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===C.  Protections for the Accused.===

===C.  Protections for the Accused.===

In colonial [[America]], those who favored independence were considered enemies of the King.  Some were prosecuted.  Peter Zenger, for example, was prosecuted for published materials critical of the governor of [[New York]], who was appointed by the Crown.  Zenger was acquitted by an American jury in a famous case establishing the freedom of the press.  But the jury had clearly saved him - had a judge tried the case, he would have surely been sent to jail.

In colonial [[America]], those who favored independence were considered enemies of the King.  Some were prosecuted.  [[Peter Zenger]], for example, was prosecuted for published materials critical of the governor of [[New York]], who was appointed by the Crown.  Zenger was acquitted by an American jury in a famous case establishing the [[freedom]] of the [[press]].  But the [[jury]] had clearly saved him - had a [[judge]] tried the case, he would have surely been sent to jail.

The original [[Constitution]] included few protections for individual liberties, but it did guarantee the right to a jury trial.  Art. III, Section 2.  The Founders were sure to include that.  To this day, 95% of jury trials held in the entire world are in the [[United States]].

The original [[Constitution]] included few protections for individual liberties, but it did guarantee the right to a [[jury]] trial.  Art. III, Section 2.  The Founders were sure to include that.  To this day, 95% of jury trials held in the entire world are in the [[United States]].

This protection was not enough for colonists still mindful of the [[British]] prosecutions.  The bulk of the [[Bill of Rights]] added many additional safeguards against abusive prosecutions by government.

This protection was not enough for colonists still mindful of the [[British]] prosecutions.  The bulk of the [[Bill of Rights]] added many additional safeguards against abusive prosecutions by government.

The [[Fourth Amendment]] protects citizens against unreasonable searches of their homes and personal belongings.  Warrants signed by a neutral judge or magistrate are required.  The [[Supreme Court]] imposed the “Exclusionary Rule” to prohibit use of unlawfully obtained material at the trial of the accused.

The [[Fourth Amendment]] protects citizens against unreasonable searches of their homes and personal belongings.  Warrants signed by a neutral [[judge]] or [[magistrate]] are required.  The [[Supreme Court]] imposed the “Exclusionary Rule” to prohibit use of unlawfully obtained material at the trial of the accused.

The [[Fifth Amendment]] allows an accused to avoid testifying in his own case, and gives him the right to counsel.  The [[Supreme Court]] later required government to read Miranda warnings to any accused held in custody before interrogating him.

The [[Fifth Amendment]] allows an accused to avoid testifying in his own case, and gives him the right to counsel.  The [[Supreme Court]] later required government to read Miranda warnings to any accused held in custody before interrogating him.

The [[Sixth Amendment]] established the right to counsel, and the [[Supreme Court]] later forced states to pay for an attorney when the defendant cannot afford it.  It also establishes the right to an “impartial” jury in the district where the crime allegedly occurred, and a right to a speedy and public trial.  This expands on the right to jury trial in the original [[Constitution]].

The [[Sixth Amendment]] established the right to counsel, and the [[Supreme Court]] later forced states to pay for an attorney when the defendant cannot afford it.  It also establishes the right to an “impartial” [[jury]] in the district where the crime allegedly occurred, and a right to a speedy and public [[trial]].  This expands on the right to jury trial in the original [[Constitution]].

The [[Seventh Amendment]] establishes a right to jury trial in civil (non-criminal) cases involving more than $20 (which isn’t much today, due to inflation!).

The [[Seventh Amendment]] establishes a right to [[jury]] [[trial]] in civil (non-criminal) cases involving more than $20 (which isn’t much today, due to inflation!).

The [[Eighth Amendment]] prohibits excessive bail requirements, which is what an accused must post to be released from jail before trial.  It also prohibits excessive fines or cruel and unusual punishment.

The [[Eighth Amendment]] prohibits excessive [[bail]] requirements, which is what an accused must post to be released from jail before trial.  It also prohibits excessive fines or [[Cruel and Unusual Punishment]].

The Seventh of the [[Ten Commandments]] says “Neither shall you bear false witness against your neighbor.”  Deuteronomy 5:20.  That prohibits false accusations, and false testimony in court.  If everyone obeyed this commandment, then many of the above protections would not be needed.

The Seventh of the [[Ten Commandments]] says “Neither shall you bear false witness against your neighbor.”  [[Deuteronomy]] 5:20.  That prohibits false accusations, and false testimony in court.  If everyone obeyed this commandment, then many of the above protections would not be needed.

In fact, false accusations were a problem in colonial [[America]] as they are today.  Colonists feared the power of the new government being used to intimidate witnesses into testifying falsely, and imprisoning critics of government.  During the President of [[John Adams]], a few of his opponents were fined and even imprisoned under the [[Sedition Act]] for criticizing the president.

In fact, false accusations were a problem in colonial [[America]] as they are today.  Colonists feared the power of the new government being used to intimidate witnesses into testifying falsely, and imprisoning critics of government.  During the presidency of [[John Adams]], a few of his opponents were fined and even imprisoned under the [[Sedition Act]] for criticizing the [[president]].

