Semester 2 Week 9

Credit: Kami Harris

Amendment 3

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.  This provision guarantees the right of the American people to be protected from being compelled to harbor soldiers in their homes unless they consent, or unless it is required during wartime as prescribed by law.

Amendment 4

The right of the people to be secure in their persons, houses, papers, and effects, This provision guarantees the American people the right to the privacy of their homes, their business, and all their private papers and effects. against unreasonable searches and seizures, shall not be violated, According to Making of America, the legalized searches and seizures connected with the regulatory and taxing laws has seriously strained the protection intended by this provision.  There has also been a serious invasion of privacy through the use of telephone wiretaps, electronic listening devices installed in offices and homes, and tampering with the mail.  It should be noted that this provision protects a person only in cases where the invasion of privacy I s “unreasonable.”  Consider, for example, these situations:  1) It is not considered unreasonable for the police to check an offender’s car o immediate premises at the time of his arrest and pick up any property belonging to the offender that is considered to be “evidence.”  2)  It is not considered unreasonable for the police to pursue a suspected criminal across private property in order to apprehend him.  3)  It is not considered unreasonable for a person to check out a vacationing neighbor’s premises under suspicious circumstances.  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.  This provision guarantees all American the right to be free from arrest except on the basis of a warrant which has been properly issued.  However, no warrant is required if the person is observed committing the crime and his apprehended by those who witnessed the offense.

Amendment V

No person shall be held to answer for a capital (a crime punishable by death), or otherwise infamous crime (a crime punishable by death or imprisonment), unless on a presentment or indictment (formal accusation) of a Grand Jury (A grand jury consists of twelve to twenty-three persons called by the sheriff of the county or by the United States marshal to hear witnesses respecting any subject that may properly be brought before them as a violation of the law.  If they believe a person is guilty, they return a “true bill,” or indictment, which is a formal charge indicating that the grand jury had “reasonable cause” to believe that the person had committed the offense as charged.  If the grand jury does not believe there is adequate evidence against him, they return a “no bill.”  Where a person has been indicted for a federal offense, he subsequently stands trial before a petit jury of twelve persons.  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; This provision gives American military personnel the right to be tried before a jury in a civilian criminal court for a capital or infamous crime, unless the offense is related to military duty in time of war or great public danger.  nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; This provision gives each individual the right to be permanently free of any further prosecution once he or she has been processed through the trial procedure.  nor shall be compelled in any criminal case to be a witness against himself, (unless he voluntarily decides to do so) nor be deprived of life, liberty, or property, without due process of law; Due process of law is another descriptive name for legal, judicial, and governmental fair play in dealing with its citizens. nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy one without unreasonable delay and public trial The public trial is for the benefit of the accused and not the public.  Therefore, if publicity would not be in the interest of justice, the court may exclude all but a few of the public in the interest of the defendant’s rights., by an impartial having no direct involvement or interest and not favoring one person or side more than another jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained determined by law, and to be informed of the nature and cause of the accusation; This provision gives the accused the right to have an explanation of the nature of the crime of which he or she is accused.  to be confronted with the witnesses against him; This provision gives an accused person the right to be confronted by those bringing accusations against him or her and to have the opportunity of cross-examining them. to have compulsory forced process for obtaining witnesses in his favor, The Constitution allows the defendant to use the good offices of the court and the enforcement machinery of a U.S. marshal’s office to compel witnesses to participate in the trial in his defense.  This is particularly important in criminal cases, since there is a severe reluctance on the part of others to become involved in such cases.  Even when they have important knowledge concerning the facts of the case, they seldom feel duty-bound to come forward without a subpoena from the court.  and to have the Assistance of Counsel for his defense.  This provision gives the accused the right to the protection of an attorney to guide him through his defense, whether or not he can afford one.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, This provision gives a defendant in a civil case the right to have a jury just as in criminal cases if the suit involves a sum of $20 or more 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.  This gives the jury the right to have its facts “as found” remain unmolested during the appeal process.  This also means that no judge of a trial court can substitute his opinion of the facts for that of the jury, nor can an appellate court set aside the jury’s findings and make a final order on its own.  In the case of a mistrial, the court may order a hearing before another jury, or a new trial can be ordered by an appellate court if there was an error of law committed by the trial court.

Amendment VIII

Excessive bail shall not be required, “Excessive” bail is requiring a prisoner to put up a bond which is so high that he cannot possibly provide it and thereby regain his freedom pending the date of the trial.  Of course, a heavy bail or refusal to grant bail to a person who has committed a serious crime or is otherwise dangerous to the community may be considered “reasonable and necessary.” nor excessive fines imposed, This provision gives the accused the right to fines imposed should be in accordance to the seriousness of the offense.  nor cruel and unusual punishments inflicted.  (Such punishment as would amount to torture or barbarity)

*All information in “red” comes from Making of America chapters 28-29.

