Moral Sainthood Essay Example for Free

Moral Sainthood Essay The concept of moral sainthood quickly becomes a negative one, simply because no one can be perfect. When we hold high expectations for people, they will inevitably fail to meet these criteria for perfection. When this occurs, individuals who hold high expectations of their moral saint will experience a huge let down. Also, a mere onlooker may get the wrong idea, and value the immoral decisions that this person made, or at least view their mistake as acceptable behavior. One of the main arguments against moral sainthood is that there is a limit to how much morality we, as humans, can take. A true moral saint would carry through with their virtues to an excess. You would not be able to make a negative assessment to an immoral person, or a positive one to moral one. A true moral saint can not gain any skills, or glean any joy from non-moral events, like winning a football game, or finishing a painting. The normal persons direct and specific desires for objects, activites, and events that conflict with the attainment of moral perfection are not simply sacrificed but removed, suppressed, or subsumed (Wolf 350). These would be pointless attempts at folly. Moral perfection is not only impossible, its not desirable socially. The qualities that a true moral saint would possess, if saints did exist, are qualities that are unattractive to society. A true moral saint cannot go through the normal social experiences we go through, like developing a sense of humor, or getting into an intimate relationship. A moral saint would not conform to any of the molds society creates. Given many of these molds may be inappropriate or immoral, there are some you can not overlook as necessary. Your overall characteristics as a person would suffer as well, seeing how the well-rounded qualities we all need would not be present. These moral saints can often cause tension among average citizens because of the uncomfortable feeling they may bring to the table. These people of perfection highlight the natural flaws we, as humans, all have. A small mistake soon becomes a huge ordeal, and these higher beings are eventually making us feel inferior, instead of people we should be looking up to, and aspiring to be. Humans are not willing to condemn themselves, so this process of being frowned upon is, well, frowned upon. When people develop into role models, they attain the admiration of others. Although media portrayal may transform these everyday people into super heros, they are not. When we value other peoples morals and opinions instead of considering our own, we are being shallow. Although some may say we base our role models on our own morals, we have a certain expectation for role models that, as humans, they can not always fulfill. These people many hold as role models, are individuals we do not even know personally. Athletes and movie stars are people that we do not know on a personal level, so we dont even know if their behaviors are worth valuing. These heroes are being judged based on how the media portrays them. When we judge a person based on their media presence, we choose to view them only in the light, not the dark. As humans, we are often afflicted with an obsession of power. This obsession with power causes us to create heroes out of everyday people with ordinary characteristics. When we put them on a pedastol and look up to them, this undue admiration is given out far too easily. These leaders we establish will eventually conform to the group theyre in charge of and act the way they think people want them to act. Expectations then soon lead to pressure, and this will cause the person to act differently. What people fail to realize is that there are ordinary individuals who are doing better things, achieving higher standards, and living their life more ethically and morally than those we call super heroes. People such as movie stars, sports stars, and the rich and famous person will, in our society, be more of a hero than the ordinary person, until they make a mistake. The process of becoming a moral saint simply does not work within our society. Social norms do not lend themselves easily to one seeking unattainable qualities of moral sainthood.

