Saturday, January 25, 2020

AN analysis of child labour in india

AN analysis of child labour in india Child labour has been in India from a long time in some form or the other. Practice of child labour in match box industries, glass bangle industries and is very commonly seen in cheap restaurants and dhabas etc. Generally speaking child labour can be said to be the exploitation or abuse of children in factories, industries etc, who are below the age specified by law working (mentally or physically) to earn for his/her own survival or to support his/her family partially or fully, and which prevents his/her social and education development may be said to be child labour. The reasons which are generally responsible for child labour may include  [1]  : Poverty, Ignorance, Illiteracy, Population explosion, Lack of knowledge of their own rights, Big amounts of debt on the parents, Large size of family but not enough income to support such big family, Lack of social security scheme in the country, Weak enforcement of labour laws. According to an U.N.O report India has the maximum child labour in the world i.e. approx 20 per cent.  [2]  On the basis of Census 1991 and various governmental and non-governmental organizations following are the number of child labourers in India  [3]  : Census 1991 2.63 crore, Organization research group, Baroda, 1994-95 4.44 crore, Centre for concern of Child Labour 10 crore. Extra-governmental volunteer organization more than 5 crore. The numbers may vary according to different organizations but the fact is clear that the numbers of child labourers in India are in crores, which is again a pathetic sight, especially with all the various child labour legislation and the Constitutional provisions. In a report by the Labour Ministry every 4th child is a child labour, aged between 5-14 years and there is one child labour in every three families.  [4]   But its not as if Indian governments havent done anything about this grave social stigma, over the years it has enacted many statutory legislations and Constitutional provisions in order to eradicate the problem of child labour, to name some of them, we have: Labour legislations: The Child Labour Act, 1986, The Factories Act, 1948, The Mines Act, 1952, The Right of Children to Free and Compulsory Education Act, 2009, The Minimum Wages Act, 1948, The Juvenile Justice (Care and Protection) of Children Act, 2000 Constitutional provisions  [5]  : Article 24 provides: strictly prohibits children to work in hazardous environment. Article 21, 45 gives the right to education to all the children below the age of 14years. Article 39 declares the duty of the State to provide the children a free facilities to develop in conditions of freedom and dignity in a healthy manner. India is also a party to the United Nations Declaration on the Rights of the Child, 1959. India is also a signatory to: ILO Forced Labour Convention (No. 29); ILO Abolition of Forced Labour Convention (No. 105); UN Convention on the Rights of the Child (CRC). World Declaration on the Survival, Protection and Development of Children. The Government of India adopted the National Policy for Children (NPC) in August 1974. This Policy provided that  [6]  It shall be the policy of the state to provide adequate service to children both before and after birth and through the period of their growth, to ensure their full physical, mental and social development. The State shall progressively increase the scope of such services so that, within a reasonable time, all children in the country enjoy optimum conditions for their balanced growth. Indian is also a party to United Nations Declaration on the Rights of the Child, 1959 and Convention on the Rights of the Child, 1992 and has formulated its labour laws in accordance to International Labour Conference resolution of 1979. The first part of the paper aims to look into the various legislations relating to child labour. In the second part we shall look into the various precedents set by the Supreme Court of India on the issue of child labour and finally the conclusion. Chapter 1 CONSTITUTIONLA AND STATUTORY PROVISIONS Constitutional provisions The government of India has enacted various labour laws has in accordance to International Labour Conference resolution of 1979. The Constitution of India, through various articles enshrined in the Fundamental Rights and the Directive Principles of State Policy, lays down that: Article 21 (A) The State shall provide free and compulsory education to all children of the age six to 14 years; Article 24 No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. The word hazardous employment in Art 24 also includes construction industry, also in P.N. v. U.O.I  [7]  , it has been laid down that Art 24 is enforceable even in the absence of implementing legislations;  [8]   Article 39(e) States that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; Article 39(f) States that childhood and youth are protected against exploitation and against moral and material abandonment  [9]  . Hence Art 39 in whole requires the state to ensure and protect the children and provide proper child care. Article 45 The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years The framers of the Constitution imposed a duty on the State under Article 45 as one of the directive principles of the State Policy to provide free and compulsory education to all children until they complete the age of 14 year with the sole objective of completely eradicating illiteracy and child labour. Also many of the states had passed various Acts providing for free and compulsory primary or elementary education to children. But unfortunately years after the commencement of the Constitution the goal set by this Article which was to be achieved in 10 years, have yet not been reached. But the provision in article 39(f) and 45 of the constitution gave certain directions in providing a better quality of life of children employed in the factories. Labour legislations The Child Labour (Prohibition and Regulation) Act, 1986: The Act prohibits the employment of children below the age of 14 years in 13 occupations and 51 processes that are hazardous to the childrens lives and health listed in the Schedule to the Act  [10]  . The