Credit: Heidi Christianson 

My co-mentor came up with an amazing activity for this. We took the kids to a local market and interviewed several people as they entered or left. The kids were terrified before they started, but once they started they begged us to do more! They ask the people how long they had lived in the community, three things they liked about it, and one thing they would change. We are going to be speaking to one of the county supervisors in the next couple of weeks (hopefully), and the kids now have some issues to discuss with him! Definitely a win! We changed the writing prompt to come up with three questions for the supervisor.

Credit: Kami Harris

Republic Versus a Democracy

Debate:

Key of Liberty Debate March 12, 2014

Affirmative:  

Group 1:  Jena, Erika, Jaron, Keziah, Preston 

Group 3:  Grace, Nick, McKenna, Melissa, Bo

*That the minority should at times be allowed to win over the majority.

Negative:

Group 2:  Dallin, Jessie, Kaylie, Duncan, Cambri

Group 4:  Joe, Alex, Caleb, Lawson, Emily

*That the majority should always win over the minority.

______________________________________________________________________________

Definition of Majority: greater number of people choose the law

Definition of Minority:  lesser number of people choose the law

(Group 1 will debate group 2.  Group 3 will debate group 4.)

__________________________________________________________________________________

Schedule:

You will each have ten minutes to prepare for your debate.  Choose an order for your group to speak and decide which point each member of your group will cover.  You will have five minutes total (one minute each) to present your side.  You will each then have three minutes to rebut the other’s side, and anyone can stand and say anything they want in those three minutes.

Debrief:

How does the debate we just did simulate some of the differences between a democracy and republic?  

Why did the founders thing a republic was better than a democracy?  Read handout and find answers.

Importance of Local Government

Simulation:

Objective:  To show that people at the level closest to the problem are best able to solve problems.

Setting:  Mentors representing those in Washington, One group of consumers, have signs set up saying “Bakery Delights” 1 owner and 5 people who work for Bakery Delights

“Bakery Delights” is a local bakery that has been in business for the last 15 years.  The owner and operator specializes in anything homemade.  Some customer favorites are homemade white rolls, glazed and filled donuts, different types of cookie and brownie bars and chocolate chip cookies. The employees have worked with the owner for the last fifteen years.  They are close friends and have good working relationships.  Most of the customers have been coming into the bakery on their way to work ever since the bakery first opened.  They LOVE the old fashioned goodness and country appeal of the bakery. (The owner, five employees, and four regular customers are meeting together today to discuss some new bills that the federal government passed that will affect your business and how you will deal with this.)

Debrief:

Possible Questions:

How does it feel to have someone from the federal government come and tell you what you can and cannot bake and how many employees you can or cannot have and what you must provide for those employees?

How does it feel as a consumer to not be able to buy what you want at the bakery anymore?

Should the federal government be able to make decisions for you?  Why or why not?  

How did it feel to be fired because your boss couldn’t pay you anymore?

Do you feel like your efforts for growing your business are rewarded or punished?  

Why would you want to grow your business if you are going to be penalized for giving more jobs to people?

Let’s read what Thomas Jefferson had to say about this:

Thomas Jefferson:

“The way to have good and safe government is not to trust it all to one, but to divide it among the many, distributing to every one exactly the functions he is competent to perform best.  Let the national government be entrusted with the defense of the nation, and its foreign and federal relations; the State governments with the civil rights, laws, police, and administration of what concerns the State generally; the counties with the local concerns of the counties, and each ward (township) direct the interests within itself.  It is by dividing and subdividing these republics, from the great national one down through all it subordinations, until it ends in the administration of every man’s farm by himself; by placing under every one what his own eye may superintend, that all will be done for the best.  What has destroyed liberty and the rights of man in every government which has ever existed under the sun?  The generalizing and concentrating all cares and powers into one body, no matter whether of the autocrats of Russia or France, or of the aristocrats of a Venetian senate.”

Thomas Jefferson:

 “The true theory of our Constitution is surely the wisest and best, that the states are independent as to everything within themselves, and united as to everything respecting foreign nations.  Let the general government be reduced to foreign concerns only, and let our affairs be disentangled from those of all other nations, except as to commerce, which the merchants will manage the better, the more they are left free to manage themselves, and our general government may be reduced to a very simple organization, and a very inexpensive one; a few plain duties to be performed by a few servants.”