Defense and the Constitution
From its origin, the United States has distinguished themselves from other nations. That is because of the founding fathers of this country wanted to form a more perfect Union. They accomplished this foal by writing one of the most beautiful documents in mankind’s history, the Constitution of the United States. One of the things that founding fathers wanted to do to establish a more perfect union was to “provide for the common defense” of the citizens of this country. However, states were very concerned that their power and sovereignty would be could because the national government would attempt to do so. They perceived that the balance of power between the states and the national government was unfair. This perception had proven to be an obstacle to the ratification of the Constitution. Those who favored the adoption of the Constitution had come up with a remedy. This remedy was the Tenth Amendment which states: “The powers not delegated to the United Stated by the Constitution, nor provided by the States, are reserved to the States respectfully, or to the people.” We are dealing with a situation that involves the Department of Defense plans to experiment on Chimpanzees.
Lastly, President Bush has a strong argument because Article IV, section 4, gives the federal government authority to protect states against invasions and domestic violence. On September 11, 2001the United States was invaded. The President is using his powers to protect American troops and the citizens of this country in case we are exposed to a nuclear, biological, or chemical attack. By doing so eh is doing what the founding father intended to do and that is to “secure the blessings of ourselves and our posterity The Department of Defense hope to learn from this experiment how fighter pilots will react in when exposed to lethal doses of radiation. They plan to begin this experiment next year at Maxwell’s Airforce Base in Montgomery, Al. The experiment was approved by the President and will cost taxpayers $240 million. Sue Goodall, President of Friends of Animals has filed suit against the Department of Defense experiments. The basis for a legal challenge is the Alabama Primate Experiment Act. One of the key provisions of this act is “no experiment using non-human primates may be conducted in the state of Alabama without a permit issued by the state Director of Agriculture.” (see 121) This act also says that it is unlawful to transport non-human primates into Alabama for experimentation purposes. It was discovered that fifty chimpanzees were shipped from Virginia, and arrived at Maxwell on December 5. Those who are represent Sue Goodall’s organization are arguing that the Department of Defense has violated the Alabama law because the Secretary of Defense did not apply for a permit to the Alabama Department of Agricultures and does not intend to do so. Thus, this raises the question can the government conduct an experiment in the state of Alabama that is against Alabama’s law? The Department of Defense is arguing that Alabama Humane Experimentation Act cannot lawfully be applied against its proposed experiment. Let us examine these issues and see how the court may resolve them.
Some topics in this essay:
Experimentation Act,
Constitution United,
Iraq Iraq,
Armed Forces,
Secretary Defense,
Article IV,
GW Bush,
Department Defense,
Article Section,
Authorization Act,
federal government,
national government,
department defense,
article ii,
armed forces,
lethal doses radiation,
non-human primates,
experimentation act,
secretary defense,
strong argument,
health safety,
fighter pilots react,
american military power,
power support abroad,
air superiority fighter,
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Approximate Word count = 2056
Approximate Pages = 8 (250 words per page double spaced)
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