I Cannot Live Without My Life, I Cannot Life Without My Soul: Law Edition

I Cannot Live Without My Life, I Cannot Life Without My Soul: Law Edition

The Founding Fathers could foresee a clash between state and federal government, but they did not anticipate a technological revolution; Would it be fair to say that the Constitution is lacking in modernization, or should society format itself according to the Law of the Land?
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The Constitution is the most important piece of legislation for the United States (maybe coming second only to the Declaration of Independence). Over the years, it has come to have a total of 27 Amendments that each citizen abides by. While some of these Amendments seem frivolous such as Amendment 18, there’s a reason that each Amendment is in a piece of legislation called the “Law of the Land.” However, as years continue to pass and innovations continue to develop, there is a question that is at the forefront of law interpretation: is the Constitution “outdated?”

Now, absolutely, the Constitution is not something to challenge without a strong sense of confidence and ability to make the case. But, that doesn’t mean it isn’t something to at least consider, especially in the midst of a technological revolution. Each day, there is something new in the works that no one has heard of; it has become clear that there is no finite point of “inventing everything that will ever be invented.” There are a lot of topics not discussed in the Constitution which can be seen two ways: strict and loose, which intertwine with both modernist and originalist theory. With strict interpretation from a federal standpoint, one can look at a document and say “the issue at hand is not discussed here; therefore, the decision should be left to the states or individuals to decide for themselves.” In a loose sense, any issue can be seen in such a light that it may not be discussed or formally laid out, so there is nothing that says a federal government can’t establish laws for it. In other words, originalist theory supporters like the thought of interpreting the Constitution as it was meant to be interpreted, while modernist theory supporters argue that the Constitution should be interpreted and dealt with pertaining to a contemporary sense.

There’s also the notion that the Constitution was written by a select group of people for a select group of people. This is a contributing factor as to why there are amendments like 14, 15, and 19. So, in alignment with modernist constitutional theory and originalist theory as well as interpretation, a grand question could amount to the following: should there be a bigger push for more amendments as we progress as a society or should the Constitution stay framed as is currently is and leave the rest up to the states?

If the Constitution is left as it stands in original theory, this could lead to a lot of discontent among citizens, as there are no universal laws for something like healthcare. This could drive more migration among people and really mess up state economies. If someone is in dire need of better healthcare and does not receive it from a state or a private company in a way that can suit them, what other choice is there than to move to somewhere else to increase that person’s standard of living?

However, with modernist theory, some feel as if that could be overruling a document so important that it has carried a nation for over 200 years. Also, with too much government intervention, it can lead some citizens to feel as if they don’t really have a say in what happens because the government will do what it wants anyway. Why would I vote on healthcare if the government won’t listen to my voice? (Another reason to always call your representatives and vote: they need to hear your voice). Not to mention, specifically with healthcare, there could be virtually only one standard of care and the very idea of caring for someone would be very different than what it is now in the U.S., as seen in England.

Personally, I feel like that the Amendment process is so difficult for a reason, but I think it’s worth it to try and continue to add to it. The ERA should have been passed in its time, but it did not; if people still feel as if those same injustices still exist today, then by all means, do what you can to reintroduce it and fight for it. I understand the originalist thought and the want to leave the choice up to the states, but I also think that could get messy, especially for people who live on state borders/ people who live in a town with half in one state and the other half in another. It could create a lot of problems to have varying rules upon varying states, so I think government intervention in the sense of setting at least a minimum standard for each state is good.

While I feel as if people should truly petition for another Amendment if their heart so desires, I don’t necessarily think it’s the first place to start. There’s got to be an outstanding problem where one can gather a consensus from other peers in order to bolster a movement and fight back. Sometimes, Amendments don’t have to do the trick and passing legislation for an Act can.

Originalist theory and modernist theory are two polar opposites, but carry an illustrative point that it’s important to understand what the pros and cons are of government intervention, as well as whose rights among all citizens would be impacted the most. They also carry the point to not only pay attention to the politics of it all, but to also be sure one understands what’s happening in the Supreme Court and who exactly is in charge there, as well as some of the lower courts. Judge decisions should not be decided on a personal agenda, but rather an honest judgment and examination of what exactly the impact of one law can carry.

