AMERICAN GOVERNMENT I - HOMEWORK ASSIGNMENT …



Edward R. Murrow H.S. Social Studies Department

Mr. Barge, Principal Government

Government Homework Packet

Directions: Each homework assignment should have your name, date, homework number and band on the top of the page. The entire homework assignment must be securely attached together or you will lose points on your assignment. Answers should be written in complete sentences and in your own words.

Grading Rubric:

• 0 -Less than half of the questions are answered. Little attempt is made. Homework is plagiarized from another student.

• 1 - Answers are not in complete sentences. Attempt is made but answer is not clear. LATE HOMEWORK.

• 2 - Answers are correct and in complete sentences.

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Homework #1 Types of Government

1. Describe the strength and one weakness of each of these governments. (You should have a total of 6 complete sentences)

2. If you had a choice of living in one of these government societies, which would it be and why? (Answer should be at least 4 sentences and should have at least 3 reasons why)

3. Which phrase from the Declaration of Independence most clearly reflects the idea that the people are the source of government?

a. “. . . that all men are created equal,...”

b. “. .. all men are . . . endowed by their Creator with certain unalienable rights

c. “. . . deriving their just powers from the consent of the governed. . .“

d. “. . . governments long established should not be changed for light and transient causes . . .

|Totalitarian/Dictator/Monarchy |Representative Democracy (Republican) |Democracy |

|Under authoritarian systems, all power is concentrated |The powers of government are limited by a |Democracy is literally "rule by the people". The |

|in one person or a small group. The people live strong |constitutional government. In this limited government|eighteenth-century philosophy of democracy may be |

|rules or laws and do not have an effective way to |the leaders are elected by the people to make |couched in the following definition: “the democratic |

|restrain the power of the rulers. Totalitarian |important decisions. These leaders should not misuse|method is that institutional arrangement for arriving|

|governments regulate every part of the lives of |the powers they have been given or they could not be |at political decisions which realizes the common good|

|individuals. An unlimited power is given to rulers with|reelected. It insists that all people, including |by making the people itself decide issues … in order |

|out a “constitution.” The people in power cannot be |people the members of government must obey the laws. |to carry out its will." In this government all |

|easily removed from office by peaceful and legal means.| |people vote on all decisions and laws. |

************************************************************************************************** Homework #2 The Constitution

1. Identify the six basic principles of the constitution and describe each IN YOUR OWN WORDS (at least 6 sentences)

2. Explain which 2 principles you think are the most important to having a good government and how it helps the citizens of the United States. (Should be at least 4-6 sentences)

3. One way in which the authors of the Constitution tried to create “limited government” was by providing for

a. a loyal opposition through a two-party system

b. a division of power between the national and state governments

c. the establishment of naturalization laws

d. the popular election of Federal judges

************************************************************************************************** Homework #3 Separation of Powers

1. How does the constitution ensure (make sure) there is a separation of powers?

2. Why did the founders want to make sure power was separated? (Use the quote about “Ambition…”)

3. Put three powers in your own words.

4. The system of checks and balances is best illustrated by the power of

a. the President to veto a bill passed by Congress

b. Congress to censure one of its members

c. a governor to send the National Guard to stop a riot

d. state and Federal governments to levy and collect taxes

|Article I-Legislative |Article II-Executive |Article III-Judicial |

|The first article of the Constitution says "ALL |The second article vests "the executive power...in a |The third article places the "judicial power of the |

|legislative powers...shall be vested in a Congress."  |President. |United States in one Supreme Court" and "in such |

| | |inferior Courts as the Congress...may establish."  |

|To regulate commerce (trade) with foreign nations, and|The President shall be commander in chief of the Army |The judicial power shall extend to all cases, in law, |

|among the several states…; |and Navy of the United States, and of the militia of |arising under this Constitution, the laws of the |

| |the several states. |United States, and treaties made, or which shall be |

|To declare war… and make rules concerning captures on | |made, under the authority of the Constitution and the |

|land and water; |The President shall choose ambassadors, other public |laws of the United States. |

| |ministers and consuls, judges of the Supreme Court, | |

|To make all laws which shall be necessary and proper |and all other officers of the United States. |The Supreme Court can rule laws unconstitutional, |

|for carrying into execution the powers stated above… | |which means they can delete a law which Congress wrote|

| |He shall take care that the laws be faithfully |and the President signed into law |

| |executed. | |

|Separation of powers serves several goals. Separation prevents concentration of power (seen as the root of tyranny) and provides each branch with weapons to fight |

|off encroachment by the other two branches. As James Madison argued in the Federalist Papers (No. 51), "Ambition must be made to counteract ambition." Clearly, our|

|system of separated powers is not designed to maximize efficiency; it is designed to maximize freedom. |

************************************************************************************************** Homework #4 Political Parties

1. Explain 5 “typical beliefs” that the Democratic Party have on the Economy, National Defense, Health Care, Education and the Court System

2. Explain 5 “typical beliefs” of the Republican Party have on Economy, National Defense, Health Care, Education and the Court System.

