Purdy_Portfolio_Final_Paper

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PORTFOLIO INCLUDING FINAL PAPER 1 Portfolio Including Final Paper (Politicians should follow same laws enacted) Joseph Purdy ENGL110: Making Writing Relevant Ezekiel Jarvis Assignment Due 20 February 2021

PORTFOLIO INCLUDING FINAL PAPER 2 Table of Contents Item 1 of the Portfolio – Description of Discourse Community Item 2 of the Portfolio – Annotated Bibliography Item 3 of the Portfolio – Final Paper

PORTFOLIO INCLUDING FINAL PAPER 3 Description of Discourse Community 1. Program I am studying: Political science 2. This is the Research Guide I am using and some of the things I found in it.  The databases I'd use to learn about this field o ProQuest is a database provided by the college for political science.  Video sites that talk about this field o CSPAN, Defense Imagery, and Youtube.  Websites that focus on this field o Govinfo.gov, Congress.gov  Social media sites used by people in this field o Most politicians have a personal Facebook and/or Twitter page. 3. Here is a closer look at an organization or website used by people in my field. The website I have chosen is www.govinfo.gov. This website is a free public space that allows users to access official publications from all three branches of government. They also provide a system that manages the content added to the servers that don’t allow content to be tampered with or altered. Another great feature is the Digital Repository within this website that allows for the preservation of documents for future generations to access and use. 4. Describe things you found as you looked at an organization or website used by people in your field. Topics discussed o The topics discussed were on matters of public safety, lawmaking decisions and ideas, and topics of discussion between political party’s.

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PORTFOLIO INCLUDING FINAL PAPER 4  Intended audience o The intended audience for this website was the American people.  Language used (formal, informal, complex, jargon, conversational) o Politicians use a formal language written in the language of law.  Ways ideas are exchanged o Ideas are expressed in a public setting with most of those being recorded. 5. Here are tips for communicating in this field of study. Some tips I would encourage someone wanting to focus on this specific field would be to speak in clear concise words. Politicians tend to speak the language of law so someone planning to communicate within this field some understand some of that language or at the very least interpret the basics of laws.

PORTFOLIO INCLUDING FINAL PAPER 5 Annotated Bibliography Curry, & Lee, F. E. (2020). What Is Regular Order Worth? Partisan Lawmaking and Congressional Processes. The Journal of Politics, 82(2), 627–641. https://doi.org/10.1086/706893 The author of this article has written many works on the workings of the government. This article discusses the emergence of a new theorized style of political governance known as Metagovernance. This style is shown to be unorthodox but an effective way to allow the process of partisan bills to pass without bipartisan support. The article has interviews with various politicians as they discuss this new concept of lawmaking. The article is written about the government in Denmark and that government mirrors our own. Understanding the similarities and differences are what make for effective leaderships traits. The article discusses whether the emergence of this new type of governance will survive the rigors of Democracy through insight from experts in the field of political science. Jason Boatright. (2020). END JUDICIAL LAWMAKING. Texas Review of Law & Politics, 24(3), 355–394. This is an interesting article that depicts how the judicial system, specifically judges, tend to bend the rules of the Constitution when it comes to the making of laws. The article addresses the Texas Constitution and dives into the interpretation of historical laws pertaining to the authority of members of the Judicial Branch within that state. The article references the differences between the U.S. Constitution and the Texas Constitution when applied to the ability of judicial members. This article will be helpful in showing the distinctions between the systems and how laws can be interpreted to mean whatever the lawmakers deem them to be.

PORTFOLIO INCLUDING FINAL PAPER 6 Final Paper (Politicians should follow same laws enacted) Members of the House of Representatives and the Senate, which comprises the Congress, are elected to those positions by the American people. Americans place a large amount of trust and confidence in these leaders to ensure the country is governed fairly and its citizens treated with dignity and respect. Political figures use the power of their positions to enact laws that are enforceable to United States citizens without including themselves in such laws. Politicians are, much like the people who voted them into office, American citizens, and should have to abide by the same sets of laws as everyone else. Introduction Two major laws that have been created and enacted by Congress that they do not have to follow are the Occupational Safety and Health Act of 1970 and the Freedom of Information Act and Privacy Act (Law). These laws are meant to aide and assist the American people in the safe and protected use of work environments and the right to disclosure of information. These are just two of the significant examples of how we elect members of Congress to govern the laws of America and they treat our legislative system as a means to live above the laws. Congress should have to follow or abide by these same laws. Background Language written within the confides of OSHA use the term “employer” when speaking about anyone who conducts business within the United States. OSHA also specifically states under U.S. Code § 652 (Govinfo, n.d) that the term “employer” does not apply to the United States. Congress placed this into the Act to allow themselves to be exempt from the confides of

