Changes

This means every action by a government official, whether working for the federal, state or local government, must comply with the Bill of Rights.  Every police stop of a motorist, every regulation of speech, and every criminal prosecution must abide by those Ten Amendments.

This means every action by a government official, whether working for the federal, state or local government, must comply with the Bill of Rights.  Every police stop of a motorist, every regulation of speech, and every criminal prosecution must abide by those Ten Amendments.

All Ten Amendments in the Bill of Rights are important, but the First and Fourth Amendments are litigated the most in courts.  Other amendments are just as important but do not arise often in actual cases.  For example, the Second Amendment protects an individual right to own guns, as held by the U.S. Supreme Court in ''D.C. v. Heller''.  But only a few cases a year are decided based on the Second Amendment.  Courts still allow government to regulate gun ownership, and courts almost never invalidate those regulations.  

All Ten Amendments in the Bill of Rights are important, but the First and Fourth Amendments are litigated the most in courts.  Other amendments are just as important but do not arise often in actual cases.  For example, the Second Amendment protects an individual right to own guns, as held by the U.S. Supreme Court in ''D.C. v. Heller'' (2008).  But only a few cases a year are decided based on the Second Amendment.  Courts still allow government to regulate gun ownership, and courts almost never invalidate those regulations.  

The Third and Ninth Amendments are almost never relevant to a case. The Seventh Amendment, is often used but rarely discussed: it establishes a right to a jury trial in most cases, which is a fundamental right almost unique to the United States (95% of the jury trials in the world occur in the United States).  But the right is clear and there is not much to discuss about it, so lawyers do not spend much time litigating about the meaning of the Seventh Amendment.

The Third and Ninth Amendments are almost never relevant to a case. The Seventh Amendment, is often used but rarely discussed: it establishes a right to a jury trial in most cases, which is a fundamental right almost unique to the United States (95% of the jury trials in the world occur in the United States).  But the right is clear and there is not much to discuss about it, so lawyers do not spend much time litigating about the meaning of the Seventh Amendment.

Courts have been expanding the scope of the First Amendment for 200 years.

Courts have been expanding the scope of the First Amendment for 200 years.

=== Fourth Amendment ===

=== Fourth Amendment ===

The Chief Justice of the United States is the person who leads the U.S. Supreme Court.  But his vote is not more than any of the other eight Justices on the Court.  However, he does have the advantage of deciding who writes the opinion for his side in a case.  Whichever side he is on (majority or dissent), he picks the person to write the decision of his side.  In important cases, he picks himself to write it.  The most senior justice on the other side then picks who writes the opinion for that side.

The Chief Justice of the United States is the person who leads the U.S. Supreme Court.  But his vote is not more than any of the other eight Justices on the Court.  However, he does have the advantage of deciding who writes the opinion for his side in a case.  Whichever side he is on (majority or dissent), he picks the person to write the decision of his side.  In important cases, he picks himself to write it.  The most senior justice on the other side then picks who writes the opinion for that side.

The infamous Roe v. Wade decision promoting abortion was by a 7-2 vote.  Court folklore is that Chief Justice Warren Burger was himself against abortion, but voted with the majority in order to be able to select the author of the opinion.  He picked Justice Blackmun, a longtime friend of his.  However, Justice Blackmun then wrote a dreadful opinion.

The infamous ''Roe v. Wade'' decision that legalized abortion nationwide, and invalidated numerous state laws against abortion, was by a 7-2 vote.  Court folklore is that Chief Justice Warren Burger was himself against abortion, but voted with the majority in order to be able to select the author of the opinion.  He picked Justice Blackmun, a longtime friend of his.  However, Justice Blackmun then wrote a dreadful opinion.

Each State also has its own Supreme Court to oversee the state court system.  However, its name is not always “Supreme Court.”  In New York, oddly enough, the “Supreme Court” is the name for the trial (lowest) level.  The highest appellate court is the “New York Court of Appeals.”

Each State also has its own Supreme Court to oversee the state court system.  However, its name is not always “Supreme Court.”  In New York, oddly enough, the “Supreme Court” is the name for the trial (lowest) level.  The highest appellate court is the “New York Court of Appeals.”

1. 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.

1. 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.

<br>2.  What is your favorite part of the Bill of Rights?  Explain.

<br>2.  What is your favorite part of the Bill of Rights?  Explain.

<br>3.  .

<br>3.  Explain which of the Bill of Rights protect the rights of defendants.

<br>4.  .

<br>4.  Should federal courts apply all the Bill of Rights, including the Establishment Clause, against state and local government?  Discuss.

<br>5.  .

<br>5.  .

<br>6.  .

<br>6.  Is it too easy or too difficult to amend the U.S. Constitution?  Explain, while mentioning the example of the ERA.

<br>7.  What is a "Con Con," and what is your view of whether there should be one?

<br>7.  What is a "Con Con," and what is your view of whether there should be one?

<br>8.  Do you think stare decisis should prevent the U.S. Supreme Court from overturning ''Roe v. Wade''?

<br>8.  Do you think stare decisis should prevent the U.S. Supreme Court from overturning ''Roe v. Wade''?

'''Extra credit''' (answer two of the following five questions):

'''Extra credit''' (answer two of the following five questions):

9.  ?

9.  "It is better for 50 guilty men to go free than for one innocent man to be unjustly convicted."  Do you agree? Discuss.

<br>10.  ?

<br>10.  ?

<br>11.  ?

<br>11.  ?

<br>12.  .

<br>12.  .

<br>13.  .

<br>13.  Write about any topic in the lecture.

You can post your answers at [[American Government Homework Five]].

You can post your answers at [[American Government Homework Five]].