Overview
AP Government
Mr. Forrest
By Jeffrey Chu
5/31/2013
Amish Sue NY Community for
Religious Discrimination
Amendment I
Amendment I
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Source:
http://hosted.ap.org/dynamic/stories/A/AMISH_BUILDING_CODES?SITE=DC
USN&SECTION=HOME&TEMPLATE=DEFAULT
Amendment I gives the freedom of religion, speech, and the press. People also have
the right to gather in a peaceful way, called a Peaceably Assembly. They also have
the right to appeal to the government if something feels wrong to them, or if something
bad is happening. Freedom of religion can mean two things. People are allowed to
worship or not worship if they want to. Also, government is prohibited from promoting
religion in general, or a particular religion. Freedom of speech means that people can
make statements about the government, something about the country, or the society
they are in, as long as it does not include death threats, harm anyone, and trouble is
not caused. Freedom of the press means that people are allowed to publish and print,
and government is prohibited from interfering the publication of media and materials.
In this article, the Amish have the right to build religious homes in practicing their beliefs.
Since this New York community does not grant their permit for their religious-belief
houses due to the Amish not cooperating with their building code, the community is
violating this amendment - to have the right to have free exercise of their religion. This
was why this religious group compelled a lawsuit to this community. They could have
continued building their houses without the permit and are actually willing to pay for
this permit, but they are required to have smoke detectors, engineering plans, and
inspections, all which seem to violate their religious beliefs. Without this amendment,
the Amish could not have filed this lawsuit since they are not allowed to practice their
religion, and this is why it is important to them, and protecting their freedom. Our
founders meant to create this amendment just for cases like what the Amish
encountered, because there should be no wrong in having religious beliefs.
Man Has the Right to Bear Arms:
Kills a Man While Break-In
Amendment II
Amendment II
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Source: http://www.startribune.com/local/west/12958041.html
Amendment II states that people have the right to keep and bear arms. What this means is
that people are allowed to keep weapons. Today, this means guns or the arming of a state
militia is allowed. This amendment has caused much debate before. Some people have
argued that it only applies to militias. Some others may say that there should be no restrictions
on owning guns. Also, courts have stated some gun-control laws are made to allowed to
protect citizens from some people who would use guns for crimes. To conclude these
debates, we made this amendment to be fair to both the citizens and the militia.
In this article, a man was shot because he was invading a home at 2:45 a.m. in the morning at
Robbinsdale, Minnesota. The owner of the house had the right to use his gun, because the
gun was utilized for his self-defense. If this amendment was not created, the owner of the
house could have been robbed. To think about it worse, he could have been kidnapped or
hurt along with the other people in the house if he didn't have the right to own a gun. This
amendment is important to the Americans today because without the right to bear guns,
people may get seriously hurt from invaders and could have their property stolen. Also, it is
important to have "a well regulated militia," We have the freedom of protecting others, to
hunt, have competition, recreation, all which concludes to how people are free to do
whatever they wish to with this right. I'm sure the founders of this right have had considered
many of these tragic events to happen, and therefore, they made this right to mainly protect
ourselves, and for the sake of our loved ones.
Greening the Home Front:
A Builder Wants to Help Veterans
Amendment III
Amendment III
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Source:
http://www.homesforourtroops.org/site/News2?page=NewsArticle&id=651
3&security=1&news_iv_ctrl=-1
Amendment III states that the government cannot force people to keep soldiers in their
homes. This amendment supports the idea that citizens have a right to their own privacy. This
amendment was created so that it would not repeat what had been done during Colonial
American times, when the Quartering Act had taken place. During the colonial times, the
British had their troops in private houses commonly. After this amendment took effect, unless
with the consent of the owner, these soldiers may not be housed. It is actually legally
permissible for soldiers to be quartered during wartimes though. But during peace times, all
rights go to the owner and their privacy. Very few had remembered that this amendment
existed today, but as a reminder, it does take effect.
