The Sixth Amendment

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Source: http://www.oyez.org/cases/1960-1969/1962/1962_155

Constitutional Connection: Sixth Amendment, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

Explanation of Connection: The case of Gideon v. Wainwright is an example of the sixth amendment. In this trial, Gideon was accused of breaking and entering, and had to go to court. Because of lack of money to appoint an attorney he asked the court to appoint counsel for him. The court denounced his plea, saying that they only appoint attorneys for poor people and people with higher crimes. Gideon defended himself in court and was sentenced to 5 years in state prison. The question the Supreme Court faced was, did the state court's failure to appoint counsel for Gideon violate his right to a fair trial and due process of law as protected by the Sixth and Fourteenth Amendments? And the justices of the Supreme Court decided in favor of Gideon 9-0. This decision overruled the decison in Betts v. Brady.
     I believe that this trial was a major checkpoint in the United States history of the judicial system. Similar to the outcome of Miranda v. Arizona, this trial changed the way the system works. Because Gideon stood up and proclaimed that this was a disadvantage, now everyone has the right to an attorney. People that were probably innocent before this trial that faced the same situation an went to jail, could have been proven innocent if they would have had their appointed counsel. I agree with Justice Black who said this right was an "obvious truth". This trial was basically common sense, because everyone should have the right to have a professional represent them no matter what class they are.
    

Executive Branch 2

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Source:  http://editorialcartoonists.com/cartoon/display.cfm/39159/
Constitutional Connection: Artcle 2, Section 1, The Powers of the Executive Branch
Analysis of Connection: This political cartoon entitled Contaigious Behavior diplays the actions of the executive branch when George W. Bush & Dick Cheney were in office. George Bush being greedy, and over using the executive duties. He is drinking a bottle labeled Hubris, which is arrogance, basically saying that he has become arrogant, greedy and percieved as overreaching his duties as president. I like this artist abd majority of his artwork. He seems to tell the truth and possibly could be a democrat. Because he mostly speaks from a democrat's point of view.

Judicial Branch 2

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Source: http://www.msnbc.msn.com/id/37122637
Constitution Connection: Article 3, Section 2: "The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed."
Analysis of Connection: In this case a 32 year old lawyer was killed in 2006. There are 3 susepects being charged with conspiracy, obstruction of justice and tampering with evidence in the murder of Stephen Wone. Prosecutors say the suspects know who killed Wone and did not call police but instead cleaned up and disposed the evidence. The 3 suspects say they want the judge to come to a conclusion instead of the jury. They waived their right to trial by jury. I think that the suspects probably wanted to have the judge to decide instead of the jury because they probably think the judge would be more lenient on their crime. Although, this is a good right to citizens, to be able to waive trial by jury, I think this right should be used in only certain predicaments. Because members of a jury can influence eah other, but a judge has his one thought and sticks to his opinion.

Legislative Branch 2

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Source: http://www.msnbc.msn.com/id/37145286
Connection to Constitution: Article 1, Section 8: "Congress shall have Power … To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof"
Explanation of Constitution: In this article, Congress is trying to pass a bill that will limit direct wine shipments. This bill would decline the wineries' income and could harm their businesses. The wine businesses usually ship wine to the consumer's houses and profit off of the trip and the products bought. But Congress claims that this process could be allowing minors to drink, encouraging alcohol assumption and will ensure states sales. The wineries also sale their alcoholic to wholesale distributors, who give it to grocery and liquor stores. I think this bill could be a disadvantage to the income of the wineries and they could lose profit and possibly go bankrupt. But this can also be an advantage, because people are drinking alcohol is always a bad thing. When people drink there is never a good outcome. And having alcohol shipped to a customer's house is encouraging alcoholism. I think Congress should pass the bill, but only restrict the sales of alcohol directly to the customer's house and only allow the winery to distribute it to the wholesalers.

Judicial Branch

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Source: http://www.msnbc.msn.com/id/36916471/ns/us_news/
Constitutional Connection:  Article III, Judicial power is the power ''of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision.''
Explanation of Connection: In this article, a district judge of Michigan said that nine Militia members could be released since their charges did not mean they would overthrow the government. These people talked of killing local police officers and even judges. The judge dismissed this case and let the Militia go home and wait for their trial while on electronic monitoring devices. In March, they were charged with conspiracy to commit sedition and attempted use of weapons of mass destruction. The judge claims that the Michigan Militia named Hutaree will not impose any threat upon the public. I think that this order of the court could possibly have a bad outcome. These people obviously wanted to endanger people and were ready to do so. I watched this on MSNBC in March when this first surfaced. The broadcast explained how the Militia claimed this was for God and they had to carry this out. They also showed video of them training in the woods as if they were going to the war in Iraq. I believe that if a group is that dedicated to destroy, then they should be kept in jail or prison until they prove themselves innocent.

