Sales Management Research Proposal Essay Example

Sales Management Research Proposal Essay Introduction Present-day business environment is rapidly changing importing certain changes into the process of selling goods and services. Some of these changes can be rather dramatic, affecting the most essential principles of sales management. Being a separate field of management, sales management performs fundamental functions, which influence the operation of a company in the market, its profitability or losses as result of successful or unsuccessful establishment of relationship with potential customers. Though sales managers perform multiple functions, it is possible to distinguish two main functions, which include to achieve company’s goals (dispose off the goods and services, receive a new market share and etc) and to provide company’s owners or top management with the report concerning the level of sales volumes. The job of a sales manager is very challenging due to the high rate of responsibility sales managers have to undertake upon accepting the job. Such high rate of r esponsibility is explained by the necessity to establish close interaction with the customers or groups of customers, which should be achieved as a result of sales manager’s work. Goods and services turnover represented in money means appears to be the main index, evidencing how a company was operating during a certain period of time, how many goods and services have been produced and sold to the consumers, and how much profit it brought to the company. And as the conditions of selling are constantly changing, it is up to sales management to adapt to these changing conditions and to develop methods of more effective selling of products to consumers. The main goal of designing current study is to speak about the role and main functions of sales management, the ways it uses to adapt to the changing business environment and the role of selling in the modern economy. The paper will also focus on the relationship between companies and their customers by the example of the company known as â€Å"Merck† which has been operating in pharmaceutical industry for a rather long period of time. 1. Key Concepts of Sales Management Sales management as one of the key elements of management was designed to address the needs of companies in terms of selling their goods and services to as many customers as possible, while keeping records of the sales volumes. Sales management appeared rather long time ago, however, until now it remains an effective tool predetermining company’s either profits or losses. When speaking about sales management it is in the first place necessary to speak about so-called â€Å"direct executors† of the main tasks of sales management known as sales managers. So, who is a sales manager? A sales manager is a person, who is in charge of the process of selling of goods and services to consumers. Usually a sales manager is the head of the whole department, performing the functions of leader, supervisor, company’s representative, technical expert and etc. Thus, it is fair to note that sales managers â€Å"conceivably have one of the more eclectic, demanding, and crucial man agerial jobs in business† [7]. Due to the reports that have been drawn up based upon multiple scientific researches â€Å"the sales manager’s responsibility for handling the entire interface with the customer is possibly the single most important factor in creating and perpetuating company success† [7]. 1.1. Major Functions Performed by Sales Managers Daily We will write a custom essay sample on Sales Management Research Proposal specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Sales Management Research Proposal specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Sales Management Research Proposal specifically for you FOR ONLY $16.38 $13.9/page Hire Writer When a person accepts position of the sales manager he/she undertakes significant responsibility as the amount of duties of sales managers usually exceeds the amount of duties other employees have to fulfill. Duties, role and functions are what make sales managers different from usual salespeople or individual sales representatives. Sales managers are â€Å"charged with effectively managing and leading sales forces in their revenue-generating and customer relationship activities† [7]. The first function that sales managers perform is organizing the work of the sales department, which includes planning, motivating and controlling the work of salespeople, customer service representatives, sales representatives and other staff. Sales managers are responsible for interviewing and hiring new employees, and training and developing employees that have already been hired. They also have to develop schedules for work, where every employee will be assigned his/her specific duties. Anoth er function of sales managers is to conduct daily oversight of the work of departments if a sales manager is employed at a large company with many departments. However, if a sales manager is equated to an individual sales representative, for example, when he/she is working in a small company, which does not require the establishment of a separate department, then sales manager’s functions are the following: â€Å"direct selling, customer