Publishers, Inc. Hamrin, V., McCarthy, E. M. Tyson, V. (2010). Paediatric psychotropic medication initiation and adherence: a literature review based on social exchange theory. Journal of Child and Adolescent Psychiatric Nursing, 23, pp. 233-242. Hsia, Y. MacLennan, K. (2009). Rise in psychotropic drug prescribing in children and adolescents during 1992-2001: A population-based study in the UK: European Journal of Epidemiology, 24(4), pp. 211-216. Rosenberg, D. Gershon, S. (2002). Pharmacotherapy for child and psychiatric disorders. New York: CRC Press. Gelder, M., Andreasen, N., Lopez-Ibor, J. Geddes, J. (2009). New Oxford textbook of Psychiatry. Oxford: Oxford University Press. Kalyna, Z. B. Virani, A. S. (2007). Clinical Handbook of Psychotropic Drugs for Children and Adolescents. Boston, MA: Hogrefe Publishing GmbH. Perry, P. J. (2007). Psychotropic Drug Handbook. Philadelphia: Lippincott Williams Wilkins. Schatzberg, A. F. Nemeroff, C. B. (2009). Textbook of Psychopharmacology. Arlington, VA: American Psychiatric Publishing, Inc. Vitiello, B. (2008). An international perspective on paediatric psychopharmacology. International Review of Psychiatry, 20, pp. 121-126.

The Common Goals of Feminism Essay -- Feminist Theory

Feminism and all branches of feminism have a number of common goals. These goals include the analysis of gender inequalities and the effects of other systems of oppression such as race and class. In most cases, the analysis is intersectional, recognizing how each system can be inclusive to other systems resulting in different levels of oppression. In the case of a woman, who is black and lesbian, versus a woman, who is white and lesbian, there are different levels of oppression. Although together these two women experience gender inequalities with men and sexuality inequalities with heterosexuals, they still have different experiences with race inequalities and in that way are oppressed differently. The point of feminism would be to show that as a group, whichever group or should I say groups one may fall into, you experience privilege or you don’t, more or less. Care must be taken when using such a description of the term feminism because its many branches have many dis tinct characteristics of their own. Black feminism, western feminism, post colonial feminism, multicultural feminism, radical feminism, and social feminism were developed at different points in history and had main focuses that may or may not have been beneficial to the cause or successful in any way. Liberal and social feminism both began to emerge around the same time in pursuit of an analysis of those differences in legal rights received among men and women as well as those social differences that resulted in the roles that women have been taught to assume. Around the late 1700’s, the concern for rights such as property ownership, child custody, ability to sue for divorce, admission into colleges and universities, and employment opportunities that... ...le University Press, 1992 Hooks, Bell. â€Å"Black Women: Shaping Feminist Theory† Feminism and ‘Race’ Bhavani, Kum Kum, ed. Oxford University Press, 2001` Kimmel, Michael S. â€Å"From ‘ Conscience and Common Sense’ to ‘Feminism for Men’† Feminism and Men: Reconstructing Gender Relations. Schacht, Steven and Ewing, D, eds. New York University Press 1998 Messner, Michael A. â€Å"Radical Feminist and Socialist Feminist Men’s Movements in the United States† Feminism and Men: Reconstructing Gender Relations. Schacht, Steven and Ewing, D, eds. New York University Press 1998 Spelman, Elizabeth V. â€Å"Gender & Race: The Ampersand Problem in Feminist Thought† Feminism and ‘Race’ Bhavani, Kum Kum, ed. Oxford University Press, 2001 Wollstonecraft, Mary. â€Å"From A Vindication of the Rights of Woman† Feminist Theory: A Reader. Guy-Sheftall, Beverly, ed. South End Press, 1984

Ritalin, Helpful and Harmful Essay -- Drugs Argumentative Persuasive T

Ritalin - Helpful and Harmful When "20/20" and "Oprah" did segments about ADD on television, many parents felt that they finally knew what was "wrong" with their kids. They rushed to the doctor's office to find out how they could "fix" the problem. Most soon discovered a drug called Ritalin. It sounded simple. All they had to do was give their rambunctious or hyperactive child a pill three or four times a day, and magically he or she would be a perfect little angel. Most were so happy to find a cure that they did not stop to contemplate other methods of treatment, possible side effects, or get a second opinion. Dr. Sharon Collins believes this is because, "It takes time for parents and teachers to talk to kids. It takes less time to get a child a pill" (Hancock 52). Parents get stuck in the mind set that Ritalin is a cure all for hyperactive children. Many psychiatrists say that "about half of the children who show up in their offices as ADHD referrals are actually suffering from a variety of other a ilments" (Hancock 52). Some doctors claim that "parents of normal children have actually asked for Ritalin just to improve their child's grades" (Hancock 53). When parents cannot get Ritalin from one doctor, they keep searching until they eventually find one who will prescribe the drug (Hancock 53). It is not hard to find a doctor to prescribe Ritalin, because many "think that by giving a child Ritalin, the likelihood of helping him is high and the downside is low" (Hancock 53). Ritalin has become the most prescribed drug for people with attention deficit disorder (ADD) and attention deficit hyperactivity disorder (ADHD). An abundance of media coverage brought Ritalin to the attention of parents, educat... ...ing a wide variety of side effects ranging from nausea to severe psychological dependence. The large number of prescriptions being filled has led to an increased circulation of the drug. This, in turn, leads to a greater possibility of misuse of the drug. Office staff and administrators have to come up with safety procedure to insure safe and proper dispension of the drug. Works Cited Bromfield, Richard. "Fad or disorder?" American Health June 1996: 32-33. Chisholm, Patricia. "The ADD dilemma: is Ritalin the best way to treat attention deficit disorder?" Maclean's 11 March 1996: 42-45. Hancock, LynNell. "Mother's little helper." Newsweek 18 March 1996: 51-58. Price, Joyce. "DEA restless about Ritalin: doctors are sounding the alarm about a popular drug used to combat attention disorders in kids." Insight on the News 1 July 1996: 39-40.