Factories Act, 1948: The Act completely prohibits children working below the age of 14 years  [11]  . It further states that if a child is between 15 and 18 years of age, can be employed in a factory only if he has a certificate of fitness granted with reference to him under section 69 which is in the custody of the manager of the factory. The Act also says that no child shall be employed or permitted to work, in any factory for more than four and a half hours in any day; The Mines Act, 1952: The Act prohibits the employment of children in mines, who have not completed their 15th year. The Juvenile Justice (Care and Protection) of Children Act, 2000: This Act was last amended in 2002 in conformity with the UN Convention on the Rights of the Child covers young persons below 18 years of age. Section 26 of this Act deals with the Exploitation of a Juvenile or Child Employee, and provides in relevant part, that whoever procures a juvenile or the child for the purpose of any hazardous employment and keeps him in bondage and withholds his earnings or uses such earning for his own purposes shall be punishable with imprisonment for a term which may extend to three years and shall also be liable for fine. The Right of Children to Free and Compulsory Education Act, 2009: The Act states that all children aged 6 to 14 years shall be provided free and compulsory education. It further states that all private schools should allocated 25 per cent of their seats for disadvantaged and differently abled children. Chapters 2 Precedents set by Supreme Court Though the government of India has enacted various labour legislations to prevent child labour still there are some contradiction among them, mainly the definitional debates on child labour as different legislation provide different definition of a child. Section 2(ii) of The Child Labour (Prohibition and Regulation) Act, 1986, defines child as a person who has not completed his fourteenth year of age; Section 2(c) of The Factories Act, 1948 defines child as a person who has not completed his fifteenth year of age; Section 2(e) of The Mines Act, 1952 defines child as a person who has not completed his fifteenth year; Section 2(c) of The Right of Children to Free and Compulsory Education Act, 2009, defines child as male or female child of the age of six to fourteen years; Section 2(k) of The Juvenile Justice (Care and Protection) of Children Act, 2000 defines child as a person who has not completed eighteenth year of age; Section 2(c) of The Plantations Labour Act, 1951 defines child as a person who has not completed his fourteenth year of age Hence, we can clearly observe that these legislation are at contradiction to each other in defining whos a child and setting an uniform age limit. Therefore the centre and respective state governments should set a uniform universal minimum age of the child as these contradictions adversely affect the objective of protection from child labour and providing a better educational and social development to children of India. Following are few of important Supreme Court cases that have helped in framing better laws regarding child labour: In Democratic Rights V. Union of India  [12]  , it was contended that the Employment of Children Act, 1938 was not applicable in the matter of employment of children in construction works, as it was not mentioned in the act. But the court held even construction work is a hazardous employment and no child below the age of 14 years can be employed as given under Art 24 of the Indian Constitution, even though construction industry has not been specified in the schedule to the Employment of children Act, 1938, thus the SC rejected the contention. In Salal Hydro Project vs. Jammu and Kashmir  [13]  , the Court has restated the principle laid in Democratic Rights V. Union of India  [14]  that Construction work is hazardous employment and any child below 14 cannot be employed in this work. In Sheela Barse and others vs Union of India and others  [15]  , Bhagawati, C.J. quoted from National Policy for the welfare of Children incorporated to provide better social and educational development to the children of India : The Nations children a supremely important asset. Their nurture and solicitude are our responsibility. Childrens programme should find a prominent part in our national plans for the development of human resources, so that our children grow up to become robust citizens, physically fit, mentally alert and morally healthy, endowed with the skill and motivations needed by society. Equal opportunities for development to all children during the period of growth should be our aim, for this would serve our large purpose of reducing inequality and ensuring social justice. In M.C. Mehta v State of Tamil Nadu Ors  [16]  , the SC gave direction to the Union and state governments to identify all children and withdraw them from working in hazardous processes and occupations, and to provide them with free and proper education as incorporated into the Constitution, Artcle 21-A. The Court also directed the Union and state governments to set up a Child Labour Rehabilitation-cum-Welfare Fund using contributions from employers who breach the Child Labour Act. In Unnikrishnan v. State of Andhra Pradesh,  [17]  the SC held that every child has the right to free education till the age of 14 years. Artcle 21-A which was incorporated into the Constitution, reflects this standard. CONCLUSION It is said that child is the father of man, and the children of our country are our biggest asset. The government of India has enacted several laws in order to provide healthy social and educational environment for the children. But in spite of all the laws enacted, problem of child labour still persists in our Indian society that is because child labour laws are themselves flawed in some way or the other or suffer from poor implementation of programmes. Though awareness towards child labour has increased and now there are several NGOs trying their best, but today what we require is to take concrete actions, the central and respective state governments need to provide for better machinery for enforcing child labour laws. Unless this is achieved our country wont be completely free the burden of child labour.