service, working with managers, managing information, working with others, training/recruiting, entertaining, and out-of-town travel† [2]. Functions that are performed according to the duties of a sales manager or salesperson largely depend on the â€Å"job type, industry and country† [2]. For example, in pharmaceutical industry, it is more wide spread to have a sales manager employed at a pharmaceutical company, like it is done at Merck, where subsidiaries have their own sales managers, who are in charge of the whole sales depa rtments, including the sales managers who are in charge of web-based pharmacies. This is done due to the growing necessity of â€Å"assuring the quality of medical care, guaranteeing the accuracy of exchanged information, fraud, and abuse have rapidly become evident† [5]. As the authors of the book â€Å"Sales Management: A Global Perspective† John B. Ford and D. Honeycutt note: â€Å"since sales activities vary by industry and location, then it appears certain that the sales job also differs by culture† [2]. That is why functions that are performed by sales managers in one country may significantly differ from functions performed by sales managers from other countries. For example, salespersons in Germany, Denmark, and the United States are â€Å"engaged in such common activities as closing a sale, monitoring competition, overcoming objections, studying market trends, and providing/receiving feedback† [2], while â€Å"few salespersons provided maintenance, delivered products, created advertising, stocked products, or installed equipment† [2]. In some countries, for example the USA, salespeople focus more â€Å"on prospecting (94 percent US versus 41 percent for German and 38 percent for Danish firms)† and the US sal espersons also â€Å"expedited customer orders at higher levels than German and Danish salespersons† [2]. Though the functions of sales managers and salespeople vary greatly within industries, countries and cultures, common features can still be found. The first feature, which has already been mentioned above, is high rate of responsibility sales managers have to undertake when accepting the job. Another common feature is that usually sales managers work at least 40 hours a week and have to be prepared to work overtime during sales and holidays. Also, sales managers need to have certain qualities of a leader and be able to come up with creative ideas when necessary. 1.2. The Strategic Role of Selling Within the Organization The following point to be discussed will be the strategic role of selling. The process of selling has a very long history, starting at the ancient times and continuing until now. Changing economic relations in society have been impacting the role and the meaning of selling greatly, altering and transforming it. Selling has a great role not only for organizations, who need to sell the goods they have produced, but also for all people, who are used to buying what they need, and if nobody is selling what they need, then they cannot satisfy their needs, including the basic ones. As a lot of scientists agree, the area of sales â€Å"remains an important strategic and operational focus for businesses† [3]. Though the process of selling has undergone certain changes it is still remains one of the core activities every company is engaged in. In order to reach success and create a highly profitable company, its owners need to establish an effectively working sales mechanism, which pred etermines the success of the majority of firms operating in the market. At this point the role of selling and sales management is the greatest, as â€Å"without sales representatives and managers calling on customers, there is a strong likelihood of organizational failure† [3]. Why would it happen? The answer to the question is rather simple. A company, which may in theory produce the best product in the world, will end up losing everything in practice if it hasn’t established the relationship with customers and hasn’t sold anything. As the author of the article â€Å"Sales in the 1990s: A Decade of Development† David J. Good notices â€Å"the customers and sales have to originate from â€Å"somewhere†, while â€Å"this â€Å"somewhere† is the direct effort of the salesperson who creates an opportunity for the selling organization† [3]. Sales managers’ role at this point is to make the role of selling a reality, which means to develop the process of selling by introducing products to the market, by attracting potential customers, by establishing relationship with key customers groups with the help of market segmentation, product differentiation and other marketing strategies. Some scientists argue that the role of selling and sales management is not so important as compared to marketing, however, knowing marketing strategies a sales manager will be able to establish close relationship with customers, sell goods to them and keep records of the sales volumes. Logically, if a company is unable to sell its products, it will not receive any profit as the revenue will be negative or equal to zero. In this case, a company will be losing money that it invested into the production of goods, and there will be no sense in continuing to produce the goods as it leads to losses rather than profits. With the money gained from selling, a company will clear its current liabilities, including bank loans, arrears of wages, taxes and etc. Net profit, the amount of money which is left after all liabilities are cleared, will be reinvested into the company for further operation. Merck, being a giant in pharmaceutical industry, is nowadays a leading company according to its sales volumes, for example, â€Å"Merck’s overall sales in 1999 were valued at $32.714 billion† [8]. The role of selling for Merck is as important as for other organizations, because Merck is â€Å"one of the world’s leading drug firms, which discovers, develops, manufactures, and markets a broad range of innovative products to improve human health† [8]. 