Am Govt Homework 5 Answers - Student Six

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1. What is your favorite part of the Bill of Rights? Explain.

The Bill of Rights consists of many very important rights of the American people; the first and second amendments are the most important of the ten. The First Amendment outlines the rights of each individual citizen including the freedom of speech, the freedom of religion, and the right to assembly. The Second Amendment states the people's right to keep and bear arms, as this is the single greatest entity that stands in the way of a tyrannical government.

Superb answer - one of the best in the class.

2. Explain which amendments in the Bill of Rights primarily protect the rights of defendants.

Amendment five and six directly protect the defendant, giving him the right to trial by jury, to not be subject to double jeopardy, and gives him the right to know and find his own witnesses. The Fifth Amendment also says that a defendant cannot be forced to testify against himself.

Excellent. You could have also mentioned the right to a speedy and public trial, which is in the Sixth Amendment.

3. Should federal courts apply all of the Bill of Rights, including the Establishment Clause, against state and local government? Discuss.

No, the Bill of Rights nor the establishment clause should be used against the states by federal courts. The 10th amendment states that the powers not given to the federal government are reserved for the states, so it should be on a state and local level only, that these powers should be used.

Excellent, but the wording of your answer is a bit unclear. Perhaps a "neither" was intended before the "Bill of Rights." But the substance is terrific.

4. Suppose the police entered your home without a warrant, despite your objection, and searched your house. Which part of the Constitution did the police violate (unless there was an exception, like an emergency)? Explain briefly.

The police would be violating the fourth amendment which protects citizens against unwarranted search and seizure of property. In order to lawfully search your home the police need to obtain a warrant from a judge detailing the property to be searched and the persons or items to be seized.

Right. Excellent explanation.

5. Is there any new amendment that you would like to see in the U.S. Constitution today, and what is the customary process for adding it?

There is no amendment that I would like to add to the Constitution. The Constitution is a somewhat sacred document, and will lose its authority with the addition of frivolous amendments. If I were to add an amendment to the Constitution, the amendment must be passed by two- thirds of the House of Representatives, then two- thirds of the Senate and finally three- quarters of the states must ratify it. The Constitution can also be amended with a constitutional convention, but this has not happened since the document was written.

Absolutely superb - the best answer in the class.

6. There are 89 federal district courts in the United States. About how many civil and criminal cases, on average, would one district court have per year?

One District Court would have an average of 4,406 cases per year, judging by the national statistics. This consists of 1,156 criminal cases and 3,250 civil cases.

Correct.

7. Do you think stare decisis should prevent the U.S. Supreme Court from overturning Roe v. Wade?

I do not think that stare decisis should directly decide any case, but rather be reviewed and taken into consideration by the justices.

Good, but your answer does not address the Roe v. Wade in the question. (-1)

8. Is it too easy or too difficult to amend the U.S. Constitution? Explain, while mentioning the example of the ERA.

The process for amending the Constitution is near-perfect. If it was any easier, there'd be too many frivolous amendments added, and if it was any harder the Constitution could almost never be changed. The equal rights amendment for example would have been passed too easily and thoughtlessly, if it was easier to amend the Constitution.

Very good.
Total score: 89/80. Terrific answers, among the very best in the class. You should consider becoming an attorney one day.--Andy Schlafly 20:00, 23 October 2012 (EDT)
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