The History Of The Bionic Eye

The History Of The Bionic Eye Here, we present a description of a block scheme, specific features of design and results of testing for a prototype of a bionic eye, types of them and its applications. The bionic eye is intended to provide vision, partially to the visually impaired by use of the modern day electronics devices like CCD cameras. The comprises a computer chip that sits in the back of the individuals eye, linked up to a mini video camera built into glasses that they wear. Images captured by the camera are beamed to the chip, which translates them into impulses that the brain can interpret. Although the images produced by the artificial eye were far from perfect, they could be clear enough to allow someone who is otherwise blind to recognize faces. The paper discusses the differences working methodologies used in each of them. During the tests and the clinical trails, this device made six blind people to regain their vision partially. The potential advantage of using bionic eye is to be able to remove t he blindness completely by making the advances in the present research and improving manufacturing technologies. This break through is likely to benefit approximately one crore world population who suffer from the most common causes of blindness, Retinitis Pigmentosa, Macular Degeneration. The implant bypasses the diseased cells in the retina and stimulates the remaining viable cells. This is a revolutionary piece of technology and really has the potential to change peoples lives. But we need to be aware it is still some way in the future. INTRODUCTION A Bionic Eye is a device, which acts as an artificial eye. It is a broad term for the entire electronics system consisting of the image sensors, processors, radio transmitters receivers, and the retinal chip. Based on the institute developed these devices are developed but with minor to major differences, of these the devices with functional capability and those which are clinically tested and results proved are discussed here. Here the designers objective is to go for a system that is technically perfect with no loop holes and that is harmless to the human body which receives the system and that is commercially viable both in terms of ease of manufacture, cost and the process of implanting. Blindness means loss of vision. Rods and Cones, millions of them are in the back of every healthy human eye. They are biological solar cells in the retina that convert light to electrical impulses impulses that travel along the optic nerve to the brain where images are formed. Without them, eyes lose the capacity to see, and are declared blind. Degenerative retinal diseases result in death of photoreceptorsrod-shaped cells at the retinas periphery responsible for night vision and cone-shaped cells at its center responsible for color vision. Worldwide, 1.5 million people suffer from retinitis pigmentosa (RP), the leading cause of inherited blindness. In the Western world, agerelated macular degeneration (AMD) is the major cause of vision loss in people over age 65, and the issue is becoming more critical as the population ages. Each year, 700,000 people are diagnosed with AMD, with 10 percent becoming legally blind, defined by 20/400 vision. Many AMD patients retain some degree of peripheral vision. Currently, there is no effective treatment for most patients with AMD and RP, the researchers say . However, if one could bypass the photoreceptors and directly stimulate the inner retina with visual signals, one might be able to restore some degree of sight. Need for the BIONIC EYE: It has been shown that electric stimulation of retinal neurons can produce perception of light in patients suffering from retinal degeneration. Using this property the eye and make uses of the functional cells to retain the vision with the help of electronic devices that assist this cells in performing the task of vision, we can make these lakhs of people get back their vision at least artially. A design of an optoelectronic retinal prosthesis system that can stimulate the retina with resolution corresponding to a visual acuity of 20/80-sharp enough to orient yourself toward objects, recognize faces, read large fonts, watch TV and, perhaps most important, lead an independent life. The researchers hope their device may someday bring artificial vision to those blind due to retinal degeneration. BIONIC EYE DEFINED: Bionic Eye, Bio Electronic eye, is a device that can provide sight the detection of light. It replaces the functionality of a part or whole of eye. it is used to replace functionality as well as add functionality. It is a complex combination of multiple devices which work together for restoration of the vision of the subject. The Diseases that cause blindness:  Ã‚ ® Retinitis Pigmentosa  Ã‚ ® Macular Degeneration Of these, retinitis