In this article, builder John Gonsalves sees the intensity being fought in the Iraq wars that the
soldiers fought with. He had heard the injuries of such and seemed deprived to help. He found
an organization to provide his homes for these soldiers and troops. His plan was to make fifty
houses for these soldiers, and being as a non-profit company, hopes to help these soldiers to
take in a better environment. This amendment is important to the Americans because some
may not be willing to serve soldiers due to how they may be having hard times themselves.
Also, this amendment protects our freedom by having the right to our own privacy in our
houses. The founders (James Madison) had thought about this before creating this
amendment, and how it would benefit the people and their privacy, since there has still been
proof passed down when he wrote this amendment.
Woman Goes MissingSuspects Foul Play Was Done
Search Needed…
Amendment IV
Amendment IV
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Source: http://www.kansascity.com/637/story/972114.html
Amendment IV states that government can not unreasonably search and seizure people or
their property. Some courts still debate the meaning of unreasonable, because some have
been searched unreasonably and has still been considered legal. Usually, government
respects a person's personal privacy, and will search information from or about a person,
which may constitute a search. Their reasons must be sufficient in order to be searched, not
unreasonable. A seizure of property occurs when there is some meaningful interference by
the police. When someone is arrested, that is also considered a seizure. To do a search or
seizure, a police officer or person must have a search warrant. A court must grant permission
in order for a search or seizure, in order to search and obtain evidence in a criminal
investigation.
In this article, a 35-year old woman went missing, assuming foul play has been done. An
attorney for the woman's husband grants permission for the police to search the house under
conditions. They were also allowed to search her property at work and her van, but could not
come up with anything. This amendment is important to the Americans today because
conscientious citizens should be familiar with the lawful parameters of police authority to
make searches, as well as the legal instructions by which that authority is limited. Likewise, this
amendment protects our freedom by allowing us to have privacy and time before a search
or seizure is made. I think the founders of this amendment meant to use this amendment this
way, because searches and seizers should be reasonable, as the courts put it, and should
allow the people to decide whether to be searched or not.
Woman Goes MissingSuspects Foul Play Was Done
Search Needed…
Amendment V
Amendment V
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Source: http://www.nytimes.com/2008/12/24/washington/24brfsWITNESSINSTE_BRF.html?_r=2&scp=7&sq=fifth%20amendment&st=cse
Amendment V has a few parts to it. People cannot be tried for a federal crime unless there is
enough evidence for a grand jury to agree. Also, people cannot be tried for the same crime
twice. This is referred to Double Jeopardy. People cannot be made to testify against
themselves, meaning refusing to answer a question because the answer might cause the
witness to appear guilty of the crime. This is called to "plead the Fifth," meaning that could
form self-incriminating evidence. Another part of this amendment is that people cannot be
punished without due process of law. This means that the government cannot take private
property for public use without fair payment.
In this article, a man believed he was granted immunity if he admitted the truth. Instead, he
was arrested for telling the truth. He testifies against himself in the beginning, and if he knew
his result earlier, should he have gone into refusal to admit the truth (or to plead the Fifth),
then maybe he would have ended in a different result. This amendment is important to
Americans because it helps protect witnesses from being forced to incriminate themselves. It
helps protect our freedom by not making the people deprive of life, liberty, and property,
without due process of law. Sadly, this amendment does not protect those in armed forces,
whether in war times or peace times. The founders have thought about a fair "playing field"
would be better instead of how the people have a disadvantage, since they would have to
answer all questions being asked.
Cases of Speedy Trial that violated the Sixth Amendment
Amendment VI
Amendment VI
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Source: http://www.nytimes.com/2008/12/24/washington/24brfsWITNESSINSTE_BRF.html?_r=2&scp=7&sq=fifth%20amendment&st=cse
Amendment VI gives the right for people accused of a crime to have the right to a speedy
and public trial. A speedy trail means that a person is allowed to have a fair, short trial instead
of an unreasonably length of time. Having a public trial means that a trial is open to the
public. They are also entitled to having the right to be represented by a lawyer. Not until 1963,
in Gideon v. Wainwright, the Supreme Court stated that the government had to pay for the
lawyer. In a criminal trial, the accused have the right to an impartial jury in the state and
district where the crime was committed. The right to a jury has always depended on the
offense being done, in which the complainer is charged. Also, Supreme Court gives you the
right to represent yourself, meaning self-representation is now allowed.
