Archive for the ‘U. S. Constitution’ Category

Real World Graduation: Question 29

RealWorldGraduation_Question_29   <– PDF

Article 2, Section 1 of the U. S. Constitution requires the President to take the following oath of office:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of the President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States”.

An integral part of preserving, protecting, and defending the Constitution is preserving the rights of the people. The rights of individuals specifically called out in the Constitution and its first ten amendments are:

1) Habeas corpus (right to challenge detainment)

2) Freedom of speech

3) Freedom of the press

4) Freedom of religion

5) Freedom to keep and bear arms

6) Freedom from bearing the expense of quartering soldiers

7) Freedom from arbitrary search and seizure (searches require warrants signed by a judge, with testimony under oath by the officials seeking the warrant)

8) Federal indictment only by grand jury

9) No double jeopardy (a person can only be tried once for the same crime)

10) Immunity from self-incrimination

11) Due process of law

12) Compensation for property allocated for public use

13) Speedy and public trial

14) Cross-examination of witnesses in criminal trials

15) Counsel for defense in criminal trials

16) Trial by jury

17) Facts found by a jury not reviewable by a court

18) Prohibition of excessive bail

19) Prohibition of excessive fines

20) Prohibition of cruel and unusual punishments.

Also, rights not specifically mentioned are reserved to the people (individuals) or to the states. Based on your understanding of American history, which three would you rate as the worst Presidents with regard to preserving the rights of the people?  The letter after their name indicates their part affiliation (F refers to Federalist, R indicates Republican, N indicates None, D indicates Democrat, D-R indicates Democrat-Republican, which later became the Democratic Party in the 1820’s).

a) Alexander Hamilton (F), Aaron Burr (F), and Benjamin Franklin (F)

b) Richard M. Nixon (R), Gerald R. Ford (R), and George Washington (N)

c) George H. W. Bush (41) (R), James E. Carter (D), and Thomas Jefferson (D-R)

d) Walter Mondale (D), Barry Goldwater (R), and Alf Landon (R)

e) Three among those listed in groups b) and c)

(The answer is on p. 2 of the PDF.)

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Posted in Benjamin Franklin, Bill of Rights, critical thinking, fifth amendment, First Amendment, fourth amendment, government powers, habeas corpus, Real World Graduation, Second Amendment, sixth amendment, U. S. Constitution | No Comments »

Real World Graduation: Question 25

RealWorldGraduation_Question_25   <– PDF

Which of these are phrases found in the Constitution of the United States of America?

a) “… separation of church and state…”

b) “… government shall have the right …”

c) “… people shall be entitled to general welfare …”

d) “… right to rest and leisure …”

e) Both a) and c)

(The answer is shown on p. 2 of the PDF.)

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Posted in critical thinking, government powers, Real World Graduation, U. S. Constitution | No Comments »

Real World Graduation: Question 21

RealWorldGraduation_Question_21   <– PDF

The Mayor and City Council of a certain city desired to raise the amount of tax revenue received by the city. They made a secret arrangement with a mall developer as follows:

  1. The city would designate a certain district of the city, consisting of 150 homes and a few small businesses as suitable for development. This district was selected because most of the homes are more than 30 years old, and it has excellent access to major freeways.
  2. With the area so designated, the city would send notices to each homeowner and business owner that they had 90 days to move out of their homes, and the land turned over to the developer.
  3. In order to save taxpayers money, the city would offer 85% of the current appraised values of the homes and businesses as compensation. On average, the homes in the affected district are appraised at $130,000.
  4. The total amount paid to the homeowners by the city as compensation would be repaid by the developer. He would be allowed to collect an additional 2% surcharge sales tax on everything sold by stores in the mall. That way, the city would be repaid the amount given to the original homeowners, and also collect all the usual sales taxes.
  5. The Mayor, City Council, and their respective staff members were to do all of the foregoing without any public hearings or notices until the formal designation letters were mailed to each affected resident.

The Constitution of the state in which this was to occur contains a “takings” clause, in which people are to be compensated for any seizure of property devoted to public use (i.e., the same as the U. S. Constitution’s Fifth Amendment). If this plan were enacted, which of the activities contained in the secret plan would violate both Constitutions?

a) A government entity entering into a secret financial agreement with a private entity.

b) Seizing property from a group of private owners and giving it to another private owner for the benefit of the new private owner (as well as the city).

c) Arbitrary designation of a certain district for unusual treatment simply because of the age of the homes and their location.

d) Forcing each homeowner to take a $19,500 loss on their property, since they will be paid only $110,500 for homes that were appraised on average for $130,000.

e) All of the above.

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Posted in Bill of Rights, critical thinking, fifth amendment, government powers, living constitution, Real World Graduation, U. S. Constitution | No Comments »

Real World Graduation: Question 19

RealWorldGraduation_Question_19   <– PDF

Suppose a prominent black civil rights leader had made public speeches like these in 1993:

a.  “Only after the white virus destroying the quality of life of black people has been eliminated can we hope to promote cooperation between the remaining races, which will then be founded on a common understanding.”

b.  “Honkie parasites on one hand ripped off the black people without a second thought, and on the other hand instigated people of color to violence. The misfortunes of black people have become a continuing objective for these white trash crackers, and it was unfortunately made possible because of the large number of desperate unemployed black people that mistakenly supported the international trade treaties, which further benefitted the rich honkies.”

What is the proper amount of government regulation or actions that should be adopted to address speech of this sort?

a) Public speeches of this sort should first be subject to review by qualified people to determine if they are acceptable for public consumption. If a proposed speech is considered acceptable, then the speech could be made.  However, neither of these two fragments is acceptable, and both should be prohibited.

b) These fragments are obviously racist, and should be prohibited by appropriate legislation.

c) These fragments indicate both racism and mental illness, and the person who made these statements should be examined to determine his mental health. If he is found to be of sound mind, he should be prosecuted for racism or hate speech.

d) The person making these statements should be prosecuted for hate speech unless he can prove he is mentally ill and therefore not responsible for what he says.

e) Because of the First Amendment, it is difficult to pre-empt speech solely because some find it objectionable. For radical opinions like these, a one-size-fits-all approach won’t work, but the government should consider some appropriate remedy, tailored to specific cases.  However, such remedies should be civil (i.e., fines and restrictions) instead of criminal (imprisonment).

(The answer is shown on p. 2 of the PDF.)

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Posted in Bill of Rights, critical thinking, government powers, Real World Graduation, U. S. Constitution | No Comments »