Do We Have a Right to Bear Arms? by Barbara Sheehan

The Second Amendment to

Speaking Your Mind With the First Amendment the U.S. Constitution protects by Roberta K. Glassner, Esq. every U.S. citizen’s “right to bear

f you’ve ever had a civics class, you probably arms.” Or does it? This question

know that the government and laws of remains in debate as modern-day I this country were established by the U.S. concerns about violence in Constitution. But not every law is contained in the our society intensify. body of the Constitution itself. What does the Second Many of the laws we consider our changes you would like to see in the Amendment say? constitutional rights are found law. Simply put, the First Amendment Specifically, the Second in the first 10 amendments to the protects your right to worship freely, Amendment states: “A well Constitution, known as the Bill of to speak, read and write freely and to Rights. These rights were added to the meet freely. regulated militia , being U.S. Constitution on Dec. 15, 1791. necessary to the security of a free Some people consider the First Freedom of religion Amendment of the Bill of Rights to be Can your public school enforce State, the right of the people to the most important. This amendment a policy requiring each school day keep and bear Arms, shall not be guarantees every American three to begin with a prayer? The First freedoms that are essential to Amendment says it cannot because the infringed.” . Bill of Rights guarantees the right of democracy Does this mean that every Under the First Amendment, everyone in your school to worship as you are guaranteed freedom of religion, he or she chooses—or not to worship at private U.S. citizen should be

freedom of speech and of the all. A prayer that is compelled in public entitled to keep and bear a gun? press, and freedom to school, however simple, may not reflect attend public meetings the religious beliefs of every student. Or should only those who are

and petition your And for those who choose not to follow acting in some kind of organized government—to any faith, that prayer would not reflect tell it of their choice at all. “militia,” such as the police or government-sanctioned Speak up One of the great things about living armed forces, be entitled to in the United States is your right to carry weapons? To make a free speech. Let’s say you are a determination on this issue one

continued on page 2 continued on page 4 First Amendment continued from page 1 Amendments That Never Came Close Star Wars fan who went to see The Phantom Menace and thought it was awful. The First Amendment gives One of the great features of the U.S. Constitution is its flexibility. At you the right to express your opinion to anyone who the time of its ratification, the population of the United States was will listen. And if your school has a newspaper, you can around four million. Today our population exceeds 270 million. Since write a review of the movie and say exactly what you its adoption, the U.S. Constitution has only changed 27 times. That is thought of it. Your friends may disagree with you, but an amazing fact considering the changes in technology, infrastructure, it’s their constitutional right of free speech to express population, etc. in this country in more than 200 years. The framers their opinions too. Other examples of free of the Constitution gave it that flexibility because they realized that speech would be if your no document could cover all of the changes that would take place parents buy a car and it keeps in the world. breaking down, they can tell There have been close to 10,000 amendments proposed in everyone they know what a Congress since 1789, and only a fraction of a percentage of those “lemon” that car is. If you think receive enough support to actually go through the constitutional the president of the United States is ratification process. a great president, you can express that view freely The success rate of an amendment to become part of the and openly. If you think he’s not great at all and think U.S. Constitution is less than one percent. Following are just some someone else would do a better job, you can say so of the proposed amendments to the U.S. Constitution that never just as freely. left the halls of Congress: The First Amendment guarantees that you cannot be stopped from saying what you think—not by the 1876: An attempt to abolish the United States Senate. producers of Star Wars , not by the manufacturer of 1876: The forbidding of religious leaders from occupying your parent’s car and not by the president or the a governmental office or receiving federal funding. government. The First Amendment also guarantees 1878: An executive council of three should replace the your right to express your opinion without speaking. office of president. Free speech includes wearing a button, carrying a sign, 1893: Renaming this nation the “United States of the Earth.” putting a bumper sticker on your car or wearing a 1893: Abolishing the United States Army and Navy. T-shirt with a message on it. 1894: Acknowledging that the Constitution recognize God and Jesus Christ as the supreme authorities in human affairs. Can I say anything? 1912: Making marriage between races illegal. So, does that mean that anyone can say anything 1914: Finding divorce to be ill egal. at any time? Are there ever limits to your right to free 1916: All acts of war should be put to a national vote. Anyone speech under the Bill of Rights? voting yes has to register as a volunteer for service in the The answer is yes, because no right is absolute. You are expected to exercise your right to free speech United States Army. like every other right you enjoy—in a reasonable way at 1933: An attempt to limit personal wealth to $1 million. the right time and in the right place. Your right to free 1938: The forbidding of drunkenness in the United States and speech does not permit you to stand up in the middle all of its territories. of class, interrupt a lesson and just speak out anytime 1947: The income tax maximum for an individual should you have something important to say. You may be in not exceed 25 percent. the right place, but it would not be the right time and 1948: The right of citizens to segregate themselves from others. it certainly would not be reasonable or fair to your 1971: American citizens should have the alienable right to an classmates or your teacher. environment free of pollution. And no one can yell “FIRE!” in a public place