3. Explain 3 reasons why after answering researching both parties and B you would be a Democrat, Republican or Independent (neither side)

4. The major role of political parties in the United States is to

a. protect the American public from corrupt public officials

b. insure that free and honest elections are held

c. nominate candidates for public office and conduct campaigns

d. meet constitutional requirements for choosing the President

************************************************************************************************** Homework #5 Legislative Branch – Congress

1. What is bicameralism?

2. Explain at least 5 differences between the House and Senate in complete sentences. Should be at least 10 sentences explaining the differences

3.The authors of the United States Constitution believed that the voice of the people should be heard frequently. Which part of the Government was instituted to respond most directly to the will of the people?

a. Senate

b. House of Representatives

c. Supreme Court

d. President

Readings for Homework 5 are on the next page.

|The House of Representatives |The Senate |

|The House of Representatives has 435 voting Members and five Delegates, each serving a two year |The Senate has 100 members and is the upper house of the |

|term, and one Resident Commissioner who serves for four years. The House of Representatives is |United States Congress. It is called the upper house because |

|referred to as the lower house of the United States Congress, because it has more Members than |it has fewer members than the House of Representatives and |

|the Senate. It also has powers not granted to the Senate, like the ability to elect the |has powers not granted to the House, such as giving approval |

|President if the Electoral College is tied. |to appointments of Cabinet secretaries and federal judges. |

|The creation of the House of Representatives addressed the wishes of the delegates from larger |The creation of the Senate addressed the concern of the |

|states during the Philadelphia Convention. States are divided into congressional districts, |delegates from smaller states at the Philadelphia Convention |

|based on population, and each Congressional district is represented by one Member. If an entire |because each state, regardless of the size of its population,|

|state’s population does not meet the population criteria for a district, then a Member is |is represented by two Senators. Senators serve six year terms|

|elected “at large,” meaning he or she represents the entire state. Both Vermont and Montana are |and both Senators from the same state are never up for |

|represented by Members at Large. |re-election at the same time. |

************************************************************************************************** Homework #6 Legislative Branch -Congressional Powers

1. What does enumerated powers mean? (In your own words.)

2. The constitution says congress can make laws “necessary and proper,” should this be seen broadly to give a lot of powers to Congress or strictly to give a little bit of power to Congress? Explain why.

3. Congress shall have power . . . to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States. . . .” This statement from the United States Constitution is the source of

a. veto power

b. implied powers

c. judicial review

d. states’ rights

************************************************************************************************** Homework #7 Electoral College

1. Explain: How states get a number of ‘Electors’? How many has New York? California? Texas? Penn? Ohio? FL?

2. Explain: How are electoral votes awarded to a candidate? (How is the winning candidate determined by the Electoral College?)

3. Which action could eliminate the electoral college?

a. a Supreme Court ruling

b. a Presidential order

c. passage of legislation by Congress

d. ratification of a constitutional amendment

Readings for Homework 7 are on the next page.

************************************************************************************************** Homework #8 The Executive Branch – The President

1. Write a classified ad for the “Help Wanted” section of the newspaper. Your ad should be written as if it is seeking a new President of the United States of America. Your ad must show your understanding of the role of the President by containing:

• Requirement sand previous experience preferred for the position (how old? born where? Etc.)