Friday, January 17, 2020

Cargills( Ceylon)

Cargills at a Glance Cargills (Ceylon) PLC is a Sri Lankan corporate established in 1844 and built on a strong foundation of values and ethics. Guided by trusted leadership it spearheads the sustainable development of the food industry in Sri Lanka. Its continuous investment in retail has made the Cargills retail arm Cargills Food City the largest retailer in the island in all categories. Pursuing innovation and food safety its manufacturing brands Cargills Supremo and Cargills Finest (processed meats) Cargills Kist (processed fruits and vegetables) and Cargills Magic (ice cream and dairy products) lead sectoral growth.Its KFC franchise is the largest international restaurant chain in Sri Lanka. Through its marketing and distribution arm spread across the island Cargills distributes its manufactured brands as well as internationally renowned food and non-food brands. The Cargills agribusiness model has gained global recognition for linking farmers and entrepreneurs to the market thro ugh a sustainable and inclusive value creation process. Key business 1. Modern retailing 2. Manufacturing 3. Agri Business 4. Restaurants 5. Distribution Subsidiary Companies †¢Cargills Quality Foods (Pvt) Ltd †¢Cargills Distributors (Pvt) Ltd Cargills Quality Dairies (Pvt) Ltd †¢Cargills Food Processors (Pvt) Ltd †¢Cargills Food Services (Pvt) Ltd †¢CPC Agrifoods Ltd †¢CPC Lanka Ltd †¢Cargills Retail (Pvt) Ltd †¢Millers Distributors Ltd †¢Cargills (Ceylon) Plc (Cargills) operates in the retail chain of food outlets. The company also engaged in food manufacturing and †¢restaurant chain sectors. Cargills operates through its ten subsidiaries. Cargills is the official franchisee for Kentucky Fried Chicken †¢(KFC) in Sri Lanka. It also provides distribution and FMCG manufacturing services. The company also offers discount sales to its †¢products.Cargills operates through its 116 outlets across 19 districts in Sri Lanka. Cargil ls is headquartered at Colombo, Sri Lanka †¢Pricing and availability are what drives the economy of the fast food industry. They effectively penetrate markets with advertising campaigns that cater to a whole range of demographics that make them a need in high demand in almost all US geographic locations. With specialized and highly focused franchise management and vast distribution channel they can be established themselves in a new community almost overnight creating instant revenue and jobs wherever demand is present.Economic Characteristics OF THE FOOD AND DRUG RETAIL INDUSTRYIt is extremely important to understand what the dominant economic factors are in an industry in which you are participating. These factors have a very strong influence in determining the corporate strategies that a company will decide to implement. How can a corporation define and implement their corporate strategy without understanding the environment of the market they are in? They simply can not!The economic factors to be considered are as follows: market size, scope of competitive rivalry, market growth rate, number of rivals, number of customers, degree of vertical integration, economies of scales, resource requirements for market entry, and profitability of the industry. Each one of these factors will be defined in the following paragraphs. The supermarket retail market is a $363 billion industry(sales 2000). Approximately $272 billion in sales, or 75%, is achieved by 25 companies with 16,000 stores. The total number of retail grocery stores total 127,000.It is obvious that the market share is dominated by a select few corporations. The largest company is Kroger (11% market share), followed closely by Albertson’s(9%), Safeway(6%), and Win The number of rivals in this industry is becoming more