...First Amendment protections of speakers’ rights to speech and assembly vary based on the speakers’ chosen forum. The Supreme Court breaks down forums into three types: traditional public forums, designated forums, and nonpublic forums. See Perry Educ. Ass’n v. Perry Educators’ Ass’n, 460 U.S. 37 (1983). Finally, some public property is not a forum at all. Traditional public forums include public parks, sidewalks and areas that have been traditionally open to political speech and debate. Speakers’ in these areas enjoy the strongest First Amendment protections. In traditional public forums, the government may not discriminate against speakers based on their views. This is called “viewpoint discrimination.” The government may, however, subject speech to reasonable, content-neutral restrictions on its time, place, and manner. When considering government restrictions of speech in traditional public forums, courts use “strict scrutiny.” Under strict scrutiny, restrictions are allowed only if they serve a compelling state interest and are narrowly tailored to meet the needs of that interest. Sometimes, the government opens public property for public expression even though the public property is not a traditional public forum. These are designated public forums. After opening a designated public forum, the government is not obligated to keep it open. However, so long as the government does keep the forum open, speech in the forum receives the same First Amendment protections as...
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...Teacher’s Guide Anatomy of the Constitution Time Needed: One class period Materials Needed: Student worksheets Copy Instructions: Preamble Activity Half Sheet (class set, divided) Student packet (three pages double-sided; class set) Preamble (Transparency) Whose Job Is It? (Transparency) Foldable Activity (class set) Learning Objectives. Students will be able to: explain the structure, function, and powers of the U.S. government as established in the Constitution identify the roles of the three branches of government describe the constitutional amendment process interpret the intentions of the Preamble of the Constitution. STEP BY STEP 1) ANTICIPATE by asking students where the government gets it’s instructions. How does Congress, the President, or federal judges know what to do? Give students a moment to think, then randomly call on students to share their thoughts. 2) DISTRIBUTE one reading packet to each student. 3) READ through the first two paragraphs on page one with the class. 4) DISPLAY the transparency, Breaking it Down: The Preamble and explain the statement, phrase by phrase. The students should add the annotations to their reading. Also note that people living in the 1700s had different rules about capitalization than we do today. 5) READ the rest of page one, continuing through page three with the class. Explain that you will go into greater detail on the amendment process on the next page. 6) READ the information about the amendment process...
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...Professor Austin Zimmer Court History and Purpose Paper The court is an intricate part of the American criminal justice system because they decide what happens to people charged with violating the law. This paper will describe what a court is and its purpose; define the dual court system, describe the role that the early legal codes, the common law, and precedent played in the development of courts. Finally, I will identify the roles of the court in the criminal justice system today. Court is a place where justice is administered; a judicial tribunal duly constituted for hearing and determination of cases; a session of judicial assembly. According to the U.S. Justice Department court is defined as “an agency or unit of the judicial branch of government authorized or established by statute or constitution, and consisting of one or more judicial officers, which has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it.” There are two divisions of the American court system- civil and criminal courts. Civil court is a court of law in which civil cases between private parties are tried and determined. Criminal courts has jurisdiction to try and punish offenders against criminal law. The purpose of the court is to provide a forum to resolve disputes and to enforce laws in a fair and rational manner. There are four ultimate functions of the court system. First, upholding the law; second, protecting individuals; third, resolving...
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... | | |College of Humanities | | |HIS/301 Version 6 | | |U.S. Constitution | Copyright © 2012, 2010, 2008, 2006, 2005, 2004, 2003, 2002, 2000, 1997, 1994 by University of Phoenix. All rights reserved. Course Description This course is an introduction to the historical, political, philosophical, and economic roots of the U.S. Constitution. It first reviews the philosophical arguments of the Federalists and the Anti-Federalists, those that supported and opposed ratification of the Constitution. The course then examines milestone Supreme Court decisions and the Court’s evolving interpretations of the Constitution. This course focuses on the first ten amendments of the Constitution, known as the Bill of Rights, and the issues of slavery and civil rights as seen through major court decisions. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document...