pigmentosa is a disease, which is a hereditary genetic disease in which peripheral rods degenerate gradually progresses towards center of eye and results in tunnel vision. As for macular degeneration, it is also genetically related , it degenerates cones in macula region, causing damage to central vision but spares peripheral retina. MIT- HARVARD DEVICE: This device follows an Epi-Retinal Approach. In this Microelectrode array replaces damaged photoreceptors, which act in the place of rods and cones to send the signals to optic nerve. The power source Laser(820nm wavelength). For image acquisition it uses a CCD Camera. Patient spectacle holds the camera and power source. It consists of two systems, system-1 which senses and transmits image and power and other system which stimulates the cells, there by making brain visualize the image. System 1:  Ã‚ ® CCD camera input External light intensity  Ã‚ ® CCD output amplitude-modulates laser source  Ã‚ ® This hits photodiode array of implant  Ã‚ ® This in turn powers stimulator chip (SC) System 2:  Ã‚ ® SC drives current to electrodes facing retina  Ã‚ ® This excites the ganglionic cells > axons > optic nerve > visual cortex in occipital lobe of brain  Ã‚ ® Brain helps in perceiving an image Advantages:  Ã‚ ® Very Early in the visual pathway  Ã‚ ® No Batteries implanted within body  Ã‚ ® No complicated surgical procedure  Ã‚ ® Power Requirement  ¼ of milliwatt Disadvantages  Ã‚ ® Axons b/w electrodes and ganglionic cells  Ã‚ ® Other axons get excited unwanted perception of large blur  Ã‚ ® Extra circuitry required for downstream electrical input Artificial Retina Prosthesis using ASR (Artificial Silicon Retina) ASR is a solid state biocompatible chip which contains an array of photo receptors, and is implanted to replace the functionality of the defective photoreceptors .Current generated by the device in response to light stimulation will alter the membrane potential of the overlying neurons and thereby activate Visual ensationsthoerv iPsuhaolsspyhsetenmes. can be evoked by electrical stimulation of the different levels of the visual pathway. Phosphenes are evoked by the stimulation of the eyeball or the visual cortex. Artificial vision created by the controlled electric stimulation of the retina has color.  Ã‚ ® Epiretinal Approach involves a semiconductor based device positioned on the surface of the retina to try to simulate the remaining overlying cells  Ã‚ ® Sfutbhreerteintianla A pproach involves implanting the ASR chip behind the retina to simulate the remaining viable cells. IMPLANT DESIGN: Primitive devices Single photosensitive pixel(3mm in diameter) Neo devices The current micro photodiode array (MPA) is comprised of a regular array of individual hotodiode subunits, each approximately 20ÃÆ'-20-ÃŽÂ ¼m square and separated by 10-ÃŽÂ ¼m channel stops (37). The resulting micro photodiode density is approximately 1,100/m2. IMPLANT features The size of implant is 50um. And it needs no external power supply. The response 500nm to 1100nm wavelength response. Working: For the technique to work, the patient must still have some functioning ganglion cells nerve cells that transmit visual information from the retinal cells to the optic nerve as well as a fully-functioning optic nerve. A tiny electronic pad is placed onto the retina of one eye, so that the electrodes are in direct contact with the ganglion cells. Each of the devices 100 electrodes can stimulate 20 to 30 cells. Real-time vision: The user wears a pair of glasses that contain a miniature camera and that wirelessly transmits video to a cellphone-sized computer in the wearers pocket. This computer processes the image information and wirelessly transmits it to a tiny electronic receiver implanted in the wearers head. When received in the implanted chip, the digital information is transformed into electrical impulses sent into the ganglion cells. From there, the brain takes over as the information travels down the optic nerve to the visual cortex at the back of the brain. The whole process occurs extremely rapidly, so that patients see in real-time. This is important any noticeable lag could stimulate the vestibular-ocular reflex, making people feel dizzy and sick. Currently recipients of the device experience a relatively narrow view, but more electrodes should provide a greater field of vision. By stimulating more ganglion cells, he hopes that visual acuity will increase dramatically. His teams next goal is to design a device with 1000 electrodes. MANUFACTURING PROCESS: Implants are comprised of a doped and ion-implanted silicon substrate disk to produce a PiN (positive-intrinsic-negative) junction. Fabrication begins with a 7.6-cm diameter semiconductor grade N-type silicon wafer. For the MPA device, a photomask is used to ion-implant shallow P+ doped wells into the front