The Right to Bear Arms

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Source:  http://www.studentnewsdaily.com/cartoon/poll_stayskal/
Constitutional Connection: Second Amendment, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Explanation of Connection: This cartoon shows how people have the right to have a gun. I find that this right should have some restrictions on it. Not everyone should have have the right to possess a weapon. People that do not know how to use a weapon properly should not have the right to obatin a gun. Also, I think that guns should be kept at home in a very safe place. Because of all of the murders and victims of violence due to gun possesion, there should be a ban on all kinds of guns in public.

Freedom of the Press

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Source:  http://www.tankerbob.com/newsmeeting-dhimmis-explain-why-no-cartoon.jpg


Constitutional Connection: First Amendment "...or abridging the freedom of speech, or of the press;"

Explanation of Connection: In this political cartoon it shows how this newspaper has the right to produce a cartoon about Mohammed and Islam but instead chose not to, because it would be disrespectful. And the man on the right says that the Muslims could kill them. I think that this is a good thing, because as long as the information being portrayed is accurate and came from a reliable source, why not tell everyone else the truth? But I agree with the editor, because this cartoon that they wanted to release could possibly trigger violence.

KKK and the Right to Assemble!!!

11:34 PM Edit This 0 Comments »
Source: http://www.firstamendmentcenter.org/assembly/overview.aspx


Constitutional Connection: First Amendment,"...or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
Explanation to Constitution: In this article it explains that the Ku Klux Klan have the right to assemble, as long as it is peacefully of course. But when you think of the KKK you mostly think of the lynchings and threats that they make to other races and religions. But according to the First Amendment, the Ku Klux Klan have the right to peacefully assemble. In the article it tells of how government officials may not make or enforce restrictions on parades or protests in order to censor a viewpoint of a group. I think this is an advantage to some extent, because everyone should have the right to express their opinion, even if it means protesting. And as long as it has a peaceful outcome, where no one ends up hurt. But this can also be a disadvantage, especially when it comes to the KKK, this group that was formed around the idea of racism, anti-semitism, and hatred should not be able to parade the streets and express their opinion of how they are the only superior race. Most likely anything involving the Ku Klux Klan will not have a positive outcome.

The Tenth Amendment

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Source:


Constitutional Connection: Tenth Amendment  "The governmental powers not listed in the Constitution for the national government are powers that the states, or the people of those states, can have."



Explanation of Connection: This picture shows the right of the states to change what the national government can not change. For example, this teenager is getting her driver's license most likely at an early age. In other states the age for someone to get their license will most likely differ, since the state decides certain things that the national government does not have the right to do. Other rights the state determine include the rights to marriage, divorces, voting, state taxes, job & school requirements, rules for police and fire departments etc. I think this is an advantage that the states have because since the Constitution does not give the national government those rights, the states gain these certain rights. This can also be a disadvantage, because when it comes to voting different states have different ways of voting. This can cause a confusion similar to the incident with Al Gore and George Bush.

Fifth Amendment

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Source:
 http://www.ushistory.org/gov/10c.asp
Constitutionual Connection:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Analysis:
In this political cartoon it is asking the infamous Lorena Bobbitt what she did to her husband. The question is relating to the reason why she is in court. Which she does not have to answer because of her right to not be a witness against herself. I agree with this constitutional right, because no person should not be forced to any degree to confess or tedtify against his or herself. I find the cartoon funny because the men are clenching and the women are looking to her as a hero.

Freedom of Speech Taken Too Far??

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Source: http://www.cnn.com/2010/SHOWBIZ/TV/04/21/south.park.religion/index.html?iref=allsearch



Constitutional Connection: First Amendment "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."


Analysis of Connection: The show South Park has always been controversial and has exercised their right to freedom of speech to the fullest. The show has talked about all religions and all types of people. But on April 14 they aired a show about religious superheros and showed Mohammed the Muslim Prophet in a bear suit. Of course, the Muslim community was upset about this. And they basically posted death threats against the creators, Matt Stone and Trey Parker. "We have to warn Matt and Trey that what they are doing is stupid and they will probably wind up like Theo van Gogh for airing this show," the group said on its website. "This is not a threat, but a warning of the reality that will likely happen to them." Refering to the Dutch director who was killed by an Islam extremist, he made a video called "Submission" about the abuse of women in Islam. I believe that both have taken their rights of  freedom of speech too far. I sometimes watch South Park, but I kind of dislike the show because of their low blows to different religions and races. I know to some it may be entertaining, but it does cross the line sometimes. I can understand how the Muslim community could and should be upset, for a part of their religion was made fun of. But they also seemed to overdo their freedom of speech. Making statements that someone could end up like a dead person is out of bounds. But everything that the website has said has been protected by the First Amendment. I the end both parties are wrong, and I remain neutral in this issue. South Park should not have went that far in making fun of a religion, but they do it all of the time, this is not the first time they have made fun of Mohammed. At the same time I believe that the website, Revolution Muslim should have not made death threats over a cartoon, I understand that they may feel disrespected but people make fun of Muslims and other religions all of the time.

