Answer question Essay Example | Topics and Well Written Essays - 1500 words

Answer question - Essay Example When the intentions of the parties are clear from the written contract, a court will not consider additional evidence on the parties’ intentions. TRUE p64 7. An employment contract could contain an exclusion clause that prevents the employer from recovering from the employee damages the employer has to pay under the doctrine of vicarious liability. TRUE p151 8. Upon being issued a demand for documents, a party must produce all relevant documents. TRUE p158 9. Supervision connotes a greater degree of involvement during construction process than inspection. TRUE p168 10. Not all agreements are contracts. FALSE p44 Multiple Choice: 11. Which of the following is a federal power under the Canadian Constitution? A. FISHERIES p1 12. A director is considering buying a car for the corporation from a car dealership that is owned by his brother. To be absolutely safe, what should the director do before making the purchase? C. DISCLOSE THE DIRECTOR’S RELATIONSHIP WITH THE SELLER AN D HAVE THE PURCHASE APPROVED BY THE INDEPENDENT DIRECTORS ON THE BOARD p39 13. To establish causation, the plaintiff must show that B. BUT FOR THE BREACH OF DUTY OF THE DEFENDANT, THE LOSS WOULD NOT HAVE OCCURRED, AND THAT THE DEFENDANT’S BREACH WAS THE PROXIMATE CAUSE OF THE LOSS. P137 14. When can a party revoke an offer? D. ANYTIME BEFORE IT IS ACCEPTED p45 15. Which of the following would be acceptable consideration in exchange for a contractor building a house? D. ALL OF THE ABOVE p46 16. The owner insists that the contractor perform certain work that the contractor claims is not part of the contract. Which of the following is an appropriate course of action for the contractor? C. PERFORM ALL CONTRACTUAL OBLIGATIONS APART FROM THE DISPUTED WORK p61 17. What is the name of the rule that generally excludes extrinsic evidence when interpreting a contract? C. PAROL EVIDENCE RULE p66 18. Which is the most common remedy for breach of construction contracts? B. DAMAGES p59 Shor t Answer: 19. What rule applies when federal and provincial legislation have a direct operational conflict? p1 When federal and provincial legislation have direct operational conflict, the Canadian Constitution declares that the federal law shall prevail. The constitution assigns all issues that have national importance under the power of the Federal Parliament. The fact that the federal laws also touch on the matter being handled by a provincial legislation means that it is of national importance. Therefore, the federal law should prevail over the provincial legislation. 20. If you are setting up a business and are not concerned about liability, but expect to be very successful, what disadvantages is there to operating as a sole proprietor? P34-35 If one operates as a sole proprietor, the primary disadvantage is the fact that the sole proprietor shall bear all liabilities that may be incurred by the business. Business losses, debts, and third-party liabilities are all for the accou nt of the sole proprietor. Another disadvantage is on the matter of taxation. The income of the sole proprietor is subject to individual income tax which may have higher rate than partnerships and corporations. Also, he may not avail of any tax incentives that are available to partnerships and corporations. 21. What is the key difference between obligation imposed under tort law compared to those imposed under contract law? P131 The obligation

Management Practice of the 21st Century Essay Example | Topics and Well Written Essays - 6250 words

Management Practice of the 21st Century - Essay Example decentralized command-and-control, and so forth. (Manager2006) To some extent they have experience managerial behaviour in different tastes and concerns. For example in business concerns sales: Today do we deploy the same patterns of selling behaviour as it was some decades ago Does that pattern is aligned by product, geography, or industry Does technology have some impact in the marketing of that product Many twenty-plus year sales veterans recall that they have witnessed all three models implemented within the same firm, seen them come, and go, and come back. However, managers, and especially senior executives, are increasingly learning that relying solely on memory of past experiences to make decisions is also problematic. If an industry or market is changing, prior experience and personal memory may be outdated, irrelevant to the new circumstance. An incorrect lesson can also be drawn from prior experience. Coca-Cola's senior management appeared quite affected by this when they decided to retire the firm's premier product the Coca-Cola drin k and replace it with a new variant. The results were disastrous and the firm had to bring back its main product, now called Coca-Cola Classic. The episode has gone down in business history as a classic misjudgement. Smart people just drew the wrong lessons from past events. That is why the rigors of knowledge management and analysis of market conditions must exist side-by-side with personal expertise and experience. (Manager2006) According to Winchester John, organizations that adopt e-business practices make use of electronic networks to transform their processes and exchange value, including money, goods and services. The model for these new kinds of companies has evolved from websites through e-commerce and e-channels to an all-pervasive use of electronic means to interact, collaborate and transact business. The significant investment that is being made by enterprises in this sector is accelerating the pace at which transactions and information can be moved across the world's communications networks and in turn is transforming more customers into e-consumers. In addition to the development of the market itself, advances in technology are enabling these solutions to perform more business functions and services than ever before. (Winchester, 2006) Managing Supply Chain 21st century business environmentis defined byrapid change on a global scale, in terms