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...Part 1 Study of the Law in General Chapter 1 LEARNING OBJECTIVES After reading this chapter, the learner should be able to: 1. Differentiate between public and private law. 2. Compare and contrast contract and tort law. 3. Compose a scenario that illustrates the difference between the substantive and procedural aspects of criminal law. 4. Identify and explain the differences between various sources of law. 5. Describe the branches of government and their roles in creating, administering, and enforcing law. 6. Explain the process of how a bill becomes a law. 7. List and describe quasi-legal requirements to which health-care organizations are subject. KEY CONCEPTS Common law Conflict of laws Constitution Contract law Deeming authority Electronic case filing systems Felonies 2 Law Misdemeanors Ordinances Private law Procedural law Public law Res judicata Separation of powers Stare decisis Statutes Substantive law Tort law Words of authority Workings of the American Legal System INTRODUCTION As health care becomes more complex, the interplay between the law and health care increases. Government regulation of the health-care field continues almost without pause while lawsuits against health-care providers appear to increase. The interplay of these forces significantly affects the health information manager’s ability to manage patient-specific health information. Thus, the health information manager must possess a fundamental...
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...US History to 1865 Paper By: Nicole Riedy HIS/115 January 6, 2014 Instructor: Amy Obszarski Constitution of the United States During the 1700’s men such as Benjamin Franklin and Thomas Jefferson came up with a group of laws that they thought would benefit the people of the Americas. There were a few complaints with the Decoration of Independence that the Constitution was able to address and at the same time the Constitution was able to identify and address weaknesses of the Articles of Confederation. There are many reasons as to why the Constitution evolved but it served well for the United States. The Great Compromise was a formal agreement for both large and small states to have two representatives in the upper house for each state. The Connecticut Compromise or as it is most likely known as The Great Compromise, was written in 1787 during the Constitutional Convention by Oliver Ellsworth and Roger Sherman. The Constitutional Convention set up it to where each state would be able to have their own congressional representation and legislative structure. The Great Compromise also required that each state be represented by two representatives within the upper house and that representation in the lower house be equal between all states. This congressional congress session went on for seven long weeks and was almost ruined or destroyed by the issue of representation. The states still argues that they were providing more of a contribution to the financial and defensive...
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...and thus binding upon the courts unless they contravene constitutional principles), judicial interpretations of the law are critical to how a law is enforced because of their precedential effect. The courts do not have the power to pass laws. But given the British common law origins of the U.S., there are still many areas of law in which there is no controlling statute, so judge-made common law generally governs; for instance, in contract law. Constitution of the United States ("the Constitution"): The supreme law of the United States. The Constitution enumerates various powers of the federal government and describes the relationship between the federal government and the states. No governmental body, state or federal, has the power to pass, interpret, or enforce a law in contravention of the Constitution, which can be amended only through a rigorous and long amendment process. Unlike many parliamentary systems, the U.S. Constitution is supreme to the legislature (i.e. legislative/parliamentary supremacy is not a concept in U.S. government). That means Congress or the states cannot pass a bill that is exempted from being constitutional. Note that each state also has its own constitution, but even that is subject to the...
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...LP1.1 The U.S. Legal System I. United States Constitution 1. Which Article of the U.S. Constitution creates the: a. Executive Branch? Article 2 b. Legislative Branch? Article 1 c. Judicial Branch? Article 3 2. What Article of the U.S. Constitution describes the procedure for amending the Constitution? Article 5 3. Which Amendment in the Bill of Rights: a. Guarantees "freedom of speech"? Amendment I b. Guarantees that a citizen accused of a crime receives a "speedy and public trial, by an impartial jury"? Amendment VI c. States that, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States,are reserved to the States respectively, or to the people"? Amendment X II. Federal Government 4. List the names of the U.S. Senators for your state, or the state of your choice. I´m an international student, I´m Mexican for this reason I choose the New York state. * Chris Schumer. * Kristen Gillibrand. 5. List the name(s) of the U.S. Representative(s) for your Congressional District in your state, or the state of your choice. 1 Bishop, Timothy 2 King, Pete 3 Israel, Steve 4 McCarthy, Carolyn 5 Meeks, Gregory W. 6 Meng, Grace 7 Velázquez, Nydia M. 8 Jeffries, Hakeem 9 Clarke, Yvette D. 10 Nadler, Jerrold 11 Grimm, Michael 12 Maloney, Carolyn 13 Rangel, Charles B. 14 Crowley, Joseph 15 Serrano, José E. 16 Engel, Eliot 17 Lowey, Nita 18 Maloney, Sean...
