OCR Text |
Show JULY 28, 1987 Denises hard work brings winning essay By DONETA GATHERUM LAYTON Several months ago Denise Wilseys mother saw a small notice of an essay contest in a newsletter. She told Denise this might be a good contest to enter. Denise somewhat agreed. She set the paper aside and it was forgotten until her AP history teacher at Layton High School, Ms. Claudia Schroader, mentioned the same contest. Denise decided to enter. She talked to her uncle who just graduated from BYU to get some ideas and she received suggestions from Ms. Schroader. Around Christmas 4-- H time, Denise had completed an outline. The project sat idle for several weeks. I didnt think I would ever finish it, Denise remembers. Finally, after several revisions, much research and computer help, Denise mailed her 1500 word essay to the Utah National Bicentennial Writing Competition committee. This was April 15, 1987, the deadline for entering the contest. Last week Denise received word that her essay entitled A 1787 Document Faces 1987 Dilemmas, had won the state level and would represent Utah in the national contest which has a $10,000 first prize. Denise received $ ,000 for being the state winner plus a trip to Washington, D.C, in September with her history teacher. In Washington, Denise will have the opportunity to meet the President, the Chief Justice, members of the National Bicentennial of the Constitution Committee and leaders of Congress. The contest Denise entered had the theme The Constitution: How Does the Separation of Powers Help Make it work? All grade students were eligible to enter. Essays were judged for depth of understanding, quality of analysis, accuracy and relevance of content, clarity of ideas and originality of presentation. Footnotes and a bibliography were required. One hundred fifty-sistudents entered the contest that was sponsored by the Bicentennial Commission, USA Today and the American Bar Association. Denise, the daughter of Mr and Mrs. Carter Wilsey, is a 1987 gra- - Music teacher leaves, but impact longlasting Editor's Note: While many articles have been written about teachers who have retired this year, little is ever said about those teachers who leave the profession for other jobs or new teaching assignments. Beth Preston, music teacher at Central Davis Junior High in Layton is representative of this group. After five years of teaching, Miss Preston resigned to return to her home in Minnesota. 1 u t r I s 1 9-- x DENISE WILSEY duate of Layton High School where she studied AP history, AP English and debate among other things. She received the Utah Career Teachers Scholarship to attend college. This scholarship is based on a commitment to teach in a critical field like foreign language or special education. Denise will attend Dixie College. Her longterm goal is to attend law school. Document stands test Editors Note: This is the complete text of Layton High Schools Denise Wilseys winning composition in the National Bicentennial Writing Competition. By DENISE WILSEY The Constitution that was adopted by the delegates to the Philadelphia Convention in 1787 consisted of seven articles. The first three provided that the powers of government be separated into the three branches of legislative, executive and judicial. It quickly followed that there should be a system to check and balance the powers, insuring against a gradual concentration of the several powers in the same department. The principles of separated powers, and checks on those powers, are vitally important to making the Constitution work. On June 23, 1963, in the case of INS vs Chadah, the Supreme Court reached a decision that had a profound effect on our system of separated powers and checks and balances. The argument of the case concerned the constitutionality of the legislative veto. The veto provision of many laws allowed congress to cancel executive actions. The court held that such vetoes have the force of law but are not signed by the President and therefore are unconstitutional. This case shows the process of checks and balances is being taken to its extreme, having a negative effect on the initial reasons for separating the powers. It is important to first look behind the reasons for separated powers, and to look at the reasons for checks and balances. This will on illustrate how an the second has had a negative effect on the first. There are two basic reasons the Founders separated governmental power. The first was to prevent tyranny. This idea was principally rooted in the Founders English experience. They brought to the Constitutional Convention their conviction that the accumulation of all powers legislative, executive, over-emphas- is and judiciary in the same hands . . . may justly be pro- nounced the very definition of divided tyranny. The Founders factions the government into three that prevented one body from enexjoying all the power of making, laws. the ecuting and judging In doing this , it was not the intent to make the government cumbersome and inefficient. In fact, the second reason they separated powers was to assign each branch the governmental function it was most suited to perform. The executive, being singular and unitary, was given the energetic duties of carrying out the laws. The legislative being bicameral and more deliberative, was assigned the task of making the laws. This insured that all the functions of government are served by people specifically assigned to them. Thus, the separation of powers was intended to prevent all governmental powers from being concentrated in one person or branch and intended to put each branch in charge of the duties it was designed to carry out. Checks and balances were included in the constitution to aid in successfully implementing the separation of powers. Each branch has supreme authority in its area of responsibility; but this did not mean that the separation was complete. The Constitution provided for checks that permitted each branch a limited participation in the action of the other