2. Training and Motivation within the Organization Training and motivation is of significant importance for any company, which is planning to stay competitive for a long period of time. Some companies provide training to new employees upon hiring, while others use training programs in order to add more skills to employees who have been already working at a company. Employee training is an effective method of improving qualification of employees and increasing their performance. However, training is not the only method of increasing employees’ performance, because other methods such as developing and motivation also exist. In order to motivate employees, a company may establish a system of bonuses for employees with higher performance; offer them additional days off, if the work is done in advance and etc. It depends on what goals a company strives for, when individual and group bonuses are established, for employees who excel individually or for groups of employees who managed to create successful teams. For example, Merck believes that â€Å"individual endeavour is the key to performance† [4]. That is why it spends large financial resources on employee training and developing. In order to hire efficient employee, Merck at first â€Å"hires the best students and nurtures them in an environment that promotes both commercial viability and scientific recognition: within commercial constraints† [4]. At Merck people are motivated with by a so-called â€Å"noble purpose†, which lies in the goal â€Å"to preserve and improve life† [4]. This kind of motivation also works rather effectively, because people work thinking that they do something good for the whole humanity. 3. Relationship between Customers and Sales Representatives As it has been mentioned above, one of the key functions of sales managers and sales representatives is to establish relationship with customers. However, the establishment of long-term relationship with customers requires certain skills and knowledge. So, in order to reach a success a sales manager needs to learn customer’s needs and preferences in order to meet them, he/she needs to have certain knowledge of cultural differences within different countries if a company is operating worldwide. Knowing cultural heritage of a foreign country is necessary in order to â€Å"understand the cultural forces which shape and affect the interactions between salespeople and customers as well as the interactions between salespeople and sales managers† [2]. Because modern business environment is considerably impacted by culture, sales managers and sales people, who work directly with customers, have to understand the language, manner of speaking, body language and other cultural pec uliarities of a target audience, in a way so â€Å"their words, actions, and body language can all be strategically shaped to enhance the potential for not only a positive interaction, but also the development of a long-term profitable relationship with that customer† [2]. Operating worldwide Merck’s sales managers are adapting their patterns of working to every foreign environment they have to work at. Thus, sales managers and salespeople at Merck are aware of not only needs and preferences of their customers, but they also have sound knowledge of cultural background of their clients, which helps them to win the hearts of more and more customers. In conclusion to this point it is necessary to emphasize that nowadays many â€Å"firms believe it is more efficient to build relationships that result in long-term business† [2] rather than spending a lot of money on advertising and promotional campaigns. 4. Changing Role of Selling and Sales Management Due to multiple changes that occur (technological, demographic, economic changes) in the modern society selling and sales management also undergoes certain changes. With the wide spread of Internet and other communication means, the role of selling has changed, as new ways of selling, such as selling through the Internet, appeared. Nowadays, very often sales managers do not have to establish direct communication with customers, as they can â€Å"construct web sites on the worldwide web to provide their publics with information about the firm and its offerings† [2]. In their turn, consumers can order goods and services also over the web. In this case â€Å"the sales manager transitions from being the manager of sales to the manager of the sales force – the latter being a true managerial position† [2]. Hence, in order to work effectively in the e-commerce â€Å"the sales force must be properly