Our first quiz of the spring semester will be on Mon Feb 8 and cover the Bill of Rights, the first ten amendments to the Constitution.
ASSIGNMENT 1 -- Read "Conversations With C.S. Lewis" and be prepared to give your oral presentation on your favorite chapter beginning on Monday Feb. 1
ASSIGNMENT 2 -- Below you will find the first 14 amendments to the US Constitution - Read through them completely and use them to answer the following questions. When googling, use any sources to get your answers, but the site below is VERY useful:
http://ratify.constitutioncenter.org/constitution/index_no_flash.php
Using the horizontal boxes at the top of the page, you can click on any article or amendment and read about them. Clicking on topic on the right, you can find definitions and explanations that may be helpful. SAVE THIS SITE! - you will be using it often in the second half of the year.
Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note
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 2 - Right to Bear Arms. Ratified 12/15/1791. Note
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 3 - Quartering of Soldiers. Ratified 12/15/1791. Note
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 4 - Search and Seizure. Ratified 12/15/1791.
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 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
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 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.
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 defence.
Amendment 7 - Trial by Jury in Civil Cases. Ratified 12/15/1791.
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 re-examined in any Court of the United States, than according to the rules of the common law.
Amendment 8 - Cruel and Unusual Punishment. Ratified 12/15/1791.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment 9 - Construction of Constitution. Ratified 12/15/1791.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note
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.
Amendment 11 - Judicial Limits. Ratified 2/7/1795. Note History
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Amendment 12 - Choosing the President, Vice-President. Ratified 6/15/1804. Note History The Electoral College
The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Amendment 13 - Slavery Abolished. Ratified 12/6/1865. History
1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
2. Congress shall have power to enforce this article by appropriate legislation.
Amendment 14 - Citizenship Rights. Ratified 7/9/1868. Note History
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Questions to answer - due January 25
1. What five rights are guaranteed by the first amendment?
2. What right of the people shall not be infringed in the second amendment?
3. What was it necessary to establish this right?
4. Does the second amendment state that the right guaranteed is in the state or the individual?
5. According to the third amendment, when can troops be quartered in private homes, if ever?
6. According to the fourth amendment, the people have the right to be secure in what four areas?
7. According to the fourth amendment, the people have a right to be secure in these areas against what SPECIFICALLY?
8. May law enforcement ever search you in these areas without a search warrant? If so, how and under what circumstances?
9. Google Miranda rights. What are they and where do they originate from?
10. According to the fourth amendment, what three things are necessary for a search warrant to be issued and executed?
11. Who may issue a search warrant? (google)
12. Amendment 5 - What is a 'capital' or other 'infamous' crime? (google)
13. Amendment 5 - What is a presentment or indictment? (google)
14. Amendment 5 - What is a Grand Jury? How does a Grand Jury differ from a regular jury? (google)
15. The exception to needing a grand jury indictment to hold a person for a capital or infamous offense is what?
16. What do you think this has to say concerning enemy combatants in the current war against Al Queda and other radical Islamic terrorists?
17. What is 'double jeopardy' and what does it prevent?
18. According to the fifth amendment, what is an accused criminal, by law, not required to do concerning himself?
19. According to the fifth amendment, an accused criminal may not be deprived of life, liberty, or property, without due process of law. Define 'due process.'
20. According to the fifth amendment, can an individual's property ever be seized by the government? If so , how?
21. Google and define 'eminent domain.' (extra credit- how did eminent domain once relate to the history of the Baltimore Colts football team?)
22. List all of the guaranteed legal rights an accused criminal has according to the sixth amendment.
23. The seventh amendment relates to 'suits at common law' or civil cases. What is the difference between a criminal cas and a civil case? (google)
24. A civil case covered under the seventh amendment must involve a dispute exceeding what money amount?
25. The eighth amendment states that three things may not be done to an accused criminal - name them
26. What has the Supreme Court now defined as cruel and unusual punishment? (google)
27. The ninth amendment states, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." In other words, the rights listed in the Constitution as rights of the people are not to be understood as the only rights the people have. Define 'enumeration.'
28. The tenth amendment states, "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." What does this mean? (google)
29. The eleventh amendment has to do with limits on the power of the courts and what cases they can hear. When was this amendment ratified?
30. The twelfth amendment explains the electoral college system and process of choosing a president. The Constitution was written before the party system in politics became established. The amendment was added due to the election of 1800, which showed flaws in the system. Google the Election of 1800 - Who was running for president? What was the electoral count for each candidate? How did the election turn out?
31. According to the twelfth amendment, what Senate officer presides over the counting of the votes? Google your answer and see what other office that officer holds?
32. The twelfth amendment states, "And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President." Google this statement to determine if this is still how it is done.
33. The thirteenth amendment ended for all time by law what American sin?
34. When was the thirteenth amendment ratified?
35. The first part of the fourteenth amendment relates to citizenship rights. It states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This is one of the most important and debated portions of the Constitution and we will discuss the arguments in detail later. For now, define naturalized
36. Google the phrase, 'and subject to the jurisdiction thereof." What does it mean?
37. Under this clause, states are not allowed to do three things regarding any citizen. name them.
38. Define immunities
39. Hypothetical question - A couple enters the United States and lives here as illegal immigrants and eventually, while here in the United States have a child. Under the fourteenth amendment, "Is that child an American citizen?"
40. The concept of 'incorporation' is a very important constitutional concept. essentially, it means that the incorporation or applying of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment, although some have suggested that the Privileges or Immunities Clause would be a more appropriate textual basis. The rights and guarantees of the Bill of Rights do not just legally bind the federal government, but all of the state government s also. Do you think this is a good or a bad idea? Explain why you think so.
41-50 Using the Constitution site above, click on ten topics or cases and write a brief summary of the topic or case and what you learned. A paragraph on each is fine...
ASSIGNMENT 3 -- Read the articles below and write your opinion concerning the issue on both a moral(Christian worldview) and a legal(Constitutional) level. Beginning in class on Jan 25, we will discuss issues as they relate to the Christian worldview(moral) and Constitutional (legal) perspective. My goal is to discuss two issues per week, the first hour discussing them from a moral view and the second hour from a legal view. Think about the issues from these two perspectives and come to class prepared to share your conclusions!!
issue: same-sex marriage
http://washingtontimes.com/news/2010/jan/11/groundbreaking-gay-marriage-trial-begins/?feat=home_headlines
issue: abortion
http://washingtontimes.com/news/2010/jan/11/jury-selection-tough-kan-abortion-trial/?feat=home_headlines
EXTRA CREDIT
1. find the source and reason for the slogan "mind your own business" on early colonial coins
2. Read the following article and write your opinion of it and what you feel the christian community needs to do better to fight against the sin of abortion.
http://washingtontimes.com/news/2010/jan/18/pro-lifers-to-protest-huge-clinic-in-houston/?feat=home_headlines
RESOURCES
1. The Preamble Song!
http://www.youtube.com/watch?v=aNb9AoY5XXE
2. "Conversations With C.S.Lewis" book online...The book is not complete here - only about 60 pages are provided, but for those waiting for the book, it will allow you to begin reading...Sorry for the confusion.
http://books.google.com/books?id=PMfYBt9n6IkC&dq=Conversations%20with%20CS%20Lewis&printsec=frontcover&source=bl&ots=S2KbRmRyZW&sig=TorWKvUQHiU2k7Mbx2OcqpOk3XI&hl=en&ei=roFHS6_GOsrKlAeK_9UG&sa=X&oi=book_result&ct=result&resnum=5&ved=0CBYQ6AEwBA#v=onepage&q=&f=false
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