two, insuring that each are responsive to the concerns of the other branches. Thus, while the executive cannot enact laws, it can suggest and veto laws which allow it to protect its concerns. The current trend of constitutional interpretation favors the doctrine of checks and balances to the exclusion of some of the benefits of separation of powers. For instance , in the case of INS vs Chadah the Supreme Court ruled that every legislative action had to pass both houses of congress and be submitted to the President even when U.S. statutes permitted congress to do otherwise. Before this decision, congress had passed many laws that delegated some of its lawmaking power to certain executive agencies. These laws were all signed by the President and passed by Congress. Each specified that Congress could cancel the regulation by a congressional veto if it was voted by the majority. As specifically applied to the Chadah Case, Congress enacted a law that allowed the Attorney General the right to suspend deportation. It also carried a provision that allowed congress to review and override any decisions regarding deportation made by the Attorney General. In the case, Chadah was threatened with deportation. He brought his case before the Attorney General who, under Section 244(a)(1) of the Immigration Act decided to suspend the deportation proceedings. Later, under the same Act, Congress voted to veto the suspension of Chadah and five others. When this procedure was used against Chadah to deport him, School opening noted FARMINGTON day Aug. 31. All Davis County Schools will start Mon- For information about registration, contact your local schools. Purdy will speak Mayor Gerald Purdy will address the Kays-vill- e KAYSVILLE Commerce during their regular meeting Aug. 5 of Chamber Its dark most mornings when Beth Preston arrives at Central Davis Junior High to begin her teaching day. Many afternoons, its dark when she LAYTON he challenged the reserved right to veto as unconstitutional. The Supreme Court agreed with him on the grounds that it violated the doctrine of checks and balances of the Constitution by not permitting this order, resolution or vote to be presented to the President for his approval or disapproval. The court then held that the congressional veto provision is severable from the Act and that it was unconstitutional. There are many agencies or bureaus of the Executive Branch, such as the Social Security Administration, or the Federal Bureau of Investigation, that carry on much of the Federal Governments actual business. Congress has given these agencies th right to create the regulations necessary to fulfill their duties. The courts definition of legislation is action that had the purpose and effect of altering the legal rights, duties, and relaall outside the tions of persons legislative branch. Clearly, the bureaucratic regulations of the executive also fit this definition. Congress has tried to reserve the right to protect its legislative prerogative by the legislative veto process. However, the decision of the court in the case has invalidated eveiy use of legislative veto and, in effect, entrenched the executive in a legislative role. The bureaucratic agencies are not directly or politically responsible to the people, nor are they subject to the institutional safeguards that are required of Congress, such as the deliberative bicamerality suggested earlier.' They can now use the powers delegated to them by Congress with little fear of oversight by any other branch. It is apparent that the decision of the case is inconsistent with the efficiency of good government. Here, the powers have been mixed, giving the executive a legislative role that it was not suited to handle. In this way , it violates both the idea of separation of powers as well as that of checks and balances. The Court also ruled the legislative veto unconstitutional in that its use as in the Chadah case is a piece of legislation and therefore must be submitted to the President. It must be considered that the legislative veto was a provision of the entire bill that had already been put to the President for his approval or disapproval and became law by the legal constitutional process. The President had already used his prerogative to oversee or check congress and did not veto the bill. In requiring the President to recheck every case that came before congress for its veto, the President would, in essence, have had a double chance to protect his prerogatives, thus being inconsistent with the important balance of power needed to sustain and protect the separation of powers. The separation of powers is a Constvery important part of the itution. A conflict in how that separation of powers should be served has been clearly shown in the decision of the case of INS vs Chadah. Congress should be able to protect its legislative prerogatives by continuing to oversee the executive regulations. Just as importantly, rethe President should not be by action to every quired the Legislature. The resolution de-ot this issue will be important in termining how we view separation of powers in the future. ... leaves. Ms. Preston, vocal music teacher, normally starts preparing for school at 6:50 a.m. At 7, her first musical group, the Central Singers, arrive to start rehearsal. Five years ago when Ms. Preston came to Central to teach vocal music, she organized this choral group of 26 members. The singers are chosen by special audition. They practice each morning before school and receive no credit for this assignment. Ms. Preston volunteers her time to work with the group. The Central Singers have earned a reputation for excellence. They have competed well in district extra-curricul- ar choral festivals and have performed extensively at the school, for elementary school audiences and for church and community functions. Ms. Prestons actual teaching assignments include 8th and 9th grade boys and girls chorus and 7th grade general music. She considers the 8th grade chorus classes