Posts Tagged ‘U. S. Constitution’

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.)

Tags: , , , , , , , ,
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.)

Tags: , ,
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.

Tags: , ,
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 14

RealWorldGraduation_Question_14   <– PDF

Consider the following fictional scenario.

Congressman A received a total of $161,000 from a consortium of oil and gas companies, consisting of $118,000 in direct campaign contributions and $43,000 to his Political Action Committee (PAC). Congressman B received a total of $68,000 from a legal lobbying group that supports expansion of civil lawsuits, consisting of $53,000 in campaign contributions and an additional $15,000 in contributions to his PAC. Congressman C received a total of $258,000 from an environmental lobbying group, consisting of $204,000 in campaign contributions and $54,000 to his PAC, which is another environmental lobbying group.  Congressman D received a total of $380,000 from a group devoted to increased regulation of “conservative talk radio”, consisting of $346,000 in campaign contributions and $34,000 to his PAC. All four of these Congressmen were lawyers before they ran for Congress.

A bill came before Congress which contained the following provisions:

  1. A reduction in natural resources leasing fees, which will save oil and gas companies $24,000,000. This is the outcome desired by Congressman A’s donors.
  2. An increase in the deductibility of rent and expenses for legal offices, which will result in a $138,600,000 savings to lawyers because they will pay less in income taxes. This is the outcome desired by Congressman B’s donors.
  3. An extension of the amount of federal land to be controlled and administered by environmental groups along with a federal grant of $102,700,000 to cover administration, lobbying, education, and other costs. This is the outcome desired by Congressman C’s donors.
  4. A provision in which a portion of the advertising revenue from certain talk radio shows (totaling $47,200,000) is to be turned over to a federal agency to investigate the political ideology and financial condition of talk radio hosts. This is the outcome desired by Congressman D’s donors.

All four of the Congressmen voted for the bill. Which Congressman’s actions constitute the worst examples of bribery?

a) Congressman A, because he seeks to protect the predatory for-profit oil and gas industry, which seeks to pollute the entire earth.

b) Congressman B, because the contributions he received constitutes a conflict of interest (he was a lawyer himself before he ran for Congress).

c) Congressman C, because the amount that was given to the environmental PAC will be devoted to lobbying, part of which will be probably be donated to Congressman C next year.

d) Congressman D, because his donors seek to reduce the free speech rights of conservative talk radio hosts.

e) All of them are equal offenders, because the principle involved, trading favors or creating laws for money, is immoral and illegal, not the exact amounts of money that changed hands.

 

(See answer on p. 2 of the PDF).)

Tags: , , ,
Posted in Congress, critical thinking, government powers, Real World Graduation | No Comments »