Social Constructivism and the Cold War

Social Constructivism and the Cold War Introduction This essay will answer the question on how the United Nations Security Council (UNSC) has changed its operations to tackle with the changing world landscape, especially after the end of the Cold War, by holding the concept from Constructivism (Social Constructivism) as a key theoretical framework. Generally, Constructivism is a social theory which is concerned about the relationship and process between agents and structures (Barnett, 2008; Jackson Sorensen, 2007). Therefore, the essay will argue that, in response to the shifts in world politics, the UNSC (noted as an actor) accordingly has changed its operations by constructing norms or so called, international norms, (noted as a structure), in collaboration with other actors, as preconditions in order to be legitimizing and supportive tools for any changing operations. To develop my argument, the essay will be structured into three sections. Firstly, the background of the question, the snapshot of the shifts in world politics and t he main objective of UNSC including its operations will be provided briefly in the first section as a platform for the analytical section. In the second part, the ideas of Constructivism which will be taken into account for the explanation of how the UNSC has changed its tasks, especially with the Finnemore and Sikkinks concept of the life-cycle of norms (1998, pp. 894-905), will be elaborated here. The third section will follow up by using the case study of humanitarian intervention as one of the UNSCs contemporary operations to demonstrate the insights provided by the Constructivists framework. The Shifts in World Politics and the UNSCs Operations When or which period can be defined as a turning point of the shifts in world politics is the first question I have to address in order to make the argument clearer in terms of period of time. To do so in this essay, I will take opinions of many political scientists (Taylor Curtis, 2008; Weiss Daws, 2007) who have commonly spotted the turning point of the changes in world politics to the end of the Cold War. Then, what are the changes of the UNSCs operations correlating with the changes in world politics will be explained in a snapshot here. After the end of the World War II, the United Nations (UN) and The UNSC were established in 1945. The UNSC was reinvented not only to solve the problems of the League of Nations Council but also intentionally to maintain international peace and security as the main responsibility (Taylor Curtis, 2008, p. 315). That is the goal the UNSC has not changed until nowadays even though its operations have changed significantly after the end of the Cold War. During the Cold War period, which Realists had seen as the bipolar system, the world addressed themselves to issues and problems regarding with state-centric notion. The role of sovereignty and the principle of self-determination had been actively mobilized throughout the world. Therefore, most of issues and operations of the UNSC at that time totally related to those ideas. The operation about decolonization and inter-state conflicts are explicit examples. Cameron R. Hume (2004, p. 607) also reiterated that the era of decolonization was coincident with the Cold War. Additionally, the Cold War thwarted the functioning of the UNSC, especially with the vetoes of the two majors (Taylor Curtis, 2008, p. 319). The veto game between the US and the USSR produced an inefficiency of the UNSCs function particularly on the use of force in relevant to Chapter VII (Ibid.). There were a few cases that the Council passed the resolution to call up the use of force and the first one has to wait until 1966 in the case of Rhodesia (Boyd, 1971, p. 223). These are the situation in brief before the end of the Cold War. After the end of the Cold War, world politics has shifted precisely out of the state-centric debates and issues as stated. It is the beginning of the decrease of the role of state sovereignty in many ways. As same as Weiss Daws (2007), they concluded that even there is no refusal about the sacred of borders in international relations but their importance is less than in 1945. Reversely, the world stage has welcomed some trends ignoring to the notion of state sovereignty, which also affected to the role of the UNSC and its operations. According to Hume (2004, pp. 609-610), there are three important trends in the world politics that have been changing the work of the UNSC since the early 1990s. Firstly, regarding the type of conflict, there was a shift from the inter-state conflicts to intra-state conflicts, and leading to the problem of failing states. The second trend is the more regional initiatives and cooperation and their role to resolve conflicts within particular regions. And the last one is the arrival of transnational issues such as environmental issues, climate change, and terrorism. In the aspect of the UN Secretary-Generals High-level Panel on Threats, Challenges and Change, there are six categories of the new emerging threats in world affairs: the economics and social threats such as poverty and climate change; inter-state conflict; intra-state conflict such as civil war; nuclear, radiological, chemical and biological weapons; terrorism; and transnational organized crime (The Secretary-Generals High-level Panel on Threats, Challenges and Change, 2004). From all above mentioned changes, it can be conceptualized into one grand trend emerging after the collapse of the Cold War. It is the individual consciousness or so-called, the humanitarian impulse, (Weiss, The Humanitarian Impulse, 2004). In accordance to Weiss (2004, pp. 48-49) and David M. Malone (Security Council, 2007), the dominance of the humanitarian impulse has changed the decision-making p rocess of the UNSC since the end of the Cold War. Also, the range of its operations has to take increasingly the relevance of humanitarian values and individual consciousness into account. To be specific, it appears that human rights are no longer likely to disappear from the Councils radar screen anytime soon (Weschler, 2004, p. 67). To sum up, it is the shift of world politics from state-centric notion to individual consciousness or humanitarian notion. Consequently, the UNSC must change many of its operations accordingly