train- ing courses for the 9th grade classes. Teaching music is a high-energ- y job. I believe its more tiring and physically draining to get music from kids than other teaching fields. Its also more rewarding. You get close to the kids, Ms. Preston states. I motivate students by expecting a lot out of them. I see their potential and push them towards it. Music classes require strict discipline but there are many opportunities for positive reinforcement. It is obvious that Beth Preston, graduate of BYU with an emphasis on vocal music education, enjoys her job. She is exceptionally good at it. The students respond to the time and energy she puts into her program by saying, weird. Shes Ms. Prestons cool. She taught me to play the piano. She knows strange songs like Cool Peanut Butter and Jelly!' Shes the best teacher in this school. On the last day of school, Ms. Prestons room was filled with balloons, cards, treats and posters, special tributes from present and former students. One boy who had been in an emotionally disturbed classroom setting visited Ms. Preston to tell her he was ready to go back into a regular secondary school. Another high school student brought over his yearbook for Ms. Preston to sign. Many just opened the door to the music room and said, Good luck, well miss you. Why would a teacher like Ms. Preston leave the profession she trained for and in which she does well? After five years, I feel a little burned out. Im also very homesick. This summer 1 will return to Minnesota and look for a job. There arent any openings for teachers yet so maybe 1 will teach private lessons or maybe Ill end up don't working in a McDonalds. know. just know it's time for a change," Beth Preston says. The school day for Ms. Preston ends as it began, late, long after most of the school staff has gone home. After school hours until 4 or 5 p.m. are set aside to help students and work with groups that will be performing soon. When Beth Preston closed her music room door at Central for the last time, she left behind positive memories for hundreds of students. She also gave the impress1 1 ion that her retirment from teaching would be very short. Ive seen kids that havent thought about singing get turned on and continue in the high school music program. Nothing is more rewarding than getting close to kids through music, she says as one door closes behind her. Clinton calls students Clinton Elementary will hold registration for the 1987-8- 8 school year Tuesday, Aug. 4, from p.m. All new students to Clinton Elementary need to register at that time. Library funds okd By KATHY CHRISTENSEN FARMINGTON The Davis County Commissioners have approved the construction of the Central branch Library to be built in Layton City. The commissioners signed a grant agreement, presented by Jeanne Layton, between Davis County and the Utah State Division of Libraries for $200,211 funding for the project. The bid for construction on the project will go to Kimberly Construction Company. The accepted bid totalled $1,091,700. Commissioners also accepted a bid from ClaudeH. Nix of$100, 511 for flood control construction at Shepard Creek (Foxglove). An agreement was signed by the commissioners between Davis County and Ormond Construction for a flood control project on Barnard Creek between Main Street and 400 West in Centerville. The amount of agreement was $159,329. Sidewalk Daze set The Kaysville area chamber will host their Sidewalk Daze Sale Thursday-SaturdaThis popular event is being held at the same time as the Davis County Fair held at Davis High School and features merchandise at value prices displayed on the sidewalks. In addition, the chamber is sponsoring a health fair on Saturday. The fair will be at the Kaysville City Building from 10 a.m. 2 p.m. The United States Army will have several displays during this event. Locations are at the Village Square Shopping Center. Kaysville City building and at Davis Pligh School. y. -- Balloons say thank you5 LAYTON For Laura Pettry, her balloon bouquet was also a bouquet of appreciation from her and patients in the Womens Center at Humana Hospital Davis North. Its a nice feeling knowing that she said. you are recognized, But its even a better feeling knowing that you can make the lives of people a little more pleasant. The balloon bouquet the first awarded to recognize outstanding performance in the hospital's new Celebrate program came as a old Pettry. surprise to the But it shouldnt have, according to 30-ye- ar Karen Chatland, the hospitals associate executive directornursing. We have received numerous letters and comments on Laura's ability, said Chatland. The patients have lauded her sincerity, noting that she always goes the extra mile in regards to their care. If a woman is in labor at the end of Lauras shift, it is not uncommon for Laura to remain at the hospital until the woman delivers, providing a continuity of care. Shes more than an able nurse. Shes concerned, too. Devised by Chatland, the Celebrate program includes an appre ciation letter for each employee receiving positive comments from patients or staff members. After a minimum of five such comment'-- , the employee receives a balloon bouquet. A graduate of Roy High School and Weber State College, Pettry joined the Davis North staff in 1979 and later served one year as a nurse for a local physician, Dr. Charles Joseph. Her mother, Marie Cour-nean intensive care nurse, was the recipient of the Humana Hospital Davis North Nursing Ex cellence Award in 1980. Pettry lives in Roy and was named a second lieutenant in the U.S. Air Force Reserves. re-si- will be the site for this annual The city bowery behind city hall Pres. John Brown, Chamber notes immer outdoor luncheon, of Jos Hobo Kaysville. be will aterins 7 or Reservations may be made by calling 546-137- 546-135- 3. The first Celebrate balloon bouquet winner at Humana Hospital-Da- vis North is Laura Pettry, right. Karen Chatland, associate executive director of nursing, presents the bouquet. sui-pris- e |