List three historical issues that have been used to debate the different interpretations of the Constitution. Then choose one of those issues to describe in detail. In a four- to five-paragraph essay, use the text of the Constitution, your notes, your own interpretation, the resources provided below, and any additional research to explain how the issue supports either loose constructionism or originalism.
Answers
Human rights in China is a highly contested topic, especially for the fundamental human rights periodically reviewed by the United Nations Human Rights Committee (UNHRC),[1] on which the government of the People's Republic of China and various foreign governments and human rights organizations have often disagreed. PRC authorities, their supporters, and other proponents claim that existing policies and enforcement measures are sufficient to guard against human rights abuses. However other countries and their authorities (such as the United States Department of State, Canadian Ministry of Foreign Affairs, among others), international non-governmental organizations (NGOs), such as Human Rights in China and Amnesty International, and citizens, lawyers, and dissidents inside the country, state that the authorities in mainland China regularly sanction or organize such abuses. Jiang Tianyong, 46, is the latest lawyer known for defending government critics to be jailed. According to the news over the past two years more than 200 have been detained in the ongoing crackdown on criticism in China.
NGOs such as Amnesty International and Human Rights Watch, as well as foreign governmental institutions such as the U.S. State Department, regularly present evidence of the PRC violating the freedoms of speech, movement, and religion of its citizens and of others within its jurisdiction. Authorities in the PRC claim to define human rights differently, so as to include economic and social as well as political rights, all in relation to "national culture" and the level of development of the country.[3] Authorities in the PRC, referring to this definition, claim that human rights are being improved.[4] They do not, however, use the definition used by most countries and organisations. PRC politicians have repeatedly maintained that, according to the PRC Constitution, the "Four Cardinal Principles" supersede citizenship rights. PRC officials interpret the primacy of the Four Cardinal Principles as a legal basis for the arrest of people who the government says seek to overthrow the principles. Chinese nationals whom authorities perceive to be in compliance with these principles, on the other hand, are permitted by the PRC authorities to enjoy and exercise all the rights that come with citizenship of the PRC, provided they do not violate PRC laws in any other manner.
Numerous human rights groups have publicized human rights issues in China that they consider the government to be mishandling, including: the death penalty (capital punishment), the one-child policy (which China had made exceptions for ethnic minorities prior to abolishing it in 2015), the political and legal status of Tibet, and neglect of freedom of the press in mainland China. Other areas of concern include the lack of legal recognition of human rights and the lack of an independent judiciary, rule of law, and due process. Further issues raised in regard to human rights include the severe lack of worker's rights (in particular the hukou system which restricts migrant labourers' freedom of movement), the absence of independent labour unions (which have since been changing[5]), and allegations of discrimination against rural workers and ethnic minorities, as well as the lack of religious freedom – rights groups have highlighted repression of the Christian,[6][7][8][9][10][11] Tibetan Buddhist, Uyghur Muslim, and Falun Gong religious groups. Some Chinese activist groups are trying to expand these freedoms, including Human Rights in China, Chinese Human Rights Defenders, and the China Human Rights Lawyers Concern Group. Chinese human rights attorneys who take on cases related to these issues, however, often face harassment, disbarment, and arrest.[12][13]
According to the Amnesty International report from 2016/2017 the government continued to draft and enact a series of new national security laws that presented serious threats to the protection of human rights. The nationwide crackdown on human rights lawyers and activists continued throughout the year. Activists and human rights defenders continued to be systematically subjected to monitoring, harassment, intimidation, arrest and detention.The report continues that police detained increasing numbers of human rights defenders outside of formal detention facilities, sometimes without access to a lawyer for long periods, exposing the detainees to the risk of torture and other ill-treatment. Booksellers, publishers, activists and a journalist who went missing in neighboring countries in 2015 and 2016 turned up at detention in China, causing concerns about China’s law enforcement agencies acting outside their jurisdiction.
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