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...discipline, military courtesy, and drill and ceremony. This is the only middle school to have a cadet core in the valley which has some discipline as the army by having not only a principle/teacher from the army but a friend they can relate to. The person I’m talking about is Joe Derma who to the Cadet Corps is the “Cadet Commandant”. The Cadet Corps was established in 2004 at the Bill E. Young, Jr. Middle School in Calipatira and has been going on since then. The Cadets meet at the last period of class in their school time which consists of 7 periods. There are currently 30 cadets in the program. During the year they will have extra help in learning the U.S. Constitution, Current affairs, Economics, and Physical Education. At the end of the year all 8th graders are required to pass the test for their knowledge in the U.S Constitution to graduate to high school. The Cadet Corps helps them understand the information they received by their history teacher. They discuss the current news and talk about how they feel on the subject and why things are the way they are. The Economics they learn would be about the production and consumption of goods and the transfer of wealth to produce and obtain those goods. The study...
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...Rockwood Law 331 Sec 01 “Constitution and Levinson Ideal” After the United States gained Independence on July 4th 1776, there was a need for a new rule on law and basic rights. The foundation of our country needed an official document to be established and written for future generations and for concrete reference. The original idea regarding the document, was thought necessary to be drafted from the Articles of Confederation, but later this idea was deterred. The Constitution was created on new precedent and adopted on September 17th, 1787. Our Constitution was written to be the backbone of our established government “for the people by the people”. According to the Independence Hall Association’s website, our country has the second oldest active Constitution in the world, behind the “1600 Statutes of San Marino”.(1) The Constitution has had Amendments conjoining or slightly altering it’s contents. But overall, The Constitution is arguably the same document at it’s core as when it was originally ratified. Sanford Levinson, in his book “Our Undemocratic Constitution”, pushes for the idea of another constitutional convention to revolutionize what he calls “hardwired” defects in the Constitution. These “hardwired” defects are whittled in the constitution’s grain and cannot be solved through even the most farfetched interpretation. A main theme of his book is based on the almost impossible but more than improbable process of amending the Constitution let alone holding his envied...
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...University of Phoenix Material Influences on the Constitution Table Write one or two paragraphs in each section. Include citations for your sources. |Documents |Summary |What was its influence on the Constitution? | |Magna Carta |The Magna Carta is the first document to challenge the king, |One of the most important influences was the habeas corpus: due process of law. This| | |protecting the people from feudal abuse (Whipps, 2012). It |was written in the middle of the Magna Carta, which came over to the “new world” | | |helped influence some key ideas into the U.S. Constitution. |with the pilgrims (Whipps, 2012). | |Mayflower Compact |This article was drawn up on the mayflower because of the |This was in a way the first constitution since there was not a government set up yet| | |mutinous speeches that had come about because of where they |when the pilgrims arrived. It attempted to establish temporary government in the new| | |were going to settle. In a way this was the first constitution,|world (history). ...