In this article, Kenny Hartley was arrested for killing his mother, half-brother, and half-sister. His
case took 4 1/2 years, violating the 6th amendment. He was not entitled to a speedy trial,
which endangered the constitution because state laws made it more difficult to get cases to
trials. Finally, Hartley was to be sentenced to life in prison, This amendment was important to
the Americans because it guaranteed them to know the charges made against them, and to
have a testimony of witnesses him presented before him, and to counsel for his defense. It
protects our freedom by letting us have a quick and fair trial. I think the founders meant to use
this amendment by relating how the Magna Carta was created. Some say that the origins of
this amendment trace back to then, at least for the speedy trial part, it came from the limited
powers of the Magna Carta.
Jury Makes Decision for Case of a Man
Claiming Rectal Exam had been done wrong
Amendment VII
Amendment VII
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Source:
http://cityroom.blogs.nytimes.com/2008/04/21/lawsuit/?scp=7&sq=jury&st=
cse
Amendment VII states that when one person sues another person for more than twenty dollars
(the value is more nowadays), the accused has the right to a trial by jury. When a jury makes
a decision or has evidence which are applied by a judge, it is a trial by jury. This is recognized
by the English common law to be a civil right. A jury trial should not be confused with a grand
jury proceeding. Instead, sometimes a jury may be called a petit jury, meaning a trial or small
jury. In most cases, juries are to find facts and evidence for the case, while the judge
determines the law.
In this article, a man claims that he suffered an assault and battery by the hospital workers
that performed a rectal exam. He was needed a rectal examination due to being injured at
the construction site he worked at. Later, this man sued the owner of the construction site
$4,000 as a compensation, which was allowed by the jurist. The trial lasted for eleven days,
which the judges made the decision whether the case had enough evidence to prove the
man was injured. This amendment is important to the Americans because if a jury did not
have rights, then the decision may not be made fair. It protects our freedom of the right of
being accused correctly. The founders of this amendment could have experienced many
cases where the victim may have been guilty, and they wouldn’t have wanted that to
happen again.
The History of Cruelty and Unusual Punishment
Amendment VIII
Amendment VIII
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Source: http://www.iht.com/articles/2008/05/05/opinion/edking.php
Amendment VIII states that bails and fines cannot be out of shape to the crime with which
person is charged. It also says that punishment cannot be cruel or unusual. What is “cruel and
unusual” is still debated today, just like this article. Basically, this amendment prohibits federal
government from imposing excessive bail, fines, or cruelty. What does cruel and unusual
punishment mean? When you commit a crime, you will not be punished in a harsh or weird
way, or so to say. Excessive bail is when the accused is allowed to pay a certain amount of
money to get out. This does not apply to every state, however, but to only certain ones.
In this article, Kentucky has tried a three-drug method as a way of execution is not a way of
violating the eighth amendment. It involves torture during that process, and the amendment
states that no person shall be treated with cruel or unusual punishment. Therefore, later in the
years, Court has realized they made a wrong decision. A later case about a person being
was executed by an electric chair, also another painful way to die. We can see that this
amendment is being violated even nowadays, which no one pays attention to. This
amendment is important to Americans because cruelty is not the answer to solving problems;
they should be solved by slowly learning by mistakes, and that if one is willing to sacrifice for a
bail, they are allowed to. It protects our right of a non-cruelty execution, although it has not
yet been stopped. I think the founders of this amendment had thought about limitations,
because of cruelty will not make one fix his barbarous acts.
The Right to Not Know – A Children’s Right
Amendment IX
Amendment IX
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Source: http://atheism.about.com/b/2006/01/23/school-bus-driver-firedfor-being-a-witch.htm
Amendment IX says that people have rights other than those mentioned in the Constitution.
The rights are assumed as “unenumerated” rights, and those inferred by other legal rights.