Source: www.unitedstates-on-line.com when there is no fire so that it causes people to run for the exits in panic. The U.S. Supreme Court has held that any form of speech designed to cause harm

2 to other people is not entitled to protection by the First Amendment. Speech that tries to stir everything. Magazines can print articles in your town park. If you are assigned a up people to become violent about the lives of famous people. And field to play on, you have successfully toward others is not radio and television can broadcast petitioned a government office. protected. Speech stories about any event they find But what if you are told that no field that tries to get interesting or important in this country is available? Then you have the right to people to damage or in other countries around the world. go further and send a letter, or a the property of Whether anyone agrees with the ideas petition, to your county freeholder. others is also presented in these books, newspapers, If you are told again that no field is not protected. magazines or broadcasts is up to each available, you can go on to appeal to individual, but the First Amendment your district assemblyperson and your Stop the presses protects the right for these ideas to senator. Under the First Amendment, The First Amendment not only be presented. you have the right to petition all these protects your right to express your own people to try to get your government to ideas and opinions, it also protects your Petitioning your government respond to your need for a soccer field. right to read and hear the ideas and What about the First Amendment’s Think for a minute about the First opinions of others. That right is called right to petition? Let’s say you are a Amendment and try to imagine what it freedom of the press and it applies to member of your school’s soccer team. would be like if you did not have the books, newspapers, magazines, radio There is only one field at your school constitutional rights it protects. Are and television. and that is where the football team there any rights you would like to see Under freedom of the press, a practices and holds its games. expanded? Do you think any should publisher can print a book that claims Under the First Amendment’s right be limited? ★ aliens from other planets live among to petition, you and your teammates can us. A newspaper can print editorials write to your county park and recreation Roberta K. Glassner is an attorney stating opinions about anything and department and ask for a playing field in New Jersey.

Crossword Puzzle #1 see solution on page 13

A C R O S S

1 legal proceedings, such as a trial, which enforce and protect our rights. (two words)

3 in a trial, the person who is accused of a crime.

4 a body of citizens, enrolled for discipline as a military force, but not engaged in actual military service except in emergencies.

7 a case before a court.

D 0 W N

2 a demand in court for something (i.e., money) that the plaintiff believes is owed him or her.

3 (in terms of gun ownership) the lack of legal capability to perform an act (i.e., persons under age, insane persons and convicted criminals are all under a legal disability).

5 to give evidence under oath as a witness.

6 a formal written document outlining a request made to a higher authority such as a government official.