surface of the wafer, separated by channel stops in a pattern of individual micro photodiodes. An intrinsic layer automatically forms at the boundary between the P+-doped wells and the N-type substrate of the wafer. The back of the wafer is then ion-implanted to produce a N+ surface. Thereafter, an insulating layer of silicon nitrate is deposited on the front of the wafer, covering the entire surface except for the well openings. A thin adhesion layer, of chromium or titanium, is then deposited over the P+ and N+ layers. A transparent electrode layer of gold, iridium/iridium oxide, or platinum, is deposited on the front well side, and on the background side. In its simplest form, the photodiode and electrode layers are the same size. However, increasing the photodiode collector to electrode area ratio can increase the current density available at each individual micro photodiode subunit. Post Implant function and Inference.  Ã‚ ®Measurement procedure  Ã‚ ® IR stimulation at 940nm on the ASR chip  Ã‚ ® Recorded at the corneal surface using contact lens electrode  Ã‚ ® Comparison of responses of gold, platinum and iridium electrodes  Ã‚ ® Iridium based device has a longer persistence  Ã‚ ® Stability of these electrodes BIO-COMPATIBILTY RESULTS: There is no progressive change in retinal appearance that may be associated with retinal toxicity. But there is loss of photoreceptive layer over the region of implant, which is expected due to deprival of oxygen and nutrients to those cells underlying the chip. Multiple Unit Artificial Retina Chipset (MARC): The other revolutionary bio electronic eye is the MARC , this uses a ccd camera input and a laser beam or rf to transmit the image into the chip present in the retina using this a resolution of 100 pixels is achieved by using a 1010 array. It consists of a platinum or rubber silicon electrode array placed inside the eye to stimulate the cells. THE MARC SYSTEM BLOCK: Outside Eye: The video input to the marc system block is given through a CCD camera. This image is further processed using a PDA sized image processor to transmit it , we do pulse width modulation in first stage and then ASK modulation is done. This signal is further amplified using a class E power amplifier and transmitted using RF telemetry coils. Inside Eye: The signal received from the RF telemetry coils is power recovered and then these signal is ASK demodulated and the data and clock is recovered from this signals and these signal are sent to the configuration and control block of the chip which from its input decode what information has to be sent to each of the electrodes and sends them this data. And the electrodes in turn stimulate the cells in the eye so as to send this stimulation to the brain through optic nerve and help brain in visualizing the image and while this process is going on the status of each electrode is sent to the marc diagnostics chip outside the eye Block Diagram Of Image Acquisition System: The image acquisition system consists of a CMOS digital camera which acquires images and sends it to the Analog to Digital Converter. It converts this analog input to digital data. This data is first sent into a video buffer where it is processed, the images are color mapped and this processed images are sent through RS232 interface. this serial data is then sent to the electrodes or testing monitor through a RF circuit or laser beam. Marc Hermetic Sealing And Positioning: The RF coils either intra ocular or extra ocular coil arrangement as shown in figure. This rf probes receives the transmitted RF energy and give it to the MARC chip. The AC wires from this coil is sent to the MARC chip. This chip is hermetically sealed in silicone gel and the other sides of the chips have the electrodes, which stimulate the cells in eye. Advantage of the Marc system: à ¢Ã¢â€š ¬Ã‚ ¢ Compact Size 66 mm à ¢Ã¢â€š ¬Ã‚ ¢ Diagnostic Capability à ¢Ã¢â€š ¬Ã‚ ¢ Reduction of stress upon retina Conclusion: Researchers throughout the world have looked for ways to improve peoples lives with artificial, bionic devices. Its been 40 years since Arne Larsson received the first fully implanted cardiac pacemaker. Researchers throughout the world have looked for ways to improve peoples lives with artificial, bionic devices. Bionic devices are being developed to do more than replace defective parts. Researchers are also using them to fight illnesses. Providing power to run bionic implants and making connections to the brains control system pose the two great challenges for biomedical engineering. But what ever be the pro and cons of this system. If this system is fully developed it will change the lives of millions of people around the world. We may not restore the vision fully, but we can help them to least be able to find their way, recognize faces, read books, above all lead an independent life.