important to recognize. According to Progressive Grocer, supermarket sales have increased 5. Gross margins are approximately 2% greater for a supermarket when they have access t o a distribution center. In closing, the supermarket industry is profitable. All indications in the research that I have done leads me to believe that sales have increased at the same pace in 2000 that it did in 1999.These companies manufacture some of their products in inventory. Because of the single-person and one-parent households, less people are frequenting the grocery stores and more people are eating out at restaurants. Kroger brand(private label) products account for approximately 25% of their grocery sales and almost 9% of drugs and general merchandise. Albertson†tms has acquired American Food to increase their market share in the West region. Kroger is the only major supermarket operator to implement a three-tier distribution system. As stated above, the top 25 companies capture 75% of the market.Safeway, SuperValu, and Kroger are the only companies that go even further upstream concerning vertical integration. They use these facilities to produce private label prod ucts. The growth has been driven by increasing affluence and the rise of a middle class; the entry of women into the workforce; with a consequent incentive to seek out easy-to-prepare foods; the growth in the use of refrigerators, making it possible to shop weekly instead of daily; and the growth in car ownership, facilitating journeys to distant stores and purchases of large quantities of goods.The opportunities presented by this potential have encouraged several European companies to invest in these markets (mainly in Asia) and American companies to invest in Latin America and China. Local companies also entered the market. [12] Initial development of supermarkets has now been followed by hypermarket growth. In addition there were investments by companies such as Makro and Metro in large-scale Cash-and-Carry operations.While the growth in sales of processed foods in these countries has been much more rapid than the growth in fresh food sales, the imperative nature of supermarkets to achieve economies of scale in purchasing, means that the expansion of supermarkets in these countries has important repercussions for small farmers, particularly those growing perishable crops. New supply chains have developed involving cluster formation; development of specialized wholesalers; leading farmers organizing supply; and farmer associations or cooperatives.Cargills (Ceylon) entered the Business Today TOP 10 list a year ago at the tenth place and this year notched one place up to number nine. Having evolved from its original four department stores, Cargills (Ceylon) is today the fastest growing and largest retail chain in Sri Lanka. The company continues to invest in food and agriculture, and with the expansion of the retail outlets to 136 during the year, new opportunities were reportedly presented to more rural famers and entrepreneurs. The company is also actively participating in the revival of the Eastern Province with the opening of outlets in Batticaloa, Ampara and Trincomalee.At present Cargills has established its presence in 23 districts of the country. Cargills (Ceylon) owns and operates its own manufacturing and distribution arm. The company also owns the KFC franchise in Sri Lanka, and it introduced the first KFC drive-thru in the South Asia region. During the year a full year of operation of Millers Distribution was brought under the fold of Cargills. An Island-wide reach and distribution capability of Millers is expected to help Cagills (Ceylon) further penetrate the market. Turnover of the company during the year was Rs 16 billion and profit after tax was Rs 499 million.