selected, trained, led, and compensated to become expert at solving cus tomer problems† [2]. Demographic changes and the creation of the global market also impact the role of selling and sales management. Under these circumstances sales managers have to work with sales people from different countries and different backgrounds, which means that sales managers will have to â€Å"understand different cultures and establish management parameters that are inclusive of diverse people within the emerging workplace† [2]. Conclusion Having spoken about the role and changing nature of sales managers it is necessary to make a conclusion. Modern sales management differs from the sales management that existed 20 years ago. Though the rate of responsibility for sales managers still remains very high, they have to adapt to technological, economical changes as the world of economy continues to develop. With the creation of the Internet the role of managers changed, as they do not have to be directly involved into the communication with customers, but can communicate with them through World Wide Web. Also, the role of managers seems even greater than it was 20 years ago, as nowadays companies wish to establish long-term relationship with customers, which appears to be one of the essential tasks of sales management. Bibliography

San Lorenzo - Olmec Civilization in Veracruz

San Lorenzo - Olmec Civilization in Veracruz San Lorenzo is an Olmec period site located in the state of Veracruz, Mexico. San Lorenzo is the name of the central place in the larger San Lorenzo Tenochtitlan archaeological region. It is located on a steep plateau above the Coatzacoalcos floodplain. The site was first settled in the second millennium BC and had its heyday between 1200-900 BC. Temples, plazas, roadways and kingly residences are included in an area of about a half acre, where about 1,000 people resided. Chronology Ojochi phase (1800-1600 BC)Bajio phase (1600-1500 BC)Chicharras (1500-1400 BC)San Lorenzo A (1400-1200 BC)San Lorenzo B (1000-1200 BC) Architecture at San Lorenzo Ten colossal stone heads representing heads of past and present rulers have been found at San Lorenzo. Evidence suggests that these heads were plastered and painted in bright colors. They were arranged in ensembles and set in a plaza paved with red sand and yellow gravel. Sarcophagus-shaped thrones linked living kings with their ancestors. A royal processional aligned to the north-south axis of the plateau led the way to the center. At the center of the site are two palaces: the San Lorenzo Red Palace and the Stirling Acropolis. The Red Palace was a royal residence with a platform substructure, red floors, basalt roof support, steps and drain. The Stirling Acropolis may have been the sacred residence, and is surrounded by a pyramid, E-group and a ballcourt. Chocolate at San Lorenzo Recent analysis of 156 potsherds were collected from stratified deposits at San Lorenzo, and reported in an article in the Proceedings of the National Academy of Sciences in May of 2011. Residues of the pottery were collected and analyzed at the University of California, Davis Department of Nutrition. Of the 156 potsherds examined, 17% contained conclusive evidence of theobromine, the active incredient in chocolate. Vessel types exhibiting multiple occurrences of theobromine included open bowls, cups and bottles; the vessels date throughout the chronology at San Lorenzo. This represents the earliest evidence of chocolate use. Read more about the history of chocolate Excavators of San Lorenzo include Matthew Stirling, Michael Coe and Ann Cyphers Guillen. Sources This glossary entry is a part of the About.com Guide to the Olmec Civilization, and part of the Dictionary of Archaeology. Blomster JP, Neff H, and Glascock MD. 2005. Olmec Pottery Production and Export in Ancient Mexico Determined Through Elemental Analysis. Science 307:1068-1072. Cyphers A. 1999. From Stone to Symbols: Olmec Art in Social Context at San Lorenzo Tenochtitln. In: Grove DC, and Joyce RA, editors. Social Patterns in Pre-Classic Mesoamerica. Washington DC: Dumbarton Oaks. p 155-181. Neff H, Blomster J, Glascock MD, Bishop RL, Blackman MJ, Coe MD, Cowgill GL, Diehl RA, Houston S, Joyce AA et al. 2006. Methodological Issues In The Provenance Investigation Of Early Formative Mesoamerican Ceramics. Latin American Antiquity 17(1):54-57. Neff H, Blomster J, Glascock MD, Bishop RL, Blackman MJ, Coe MD, Cowgill GLC, Ann, Diehl RA, Houston S, Joyce AA et al. 2006. Smokescreens in the Provenance Investigation of Early Formative Mesoamerican Ceramics. Latin American Antiquity 17(1):104-118. Pohl MD, and von Nagy C. 2008. The Olmec and their contemporaries. In: Pearsall DM, editor. Encyclopedia of Archaeology. London: Elsevier Inc. p 217-230. Pool CA, Ceballos PO, del Carmen Rodrà ­guez Martà ­nez M, and Loughlin ML. 2010. The early horizon at Tres Zapotes: implications for Olmec interaction. Ancient Mesoamerica 21(01):95-105. Powis TG, Cyphers A, Gaikwad NW, Grivetti L, and Cheong K. 2011. Cacao use and the San Lorenzo Olmec. Proceedings of the National Academy of Sciences 108(21):8595-8600. Wendt CJ, and Cyphers A. 2008. How the Olmec used bitumen in ancient Mesoamerica. Journal of Anthropological Archaeology 27(2):175-191.

Understanding and Using the Simple Present Tense

Understanding and Using the Simple Present Tense The present simple tense is typically one of the first verb tenses that new English students learn. It is used to describe action that takes place on a regular basis. The present simple also can be used to express feelings, facts, opinion, and time-based events. Dont confuse the present simple tense with the present continuous tense, which is used to describe something that is currently taking place. For example: Present simple tense: I catch the bus at 8:50 a.m. to go to work. Present continuous tense: I am riding the bus to work. Want to know more about verb tenses? Check out this illustrated verb  timeline, then use these learning strategies to improve your English skills. Practicing the Present Simple Tense One good way to improve your English speaking skills is to use role-playing exercises. With a classmate or a friend, try using the following dialogue to practice the present simple tense. Mark: Hello, Can I ask you some questions for an interview? Jennifer: Yes, I can answer some questions. Mark: Thank you for taking the time. Now, first question: What do you do? Jennifer: I work in a library. Im a librarian. Mark: Are you married? Jennifer: Yes, I am. Mark: What does your husband do? Jennifer: He works as a policeman. Mark: Do you usually have dinner together? Jennifer: Yes, we do. Mark: How often does your husband exercise? Jennifer: He sometimes exercises four times a week. But, he usually exercises only twice a week. Mark: Where do you like to go on holiday? Jennifer: We rarely go on holiday. However, we like to go to the mountains if we can. Mark: What type of books do you read? Jennifer: I often read horror stories. Mark: Thank you very much for answering my questions. Jennifer: Youre welcome! When To Use Notice from the above dialogue and following chart that the present simple is often used to describe what we do every day. We use verbs of frequency (always, sometimes, usually, etc.) which indicate a habit. Other instances that call for the present simple tense include: Permanent or long-lasting situations Where do you work? The store opens at 9 a.m. She lives in New York. Regular habits and daily routines I usually get up at 7 a.m. She doesnt often go to the cinema. When do they usually have lunch? Facts The earth revolves around the sun. What does strange mean? Water doesnt boil at 20 degrees. Feelings I love walking around late at night during the summer. She hates flying! I dont want to live in Texas. Opinions and states of mind He doesnt agree with you. I think he is a wonderful student. What do you consider your best accomplishment? Timetables and schedules The plane leaves at 4 p.m. When do courses begin this semester? The train doesnt arrive until 10.35 a.m. Verb Conjugation The present simple tense can be expressed in three ways: positive, negative, or as a question. Conjugating the positive form is easy for the first- and second-person references such as I or you. Just use the root form of the verb. For third-person references, add an s to the verb. For example: I eat lunch at noon. You play tennis at noon. He walks to school every day. She watches TV in the evening. It sleeps under the couch. We study English at school They eat lunch at noon. The negative form uses the  helping verb  do for first- and second-person references and does for the third-person. You can also express the negative form as a contraction. For example: I do not leave work early on Mondays. You don’t like to watch TV. He does not understand the question. She doesn’t ride a bike. We do not have any money. They dont leave at noon. If the present simple tense is expressed in the form of a question, use do or does, followed by the subject, and the  verb in questions. For example: Do I work in this company? Do you get up early? Do we often drive to work? Do they understand French? Does he like to watch TV? Does she believe in ghosts? Does it leave at noon?