Executive Branch

2:57 PM Edit This 0 Comments »

Source:   http://editorialcartoonists.com/cartoon/display.cfm/83485

Constitutional Connection: Article 2, Section 1, Clause 8 : Oath or affirmation "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Explanation of Connection: This political cartoon entitled, The Fireman and The Arsonist shows how the Executive Branch has done all it can to clean up the mess that the Republicans have made. This shows the Executive Branch in action because, without Barack Obama and the rest of this branch, who would take care of our federal and national problems like the recession or the War in Iraq? The President represents the Executive Branch and he has attempted to put out the fire that the Republicans have made. The Republicans have botched The Economy, U.S. Treasury and Wall Street. Also, the political cartoon depicts that these issues or fires were started with cans of fuel which are labeled "Bush Defecit", "Iraq", and "Deregulation". I personally like this cartoon because I believe that the Republicans and George Bush are responsible for these issues. And everyone currently blames Barack Obama for the crisises we are facing. And I think it is unfair because when he was elected most of the issues were already there, just not as bad. Like the picture shows, President Barack Obama is tired and distressed because of these situations that he had to take control of. But it is his Presidential responsibility to preserve, protect and defend the Constitution of the United States. Yet I feel that George Bush did not attempt to do his best at choosing the right decision for America.

Cruel & Unusual Punishment!!

11:23 PM Edit This 0 Comments »
Source:  




http://www.msnbc.msn.com/id/16241245


Constitutional Connection:  The Eighth Amendment. "Excessive Bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments be inflicted."


Explanation of Connection: This article relates to the Eight Amendment because of the cruel and unusal punishment that Angel Diaz faced while being executed. Angel Diaz clearly suffered and had a hard time while being injected with the lethal chemicals. No cruel or unusual punishment should be inflicted on anyone. Yet, Diaz had been face to face with cruel and unusual punishment because he was being executed. Execution is already an unusal act of punishment. Killing someone because they killed someone is very hypocritcal. Diaz did not have a quick death, and had to go through pain before finally succumbing. I believe that the Death Penalty should be banned and illegal in all 50 states. If not, then at least find a safer way to kill the inmates. This case reminds me of the scene in the movie Law Abiding Citizens when the inmate being executed suffered because of a mix up in the chemicals, also resulting in a slow and painful death. I think it is sad how Angel Diaz died, and what he had to go through. Just because of a mishap, that was probably due to the executors.

Legislative Branch

10:15 PM Edit This 1 Comment »

Source: http://jcrue.files.wordpress.com/2009/12/ramirez-slavery.jpg
Constitutional Connection: Article 1, Section 8- Powers of Congress "The Congress shall have Power To lay and collect taxes, Duties and Excises, to pay the Debts and provide for th common Defence and general Welfare of the United States but all Duties, Imposts, Excises shall be uniform though in the United Statess."
Explation of Connection: The Congress is controling the taxpayers and making them work as if they are slaves. The taxpayers are going through trouble and hard times. While Congress is sitting back, relaxing, and enjoying the money, the taxpayers do not get any respect. The Congress is attempting to bargain with the taxpayers, by offering free healthcare service. The Constitution says that Congress has the right to obtain and put out taxes, which makes the taxpayers helpless. Without taxes we would not be able to fund schools, fix highways/ streets or help others.

Arabic Student's Fourth Amendment Violated

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Source: http://www.cnn.com/2010/CRIME/02/10/arabic.flash.card.suit/index.html?iref=allsearch

Constitutional Connection: The Fourth Amendment, Search and Seizure"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized."

Explanation of Connection: A college senior named Nicholas George was arrested at an airport after an airport screener found his Arabic-English flashcards. This case relates to our Living Constitution because Nicholas George's Fourth Amendment was violated, because this search was unreasonable and the airport screener did not even have a Warrant against Nicholas George to search his belongings and seize them. "The lawsuit, files by the American Civil Liberties Union, alleges officials violated George's Fourth Amendment protections against unreasonable seizure and First Amendment rights to free speech."
     I personally found this article interesting and not that suprising. I say this because since September 11, 2001 America's security has been really high. Most of this behavior is shown to Middle Eastern, even if they may not have originated in an Arab country. I think this is unfair and this treatment should be less harsh. I do not think it should be removed because there is always an possibility that a terrorist attack may happen. But this behavior should not only be towards Arabs and Arab- Americans, but all people who may come into the airport. After all, the Middle East is not the only territory that America has issues with. I think this story is interesting to some degree because I take Arabic classes, and if I were to get arrested over having Arabic flashcards in my bookbag, I would be upset, speak out against my amendments being violated and I would also attempt to sue.