Standards for Ethical Conduct. If the United States wants to remain a world leader in this global society, what ethical standards must we set for our political representatives? Legislative Authority: What requirements of a branch system of checks & balances must be upheld? .
If the United States wants to remain a world leader in this global society, what ethical standards must we set for our political representatives?
1) 3-5 yr absolute bar from representing clients- conflict of interest prohibitions,
2) age limits of 70 for appointees,
3) FBI investigation,
4)chairman designated with senate approval,
5) Senate independent investigation of nominees, and
6) access to investigative reports
1) detailed financial reports which are made available to public;
2) lifetime prohibition against participating in matters in which personally involved;
3) 2 year prohibition on any matter within his official responsibility; and
4) 1 year prohibition on all business appearances before agency
Penalty for violation is criminal and disqualification sanctions
1) Commission was nonpartisan and intended to be impartial;
2) Duties are quasi judicial and legislative in nature.
(1) Sect. 8 of art 1…commits exclusively to the Congress the power to raise and support armies.
(2) There is no constitutional right to serve in the armed forces….
(4) The primary purpose of the armed forces is to prepare for and to prevail in combat should the need arise….
(13) The prohibition against homosexual conduct is a longstanding element of military law that continues to be necessary in the unique circumstances of military service.
(1)That the member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act, unless there are further findings:
(B) such conduct…is unlikely to recur;
(C) ..was not accomplished by use of force, coercion & intimidation;
(D) …members continued presence is consistent with the interests of the armed forces;
(E) …member does not have a propensity or intent to engage in, …homosexual acts.
(2) That the member has stated that he or she is a homosexual or bisexual….
(3) …person has married or attempted to marry a person… of the same biological sex.
H. “Homosexuality is incompatible with military service…seriously impairs the accomplishmnet of the military mission…affects the ability …to maintain discipline, good order, and morale: to foster trust and confidence among servicemembers;… to ensure the integrity of the system of rank and command…to facilitate deployment of servicemembers who frequently must live and work under close conditions affording minimal privacy;…to maintain the public acceptability of military service;…”
(3)the term “homosexual act” means—
(A) any bodily contact, actively undertaken or passively permitted between members of the same sex for the purpose of satisfying sexual desires; and
(B) any bodily contact which a reasonable person, would understand to demonstrate a propensity or intent to engage in an act…in subparagraph (A).
(Roberts wrote majority opinion)
SOLUTION: AMELIORATION MEASURES
Acts occurring within the territorial United State:
1) that endanger human life;
2) that are in violation of the criminal laws; and
3) that appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by mass destruction, assassination or kidnapping. (USA Patriot Act, Section 802).
Approach in evaluating a case study or problem: