Thursday, January 28, 2010

Homework for Week of Feb 1 - Feb 22

NOTE: ASSIGNMENT 6 HAS BEEN ADDED AND SOME DATES HAVE BEEN CHANGED DUE TO CLASS CANCELLATION ON FEB 8. READ CAREFULLY!

Assignment 1
- Study for Bill of Rights quiz on Feb 22 - Study guide below

Assignment 2 - Read "Conversations with C.S. Lewis" and be prepared for oral presentation on favorite chapter on Feb 22

Assignment 3 - Study for Amendment 10-27 quiz on March 1 (Study guide will be posted no later than Feb 22)

Assignment 4 - Catch up on any past HW assignments - this is a must to maintain high grade average in HW and class participation

NOTE - We will discuss your second half project on Mon March 1 - Topic or issue you choose to develop a debate on must be turned in for approval on March 1. Projects will be due on Mon May 3. You may go through the debatepedia web site topics to get some ideas on a topic you may wish to cover in your project

Assignment 5 - Google and write a brief summary of each of the following famous Supreme Court cases:

Plessy v Ferguson

Everson v Board of Education

Brown v Board of Education

Engel v Vitale

Miranda v Arizona

Bush v Gore

Assignment 6 - Go to debatepedia.com and read the debates below and write a brief summary of the debate question, the main points supporting both views, your opinion of the question and the arguments that led you to decide that way.

http://wiki.idebate.org/en/index.php/Debate:_Civil_disobedience

http://wiki.idebate.org/en/index.php/Debate:_Affirmative_action

http://wiki.idebate.org/en/index.php/Debate:_Home_Schooling

http://wiki.idebate.org/en/index.php/Debate:_Prohibition_of_school_prayer

http://wiki.idebate.org/en/index.php/Debate:_Prohibition_of_flag_burning

http://wiki.idebate.org/en/index.php/Debate:_School_searches_of_student_lockers


BILL of RIGHTS STUDY GUIDE


The Bill of Rights

The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution;

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:

Amendment I - 5 Freedoms

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment II - Right to Bear Arms

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III - No Quartering of Soldiers

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV - Prohibtion of Illegal Search and Seizure

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V - Accused Rights of Due Process

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI - Trial Rights

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII - Civil Trials

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII - Prohition Against Cruel and Unusual Punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX - Implied Rights Retained by the People

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X - State's Rights

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people



Other notes to know

Preamble to the Constitution: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.



George Mason - Father of the Bill of Rights

Article V of the Constitution explains the amendment process - anyone may propose an amendment to Congress; both houses of Congress must approve of the proposed amendment by a 2/3 majority and then 3/4 of the state legislatures or state conventions must approve. (38 out of 50 states)

The Bill of Rights include individual rights guaranteed to the people by the federal government.

All states had their own constitutions and bill of rights ( and still do), but most Americans demanded that a bill of rights also be included in the US Constitution so as to limit the power of the federal government and protect state and individual rights. The bill of rights was promised by Federalists so that the Constitution would be ratified.

Federalists - supported the new Constitution

Anti-federalists opposed

39 of the 55 delegates to the Constitutional Convention signed the new constitution on Sept 17, 1787 (now Constitution Day)

Three who opposed the constitution because it lacked a bill of rights and they feared, gave the federal government too much power were George Mason, Edmund Randolph, and Elbridge Gerry.

John Jay, Alexander Hamilton, and James Madison were Federalists who wrote a series of 85 essays in support of ratifying the Constitution first published in newspapers and then put in book form called "The Federalist Papers."

The essays were originally anonymous - the writer of each essay signed them "Publius," in honor of Roman consul Publius Valerius Publicola. His name means "friend of the people and Publius served as the highest elected office in the Roman Republic. He was a leader of the revolution that established a Roman Republic in 509 BC. He was known as a champion of national liberty.

Many consider the Bill of Rights to be the most important part of the Constitution because it set definite limits to government regarding individual liberties found in no other government in the world at that time.

Out of over 10,ooo amendments proposed, only 27 have been ratified.

The Bill of Rights was proposed officially by James Madison to the First Congress in 1789 and was ratified on December 15, 1791

The United States will have been governed by the Constitution for 221 years on March 4, 2010. The ninth state, New Hampshire ratified the constitution on June 21, 1788 and the Congress designated the official governance of the cosntitution to begin on March 4, 1789. The United States Constitution is the OLDEST constitution in continuous use in the history of the world.

President Abraham Lincoln revered both the Declaration of Independence and the US Constitution. He once used imagery from the book of Proverbs to describe them. He said that the Declaration and it's guarantee of freedom and liberty based upon God given natural rights formed the foundation of human equality for all men - he called human equality under God the "SHEET ANCHOR (or foundation) of the American republic." The Constitution he said, must be revered and obeyed because it was the method through which power could be limited and individual freedom under God guaranteed. It did not give, but protected or framed the beautiful declaration and it's eternal rights, thus he referred to the two great documents of our founding as "apple of gold (the declaration and it's principles) in pictures of silver (the constitution and it's protections). The picture (or frame), he said, was made for the apple, not the apple for the frame ....amazing stuff...


Fourteen original copies of the Bill of Rights exists - one is on display at the National Archives in Washington DC, along with the Constitution and the Declaration of Independence

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