• What the position will entail( duties, roles, and responsibilities)

2. Which Presidential action is an example of the unwritten constitution?

a. appointing Justices to the Supreme Court

b. granting pardons for Federal crimes

c. submitting a treaty to the Senate for ratification

d. consulting with the Cabinet

************************************************************************************************** Homework #9 The Judicial Branch – The Courts

1. Explain the power that the Article III gives to the Supreme Court.

2. Describe two checks and balances that Congress has on the Supreme Court.

3. Explain the two ways that a case reaches the Supreme Court. (Original and Appellate Jurisdiction)

4. In the U.S., the use of implied powers, the amending process and Supreme Court interpretations have resulted in

a. general loss of individual rights

b. strengthening of the principle of separation of powers

c. the Constitution being adapted to fit changing times

d. the limiting of President power in domestic affairs

************************************************************************************************** Homework #10 The Bill of Rights

1. Explain in order the three most important rights in the Bill of Rights.

2. Why are they the most important three rights to you?

3. The major reason the Bill of Rights was added to the United States Constitution was to

a. limit the power of state governments

b. protect individual liberties against abuse by the Federal Government

c. provide for equal treatment of all people

d. separate powers between the three branches of government

Readings for Homework 10 are on the next page.

************************************************************************************************** Homework #11 1st Amendment - Freedom of Religion: Establishment Clause and the Free Exercise Clause

1. What is the difference between the Establishment Clause and the Free Exercise Clause?

2. Does the Pledge of Allegiance violate the Establishment clause by supporting religion? Explain. (5 sentences)

3. Which factor has made the strongest contribution to the development of religious freedom in the United States?

a. Most citizens have shared the same religious beliefs.

b. Religious groups have remained politically unified.

c. School prayer has been ruled constitutional by the Supreme Court.

d. Guarantees in the Constitution have encouraged religious expression and toleration.

************************************************************************************************** Homework #12 1st Amendment - Freedom of Religion: Establishment Clause and the Free Exercise Clause 1. Do you agree with the Supreme Court’s decision? Why or why not? (5 sentences)

2. Should businesses be able to restrict religious clothing? If yes, under what circumstances? If no, why not?

************************************************************************************************** Homework #13 1st Amendment - Freedom of Speech

1. Should student speech be limited in these two cases? Explain why or why not for BOTH CASES!! (2 Paragraphs)

2. “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic.” - Justice Oliver Wendell Holmes

Which interpretation of the Bill of Rights does this statement illustrate?

a. the needs of the government are more important than civil liberties

b. constitutional protections of liberty are not absolute

c. the Supreme Court can eliminate freedoms listed in the Bill of Rights

d. the Bill of Rights does not safeguard individual liberties

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Homework #14 2nd Amendment – Right to Bear Arms

1. Summarize the newspaper article in your own words. (4 sentences)

2. Which do you think will prevent more shootings – the government changing gun laws or private businesses taking actions like checking bags? (10 sentences)

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Homework #15 4th Amendment – Search and Seizure

1. What rights are protected by the 4th Amendment?

2. Why do police use Stop and Frisk?

3. Based on the 4th amendment, should the police be allowed to use stop and frisk?

4. “. . . no warrants shall issue, but upon probable cause, . . . and particularly describing the place to be searched, and the persons or things to be seized.” This section of the 4th Amendment to the United States Constitution addresses the issue of

a. states rights

b. separation of powers

c. implied powers

d. limits on governmental power

Readings for Homework 15 are on the next page.

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Homework #16 5th Amendment – Right to Not Incriminate Yourself

1. Explain the 5th Amendment in your own words.

2. How does the statement protect your 5th Amendment rights? (5 sentences)

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Homework #17 6th Amendment – Right to Not Incriminate Yourself

1. Explain the 6th Amendment in your own words.

2. Do you think Charles Jarnot 6th Amendment rights were violated?

3. The due process clause in the 5th Amendment and the right to an attorney in the 6th Amendment were designed to

a. protect freedom of expression

b. assure that laws are properly enacted

c. ensure fair treatment for those accused of crimes

d. provide for judicial review of laws

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Homework #18 8th Amendment – Cruel and Unusual Punishment

1. Do you believe the death penalty is cruel and unusual punishment?

2. Create a chart. Give three reasons why the death penalty is cruel and unusual and three reasons why it is not cruel and unusual.

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Homework #19 Current Court Case

Research a Supreme Court Case, which occurred between 2010, and today.

1. Which amendment or law is at the center of the case?

2. Summarize the case.

3. How did the Supreme Court Rule?

4. How does this case impact your life?

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Homework #20 14th Amendment – Affirmative Action

1. What is Affirmative Action?

2. Based on the cartoons, what is a reason for Affirmative Action and what is a reason against it? (2 sentences)

3. Do you think the 14th Amendment protects Affirmative Action?

4. An original purpose of affirmative action programs was to

a. increase educational and employment opportunities for women and minorities

b. improve the American economy by guaranteeing that employees will be highly skilled

c. decrease social welfare costs by requiring recipients of public assistance to work

d. reduce the Federal deficit by increasing government efficiency

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The Constitution is built on six basic principles. These are deeply ingrained in the mindset and landscape of US Government.