8 process of looking for something. 3 The Right to Bear Arms continued from page 1

might consider what was happening in day. Lobbyists for gun control argue person who wants to buy a gun in New our country in 1791, when the Second that the Second Amendment was not Jersey must be an adult, must apply to Amendment was ratified as part of the intended to guarantee private citizens his or her local police department for a Bill of Rights. the absolute right to own guns, and they firearms purchaser identification card At that time, our nation had only argue that the government has the and must pass a fingerprint check. Once recently won its independence from the power to regulate the sale and the ID card is obtained, a person must British in the American Revolution, and ownership of firearms. Gun lobbyists, wait seven days before buying a gun. George Washington was just two years on the other hand, such as the National To obtain a firearms purchaser ID into his term as the first president of Rifle Association (NRA), point to the card, a person must be of good character the United States. A formal “police words of the Second Amendment and and good repute, Henderson said. This force,” as we know it today, did not strongly defend an individual’s “right is defined in terms of “disabilities.” exist and much of the structure of our to keep and bear arms.” For example, a person who has been government was just being established. convicted of a crime, or who has a In sharp contrast with today, the “arms” What does the Court say? domestic order against him or her in question at that time were muskets, The intent of the Second prohibiting gun ownership, is Amendment remains a subject of great not machine guns, and weapons were considered to have a disability largely reserved for hunters or soldiers debate. There are, however, a number of and is not eligible to purchase a gun. in battle. federal and state laws governing the Other disabilities include being drug issue of gun control. dependent, an abuser of alcohol or What would our According to New Jersey Assistant confined to a hospital, institution forefathers say today? Attorney General Carol Henderson, a or sanitarium for a mental problem. The debate over the meaning of the Also, a person with a physical defect Second Amendment continues to this or disease that would make it unsafe

Crossword Puzzle #2 see solution on page 13 A C R O S S

5 to be tried in a court of law twice for the same offense. (two words)

8 a civil wrong or injury for which the injured party is entitled to compensation.

9 a government run by the people through elected representatives.

D 0 W N

1 the process of taking something that has been found.

2 a person under 18 years of age.

3 to remain objective and treat all others fairly.

4 to offset an error or wrong committed, most often in the form of money.

6 a person whose business is to gain the passage or defeat of bills pending before a legislative body.

7 a written document from a judge authorizing anything from a search to an arrest to the obligation to pay a fine.

4 The Right to Bear Arms continued from page 1 for him or her to have a gun is must then approve the application. The Constitutional considered disabled and is not court may grant a permit to carry Trivia allowed to purchase a gun, she said. at all times, which is highly unusual, • The U.S. Constitution was drafted Henderson noted that exceptions in or a limited permit to carry. in 1787 at the Constitutional some of the above cases may be made if Permits to carry are very Convention, which met at the the gun applicant has a certificate from restrictive, Henderson said. For Statehouse in Philadelphia in a medical doctor or psychiatrist stating example, applicants must meet the May 1787. that he or she no longer suffers from requirements for purchasing a gun • There were 55 delegates to the the disability. and must also show a justifiable need Convention. The last delegate to carry a gun, such as for their job. An arrived on August 6, 1787. What are the laws for minors? example of this might be an employee • Twelve of the 13 states were In accordance with New Jersey law, of an armored car company. represented by delegates. minors, or individuals under age 18, Rhode Island did not send may not own, carry or use firearms What is the Brady Bill? delegates to the Convention. except under specific circumstances. In addition to state laws, there are • Although George Washington was For example, a minor may hunt also federal laws governing gun control. the President of the Constitutional with a firearm only if he or she is under One of the most widely known among Convention (not yet president of the direct supervision of the person these is the Brady Bill, named after the United States), James Madison who has a firearms purchaser ID for the former White House press secretary is called the “Father of the gun, and only if the minor has passed a James Brady, who was shot and Constitution.” special hunter’s exam. Also, minors seriously injured during a 1981 • The U.S. Constitution needed to be may use firearms for target shooting assassination attempt on President ratified by 2/3 of the states (nine only if the shooting takes place at a Ronald Reagan. states) in order to become law. range that is approved by the town While laws in New Jersey require a • New Jersey was the third state to where the range is located, and only if seven-day waiting period, the Brady Bill ratify the U.S. Constitution on there is competent adult supervision. gives law enforcement officials in December 18, 1787. The ninth state other states that do not have similar to ratify the Constitution, making How should guns be gun control laws, five working days to it law, was New Hampshire on transported? run a background check on prospective June 21, 1788. Just as there are specific laws for handgun buyers. These federal and • Not all states had ratified the purchasing guns, there are also set state laws are intended to stop the Constitution by April 30, 1789, when regulations for transporting firearms, sale of guns to felons and those who George Washington became the first Henderson noted. For example, most otherwise are not qualified to own guns. individuals who use their firearms for president of the United States. The last state to ratify the Constitution such purposes as hunting and target The debate continues shooting must keep their guns in a As violence continues to plague was Rhode Island on May 29, 1790. • The structure of the Constitution locked case in the locked trunk of their our society, the topic of gun control car, and may only transport their guns remains a serious local and national has not changed since it was to and from their intended destination. concern. Legislators, politicians and written in 1787. • Amendments have provided the People who wish to have more others continue to debate the range of extensive “carrying” rights must apply the Second Amendment as they draft flexibility necessary to meet to their local police chief for a permit to laws that strike a balance between a changing circumstances in society. • Nineteen of the members who were carry a gun. If approved by the police person’s “right to bear arms” and chief, the Superior Court of New Jersey public safety. ★ chosen to represent their states at in the county where the applicant lives the Constitutional Convention never attended a meeting.