to tackle this main shift which particularly by taking into account the notion of humanitarianism. However, my argument is to answer the question of how its operations has changed by applying the Constructivists ideas which logically can be applied and generalized to those of many changing operations. Therefore, I firstly will ignore the question of what those changing operations look like, when and where the changing occurs. Secondly, I will focus only on the UNSCs operation on the use of force, not all its operations. Lastly, I will use humanitarian intervention, as one of the operation on the use of force, to be my case study because it is emerged directly in response to humanitarian impulse (Weiss, The Humanitarian Impulse, 2004). Theoretical Framework: Constructivism and the Life-Cycle of Norms This section will provide a brief general concept of Constructivism and the Life-Cycle of Norms as a theoretical framework of the essay. Constructivism is the school of thought that has been recently put in place more significantly in describing the international relations since the beginning of the 1980s or almost the end of the Cold War (Jackson Sorensen, 2007, p. 162). Broadly, constructivism is a social theory dealt with the relationship between actors/agents and structures. According to Michael Barnett (2008, p. 162), Constructivism in the context of international relations commonly concerns with how ideas define the international structure; how this structure shapes the identities, interests, and foreign policies of states; and how state and non-state actors reproduce or transform that structure. International structure is seen as a group of thought and ideas, including a set of norms, which has been constituted by the process of intersubjective awareness among actors at speci fic time and place (Jackson Sorensen, 2007). Together with, Constructivism emphasized on the process of understanding things or actions and assigning meaning to them (Ibid.). Besides, Constructivists also mentioned about the concept of social construction of reality which is the operation to produce social facts such as norms. Social facts will be constructed by human agreement and at the same time will provide the legitimization of those facts like some universal norms such as jus in bello (Barnett, Social Constructivism, 2008). Then, these social facts can also constrain and shape the behavior of actors. Noticeably, the main characteristic of Constructivism is a cyclical process. This is similar to Finnemore and Sikkinks (1998) concept of the Life-Cycle of Norm which is a theoretical tool to explain in the later section how the UNSC has changed its operation as argued before. This concept explained how norm as a structure is institutionalised or internationalized before diffusing and constraining actors behaviour which reversely can affect to the status of such norm in terms of reproducing, reforming or even constructing new norm. This cycle consists of three stages; norm emergence, norm cascade and norm internalization. In order to make clearer understanding of this concept in conjunction with the argument, I will give details of each stage in parallel with the case study of humanitarian intervention in the last following section. Case Study: Humanitarian Intervention However, before taking the concept of the Life-Cycle of Norm in hand to explain and analyze how the UNSC has changed its operations by using the case study of humanitarian intervention, the very brief background of the UNSCs operations on the use of force should be described here. In reference to UN Charter, there are only two legally-accepted categories for the use of force as an operation of the UNSC; self-defence and authorization by the UNSC relating to Chapter VII (Roberts, 2004). Nevertheless, after the end of the Cold War, there are two more emerging doctrines of the use of force which importantly differ from the two traditional and legal ones. Both debated doctrines are humanitarian intervention and preemtive measures against emerging threats. These two new doctrines not only were seen as the challenge to principles of state sovereignty and non-intervention in Article 2(4) of the UN Chater (Ibid.) but also unavoidably as pending-to-be new operations of the UNSC. Later on, I w ill apply the concept of the Life-Cycle of Norm in details to explain the process that the UNSC constructs a norm as a precondition in order to legitimize humanitarian interventionas as as its new operation. Now, bringing back the Life-Cycle of Norm concept, the first stage, Norm emergence, is the stage that the norm entrepreneurs try to convince flock of actors to welcome their new norms until reaching the critical or tipping point (Finnemore Sikkink, 1998). Normally, at the first period, there will be a nature of competition between norms including the old and the other new ones. The entrepreneurs can be state, non-state actor, individual or international organizations and they need launching platforms to start promoting their norms which usually are international organizations (Finnemore Sikkink, 1998). At this point, according to Finnemore (Finnemore M. , 1993), she reiterated that international organizations are able to be tools to promote and diseminate emerging norms. Besides, in terms of methods, the entrepreneurs will use many ways such as speeches, conferences, and advertisements to promote the new way of thinking about and understanding issues or new norms. Considering the c ase of humanitarian intervention which has been brought into the focus of world community since the end of the Cold War, we can see the process of norm emergence from the following details. In terms of the constellation of emerging norms, there were many competing meaning and debates about humanitarian intervention in the UNSC and outsides like Joanna Weschler (2004, p. 66) mentioned that the attitude of the UNSC regarding to humanitarian intervention has been spasmodic which is covered with series of progress and decline. For instance, as identified by Ramesh Thakur (2007, p. 388), humanitarian Intervention is the use of military force on the territory of a state without its consent with the goal of protecting innocent victims of large-scale atrocities. On the contrary, humanitarian Intervention has been criticized by the Realists as a legitimization of new