Presidental powers Essay

In 2008, The Supreme Court heard and decided a case involving a fundamental right of citizens, that of habeas corpus. Habeas corpus is the right of an accused person to go before a magistrate (judge) and hear and respond to the charges under which they are being held. In this particular case, Boumediene v. Bush (2008) a number of complications are involved in what at first blush appears to be a relatively simple determination. Throughout history, the Executive Branch has assumed extra-constitutional powers in times of war. A troublesome aspect of this phenomenon is the fact that the Executive Branch itself most often defines the terms and limitations of its own power. Historically, the Executive Branch has acted in times of war as it pleased, pleading the exigencies of war, and has deferred judgments about their actions until after the fact. (Smith, 1997) The Executive has also had an adversarial relationship with both the Legislative and Judicial Branches with respect to these issues. Despite provisions in the constitution designed to avoid such eventualities, the reality is that, in times of war, all the branches of government are complicit in granting the executive branch dictatorial powers, including the ability to suspend habeas corpus. (Smith, 1997) The â€Å"flexing† of executive muscle during times of war began in the United States as early as 1798. President John Adams encouraged congress to pass the Alien and Sedition Acts, which severely curtailed speech and print criticisms of the government, . Sedition Acts 1798) and gave the Executive the power to deport non-citizens the Executive deemed â€Å"dangerous to the peace and safety of the United States. † (Alien Act 1798) The fact that Congress passed these bills illustrates a number of informative underlying points regarding the issue. First, the Alien Act avoided constitutional conflict by designating as its targets non-citizens. (Alien Act 1798) Also, Congress, as an entity of the governme nt, felt that the Sedition Act served them as well as the executive. (Sedition Acts 1798) A further point here is that the exigent circumstances in this case consisted of an undeclared war. Underlying the logic behind allowing extra-constitutional presidential power during war is the fact that the executive cannot declare war, congress must do this. (Smith, 1997) Thus, the circumstances surrounding the Alien and Sedition Acts initiated a dubious and dangerous precedent wherein the President is allowed to determine when and if a state of war exists in order to exercise extra-constitutional powers. It should be noted that these Acts, and Adams’ actions under them, did not go unchallenged. (Smith, 1997) They gave particular strength to the Jeffersonian Republicans’ claim that Federalist government exercised too much power. They also provoked Kentucky and Virginia to publish resolutions promoting the notion of State sovereignty. (Virginia and Kentucky Resolutions 1798-9) The outrage caused by these laws became a major factor in Adams loss to Jefferson in the election of 1800. (Smith, 1997) In a sense, then, one could argue that the Constitutional design of frequent elections remedied the abuse of executive power. This argument, however, ignores the failure of the checks and balances system to correct the problem. Ironically, the next President to test the use of extra-constitutional authority during an undeclared war was Thomas Jefferson. Smith, 1997) He attempted to enforce the Embargo Act of 1807 by charging violators with treason. This action was quickly repudiated by the federal courts. (Smith, 1997) In this instance, checks and balances worked. It should be noted, however, that Jefferson only acceded to the will of the Courts because he did not feel it a sufficient cause to ignore them. (Smith, 1997) While Andrew Jackson’s tenure as president served as a model for ignoring both checks and balances, and states’ rights, he did not bother to excuse his actions as the exigencies of a state of war(Smith, 1997). This being the case, while his administration did serve to illustrate a great weakness in the system of checks and balances, that of lack of enforcement power, it is not particularly relevant to this thesis. The first president to exercise extra-constitutional power during a declared war was Abraham Lincoln. (Smith, 1997) Lincoln first suspended habeas corpus in areas in rebellion against the United States. One could argue on a legal basis that he did nothing particularly unconstitutional in this case because the areas in question were in rebellion and his authority over them dubious at best. Smith, 1997) However, when Lincoln’s political opponents in the â€Å"loyal† United States began voicing opposition to his act, he suspended Habeas Corpus throughout the nation in 1862, and began jailing citizens for criticizing his actions. (Lincoln, 1862) Additionally, he began to prosecute American citizens in military tribunal courts for treason, precipitating the death penalty in some cases. (Smith, 1997) It wasn’t until 1866, after the war and Lincoln’s death that the Supreme Court rejected Lincoln’s actions, restored habeas corpus, and set aside a military tribunal’s sentence. Ex parte Milligan, 1866) Denial of the writ, argued Justice Davis for the Court, made it impossible for the accused to attain redress from the admittedly biased military tribunal. (Ex parte Milligan, 1866) During WWII, the issue of individual constitutional rights of citizens during war time again reared its head with Executive Order 9066. This order authorized