Source: www.bensguide.gpo.gov

5 Fourth Amendment and Your Right to Privacy your bag searched. “The Fourth Amendment protects me against by Roberta K. Glassner, Esq. unreasonable searches and seizures,” you boldly protest from the bus steps. he Fourth Amendment to the U.S. “I haven’t done anything wrong. I think Constitution protects a right that is an this search of my bag is unreasonable,” you contend. T important part of your life today—your right against unreasonable searches and seizures. Under all the circumstances OK. We’re back again to what is If this amendment had never been passed, your reasonable and unreasonable, aren’t life today would be very different. Without a law to we? Only now you have to add something new to the question of protect your rights, you would be subject to searches “reasonableness”—and that term is of your belongings anytime law enforcement or the under all circumstances . Our courts say that the legality of a search of government wished. a student or his or her belongings by a teacher depends on the reasonableness, Your right to privacy different people. How do our courts under all circumstances, of the search. In plain language, the Fourth define “unreasonable” and “reasonable” So let’s return to your camping trip, Amendment protects you from law when it comes to a search or seizure of and, this time think about the search enforcement entering your home your private property? of your overnight bag in terms of all the uninvited. In most instances, no circumstances surrounding the search. persons can enter your home unless you Is that reasonable? It is important for you to know that your let them in or they have an order from Let’s say you have signed up for an overnight school trip to go camping. school has been taking students on the court, called a search warrant . camping trips for the past 15 years. Your personal possessions are protected The teachers will be the chaperones— And on some of those 15 earlier trips, in the same way. In most cases, no one no parents on this one. Of course, your teachers found dangerous things in can touch, search or take anything that mom does sign a permission form for overnight bags—from drugs and liquor belongs to you without your permission you to go on the trip. The form states that to sports knives, sling shots, homemade or a court order. the overnight bags you and your friends rockets and fireworks. In legal language, the Fourth bring will be opened and checked before You know that school administrators Amendment protects your right against anyone can get on the school bus. and teachers have a duty to protect “unreasonable searches and seizures.” You, as a sharp legal eagle who knows your constitutional law, object students in classrooms and on school A search , of course, is the process of to having grounds from the misbehavior of other looking for something. Seizure is students. But in maintaining order, your the process of taking something teachers also have a duty to respect their that has been found. But the word students’ constitutional rights. That unreasonable is a little more comes down to a delicate balancing act complicated to pin down. It could between your Fourth Amendment right be that what is perfectly reasonable to privacy and your school’s need to to you appears completely maintain discipline and provide unreasonable to someone else you with a safe environment. and vice versa. Your teacher’s duty to When it comes to the protect you and the other Constitution, we often look to our students on your camping courts to tell us the meaning of terms trip is no different than it is that can be interpreted differently by in school. At both times,