These rights include, natural, fundamental, and background ones. This amendment was
added to supplement the rights already mentioned, and because of how it is not possible to
mention every single right people of the U.S. have. The amendment protects many rights
implied in a universal civil code. Those which are linked to other rights already declared
are also implied. It protects these personal liberties from state and federal infringement.
Also, this amendment expresses rights which have not been put into the hands of the
government.
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In this article, a school bus driver was fired for being discovered that she was a witch.
The school district fired her due to her religion, and how they claim she is not a good
role model. This bus driver has the right to be whatever she wants to without complaint,
even if she wants to wear a witch costume everyday, she should not be fired because
of that. She was not in any way harming the children or discussing her religion to them
about it. The school claims that they have the right to fire someone if they feel like they
should not be around children, but little do they know that they have violated the first
amendment by accusing the driver’s religion is not appropriate when she has not done
anything. This is indeed a case of religious discrimination.
California’s Gay Marriage Rule
Amendment X
Amendment X
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Source: http://www.time.com/time/printout/0,8816,1813699,00.html
Amendment X states that people or states have all the rights not granted to the federal
government by the Constitution. This amendment is similar to an earlier provision of the
Articles of Confederation, how it would state that "Each state retains its sovereignty,
freedom, and independence, and every power, jurisdiction, and right…” The reserved
powers are not the only powers this amendment brings, but also, the state government
is allowed concurrent powers, which is for both state and federal government. This
amendment was created to limit the federal government’s power. This is generally
recognized to be truism. Supreme court does this amendment a favor by rarely ever
declaring laws unconstitutional, otherwise, it would violate this amendment.
In this article, California shows that gay marriage is allowed because the states are
allowed their own powers. Since the states have their own say on what they want to
do, California was allowed to establish the idea of gay marriage. This amendment is
very important to Americans because we can establish our own ideas and make things
happen and certain dreams come true, just like for some of us, gay marriage. It
protects our freedom by limiting certain government’s power, and so that we are
allowed to be free to think of whatever we want to. The founders of this amendment
wanted certain states to adopt certain regulations through spending power, and
therefore, they wanted us to make our own to control our power.
Make Your Own Amendment!
The next two amendments are ones that I made
to advocate issues that I think are important. Try
some yourself!
Amendment 1A – Reusable Resources
Reusable Resources Being Used
Amendment IA
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Source: None
Amendment IA states that we are required to use seventy percent reusable resources
and seventy percent less natural resources so that our natural resources will be
conserved. This amendment benefits us by saving ourselves from global warming and
running out of natural resources. This amendment is highly needed because we are
very scarce on almost every natural resource left on the planet, and if we don’t act
fast, our future generations will be at stake and our planet will be in danger. For
example, if we don’t conserve paper now, possibly ten years later our rainforests will be
entirely cut down and may not be able to use paper for a while until more trees grow
again. We should follow this amendment and use seventy percent reusable resources
so that we can prevent paper from losing its quantity.
Amendment 1B – Children Home by 11 p.m.
Children Not Home By 11 p.m. Results In Kidnap
Amendment IB
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Source: None
Amendment IB states that all children seventeen years of age of younger must be
home or supervised with an adult at 11 p.m. until 5 a.m. to prevent children and teens
from going to places unattended and getting into gang problems. This amendment is
important because many teens have gotten into gangs and possibly sexual
harassment issues late at night. Also, it is not safe for children and teens to be out at
night. They can get kidnapped or assaulted. Study shows that 354,100 kids are
abducted each year, and most kids are found missing in the morning, meaning they
go missing during the night while they aren’t home. This is why we need this
amendment so that more than half of these kids may be able to be more secure and
not get kidnapped, solving the issues of lost kids more faster.
1) Wikipedia
Copyright © 2001, Website
URL: www.wikipedia.com
2) Google (Web + Images)
URL: www.google.com
3) Kids Discover: The Constitution
Author: Lois Markham
Copyright © 2009, Kids Discover
Place: United States of America
Bibliography
Pg. 1/1 of Bibliography