the Military to designate citizens of Japanese descent as â€Å"dangerous†, (Roosevelt, 1942)deprive them of property and intern them in relocation camps without charge and with no burden of proof to justify their incarceration. Roosevelt, 1942) This action is frightening for a number of reasons: first, it was aimed at citizens, not non-citizens, it clearly violated several elements of the constitution and virtually every part of the Bill of Rights, (Roosevelt, 1942) it went unchallenged by most of the United States citizenry, and it was essentially upheld by the US Supreme Court in 1944. (Korematsu v. United States) The court’s defense of the actions taken pursuant to Executive Order 9066, that is, Japanese Exclusion and Interment, was to argue that the exigencies of war made it necessary. The court inexplicably dismissed the notion that the nature of the order itself was racist, and condoned the actions taken under it as necessary for the security of a nation at war. (Korematsu v. United States, 1944) The relationship of the Legislative branch to these circumstances, going all the way back to 1798, is complicit. They passed the sedition acts, passed laws in accordance with Lincoln’s findings, and offered no objections to Roosevelt’s behavior. It wasn’t until the era of Vietnam that the Legislative branch began to actively oppose executive â€Å"overreaching† using war as an excuse. (Smith, 1997) When Lyndon Johnson, and then Richard Nixon used executive power to expand an unpopular war, Congress responded with the War Powers Act. (1973) This law makes pointed and explicit references to the Constitution and frames itself as restoring the constitutional balance of power by limiting the time and nature with which the President can act militarily without the consent of congress. This is the first time that Congress has recognized the constitutional problems associated with undeclared wars. (War Powers Act, 1973) All of this history is the groundwork upon which executive, judicial and legislative action occurred with respect to the â€Å"war on terrorism† in the post- 9-11 United States. The Executive has informally redefined the nature of war, and in so doing, has effectively reversed the balance attempted by the War Powers Act. Smith, 2007)The nature of checks and balances, since 2001, has regressed to WWII levels of abuse, but this time without even the nominal justification of a declared war. Political considerations of short-sighted politicians led to the passage and renewal of the Patriot Act of 2001. While most of this law contains reasoned measures to increase domestic security, section 106 contains extremely troublesome language in that it appears to give the executive a â€Å"blank check† when dealing in activities that are counter to terrorist activities. It reads, in part: †¦when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes. † – Patrio t Act of 2001 HR 3162 RDS (2001) (italics added) Under this umbrella, provisions, such as unwarranted wire taps within the United States become nominally legal. The federal courts, including the Supreme Court, have rallied around some of the provisions of the Patriot Act, while rejecting others. A key part of the act Scrutinized by Supreme Court is the denial of habeas corpus to â€Å"enemy combatants† held in Guantanamo Bay. In 2004, the Court determined that such enemy combatants had the right to petition for habeas corpus. (Rasul v.  Bush) The reasoning within the argument held that despite the fact that the area of detention in this case was Guantanamo Bay in Cuba, the U. S. held sufficient Jurisdiction that the right of Habeas Corpus did indeed apply. (Rasul v. Bush, 2004) This case opened the door to detainees challenging the nature of their detention on constitutional grounds. For the first time, the Courts heard circumstances and conditions of detainees and were able to adjudge the constitutionality of these activities. (Smith, 2007) Finally, in 2008, a deeply divided Supreme Court took the final step in securing detainees rights under the constitution by allowing them to appeal their detention to civilian courts. This decision states that the president had acted unconstitutionally in denying civilian due process. (Boumedien v. Bush, 2008) The fact that this case was extremely political in nature, having potentially significant impact on the presidential elections, illustrates a fundamental shift in the balance of power between the three branches of government. The â€Å"power of the purse† by which Congress could nominally control military actions by directing funding has been blunted by political considerations. Members of Congress cannot advocate cutting or eliminating funding for operations already in progress, since that action would manifestly compromise security, and endanger the lives of US military combatants. To advocate for funding cuts to military operations would be political suicide; thus the pendulum of War Powers has shifted back to the executive. Thought the constitution grants the singular power to declare war to congress, it is frustratingly vague as to what constitutes such a declaration. (Smith, 1997)That ambiguity has been exploited by the Executive Branch to keep the country mired in an unpopular war, and to exercise significant extra-constitutional powers both within and outside of the United States. While the nature of the dynamic between the Legislative and Executive branches in matters pertaining to war have historically been amiable, in the case of Vietnam and afterward, the relationship has been unbalanced and hostile.