interventionist norms of Western states and for serving their benefits from the intervention (Chandler, 2004). Also, some of t raditional security analysts may argue about the intervention, especially in Bosnia and Kosovo, since the end of the Cold War that such actions were aimed to protect the credibility of NATO and its presence in Europe. However, in the eyes of Constructivists, it is the ignorance of the occurance of humanitarian value as a constructed interest of actors like states (Glanville, 2006, p. 163). Moreover, according to the report of the International Commission on Intervention and State Sovereignty (ICISS), invented by Canadian Government, it proposed another competing idea which is called, the responsibility to protect, into the discussion in The UN and the UNSC and now has been accepted by the General Assembly during the 2005 World Summit (Glanville, 2006). Then, in terms of who are norm entreprenours and their strategies, the key entreprenour for promote the issue of humanitarian intervention are international organizations like the UNSC itself and the UN. Alike the ICISS concluded that the most suitable organ to authorize intervention in the case of immense human rights violations is the UNSC (Weschler, 2004, p. 66). However, there are not only the UNSC as an organizations in the construction of norm but also individuals, states, public and media which has been collaboratively promoting humanitarian intervention to be constructed as a new norm. Individually, the role of the UN Secretary-General (UNSG) is a good instance. The first UNSG after the end of the Cold War, Boutros Boutros-Ghali and his work, Agenda for Peace, written in early 1992, are examples supporting a more role of the UNSC and the UNSG in coping with armed conflict and humanitarian crisis (Weschler, 2004, p. 63). Together with, in the General Assembly on September 20, 1999, the next UNSG Kofi Annan urged international community to support the principle that massive and structured violations of human rights should not be allowed to occur and ignited the issue of humanitarian intervention (Weschler, 2004, p. 65). The state-actors which have been always supporting this norm in the UNSC are explicitly the US and the UK. Regarding to the role of public and media, in the early 1990s, it is the climax of their enthusiam for humanitarian issues. They have used a number of their sources, platforms and instruments to provide fruitful debates about not only the international right for humanitarian intervention but also the need to do it (Malone, Conclusion, 2004, p. 627). Briefly, it is clear with these empirical evidence that the norm of humanitarian intervention has emerged by the interactive process between diverse actors, with the leading of the UNSC itself. Continually, the second stage is Norm cascade. This stage there will be norm leaders who promoted their norms until gaining the most support and acceptance from other actors. The leaders will try to make other actors to adopt and imitate those norms through a process of socialization (Finnemore Sikkink, 1998). Also, the leaders or actors who are capable of socializing still can be state, non-state and international organizations. In this stage, the norm leader which is still the UNSC will try to mobilize intersubjective beliefs of the concept of humanitarian intervention among other actors by the process of socialization in order to gain human agreement; then, the idea of humanitarian intervention will be agreed to be a social fact, norm or so-called a structure. On the other hand, international organization, like the UNSC, also serves to legitimize the emerging international norms (Barnett Finnemore, 2007). So, when humanitarian intervention is constructed as a social fact, it also means that it is one of legitimized norms as well. However, at present, the UNSCs construction of humanitarian intervention to be a norm is still in this process because some are still not agree to this idea. For example, in the case of Somalia and Haiti, its legality seems to be supported by most states but in the case of Kosovo 1999, it was criticized by many states (Roberts, 2004, p. 147). Also, it can be seen from debates suc h as about the Iraq War 2003. Likewise, Adam Roberts (Roberts, 2004, p. 146) mentioned radically that all attempts since the early 1990s to legitimize humanitarian intervention have failed. In the third stage which is called, Norm internalization, norms will be automatically adopted by actors and have a quality of taken-for-granted. It is no debate on those institutionalized norms anymore and such norms will be powerful and cannot be ignored (Finnemore Sikkink, 1998). In the last stage, the UNSC will be a key player in the process of trasmitting and diffusing the norm of humanitarian intervention, if it passes the second stage in the future. Last but not least, after the third stage, the constituted norm of humanitarian intervention will legitimize the use of force with reference to humanitarian intervention and can constrain the behavior of actors like states. It is similar to what Thakur (2004) has said that the international organization can be the hub for the interplay between changing norms and constraining states behaviour. Nontheless, actors behavior and their interaction will affect cyclically to the constructed norms and restart the process from the first stag e. Conclusion Since the end of the Cold War, the traditional state-centric theme of world politics has been gradually replaced by humanitarian value and individual consciousness. The UNSC, consequently, has to change its operations to control and manage the challenges coming from that shift in world affairs. In order to make such changes accomplished, the UNSC will have to meet preconditions by inventing, promoting, cascading and internalizing international norms to legitimize those changes in its operation. Like Luke Glanville (2006, p. 162) said about humanitarian intervention that the refusal to acknowledge the role of norms will make scholar cannot explain the increment of the cases relating to humanitarian intervention after the end of the Cold War. More importantly, this process of creating norms, according to Barnett Finnemore (2007), has to incorporate the role of states, non-state actors, individuals and media in order to provide more effectiveness.