6 No Room at the Inn you are away from home and your teachers have the same responsibility The Fourth Amendment gives you rights that are very much part for your safety and well being. So whether a teacher or principal of your everyday life today. The Third Amendment, on the other hand, conducts a search of you or your protects you against a practice you may not even know took place. property in school or on the steps Back before and during the Revolutionary War, the government could of a camp bus, the court applies the same standard. force the colonists to “quarter” soldiers in their homes—which meant giving them meals and a place to sleep, whether or not they had extra food or Warrantless space. As you can imagine, people were less than overjoyed with the searches The law government‘s “open house” policy. recognizes In response to the protests of the citizens of the new two kinds of searches, United States, the government passed the Third Amendment to the Constitution and put an end once and for all to the warrantless practice of “quartering” troops in private homes. searches and those with a search — Roberta K. Glassner, Esq. warrant. For teachers and principals who usually have to act on the be yes, when the spot to protect students, as long as a grounds for the search reasonable suspicion exists, a are reasonable, under warrantless search is permitted. all circumstances. ★ On the other hand, police must have a search warrant most of the time before A Burning Question: they can conduct a search. A warrant is a document a police officer obtains Protect the Flag or the U.S. Constitution? from a judge who is convinced that a by Roberta K. Glassner, Esq. and Jodi L. Miller law has been broken based on the ld Glory, the Stars and Stripes—the evidence presented. American flag has many names and some That evidence, known as groups think burning it should be a crime. probable cause , has to be solid enough to justify the police entering a O Others see the burning of our flag as a right protected property and conducting a search. Think of all the things in your life under the First Amendment to the U.S. Constitution. that you consider to be private or your The United States Congress is again always approved the amendment by an very own property. Some of you may considering a proposal to amend the U.S. overwhelming majority, the U.S. Senate carry book bags, some carry gym bags. Constitution giving “Congress the power has not. The last time this amendment Some of you wear a purse on your to prohibit the physical desecration was considered by the Senate was June shoulder, others keep a wallet in your of the flag of the United States.” This 2006, when the measure fell short of pocket. Your locker has its own measure was introduced and approved the two-thirds majority needed by combination, known only to you. Do you in the U.S. House of Representatives in one vote. think a teacher or administrator ever has 1995, 1997, 1999, 2001, 2003 and most the right to search any of these things recently, on June 22, 2005, the measure Who sparked this controversy? while you are in school? Based on what passed in the House by a vote of 286- Two rulings by the U.S. Supreme you have read here, your answer should 130. The proposal now goes to the Court set the path of the Flag Protection U.S. Senate. While the House has Amendment in motion. In 1984, a

continued on page 16 7 The Truth About Taking the Fifth by Roberta K. Glassner, Esq.

ow many times, on television and in appealed and ultimately heard by the U.S. Supreme Court. movies, have you heard someone answer The Supreme Court ruled that a question by saying, “I take the Fifth?” Ernesto Miranda ’s confession could H not be used to convict him because he What does “taking the Fifth” mean and who really had not been told of his constitutional has the right to take it? rights under the Fifth Amendment. As a result, he was set free. With the other words, if someone is tried in The famous “Fifth” is number Miranda case, the Court changed court for a crime and is found not guilty five among the first 10 amendments forever how police handle criminal by a jury, he or she can never be tried to the U.S. Constitution, known as the suspects. The Court ruled that a again for that same crime. Bill of Rights. confession or anything an accused When your mother asks if you have person may tell the police cannot be cleaned your room, you might reply What is a Miranda Warning? Before a person accused of a crime used against him or her unless the with “I take the Fifth.” While you can can be questioned by a police officer, suspect is first told of his or her refuse to answer a question by “taking the person must be told he or she has Fifth Amendment rights against self- the Fifth,” the only people who have certain rights under the Fifth incrimination. Those rights came to the constitutionally protected right to Amendment. Those rights are be known as the Miranda warning, plead the Fifth Amendment are those contained in what is known after Ernesto Miranda. suspected of committing a crime. An accused person being held as the Miranda The Fifth Amendment is designed in custody must be told before being Warning . specifically to protect accused persons questioned by an officer: (1) that he or from giving evidence, or , h testifying h she has a right to remain silent; (2) against themselves, also known h th that any statement he or she does as self-incrimination . 5 hhsehh make may be used as evidence An important thing to se t against him or her; (3) that he or remember about the Fifth ak h I t hh she has a right to the presence of Amendment’s protection is that sh an attorney; and (4) that if he or she no one can conclude that taking the Almost cannot afford an attorney, one will be Fifth is in any way an admission of 40 years ago, appointed for him or her before any guilt. The only conclusion that can be Ernesto Miranda questioning, if he or she wishes. drawn is that the person is exercising was suspected of the absolute right under the kidnapping and arrested in What about minors? Constitution not to testify Our courts have ruled that the Fifth his home. Ernesto was taken to a closed against himself or herself. Amendment gives even greater room in a local police station and protection to a —anyone under questioned by two police officers. minor What is double jeopardy? 18 years of age. A police officer must Two hours after the officers took The Fifth Amendment gives much not only tell a minor being questioned Ernesto into the closed room, they more protection to persons accused in custody about his or her Miranda came out with a confession signed by of a crime than just the right against rights, the officer must also tell the him. Ernesto Miranda was tried for self-incrimination. It also protects minor’s parents. Our courts also the crime and, based on his confession, them against double jeopardy , require that whenever possible, found guilty and sentenced to more which means being tried in the same minors should be questioned with than 20 years in prison. The case was court twice for the same offense. In a parent present.