Thursday, January 9, 2020

BUSH Surname Origin and Last Name Meaning

Bush is an English surname meaning either: Dweller near a bush or a thicket of bushes, a  wood or a grove, from the Middle English bushe (probably  from either the Old English word busc or the  Old Norse  buskr), meaning bush.Dweller at the sign of a bush (usually a wine merchant). The Bush surname could also be an Americanized version of the German surname Busch. Alternate Surname Spellings:  BUSCH, BISH, BYSH, BYSSHE, BUSSCHE, BUSCHER, BOSCHE, BUSHE, BOSCH, BOUSHE, CUTBUSH Where in the World is the BUSH Surname Found? According to  WorldNames public profiler, the Bush surname is found most prevalently in the United States, with an especially strong presence in the states of Alabama, Kentucky, Mississippi, Georgia and West Virginia. The name is also more popular in New Zealand and Australia, as well as England (especially the East Anglia region). Famous People With the BUSH Surname George H. W. Bush -  41st President of the United StatesGeorge Walker Bush - 43rd President of the United StatesJeb Bush - Governor of Florida from 1998–2007George Washington Bush -  black pioneer settler of the Pacific NorthwestReggie Bush - American football running back for the NFLSarah Bush Lincoln - Stepmother of Abraham LincolnKate Bush -  English singer-songwriter, dancer and record producer Genealogy Resources for the Surname BUSH Bush Surname DNA Project: Any individual with a Bush lineage (or some variant of this name, such as Busch) from anywhere in the world is encouraged to participate in this DNA study, incorporating Y-DNA testing with traditional genealogy research to sort out Bush lineages around the world. Bush Family Association of America: Open to all descendants of, and others actively interested in, the Bush line of  Prescott and Susannah Hines Bush of Edgefield, South Carolina and Webster County, Georgia. Bush Family Genealogy Forum: Search this popular genealogy forum for the Bush surname to find others who might be researching your ancestors, or post your own Bush surname query. FamilySearch - BUSH Genealogy: Explore over 2 million results, including digitized records, database entries, and online family trees for the Bush surname and its variations on the FREE FamilySearch website, courtesy of the Church of Jesus Christ of Latter-day Saints. Rootsweb - BUSH Genealogy Mailing List: Join this free genealogy mailing list for discussion  and sharing of information regarding the Bush surname, or search/browse the mailing list archives. The Bush Genealogy and Family Tree Page: Browse genealogy records and links to genealogical and historical records for individuals with the Bush surname from the website of Genealogy Today. Sources Cottle, Basil. Penguin Dictionary of Surnames. Baltimore, MD: Penguin Books, 1967.Dorward, David. Scottish Surnames. Collins Celtic (Pocket edition), 1998.Fucilla, Joseph. Our Italian Surnames. Genealogical Publishing Company, 2003.Hanks, Patrick and Flavia Hodges. A Dictionary of Surnames. Oxford University Press, 1989.Hanks, Patrick. Dictionary of American Family Names. Oxford University Press, 2003.Reaney, P.H. A Dictionary of English Surnames. Oxford University Press, 1997.Smith, Elsdon C. American Surnames. Genealogical Publishing Company, 1997.

Wednesday, January 1, 2020

Ronald Reagan s Foreign Policy - 999 Words

Ronald Reagan was an actor and cowboy that must of the world didn’t take serious at first! But once he took the oath of office; he would get the world’s attention. He enters into office with the United States in an economic and military mess. He would fix the economic mess by cutting taxes and jump starting the economy. The military would be fixed by his Doctrine. The Reagan Doctrine was an aggressive foreign policy from 1981-87 in his first term as President he designed a plan to roll back Communism at its weakest points, and weaken the U.S.S.R by targeting the overthrow of its marginal allies in the non-industrialized World. Many pundits argue that it was a smashing success and dramatically undermined the power of the U.S.S.R, forcing it to retreat, and collapse by 1989. Reagan s foreign policy could be stated by his view of the U.S.S.R as the Evil Empire that is an illegitimate state. He rejected the dà ©tente policy that Richard Nixon, Gerald Ford and Jimmy Carter had pursued until 1979, when the U.S.S.R invaded Afghanistan proved its failure. Reagan long had opposed the containment strategy. Reagan instead proposed Rollback, a strategy to steadily reduce and eventually eliminate the Communist threat. In 1981 the newly elected Reagan rejected Henry Kissinger and other advocates of dà ©tente and brought in hard-liners, many of them previously associated with Democratic Senator Henry Jackson. The Reagan Doctrine in fact operated as early as 1981, without a name, butShow MoreRelatedPresident Ronald Reagan s Foreign Policy1147 Words   |  5 PagesReagan’s Foreign Policy Some may say, President Ronald Reagan was defined by his foreign policy. Some may also consider that he made difficult decisions during his presidency in America. Unfortunately, he also made many mistakes as a president. Some think that his foreign policy is one of the errors that he made. 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