Management in the Apple Company Research Paper Example | Topics and Well Written Essays - 1250 words

Management in the Apple Company - Research Paper Example The fanatical loyalty of the Apple brand becomes obvious to an outsider when he/she sees the shoppers sleeping just next to the shop-door in an attempt to be the first one to buy the new Apple item. Apple’s success as a company and the development of liking among the people for the Apple products as well as the whole Apple culture is an outcome of prudent and timely planning. This paper looks into the way management of the Apple Company has dealt with the four management functions of planning, organizing, leading and controlling. Management Functions 1. Planning Apple’s successful strategic planning is the most fundamental reason of its success. Apple’s foresightedness is a virtue that helps the Company display excellent and realistic planning. Apple regularly assesses the risks in the planning phase, thinks of a number of ways in which the risk can be mitigated and finally, takes the action that incurs Apple the minimal cost and the offers maximal advantage to t he Company. Challenges that the Apple Company has conventionally planned for include but are not limited to the altering buying attitude of the target customers under effect of the global economy and/or their local economies, and growth in the number of fake and pirated items. Apple has frequently employed branding as a strategy to succeed in the ever-increasing competition. Branding can be defined as a process through which a brand develops association of the consumers with itself so that they would approach the very brand when they need to purchase something. There are few people who decide to purchase an Apple computer, though they surely want to try the less expensive gadgets like iPhone and iPod. Apple provides new users with an opportunity to learn about Apple by selling such gadgets at a significantly lower cost. Hence, Apple plans to use the small gadgets as advertisers to convince the users to buy larger and more expensive Apple products like Apple computers. 2. Organizing In the start, Apple was facing the problem of recognition. The sales staffers have for long been insufficiently informed of the Apple products. In order to tackle this problem, Apple resolved to establish its own stores that would have nothing but all Apple products in them. This enabled Apple not only to give a unique identity to its products amongst the similar computing devices already available in the market, but also make a customer-loyalty move. Consumers are facilitated with the establishment of Apple stores since both the PC and the Mac users can shop together. â€Å"This is a space where Macheads can not only get service but also hang out with others who enjoy Apple products just as much as they do. By creating this space, Apple encourages current and new customers to get excited about what it has to offer† (Inside CRM, 2011). 3. Leading Steve P. Jobs is Apple’s cofounder and the chief executive of the Company. Apple’s success can also be attributed to a significant extent to the exceptional leadership skills of Jobs. Jobs has invested so much energy in taking Apple from the nascent state to the level where it is today that he has taken little care of his own health. Owing to his deteriorating health, Jobs has taken medical leave for the company thrice within a period of ten years. In his absence, Timothy D. Cook used to look after the everyday works in the Apple Company. Most experts are of the view that although Jobs has

Crime Mapping and Crime Pattern in Modern Police Work Essay

Crime Mapping and Crime Pattern in Modern Police Work - Essay Example Therefore, the future f policing will continue to change however, as the future f policing changes so does the issues which can arise for individual police officers, police management and issues relating to the community. Terrorism is the issue on everyone's mind these days. Terrorism is a global disorder which American's have been fighting, and probably will be fighting for many years to come. Terrorism can be hard to define because throughout history the definition people use to define terrorism has changed as terrorism has changed. One may think terrorism has come to an end however, just when terrorism stop's being a focal point terrorism will return. Terrorism is something most people are going to be combating for many years to come. As soon as people feel the chances f a terrorist attack are over most people become comfortable and let down on terrorist defence. Americans have been lucky with few terrorist attacks on U.S. soil. However, other countries such as Iraq have not been so fortunate. Therefore, Americans should feel a sense f freedom and pride in knowing terrorism has not been a continuous problem for the United States. Future policing rely mainly on the type f society being policed-the social, economic and political realities and in more-developed countries, the technological sophistication f the populace.(Stephens, 2005) The key to policing in the future is to be able to work with the communities hand in hand. As an individual police officer, it would benefit the officer and the department as a whole if neighbourhoods and businesses would join in the efforts to monitor their communities. What is an individual police officer's role in the future f policing and terrorism The job f a police officer is complex along with demanding and dangerous. Police officer's may handle situations ranging from a routine traffic stop to a pursuit where an individual is armed and dangerous, a police officer relies on current technology and equipment which is an essential tool f his or her trade. In the twentieth century the advancement f technology proved to be effective in both control and perpetration f crime due to the rapid acceleration. Police officers are provided with technology that is constantly