Catalysts of the Industrial Revolution Essay -- essays research papers

The Industrial Revolution was the major advancement of technology in the late 18th and early 19th century that began in Britain and spread to America.The national and federal government helped the United States grow into a self reliant nation with improvements in transportation, technology, manufacturing and the growth of the population. American had an economy based on manual labour which was replaced by one dominated by industry and the manufacture of machinery. It began with the expansion of the textile industries and the development of iron-making techniques, and trade expansion was enabled by the introduction of canals, improved roads and railways. Of one of the first to kick off, was the textile industry. Which helped Americna manufactoring. Hundreds of young women from farms were sent to mill towns to work in textile factories. In Document C, Farm familys strive to get their daughters into mills to help support the family and the farm. As manufactoring grew, transportation was key in connecting cities for trade. The rapid growth and development of the United States would ...

The Byronic Hero Essay -- essays research papers

A hero proves his heroism when faced with opposition. He is shrewd, tough, clear-sighted, experienced, and able to handle adversity in a well equipped manner. However, unlike most heroes, the Byronic hero does not receive satisfaction simply from possessing these traits. The Byronic hero sees himself as an individual who practices non conformity. He is a hero of consciousness more than a hero of action. These qualities of the Byronic hero are demonstrated in Lord Byron’s description of Napoleon. Byron begins his description in Stanza 36. He points out that Napoleon is â€Å"Extreme in all things!† I believe that this trait means that the Byronic hero is neither to the left nor the right, but eternally caught in the middle of both worlds. Stanza 38 goes on to say, â€Å"Oh, more or less than man-in high or low, Battling with nations, flying from the field; Now making monarchs’ necks thy footstool, now More than they meanest soldier taught to yield; An empire thou couldest crush, command, rebuild, But govern not thy pettiest passion, nor, However deeply in men’s spirits skill’d, Look through thine own, nor curb the lust of war, Nor learn that tempted Fate will leave the loftiest star.† I believe that Lord Byron is saying that Napoleon can crush any nation, only to rebuild it again, and he can win any war, and have control over thousands of men. It is the war within himself that he has no control over, that he is not able to crush. Lines 339-342 are referring to the ... The Byronic Hero Essay -- essays research papers A hero proves his heroism when faced with opposition. He is shrewd, tough, clear-sighted, experienced, and able to handle adversity in a well equipped manner. However, unlike most heroes, the Byronic hero does not receive satisfaction simply from possessing these traits. The Byronic hero sees himself as an individual who practices non conformity. He is a hero of consciousness more than a hero of action. These qualities of the Byronic hero are demonstrated in Lord Byron’s description of Napoleon. Byron begins his description in Stanza 36. He points out that Napoleon is â€Å"Extreme in all things!† I believe that this trait means that the Byronic hero is neither to the left nor the right, but eternally caught in the middle of both worlds. Stanza 38 goes on to say, â€Å"Oh, more or less than man-in high or low, Battling with nations, flying from the field; Now making monarchs’ necks thy footstool, now More than they meanest soldier taught to yield; An empire thou couldest crush, command, rebuild, But govern not thy pettiest passion, nor, However deeply in men’s spirits skill’d, Look through thine own, nor curb the lust of war, Nor learn that tempted Fate will leave the loftiest star.† I believe that Lord Byron is saying that Napoleon can crush any nation, only to rebuild it again, and he can win any war, and have control over thousands of men. It is the war within himself that he has no control over, that he is not able to crush. Lines 339-342 are referring to the ...

Frankensteins Innocence Essay -- essays research papers

The Defense of Frankenstein’s Creature   Ã‚  Ã‚  Ã‚  Ã‚  Victor Frankenstein, a character in Mary Shelley’s Frankenstein, decided that he wanted to bring life into this world; a life that would eventually go on to killing the creator himself. The Creature can be seen as either innocent or guilty. The popular opinion of the Creature seems to be that he is guilty considering how he has burned down a house, set up Justine for murder and murdered three others. However, after taking a close look at the text, it can be seen that Frankenstein’s creature is not guilty. He was brought into this world with a child-like innocence, never progressed past the emotional state of a child and was rejected throughout his whole life causing him to do the things he did.   Ã‚  Ã‚  Ã‚  Ã‚  Although the Creature later went on to commit crimes, he was not instinctively bad. Victor’s Creature was brought into this world with a child-like innocence. He was abandoned at birth and left to learn about life on his own. After first seeing his creation, Victor â€Å"escaped and rushed downstairs.† (Frankenstein, 59) A Creator has the duty to teach his Creature about life, as well as to love and nurture him. However, Victor did not do any of these; he did not take responsibility for his creature. One of the first things that the creature speaks of is that he was a â€Å"poor, helpless, miserable wretch; I knew, and could distinguish, nothing; but feeling pain invade me on all sides, (he) sat ...