Limited Government - Since the people give government its power, government itself is limited to the power given to it by them. In other words, the US government does not derive its power from itself. It must follow its own laws and it can only act using powers given to it by the people. Judicial Review - This is a power that allows the Supreme Court to decide whether acts and laws are unconstitutional. This was established with Marbury v. Madison in 1803. Separation of Powers - As stated previously, the US Government is divided into three branches so that no one branch has all the power. Each branch has its own purpose: to make the laws, execute the laws, and interpret the laws. Popular Sovereignty - This principle states that the source of governmental power lies with the people. This belief stems from the concept of the social contract and the idea that government should be for the benefit of its citizens. If the government is not protecting the people, it should be dissolved. Checks and Balances - In order to further protect the citizens, the constitution set up a system of checks and balances. Each branch of government has a certain number of checks it can use to ensure the other branches do not become too powerful. For example, the president can veto legislation, the Supreme Court can declare acts of Congress unconstitutional, and the Senate must approve treaties and presidential appointments. Federalism - One of the most complicated foundations of the US is the principle of federalism. This is the idea that the central government does not control all the power in the nation. States also have powers reserved to them. This division of powers does overlap and sometimes leads to problems such as what happened with the response to Hurricane Sandy between the state and federal governments.

Research using the following websites: and

YOU DO NOT HAVE TO GIVE THEM YOUR EMAIL ADDRESS, just CLICK ON CONTINUE TO SITE!!!!) TRUST US, THE WEBSITES WORK!

In the U.S., "third party" refers to any party other than the major two, which are the Democratic and Republican parties at present. Third parties have sometimes launched large campaigns and have won public offices, but have not obtained significant or consistent representation in the federal government.

Congress, the primary lawmaking body of the U.S. government, meets at the United States Capitol in Washington D.C. Members of Congress introduces legislative proposals called bills or resolutions. Members vote on the proposals, which are then sent to the Executive branch to be approved. Members of Congress also review the work of executive agencies to determine if they are following government policy.

The duties of the legislative branch were decided during the Philadelphia Convention. During the Convention, the delegates debated at length about how to form the Legislative Branch— delegates from large states wanted the number of representatives decided by the number of citizens in the state, but delegates from the smaller states were worried they would have no power. To compromise, the delegates decided the Congress would be a bicameral legislature— “bicameral” means “two houses”—consisting of the House of Representatives and the Senate to ensure everyone had equal representation.

The United States is a government of enumerated powers.  Congress, and the other two branches of the federal government, can only exercise those powers given in the Constitution. The powers of Congress are enumerated in several places in the Constitution.  The most important listing of congressional powers appears in Article I, Section 8 (see left) which identifies in seventeen paragraphs many important powers of Congress.  The last paragraph of Article I, Section 8 grants to Congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers"--the "Necessary and Proper Clause."  The proper interpretation of the Necessary and Proper Clause was the subject of a heated debate between such important figures as Alexander Hamilton (who argued that the clause should be read broadly to authorize the exercise of many implied powers) and Thomas Jefferson (who argued that "necessary" really meant necessary).  Hamilton's more flexible interpretation makes possible a strong central government, whereas Jefferson's narrower interpretation strengthens states' rights.

The Electoral College was created to give states a voice in the election of a President. States are represented in the Electoral College according to their total number of representatives in the legislative branch. In other words, a state like Kentucky has 6 Representatives and 2 Senators; this means that Kentucky has 8 electoral votes.

The presidential election should be viewed as 51 separate elections for electoral votes. (50 States plus Washington D.C.) The reason they are considered separate elections is that the candidate with most votes in a state gets all of the “electoral votes” (the number on each state above) for winning that state. The key to victory is to get the most votes in each state’s election so that you get at least 270 electoral votes (a majority of the total of 538). Remember: The candidate who wins the most votes in a state gets all the electoral votes of that state. The Electoral College was created for two reasons. The first purpose was to create a buffer between the population and the selection of a President. The founding fathers were afraid of direct election to the Presidency. They feared a tyrant could manipulate public opinion and come to power. The Electoral College, then, can be thought of as a “safety buffer.”