being defended by the offensive creations and implementations by the criminal element in society. To protect the communities every body is going to have to participate in keeping our homeland safe. There are several advances in today's technology, which likely will cause issues that causes an affect with policing. Technology is also going to be a key factor in policing against terrorism. With the internet reaching across the globe and a person's ability to access almost any information, the internet may be deemed as one f the biggest threats in aiding terrorism. Police officers are going to have to receive precise training to be able to keep up with the terrorists Police management is an essential part f a well-working counter- terrorism strategy. In the future terrorist attacks could tear the United States apart. Good police management is one way to ensure terrorist attacks will not escalate out f control. If a police department is not well-managed and prepared for a terrorist attack the police could lose control f

Genetic Engineering and Eugenics :: Exploratory Essays Research Papers

Genetic Engineering and Eugenics      The idea of genetic engineering has been a very heated topic of discussion lately. The possibilities of this topic range from cloning to gene therapy and eugenics. The most recent type, eugenics through gene therapy has created a lot of controversy. Eugenics is the study of how to improve human genetic heritage. This basically is the engineering of babies. The thought of these new designer babies raises many new questions. What are the consequences of these advances? Is it right to design an embryo in a certain way to make it into what the parents want it to be? These are just a couple of the very important questions raised by this issue. As the debate to whether eugenics should be allowed   rages on, the technology comes closer to making this possibility into a reality.    The way in which this new technology will be used is by correcting genetic problems in embryos. Extensive DNA testing will soon be able to show awaiting parents an accurate view of their embryoà ­s genes. This will allow any defects of the child to be seen. If the unborn child is perfectly healthy, no changes will be made. If a problem is spotted, the parents may turn to abortion or gene therapy. Gene therapy is the treatment of genetic diseases by introducing genetic material into the patientà ­s genes. This new process of having children where the parents decide what type of child they will have is called genetic counseling. This process will be able to not only identify health issues, but also personality traits. This is another topic that raises an interesting controversy. It allows a baby to be designed to the specific desires of the parent. The presents the question of: who is to say what another person should be like? Instead of a person's individuality being cre ated naturally it will be molded by science. Some might say that this amazing process would create some of the greatest humans that will lead mankind into the future. Others might say that genetic engineering would destroy what could be a great person by changing their personality, removing trying health situations that build character, or aborting a person before they are born.

American Civil Liberties Union vs. National Security Agency

Plaintiffs American Civil Liberties Union, et al. have alleged that the TSP violates their free speech and associational rights, as guaranteed by the First Amendment; their privacy rights, as guaranteed by the Fourth Amendment; that the principle of the Separation of Powers because the TSP has been authorized by the President in excess of his Executive Power under Article II of the Constitution; and that it is conducted without observation of any of the procedures required either by law or by the Constitution.Amici, members of Congress, elected by the citizens of the United States to enact legislations binding on all, including the President, support plaintiffs’ stance that the actions of the NSA are violative of duly enacted legislation as well as the Constitution of the United States, for the reasons below stated. First and Fourth Amendment Rights First and Fourth Amendment rights are of paramount consideration under the United States Constitution. These rights are intertwin ed, as the court wrote in Marcus v. Search Warrants, 367 U. S.717 (1961): â€Å"Historically the struggle for freedom of speech and press in England was bound up with the issue of the scope of the search and seizure. . . . This history was, of course, part of the intellectual matrix within which our own constitutional fabric was shaped. The Bill of Rights was fashioned against the background of knowledge that unrestricted power of search and seizure could also be an instrument for stifling liberty of expression. † A violation of Fourth Amendment rights results, therefore, as a necessary consequence, to a violation of First Amendment rights.It has been held that the warrant requirement under the Fourth Amendment is also applicable to electronic surveillances. In the case of Katz vs. United States, 389 U. S. 347 (1967), the Court declared that surveillances conducted for domestic security must undergo the process of procuring judicial warrant. In the absence of a judicial stamp of approval upon the intended act of domestic surveillance, such is per se unreasonable, subject only to a few well-defined exceptions.In the case of United States vs. United States District Court, 407 US 297 (1972), the court held that freedoms guaranteed under the Fourth Amendment would be wantonly and capriciously violated if the Executive branch is given unbridled access and discretion to conduct such warrantless domestic surveillances. The Fourth Amendment requires a finding of probable cause by a judicial magistrate and, absent such requisite, the search and seizure conducted becomes unconstitutional.This