8 Independence Word Search

L E T F R E E D OMM E R I Y N G S C K Find the words below. The words may be found across, up, down, VVVTEUMEHICCNTTSBTTF backwards or diagonally. SBWQX LATMNDMI KROSRNN OTUASBPK E I QNSWETC I I J BLUE RAAHXDYDDXOVEWBRDP SX COLONY LUBT I ENUWIQHMVI X I EGX BCLAEEAMTPXNAOLKTSQT CONSTITUTION WJWAPMMUFLAGWGDFGYHX EQUAL EISESYTEFTEWNAXECJWO FLAG ZLDTSIBTVWVDBKWAEGKJ FREEDOM GNA T T L ZRWCAMWFNTGRWM INDEPENDENCE I R I SGX TY PORKPQMH I L FK LIBERTY S ENW I QPP OVODZ R Y RMX KB PATRIOTISM GOEHCRPWYOXGF TSWI Q J E RED CBWI NJ TH FRWFBPWYRQKO RIGHTS JELTZCNXASNQFLWGHKJD SLVEUQJB JKXCLAWFJNVE STARS PATR I OT I SMCOORUCHWKR STATE B I I P RBOS THG I R S I MQWZQ STRIPES A J VBBQFYNOLOCVFVR J GK WHITE

The Grand Jury government must let the accused or property without due process Did you know that persons accused person go free. of law.” Due process guarantees many of a crime cannot be brought to trial The grand jury has nothing to do important rights to accused persons, unless a grand jury finds there is with the actual trial. Its only task is to including being told of what they are enough evidence against them to prove decide whether the government has being accused, the right to be present that the charge is justified? Under the proven that a trial should take place. at their own trial and the right to a fair, Fifth Amendment, it is up to a grand If the person is made to stand trial, he impartial judge. jury to decide if the evidence before it is or she is still presumed innocent until Under our Constitution, the rights strong enough for the person to face proven guilty. of everyone are protected—innocent the charges. No matter how strong a or guilty, young or old, powerful or prosecutor believes his or her case may What is due process? ordinary citizen. The Fifth Amendment be, if the grand jury is not convinced The Fifth Amendment states “No is one more guarantee of that by the evidence presented to it, the person shall be deprived of life, liberty protection. ★