Bilingual Person Essay

Decades ago, being bilingual was an aspect of an individual that made them stand out from the others and be different. What if I tell you that in this modern society, being bilingual is just being one of the many thousands? A bilingual person is one who has the knowledge or intelligence of knowing two or more languages. However, there are different levels and stages of bilingualism. There is individual bilingualism which is when a person knows his/her mother tongue and another language that is used in society, as well as elective bilingualism which is a person who chooses to learn a new language. There also is circumstantial bilingualism which describes a person that learns another language in order to survive, and many others. Even though, bilingualism has a variety of degrees and aspects; it simply describes those persons who can speak two or more languages. In today’s society, bilingualism is being misunderstood since people think that a person who is bilingual is a rare phenomenon. In fact, studies have shown that more than half of the world’s population is currently bilingual. For example, I am currently living in Venezuela (Spanish speaking country) from which I am now blogging in English. Nevertheless, this doesn’t mean that being bilingual isn’t a quality that people have acquired, in my point of view, I call it a gift. An interesting fact of bilingualism is that it is currently found in all parts of the world and it isn’t stereotypical of any culture or society. In fact, bilingualism can be found at all levels of ethnic groups or society and in all age groups. Being a bilingual myself, I can speak from personal experience that becoming bilingual isn’t the hardest barrier that one will have to cross through life. It is indeed a smooth ride to another culture and dialect that will be helpful whenever it isn’t expected. Bilingualism doesn’t make you stand out. However, you feel excited and confident just like a little boy with a new toy to be able to communicate with several people from different parts of the world. It makes you feel intelligent and important. I believe that those people who are bilingual are more confident and secure of themselves when they have to travel to an unknown place. This is because those who are bilingual have the ability to defend themselves in different languages which one could speak in that unknown place. For those people who are bilingual and feel alienated because of their insufficient language ability, you must re-establish that thought and raise your confidence. I have had the opportunity to travel to many different places in the world. This has allowed me to utilize my quality to the world and thus aiding myself in various scenarios. I have used my English skills to communicate in France, England, China my Spanish in Angola, United States and even in Italy. The point is that in today’s society bilinguals are being misinterpreted due to their lack of confidence. That quality of being bilingual is being lost throughout the years due to people’s negative characteristics and personalities such as discrimination. There is a phenomenon known as code-switching which bilinguals tend to suffer from. I find very interesting how some bilinguals are often code-switching from one language to another. Code-switching is a verbal skill that requires an extensive degree of linguistic competence in more than one language, rather than a defect arising from insufficient knowledge of one or the other. Even though code-switching goes beyond that imperfection of linguistic competence and inadequate knowledge, it is commonly used in that sense. I have been several times in those situations that I have had to use another language in order to express myself. As stated before, this is caused because of the insufficient knowledge of one language. I clearly remember this instance I code-switched in France. I was at a restaurant, and I wanted to ask the waitress what was the meaning of a word in the menu but my English just didn’t come out. I remember I started speaking in Spanish then I switched to Portuguese until I finally spoke in English and found out what I needed to know about the menu. It was a very embarrassing moment that I will always remember. However, I did feel embarrassed but, luckily I am a bilingual and I was able to go through this experience. You consider yourself one of the other millions or billions? Don’t, you must be proud of what you know and of what you have improved throughout the years. Yes, you are a well-rounded bilingual! If you feel indifferent or just one more in the world, imagine what those people who aren’t bilingual think of their selves. Are they chipmunks? Are they cannibals? No, they are normal people that unfortunately don’t have the extraordinary quality that you have which is being bilingual. In other words bilingualism is a gift, a personal enrichment and a passport to other cultures. One never regrets knowing several languages but one can certainly regret not knowing enough. That is why if you have struggled or worked your way in order to learn a new language, be proud of yourself and embrace the world with your quality.

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.