The [[Sixth Amendment]] contains perhaps the greatest safeguard of all against false accusation: the right “to be confronted with the witnesses against him.”  This includes the right of cross-examination, by which an accused person's attorney can question the government witnesses in open court.  Statements made outside of court can be excluded in criminal trials if the defendant lacks an opportunity to cross-examine the person who made the statement.  “I heard someone say he saw defendant rob the bank” isn’t going to be allowed, unless that someone is cross-examined in open court.

The [[Sixth Amendment]] contains perhaps the greatest safeguard of all against false accusation: the right “to be confronted with the [[witness]]es against him.”  This includes the right of cross-examination, by which an accused person's [[attorney]] can question the government [[witness]]es in open court.  Statements made outside of court can be excluded in criminal trials if the defendant lacks an opportunity to cross-examine the person who made the statement.  “I heard someone say he saw defendant rob the bank” isn’t going to be allowed, unless that someone is cross-examined in open court.

Many feel that these amendments have been expanded too far to protect dangerous criminals.  This became a national controversy in the 1960s, as the [[Supreme Court]] interpreted these amendments broadly in favor of criminal defendants.

Many feel that these amendments have been expanded too far to protect dangerous [[criminal]]s.  This became a national controversy in the 1960s, as the [[Supreme Court]] interpreted these amendments broadly in favor of [[criminal]] defendants.

Others, while no friends of real criminals, feel we need the protections to limit a government greedy for power.  [[Christianity]] is based on the unlawful execution of an innocent man, [[Jesus]].  He had no right to an attorney in Roman court.  The [[Greeks]], not the Romans, allowed advocates or attorneys in trials.   

Others, while no friends of real criminals, feel we need the protections to limit a government greedy for power.  [[Christianity]] is based on the unlawful execution of an innocent man, [[Jesus]].  He had no right to an [[attorney]] in [[Roman]] court.  The [[Greeks]], not the [[Roman]]s, allowed advocates or [[attorney]]s in [[trial]]s.   

Many would rather see fifty guilty persons go free than to wrongly convict an innocent man.  What do you think?

Many would rather see fifty guilty persons go free than to wrongly convict an innocent man.  What do you think?

The [[Supremacy Clause]] may be the most important provision in the entire Constitution.  It is on page 328:  

The [[Supremacy Clause]] may be the most important provision in the entire Constitution.  It is on page 328:  

:This [[Constitution]], and the Laws of the [[United States]] which shall be made in Pursuance thereof ... shall be the supreme Law of the Land ... any Thing in the [[Constitution]] or Laws of any State to the Contrary notwithstanding.

:This [[Constitution]], and the Laws of the [[United States]] which shall be made in Pursuance thereof ... shall be the supreme [[Law]] of the Land ... any Thing in the [[Constitution]] or Laws of any State to the Contrary notwithstanding.

U.S. Const. Art. VI.

U.S. Const. Art. VI.

What does it mean?  It means that [[Congress]] overrides every state law and state constitution.  The federal government reigns supreme.  What it says, goes.

What does it mean?  It means that [[Congress]] overrides every state law and state [[constitution]].  The federal [[government]] reigns supreme.  What it says, goes.

In our history, states have sometimes defied congressional law.  [[James Madison]] and [[Thomas Jefferson]] themselves started the nullification doctrine, declaring that a state could nullify as unconstitutional an act of [[Congress]] (in their case, the Alien and Sedition Acts in 1798).  After all, what is a state to do if [[Congress]] and the [[Supreme Court]] team up against it?  In 1809, the [[Pennsylvania]] legislature ordered the state militia to prevent a federal marshal from serving a writ (order) that it felt was unconstitutional.  The federal officers simply arrested the state militia, but [[James Madison]] pardoned them.   

In our history, states have sometimes defied congressional law.  [[James Madison]] and [[Thomas Jefferson]] themselves started the nullification doctrine, declaring that a state could nullify as unconstitutional an act of [[Congress]] (in their case, the Alien and Sedition Acts in 1798).  After all, what is a state to do if [[Congress]] and the [[Supreme Court]] team up against it?  In 1809, the [[Pennsylvania]] legislature ordered the state militia to prevent a federal marshal from serving a writ (order) that it felt was unconstitutional.  The federal officers simply arrested the state militia, but [[James Madison]] pardoned them.   

Large states, like [[New York]], [[Virginia]] and [[Massachusetts]], were very reluctant to give away their power to the federal government by ratifying the [[Constitution]].  [[James Madison]] assured them that the “powers delegated by the proposed [[Constitution]] to the federal government are few and defined.  Those that are to remain in the State governments are numerous and indefinite.”  (Federalist No. 45)

Large states, like [[New York]], [[Virginia]] and [[Massachusetts]], were very reluctant to give away their power to the federal government by ratifying the [[Constitution]].  [[James Madison]] assured them that the “powers delegated by the proposed [[Constitution]] to the federal government are few and defined.  Those that are to remain in the State governments are numerous and indefinite.”  (Federalist No. 45)

Madison’s assurance seemed true at the beginning, but over time the federal government seized more and more power for itself, as opponents of the Constitution had feared.

Madison’s assurance seemed true at the beginning, but over time the federal [[government]] seized more and more power for itself, as opponents of the [[Constitution]] had feared.

==Key Decisions concerning Federalism==

==Key Decisions concerning Federalism==