9 Bill of Rights: The Rest of the Story or her trial. If the accused person cannot afford to hire a lawyer, the government by Roberta K. Glassner, Esq. must appoint one to represent the defendant at no charge. his article will focus on the last five The Seventh Amendment amendments to the U.S. Constitution. By guarantees the right to a jury trial for now you should be familiar with the first both persons accused of a crime, and T for those involved in certain civil cases five amendments. Here’s a quick review: as well. A criminal case involves an action committed against the law, • First Amendment — guarantees your unfair it would be for an innocent person such as murder, robbery or assault. constitutionally protected rights of to sit in a jail cell for years waiting for his A civil case, on the other hand, freedom of religion, freedom of speech or her day in court. involves a non-criminal wrong, called and freedom of the press. The Sixth Amendment also gives the a tort , which one person commits accused person—the defendant —the against another. • Second Amendment —concerns the right of Americans “to keep and right to a trial by an impartial jury. For example, let’s say you are If you were called for jury duty and you bear arms.” a passenger in your mom’s car and knew the defendant, the judge or any of someone else’s car crashes into yours. • Third Amendment —deals with the You and your mom are injured as a obligation of giving rooms and meals to result of this crash. Under the law, soldiers in private homes. both you and your mom could bring a • Fourth Amendment —focuses on claim against the driver of the car that a right very important to you today— struck and injured you. If you did bring your right to privacy—and protects a claim against that driver in court by you against “unreasonable searches filing a lawsuit , you would be and seizures.” involved in a civil case. As the one • Fifth Amendment —gives protection bringing the claim, you and your mom to anyone charged with a crime by the would be the plaintiffs in the case. state and establishes the right of each The other driver would be the defendant. person to be presumed innocent of a Under the Seventh Amendment, crime unless and until proven guilty. you would have the right to a trial by a This amendment also guarantees that jury. If the jury decides that the other no one accused of a crime can be forced driver was responsible for the accident and for causing you and your mom to to testify against himself or herself, and be injured, the jury can award money that no one can be placed in “double the lawyers, or had some involvement in to you. This would jeopardy”— which means to be tried compensate the case, you would not be allowed mean the driver would have to pay twice for the same crime. to sit on the jury. If you had read about you for damages to your car and for the case in the newspapers or heard your injuries. Protecting the rights about it on television and had made up Your civil case in New Jersey of the accused your mind about the defendant’s guilt or would be tried before a panel of six The next three amendments in the innocence, you would also not be allowed jurors, whereas a jury of 12 hears Bill of Rights—the Sixth, Seventh and to sit on the jury because you would not a criminal case. The law requires that Eighth Amendments—also protect the be impartial. a verdict in a criminal case must be rights of persons accused of a criminal Because of the Sixth Amendment, unanimous—based on agreement by act. The Sixth Amendment guarantees every person accused of a crime has the all 12 jurors on the defendant’s guilt or the right to a speedy trial. Think how right to be represented by a lawyer at his

10 innocence. In a civil case, you need were devised to prove a person’s There are many people who feel five out of six jurors to agree to decide innocence or guilt. You may have the death penalty is a form of cruel the case. read about the witch trials in Salem, and unusual punishment, and this Why do you think there are twice Massachusetts. There, a person accused issue continues to be debated in courts as many jurors in a criminal case as of being a witch had her head held under throughout the country. What do you in a civil case? And why do you think water. If she died of drowning, it was think? the verdict must be unanimous? The said that proved she was innocent. If she In the old days in other countries, framers of the U.S. Constitution managed to survive somehow, that if you were found guilty of stealing a loaf considered the loss of personal freedom proved she was guilty of being a witch. of bread, you could have your hand cut to be precious. Someone found guilty of You can see that a speedy trial before an off. Under the protection of the Eighth a crime would be deprived of his or her impartial jury with an attorney at your Amendment, that could never happen freedom and sentenced to jail or prison. side is a little more fair. in the United States. Therefore, the jury has to be thoroughly The Eighth Amendment continued on page 12 convinced “beyond a reasonable doubt” is also concerned with to convict a person of a crime. In a civil persons case, the standard is decided by a accused of crimes. “preponderance of the evidence,” which This amendment means the evidence strongly supports guarantees one side over the other. that no one in this In the early days of this country, country convicted before the Seventh Amendment of a crime may be guaranteed a trial by jury, other ways subjected to cruel or unusual punishment.