Police Shooting/Diallo Case :: essays research papers

In our society today, it is very sad that the African-American community has lost a great trust and respect for the Mayor, the police commissioner and the N.Y.P.D. Amadou Diallo's shooting was very upsetting for the African-American community. The shooting shock many people because an unarmed innocent black male was shot 41 times in front of his home by four officers that assume him to be a rapist. Amadou Diallo was a black man in a primarily black neighborhood who saw four guys in the middle of the night and perhaps he thought these four undercover police were somehow looking for trouble. He probably said," I don't want to be a part of this", and tried to leave the scene. If I were in the same particular situation as Amadou Diallo, I would be just as afraid and try to get out of the scene. No one actually knows what Diallo was thinking about, you can only imagine. People often say that if Amadou Diallo had listen to the cops he wouldn't have been killed. I also hear people say the he cause his own death because of his lack of submission. Personally, I know Amadou Diallo stood innocent before those cops. Diallo was in a situation that he had no clue about. There was an outrage when the verdict "Not Guilty" broke out. Many people were furious, astonished and stunned. When I heard that the case was not guilty I was so shocked because I felt that the evidence was perfectly clear that the four New York police officers was GUILTY. It was not fair to my community or me to see such a case misjudge like that. African-American communities has changed their hearts toward Police Dautruche Officers. Police Officers are the ones who we are suppose to trust and entrust with our lives. Obviously, in our world today, that is not the case. I have never had a dispute with an officer, though I have seen my friends go through events with police officers. For instance, I was in an elevator with my friend and when we got to the last floor, a police officer was right in front of the elevator. So when my (guy) friend and me came out, the P.O. Pointed his gun toward my friend's chest and ask him some questions. The P. O did not approach me or even acknowledge me.