Article III of the Constitution - “The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts that the Congress may from time to time ordain and establish… The judicial power shall extend to all cases, in law and equity, arising under the Constitution, the laws of the United States and Treaties."

The structure of the Federal courts - The Constitution places the Supreme Court at the top of the federal judicial system in America. Congress has the right to set up lower courts. These courts are called district courts.

Original Jurisdiction – Cases where there is a federal issue involved such as crimes against America and disputes between citizens of different states. These ways are written in the Constitution. Appellate Jurisdiction - Courts rule on cases where there are Constitutional mistakes have been made. Example: Miranda Rights He was a criminal but he felt his rights had been violated so he was set free. Appellate jurisdiction was not written in the Constitution. It is a power the court created.

1st Amendment – Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or the freedom of speech, or of the press; or the right of the people to assemble, and to petition the Government for a redress of grievances.

2nd Amendment – 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.

3rd Amendment – 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

4th Amendment – 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, and describing the place to be searched, and the persons or things to be seized.

5th Amendment – No person shall be held to answer for any capital crime, unless on an 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 offence twice; 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.

6th Amendment – 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 where the crime may have happened, 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.

7th Amendment – 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.

8th Amendment – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

9th Amendment – The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10th Amendment – 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

“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof….” Two clauses of the First Amendment concern the relationship of government to religion: the Establishment Clause and the Free Exercise Clause.  Although the clauses were intended by the framers to serve common values, there is some tension between the two.  For example, some people might suggest that providing a military chaplain (religious minister) for troops stationed overseas violates the Establishment Clause, while others might suggest that failing to provide a chaplain violates the Free Exercise Clause rights of the same troops. 

The Pledge of Allegiance was written in August 1892 by the Francis Bellamy. In 1954, in response to the Communist threat of the times, President Eisenhower encouraged Congress to add the words "under God.” Today it reads: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

Supreme Court Agrees With EEOC In Regard To Religious Accommodation

(June 2015)

Samantha Elauf, who is Muslim, applied for a position with Abercrombie & Fitch (Abercrombie). During the interview, Ms. Elauf wore a hijab (a headscarf). Ms. Elauf never said she was Muslim or that she required any kind of exemption from Abercrombie’s dress policy, which prohibited wearing caps. The interviewer believed that Ms. Elauf was wearing the hijab because of her Muslim faith but did not ask Ms. Elauf about it. The interviewer found Ms. Elauf qualified to be hired as a sales associate; however, she was concerned the headscarf might violate Abercrombie’s dress policy. The interviewer then discussed the matter with the district manager and expressed opinion that Ms. Elauf wore the headscarf because of her faith. The district manager believed the headscarf violated Abercrombie’s dress policy in regard to caps and instructed the interviewer that Ms. Elauf was not to be hired. The Supreme Court ruled that an employer can violate the law for refusing to hire an applicant based on a religious observance or practice even if the employer did not have direct knowledge that a religious accommodation was required. (Abercrombie didn’t need to understand that she had to wear the headscarf)

The First Amendment to the Constitution declares that "Congress shall make no law ... abridging the freedom of speech."

Federal judge OKs students' 'Hitler Youth' buttons 

(September 2007)

Two students in northern New Jersey can wear buttons featuring a picture of Hitler Youth to protest a school-uniform policy, a federal judge ruled yesterday. U.S. District Judge Joseph A. Greenaway Jr. sided with the parents of the students, who had been threatened with suspension by the Bayonne school district last fall for wearing the buttons. However, the judge added in his ruling that the boys will not be allowed to distribute the buttons at school. “I’m very pleased,” said Laura DePinto, mother of one of the students. “I think it upholds the most basic of our American rights, which is to protest peacefully.” The buttons bear the words “no school uniforms” with a slash through them superimposed on a photo of young boys wearing identical shirts and neckerchiefs. There are no swastikas visible on the buttons, but the parties agreed that they depict members of Hitler Youth.