Cover Image Credit: Ted Eytan, Wikimedia

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No, I Don't Have To Tell You I'm Trans Before Dating You

Demanding trans people come out to potential partners is transphobic.
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In 2014, Jennifer Laude, a 26-year-old Filipina woman, was brutally murdered after having sex with a U.S. marine. The marine in question, Joseph Scott Pemberton, strangled her until she was unconscious and then proceeded to drown her in a toilet bowl.

Understandably, this crime triggered a lot of outrage. But while some were outraged over the horrific nature of the crime, many others were outraged by a different detail in the story. That was because Jennifer Laude had done the unspeakable. She was a trans woman and had not disclosed that information before having sex with Pemberton. So in the minds of many cis people, her death was the price she paid for not disclosing her trans status. Here are some of the comments on CNN's Facebook page when the story broke.

As a trans person, I run into this attitude all the time. I constantly hear cis people raging about how a trans person is "lying" if they don't come out to a potential partner before dating them. Pemberton himself claimed that he felt like he was "raped" because Laude did not come out to him. Even cis people that fashion themselves as "allies" tend to feel similar.

Their argument is that they aren't not attracted to trans people, so they should have a right to know if a potential partner is trans before dating them. These people view transness as a mere physical quality that they just aren't attracted to.

The issue with this logic is that the person in question is obviously attracted to trans people, or else they wouldn't be worried about accidentally going out with one. So these people aren't attracted to trans people because of some physical quality, they aren't attracted to trans people because they are disgusted by the very idea of transness.

Disgust towards trans people is ingrained in all of us from a very early age. The gender binary forms the basis of European societies. It establishes that there are men and there are women, and each has a specific role. For the gender binary to have power, it has to be rigid and inflexible. Thus, from the day we are born, we are taught to believe in a very static and strict form of gender. We learn that if you have a penis, you are a man, and if you have a vagina, you are a woman. Trans people are walking refutations of this concept of gender. Our very existence threatens to undermine the gender binary itself. And for that, we are constantly demonized. For example, trans people, mainly women of color, continue to be slaughtered in droves for being trans.

The justification of transphobic oppression is often that transness is inherently disgusting. For example, the "trans panic" defense still exists to this day. This defense involves the defendant asking for a lesser sentence after killing a trans person because they contend that when they found out the victim was trans, they freaked out and couldn't control themselves. This defense is still legal in every state but California.

And our culture constantly reinforces the notion that transness is undesirable. For example, there is the common trope in fictional media in which a male protagonist is "tricked" into sleeping with a trans woman. The character's disgust after finding out is often used as a punchline.

Thus, not being attracted to trans people is deeply transphobic. The entire notion that someone isn't attracted to a group of very physically diverse group of people because they are trans is built on fear and disgust of trans people. None of this means it is transphobic to not be attracted to individual trans people. Nor is it transphobic to not be attracted to specific genitals. But it is transphobic to claim to not be attracted to all trans, people. For example, there is a difference between saying you won't go out with someone for having a penis and saying you won't go out with someone because they're trans.

So when a cis person argues that a trans person has an obligation to come out to someone before dating them, they are saying trans people have an obligation to accommodate their transphobia. Plus, claiming that trans people are obligated to come out reinforces the idea that not being attracted to trans people is reasonable. But as I've pointed out, not being attracted to trans people supports the idea that transness is disgusting which is the basis for transphobic oppression.

The one scenario in which I would say a trans person should disclose their trans status is if they are going to have sex with someone and are unsure if their partner is attracted to whatever genitals they may have. In that case, I think it's courteous for a trans person to come out to avoid any awkwardness during sex. But even then, a trans person isn't "lying" if they don't come out and their partner is certainly not being "raped."