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PORTFOLIO INCLUDING FINAL PAPER 7 the very Act with which they created. This is a problem that should be addressed, by enacting provisions that do not keep lawmakers above the laws they create. Very similarly the FOIA provides Americans with the right to have access to some government documents when it regards the use of government proceedings. Not all documents are given freely however, and instances such as when President Obama created a memorandum stating that agencies could withhold documents if they deemed them to be harmful to specific interests (Castellano, 2017). Side A The governance of our country is a stake when its leaders live and control from a perspective above the laws they enact. When a governance can adjust on the fly to cater their own specific wishes outside of input from Americans that creates a problem of distrust. When our leaders don’t understand the needs of the people and step to far into micro-managing, we get instances where laws are enacted with too much red tape and too many regulations under the guise of public safety. This creates difficulties for the economy and business, having to follow too many regulations and stipulations puts a burden on business owners and has proven to be ineffective with an increase of injuries within the workplace at around fifteen percent (Kovach et al., 1997). When it comes to information having the ability to simply decide when it is shared and in what manner it is shared while simultaneously enacting laws that create the illusion that the people have a right to access all the information about the workings of the government. An instance of this would be in the 109 th Congress, several members of the Senate introduced different reforms to the FOIA to hold accountable and assist in the free giving’s of information none of them were enacted (Relyea, 2008). Side B

PORTFOLIO INCLUDING FINAL PAPER 8 Despite members of Congress creating language the allows them to be above the laws they enact there are instances where this can be good. With regards to the FOIA some information is classified to protect the interests of the country, whether the people should know is why we elect these officials. Special trust and confidence is placed on our leaders to act in the best interest of the people. That trust is nurtured by the free giving of information to the public through the FOIA. The Act was designed to prevent executive leaders from withholding information based upon his authority alone (Relyea, 2008). Some records should be kept close such as personally identifiable information, medical reports, police reports during investigations, and matters that concern national defense (Relyea, 2008). The premise for this is made obvious in a sense that allowing the free disclosure of this information would be detrimental to all Americans safety and thus should be protected. The same theory could be applied to OSHA. Exemptions to OSHA regulations have been made within the agricultural industry. Historically seventy percent of incidents are on farms that are exempt from OSHA regulations (O’Connor, 2012). OSHA has created guidelines that protect workers from hazardous working conditions and these exemptions show that the guidelines are effective at protecting the working class. Possible Solutions A solution to this problem could be in the form of legislative reform. While Congress can and should have limited ability to operate outside laws enacted, they should be doing so in a manner that justifies those exemptions. Examples of this would be when it pertains to matters of national defense or when freely given information could affect the economy like commercial dealings with foreign nations. The American people should be the ultimate deciding factor on how the government runs just as the forefathers indicated. The way to win this would be to

PORTFOLIO INCLUDING FINAL PAPER 9 better inform voters on the workings of the government officials they vote for by paying closer attention to the workings of the members they elect. Conclusion Members of Congress should not be above the laws they enact. While exemptions can be made to this policy by way of legislative reform this should not be the norm. Americans need to be able to trust their elected leaders to do what is right from the country and not what is right for their own specific regards. These exemptions should be utilized when necessary and when it becomes cost effective to the people. Government transparency allows for a good robust democracy (Kowka, 2016).

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PORTFOLIO INCLUDING FINAL PAPER 10 References Castellano, N. E. (2017). WHERE THE SUNSHINE MEETS THE SHADE: USING FOIA EXEMPTION 4 TO PROTECT CONFIDENTIAL COMPLIANCE INFORMATION AFTER THE 2016 FOIA IMPROVEMENT ACT. Public Contract Law Journal, 46(3), 589-622. Retrieved from https://www.proquest.com/scholarly-journals/where-sunshine-meets-shade- using-foia-exemption-4/docview/1918883896/se-2?accountid=8289. Govinfo. (n.d.). Retrieved from https://www.govinfo.gov/app/details/USCODE-2010- title29/USCODE-2010-title29-chap15-sec652/context. Kovach, Hamilton, N. G., Alston, T. M., & Sullivan, J. A. (1997). OSHA and the politics of reform: an analysis of OSHA reform initiatives before the 104th Congress. Harvard Journal on Legislation, 34(1). Kwoka. (2016). FOIA, INC. Duke Law Journal, 65(7), 1361–1437. Retrieved from https://advance-lexis-com.ezproxy1.apus.edu/document/?pdmfid=1516831&crid=53e77da8- f43c-49a0-818f-b84d356060d6&pddocfullpath=%2Fshared%2Fdocument%2Fanalytical- materials%2Furn%3AcontentItem%3A5JMV-DYT0-02BM-Y2RT-00000- 00&pdcontentcomponentid=7336&pdteaserkey=sr0&pditab=allpods&ecomp=xzvnk&earg=sr 0&prid=7f5871d6-d2e5-4b76-bea2-78f6504d499b LAWS THAT DO NOT APPLY TO CONGRESS. Application of laws to Congress -- laws that do not apply to Congress. (n.d.). Retrieved from https://archives-democrats- rules.house.gov/Archives/jcoc2ai.htm. O’Conner. (2012). The economic impact of extending OSHA’s grain handling standards to currently exempt agricultural worksites. ProQuest Dissertations Publishing. Retrieved from

PORTFOLIO INCLUDING FINAL PAPER 11 https://www.proquest.com/docview/1239717384?parentSessionId=YPH3rsJxYC9dqB66W %2BhOlLaBlGY66Esk7eTjmE1bNpw%3D&pq-origsite=primo&accountid=8289 Relyea. (2008). Freedom of Information Act (FOIA) Amendments: 110th Congress. Retrieved from https://apps.dtic.mil/sti/pdfs/ADA509838.pdf

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