Gay-straight student club can't meet at high school 

(November 2004)

A federal judge yesterday ruled that a group of gay high school students in this conservative West Texas city cannot meet on campus, siding with the Lubbock school district in a lawsuit filed by students. The Lubbock Gay-Straight Alliance claimed in its July lawsuit that the district violated students' constitutional rights and a federal law, which forbids discrimination against groups meeting on campuses of schools receiving federal funds, by refusing the group's requests to meet at a high school in late 2002.“The longer it takes with the legal process, the longer we are without our rights," said a 17-year-old. Mark Griffin, Lubbock school board president, said he was pleased by the ruling. "It confirms our policy as a district, and I think it accurately reflects the community perspective as a whole," he said U.S. District Judge Sam R. Cummings ruled that "the local school officials and parents are in the best position to determine what subject matter is reasonable and will be allowed on campuses."

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

Movie Theaters to Check Bags in Response to Shootings

(August 2015)

Movie theater chain Regal Entertainment Group has begun to check bags in response to shootings at theaters around the country, a procedure it acknowledged on its website was “not without flaws” and would inconvenience guests but provide better security…On its website, the company says “security issues have become a daily part of our lives in America” and says that bags and backpacks are subject to inspection before entering… Earlier this month, a man with a history of mental illness and armed with a pellet gun, hatchet and pepper spray attacked guests at a mostly empty movie theater in Antioch, Tennessee, before being shot dead by police. Two weeks before that, a man shot and killed two people and wounded nine others before fatally shooting himself during a screening of the movie “Trainwreck” at a theater in Lafayette, Louisiana. The latest attacks came the same month that Colorado theater shooter James Holmes was sentenced to life in prison by a jury for killing 12 and injuring 70 theatergoers three years ago at a midnight premiere of “The Dark Knight Rises.”

“The right of the people to be secure in their persons, houses, and effects against unreasonable search and seizure, 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.”

Stop-and-Frisk Encounters Down 50%, but Minorities Still Stopped More, Stats Show

(July 2015)

The stop-and-frisk program, in New York City, is a practice of the New York City Police Department in which police officers stop and question a pedestrian, then frisk them for weapons and other contraband.

NYPD officers conducted nearly 50 percent fewer stop-and-frisk encounters in the first quarter of this year than they did in 2014, but the percentage of minorities stopped was still greater than 80 percent, close to the level reported in previous quarters, the latest statistics show… The controversy over the stop-and-frisks, which resulted in federal litigation and the appointment of a special monitor, focused largely on the fact that the number of black and Hispanics stopped was 87 percent in some years. In 2013, Manhattan federal judge…determined that the police appeared to unconstitutionally target minorities. Since 2011, when stop-and-frisks totaled more than 686,000 a year, the numbers have been in steady decline and plummeted when Bratton took office, amounting to just 46,235 stops last year…police officials have maintained that police are conducting stops in line with reports of the ethnicity of crime suspects coming from largely minority neighborhoods.

The Fifth Amendment of the United States Constitution is the section of the Bill of Rights that protects you from being held for committing a crime unless the police have arrested you correctly. The Fifth Amendment is also where the guarantee of due process comes from, meaning that the state and the country have to respect your legal rights.

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” 

The Sixth Amendment of the United States Constitution is the section of the Bill of Rights that guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person wants one, and the chance to confront the witnesses who is accusing the defendant of a crime, meaning he or she can see who is making accusations.

Old Corfu speeding ticket is new battle for retired Army officer

(July 2015)

In July, Charles Jarnot, a traveling salesman from Kansas, was in a Montana courtroom fighting a $20 speeding ticket…From 2012.. Jarnot, a retired Army lieutenant colonel and a Buffalo native, said he was passing through Corfu (a city) to visit a dying relative on May 10, 2012, when he was stopped for speeding 49 in a 35-mph-zone. Jarnot claims he did not contest the ticket and submitted a guilty plea and a money order for $235 to Corfu Village Court. “I really didn’t think about it after that,” Jarnot said. “My wife paid the ticket. I just went on about my business.” The Corfu ticket disappeared from memory, he says, until July 2 of this year. “That’s when I got a letter from Corfu Court stating I never paid the ticket and my driver’s license was going to be suspended,” he said. The letter, dated June 24, said “Recently you were issued a Traffic Ticket (s) for the above violation and failed to return your executed plea offer, issued by the Village Prosecutor.” The letter ordered him to appear July 15 or face license/registration suspension. “Recently?” Jarnot argued. “May 2012 is not recent.”… “I believe it’s a violation of my Sixth Amendment right to a speedy trial.”

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

The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed. With citizenships comes all the rights found in the Constitution. Affirmative Action was created based on the 14th Amendment. It is intended to promote the opportunities of defined minority groups within a society to give them access equal to that of the privileged majority population.

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