This belief best illustrates a <u>"social-cultural"</u> perspective.
In psychology the social cultural perspective proposes that human conduct is impacted by social setting, natural prompts, social weights and social impacts including religion or family background. Any individual who has gone to a basketball game will perceive that human conduct is vulnerable to impact of the group attitude.
Based on this excerpt, there are several different arguments to be made against mandatory minimum sentencing laws. These include:
1) Limits the judges ability to take into account unique circumstances- As it discusses in the excerpt, mandatory minimums leave the judges powerless in the sense that they cannot give a shorter sentence than the federally prescribed amount of years. Even if a judge wants to have a shorter sentence for a first time or second time offender of a non violent crime, he/she does not have the legal ability to do so.
2) Money- Mandatory minimums ensure that individuals are kept in the prison system for a significant amount of time. Considering that prisons are funded by tax payer money, this shows that this type of mandatory minimum policy we have right now will result in a lot of taxpayer money going towards jails rather than other areas of society.
Soldiers returning from France told of the American revolution and how their ways of life were. French citizens were oppressed by the government and left hungry in the streets. Tales of America fighting for the independence and forming a government based on freedom inspired the French lower class, which made up 95% of the population, to revolt against the government and cause their own revolution.
Basically, they saw how Americans lived and wanted that for themselves.
Based on the political manifestation, the founders of the United States included the "necessary and proper" clause to give Congress the authority or power to legislate for "carrying into execution" the powers of another branch of government.
Another obvious reason that is considered as to why the founders of the United States include the "necessary and proper" is to regard and strengthen the principle of separation of powers.
The necessary and proper clause can be found in Article I, Section 8, Clause 18 of the United States Constitution.
This clause gives the U.S Congress implied powers to carry out other governmental functions other than those specified by the expressed power.
Hence, in this case, it is concluded that the necessary and proper clause gives Congress more powers in the United States.
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