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...and the information in Chapter Four of this Handbook. 1. Which citation form is correct? CHECK: Bluebook Rule 10. BONUS: Name the court that handed down the decision. a. Turner v. Safley, 482 U.S. 78, 55 U.S.L.W. 4719, 107 S. Ct. 2254 (1987). b. Turner v. Safley, 482 U.S. 78 (1987). c. Turner v. Safley, 482 U.S. 78, 107 S. Ct. 2254, 96 L. Ed. 2d 64 (1987). 2. Which citation form is correct? CHECK: Bluebook Rules 10.2.2 and 10.4 BONUS: Name the court that handed down the decision. a. Earl Allen v. Thomas Toombs, 827 F.2d 563 (9th Cir. 1987). b. Allen v. Toombs, 827 F.2d 563 (D. Ore. 1987). c. Allen v. Toombs, 827 F.2d 563 (9th Cir. 1987). 3. Which citation...
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...Denzel Ngo William Davis Political Science 101 20 April 2011 Term paper The significance of the fact that the Nevada Constitution is lengthier than the U.S. Constitution is insurance for the state. The Constitution assures the states of its problems and its issues. The Nevada Constitution was approved on the first Wednesday of September 1864. In the state of Nevada, the significant fact that lengthens our Constitution from the U.S. Constitution is the gaming Constitution. The gaming Constitution needs to be addressed when congress or any other political parties speak about Nevada. The state of Nevada operates most of its residual income through entertainment, hotels, and gambling. In almost every hotel in Nevada, slot machines, poker tables, and about hundreds of gambling activities are played throughout casino floors to keep customers entertained. Entertainment is very important in Nevada’s hotels. Keeping the guests entertained is an essential factor for them to keep coming back to Las Vegas. Tourists from all over the world come to Las Vegas, Nevada to enjoy the warm climate and gamble money hoping to strike luck. Other Entertainment activities are always present in the Las Vegas strip. For example, while a tourist is driving through the Las Vegas strip; tourists are attracted by bright casino lights, and shows that occur in front of casino property. Hotel properties are designed in an elegant way to make the tourist’s vacation worth the money. This is a...
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...to be on the table, and transparent. Of course, troops strength, strategy, and general war plans should be kept from the enemy, the need of informing our own people has been a tight rope that is not easy to balance on for any one person. This was especially true of the “enhanced interrogations” used by the Bush administration at the beginning of the War on Terror. What this paper plans to do is to explain the four greatest players in this policy of enhanced interrogations, what each player brought to the table, and how each player impacted the final policy of the administration. One of the biggest problems of the war on terror has been what to do with the battle field detainees. The questions faced by those in charge were, and are, how to balance the need for timely, accurate information from those that would do us harm, and still follow treaties this country is signed on to and our own law when it comes to interrogation. The 8th Amendment of the constitution reads in whole: Excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishments inflicted, (U.S. Const. amend. VIII) This Amendment to our Constitution is the basis for crime and punishment in the United States. It is one of the first places we look when setting up a structure for dealing with imprisonment in the United States. The Constitution, being such an important institutional idea in the United States necessarily means that those who interpret the Constitution, the Judiciary...
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...Rights and Freedoms The Bill of Right are the first Ten Amendments that were given to us by our founding fathers under the United States Constitution, which included: freedom of speech, freedom to practice any religion, the right to have weapons, the right of trial with a lawyer, and many more. These rights were opposed due to the fact that the Americans did not want to be controlled by England king any more. They wanted a country that would not be controlled by the country like many other countries around the world they wanted to be different and have the freedom to develop their own right and regulations. The Bill of Rights was written to provide all the people equal rights and freedoms to do as they please, yet they must obey the laws given to them in the United States Constitution, and “the peoples constitutional rights cannot lawfully be denied by government officials” (Patterson, 2011, p. 43). The freedom that was guaranteed to me in the first amendment that is relevant to my personal self is freedom of religion. As states by Thomas E. Patterson, Freedom of “religion: you are protected from having the religious beliefs of others imposed on you, and you are free to believe what you like” (Patterson, 2011, table 4-1). I personally can relate to this specific freedom, since I came of a country that has been in conflicts about who the land of Palestine (Israel) belongs to and which religion should take over. The way I see is that in Palestine (Israel) the Jewish people and...
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