It is easy to look at the story of Jennifer Laude and claim that her death was due to the actions of one bigot. But it's more complicated than that. Pemberton was the product of a society that told him that disgust towards trans people was reasonable and natural. So when he found out that he accidentally slept with a trans woman, he killed her.

Every single cis person that says that trans people have to come out because they aren't attracted to trans people feeds into the system that caused Jennifer Laude's death. And until those cis people acknowledge their complicity in that system, there will only be more like Jennifer Laude.

SEE ALSO: Yes, You Absolutely Need To Tell Someone You're Trans Before Dating

Cover Image Credit: Nats Getty / Instagram

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10 Men That Will Change Your Mind About Hair Loss

It happens to the best of them, but these men look better with a bald head!

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Hair loss is such a common thing for men to face as they get older. As a society, I feel as though we typically frown upon it. This is probably the case due to the amount of hair transplants and hair products to stop hair loss and start hair growth. However, there are some men who can make the hair loss turn into a great thing because of how good they look bald. So, I have found the best looking bald men (in my opinion, of course!) and put them all into one list for your viewing pleasure!

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1. Will Smith

First of all, I am extremely bias because I believe that Will Smith is the best looking man on this planet (even my boyfriend knows this!). Second, Will Smith is not always bald, but when he is, he tops the list of all bald men. In his role of Deadshot in Suicide Squad, Will was rocking the bald cut and looked absolutely amazing while doing so. 10/10, would recommend.

Will Smith: Deadshothttps://batman-news.com/2016/12/13/deadshot-movie-...


2. Idris Elba

Once again, another man that is not usually bald but when he is, he sure does kill. Idris Elba is such a great looking man and has an even better sounding voice. What is better than a man with an accent that looks good bald?


Idris Elbaidris-elba-hairstyle


3. Dwayne Johnson

We all know that the Rock is a favorite among women. He is tall, handsome and has the big strong muscles. Not to mention he plays the sweet father role well and has a great sense of humor. But the most impressive part of him is that he can be bald and pull it off VERY well!

Dwayne Johnsonhttps://www.independent.co.uk/arts-entertainment/f...


4. Morris Chestnut

Such a beautiful man with an amazing smile. I am not sure how someone could not love the appearance of Morris Chestnut. Did I mention his smile?

Morris Chestnutmorris-chestnut


5. Shemar Moore

Another man with no hair that steals the show with a great smile is Shemar Moore. His bald head stands out in a great way and I think it would be impossible to have this type of list without Shemar on it.

Shemar Moorehttps://mymajicdc.com/3632803/see-the-photo-that-h...

6. Kobe Bryant

Not only is the MVP of basketball but he might be the MVM (most valued man) of the bald men out there! Once again, another beautiful smile. Not to mention, he's extremely talented.

Kobe Bryanthttps://www.kcra.com/article/nba-legend-kobe-bryan...


7. LL Cool J

A singer and an actor, representing the best of the bald men out there. Such a beautiful smile (are we seeing a trend here?) and an even better looking man. Could not leave LL Cool J off of this list either.

LL Cool Jhttp://comicbook.com/2014/10/29/ll-cool-j-says-hes...


8. Tyrese Gibson

Another man who can definitely give a positive view on being bald and losing your hair, Tyrese has been doing the look justice for a long time now.

Tyrese Gibsonhttps://www.hollywoodreporter.com/news/tyrese-gibs...


9. Vin Diesel

We all know him from the Fast and the Furious, but let's recognize that he is a great looking man, rocking the bald head look. We love the movies and we love him. Go you Vin Diesel, keep rocking out and winning over all of our hearts (and eyes!).

Vin Dieselhttps://pagesix.com/2017/12/29/vin-diesel-named-fo...


10. Common

What common lacks in hair on his head he gains in facial hair. I swear he has one of the best beards ever. Also, those freckles? Hello? So cute!

Commonhttps://www.grammy.com/grammys/news/common-becomes...


Hopefully, after seeing as these wonderful men absolutely slaying the bald look, you'll think twice about hair loss (whether you're a man or a woman!).

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