Book Report on Farewell to Manzanar Essay

In the early year of 1942, the families of Japanese people are being ordered to start a move to Manzanar, California; the Wakatsuki family is one of them. Many Japanese accept the move because they are afraid of Caucasian aggression, but some simply see it as an adventure. Families have to put on identification number tags on their collars. Riding on buses to Manzanar, Jeanne falls asleep on the bus, nearly half of which is filled with her relatives, and wakes up to the â€Å"setting sun and the yellow, billowing dust of Owens Valley. (pg 19) As they enter the camp, the new arrivals stare silently at the families already waiting in the wind and sand. Upon arriving, just in time for dinner, â€Å"the mess halls weren’t completed yet† (pg 19) seeing a line formed around the soon to be finished building blocking a good part of the wind. Only seeing tents and barracks, half built buildings that were unending. There were cracks in the floors, only one light bulb per room, gaps in the walls, an oil stove for heat, and not very much space at all. â€Å"We were assigned two of these for the twelve people in our family group. † (pg. 1) With all the confined spacing for the families, you can tell there was a lot of tension between everyone. The food they had made for us to eat was not in our culture at all. â€Å"The Caucasian servers were thinking that the fruit poured over rice would make a good desert. Among the Japanese, of course, rice is never eaten with sweet foods, only with salty or savory foods. † (pg. 20) On top of the food being served wrong, their latrines were not very useable. â€Å"The smell of it spoiled what little appetite we had. † (pg. 31) â€Å"My mother was a very modest person, and this was going to be agony for her, sitting down in public, among strangers.   (pg. 32). What some of the other women did was drag in a big cardboard carton and put up as walls so no one could see. The reservoir shack was just outside of camp. â€Å"My brother-in-law Kaz was foreman of a reservoir maintenance detail, the only crew permitted to work or to leave the camp limits the night of the riot. † (pg. 78) The guys that were on this detail slept on cots in a shack. When they turned off the lights in the shack at night and everyone was laying down it was so dark that you couldn’t see anyone or anything in the shack.

Rene Descartes Concept Of Dualism And Then Defend My...

In this paper, I will examine the principal merits and challenges of Renà © Descartes’ concept of dualism and then defend my preferred alternative among the options Paul M. Churchland discusses. After briefly defining Cartesian Dualism, I will show that its principal merits are that it is consistent with common sense and that it is able to explain phenomena that appear mental in nature. Next, I will show that its principal challenges are its failure to adequately explain how the mind and the body can causally interact, and its failure to respond to the observation that brain damage impairs the mind. Finally, I will explain why Functionalism is the best alternative to Cartesian Dualism. In essence, Cartesian Dualism attempts to solve the mind-body problem – that is, what is the relationship between the mind and the body? The answer, according to this theory, is that the mind and the body are two distinctly different substances that constitute each person. Here, â€Å"mind† can be described as a nonphysical thing that thinks and â€Å"body† as a living physical thing that does not think. The mind can also exist independently of the body, and both can causally affect one another. One of Cartesian Dualism’s principal merits is its alignment with common sense. Specifically, it supports our basic intuition that there is more to us than our physical bodies. This intuition is apparent in how we talk. When we say â€Å"I feel sad† or â€Å"I want to go on vaction†, we are not referring to the states of

The Flag Resolution Act Of The United States - 1623 Words

On June 14, 1787, The Second Continental Congress passed the Flag Resolution Act that states: That the flag of the thirteen United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new constellation.†(Cite) Flag Day is observed on every June 14 for the sacred symbol of the United States of America of what is the Flag. As each star increased on the flag, turmoil on how the flag should or should not be treated also grew. Many americans, including myself, see it a national symbols that need no discretion what so ever. This including punishment under the law and from public policies. Some protesters, mainly libertarians saw the symbol as the face of the government†¦show more content†¦In any event, three-fourths of the state legislatures must ratify the amendment for it to become a permanent part of the Constitution. Supporters of the amendment believed to have honored for the fallen men and women who sacrifice for this country. Especially for those who commit the ultimate sacrifice. Opposition for the proposed amendment included that the government would infringe on their given rights by the government in the preamble and the 1st amendment. With the support of the judicial review of the case Texas vs Johnson (1989) and other Supreme Court cases, the opposition makes a strong constitutional case against the rest of the branches of government. The Opposition of the amendment would believe that the government would suppress the rights of of the rest of the country, for a small minority, the supporters of the amendment. A 1931 Supreme Court case, Stromberg v. California, set the first precedent for the use of a flag in an act of symbolic speech under the First Amendment, when the Court struck down a California law that banned the flying of a red flag to protest against the government. More than five decades later, Congress passed Flag Protection Act in 1968. The Act was response to the Vietnam protests of the unfavorable Vietnam war. Protesters started the tradition of desecrating the flag, including burning the flag. For more than 20 years, the lower court upheld the act and the Supreme Court deniedShow MoreRelatedThe National Standards Of The World834 Words   |  4 Pagesa red, white and blue flag. A flag with thirteen horizontal stripes, equal in width, and fifty white five-pointed stars in a blue rectangle in the upper-left corner. A flag that symbolizes the unity and strength of the country. As the flag is flown all over the nation it proudly holds the name of the American Flag. As many people see the flag some may begin to wonder why the American Flag is red, white, and blue and what the meaning of the flag is. 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