directive is imposed upon the executive branch whose duty is to ensure that the laws are faithfully executed. The court found therefore the need to strike a balance between the â€Å"the duty of Government to protect the domestic security, and the potential danger posed by unreasonable surveillance to individual privacy and free expression,† Justice Powell wrote that the inconvenience to the government is â€Å"justified in a free society to protect constitutional values. â€Å"That the warrant requirement is also applicable to electronic surveillances is only reasonable as First and Fourth Amendment rights were included in the United States Constitution to guard against executive abuses of power. Separation of Powers It was also argued that the chief executive has broad enough powers to conduct warrantless surveillances by virtue of the Commander-in-Chief powers granted to him by the Constitution. The argument is based upon court decisions such as United States vs.Truong Dinh Hung, 629 F. 2d 908 (4th Cir. 1980), United States vs. Butenko, 494 F. 2d 593 (3rd Cir. 1974) and United States vs. Brown, 484 F. 2d 418 (Fifth Cir. 1973), which recognize such authority as inherent and cannot be encroached by legislation. However, to sustain such argument would violate the principle of separation of powers. The concurring opinion of Justice Jackson in t he case Youngstown Sheet & Tube v. Sawyer, 343 U. S. 579 (1952) has become authoritative.It was stated that, â€Å"when the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for he can rely only upon his own Constitutional powers minus any Constitutional powers of Congress over the matter. † . Justice Taylor expounded on such pronouncement of Justice Jackson, stating that, â€Å"although the Constitution had diffused powers the better to secure liberty, the powers of the President are not fixed, but fluctuate, depending upon their junctures with the actions of Congress.Thus, if the President acted pursuant to an express or implied authorization by Congress, his power was at it maximum, or zenith. If he acted in absence of Congressional action, he was in a zone of twilight reliant upon only his own independent powers. † Moreover, assuming arguendo that the chief executive indeed has the inherent authori ty to conduct warrantless surveillances by virtue of his Commander-in-Chief powers, such power can be regulated by Congress through legislation.Such regulation consists in laying down of reasonable procedures which must be complied with before the exercise of the power becomes authorized. The inherent authority therefore is subject to acts of Congress since legislative power is plenary and cannot be subject â€Å"to presidential and military supervision and control. † This legislation is the FISA. Congress even provided that this statutory procedure laid down â€Å"shall be the exclusive means for conducting electronic surveillances,† which precludes the chief executive from exercising the power in a discretionary manner. The FISAThe FISA (Foreign Intelligence Surveillance Act) was enacted by Congress in 1978 â€Å"to restore and preserve Americans’ confidence in their ability to engage in the ‘public activity’ and ‘dissent from official poli cy’ at the heart of civil rights advocacy and meaningful public debate† after the publication of reports by the Church Committee exposing United States intelligence agencies, their operations, and abuses of the law they had committed. Since the purpose of the legislation was precisely to regulate the collection of â€Å"foreign intelligence† information in furtherance of U. S.counterintelligence in order to curb violations and abuses of power, it established certain essential requirements that the executive has to comply with first before electronic surveillances maybe undertaken by its agencies. Judicial approval is a prerequisite, a finding of probable cause that the target of surveillance is a foreign power or an agent of such, without which the executive cannot extend its strong arm, supposedly in the interest of national security. Its justification that national security requires such operations must be subjected to judicial scrutiny first, and not merely as an afterthought or a backdoor.It is specifically stated in the FISA that electronic surveillance is prohibited, unless authorized by statute. The Administration uses this provision to justify the legality of its acts and declares that under the AUMF (Authorization for the Use of Military Force), it is authorized to conduct such surveillances in light of the September 11 attacks which necessitates it to â€Å"exercise its right to self-defense and to protect US citizens both home and abroad. † Such argument is directly antithetical to what Congress has designed as a necessary limitation to the national security power.It was never the intent of Congress to give the executive a wide, almost unbridled, latitude in conducting electronic surveillances because it recognized the inherent danger and propensity of such power to be abused. U. S. Senate Majority Floor Leader Tom Daschle affirms this for a fact. When the AUMF was enacted, the Administration requested a last-minute change to the legislation and to authorize it to exercise powers appropriate and necessary against those who committed or aided the September 11 attacks.However, such request was rejected because Congress recognized that such power can be directed even against citizens of the United States. Moreover, the AUMF can hardly be regarded as a statute, within the context of the FISA. Conclusion We fully support the efforts of the government to gather information regarding terrorist groups and to seek legitimate means to prevent their efforts to attack Americans. However, legislation was laid down in order that this information-gathering be conducted within the reasonable bounds of the law. We therefore submit that this Court grant plaintiffs’ motion for summary judgment.