Crossword Puzzle #3 see solution on page 13 A C R O S S

6 before interrogation by law enforcement, a person must be warned that he or she has certain rights, including the right to remain silent and the right to an attorney. (two words)

D 0 W N

1 the outcome of a trial; the decision of a jury.

2 person or persons bringing a civil lawsuit against another person or entity.

3 a jury consisting of 12 to 23 impartial people who decide if the evidence in a criminal case is strong enough to warrant a trial. This jury does not determine an individual’s guilt or innocence. (two words)

4 in terms of search and seizure, the term means to have no grounds to conduct a search.

5 a reasonable belief in certain facts. (two words)

11 Glossary Word Search

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The Bill of Rights continued from page 11

Numbers nine and ten which the state believes are necessary to come. The Ninth Amendment states that for life in a democratic nation in that Can you think of any important you have other rights that are not set particular state. rights that are not included in the Bill forth in detail in the U.S. Constitution. of Rights or in the other amendments to For example, you have the right to And still counting the U.S. Constitution? Can you think of live anywhere you please, even though Since the Bill of Rights was passed in any other freedoms you believe should the U.S. Constitution doesn’t say so 1789, 17 more amendments were added be guaranteed and protected by specifically. You have the right to work to the U.S. Constitution, including those constitutional law? ★ at any job you choose. You can vote for concerning the abolition of slavery and any candidate you prefer—or not voting rights for all citizens above the age vote at all. of 18. Just as additional protections were The last amendment in the Bill added to the U.S. Constitution in the of Rights, the Tenth Amendment , gives 200 years since that historic document power to state governments to make all was written, it is likely that even more other laws, not in the U.S. Constitution, amendments will be added in the years

12 The Star-Spangled Banner Written by Francis Scott Key on September 20, 1814, during the War of 1812

Oh, say can you see, by the dawn’s early light, And where is that band who so vauntingly swore What so proudly we hailed at the twilight’s last gleaming? That the havoc of war and the battle’s confusion Whose broad stripes and bright stars, through A home and a country should leave us no more? the perilous fight, Their blood has wiped out their foul footstep’s pollution. O’er the ramparts we watched, were so gallantly streaming? No refuge could save the hireling and slave And the rockets’ red glare, the bombs bursting in air, From the terror of flight, or the gloom of the grave: Gave proof through the night that our flag was still there. And the star-spangled banner in triumph doth wave O say, does that star-spangled banner yet wave O’er the land of the free and the home of the brave. O’er the land of the free and the home of the brave? Oh! thus be it ever, when freemen shall stand On the shore, dimly seen through the mists of the deep, Between their loved homes and the war’s desolation! Where the foe’s haughty host in dread silence reposes, Blest with victory and peace, may the heaven-rescued land What is that which the breeze, o’er the towering steep, Praise the Power that hath made and preserved us a nation. As it fitfully blows, now conceals, now discloses? Then conquer we must, for our cause it is just, Now it catches the gleam of the morning’s first beam, And this be our motto: “In God is our trust.” In full glory reflected now shines on the stream: And the star-spangled banner forever shall wave ‘Tis the star-spangled banner! O long may it wave O’er the land of the free and the home of the brave! O’er the land of the free and the home of the brave.

Brief History of The Star-Spangled Banner On September 13, 1814, Francis Scott Key visited the to commemorate the occasion. Titled, “The Star-Spangled British fleet in Chesapeake Bay to secure the release of Dr. Banner,” the poem soon attained wide popularity, but was William Beans, a friend who had been captured. The release not made America’s official National Anthem until 1931. was secured, but Key was detained on a ship overnight during Above is the complete poem, although the first verse is the shelling of Fort McHenry, one of the forts defending what is traditionally sung. ★ Baltimore. In the morning he was so happy to see the Source: www.ushistory.org American flag still flying over the fort that he began a poem

Puzzle Solutions

Puzzle #1 from page 3 Puzzle #2 from page 4 Puzzle #3 from page 11 Word Scramble Answers

from page15 1. Liberty 2. Freedom 3. Constitution 4. Bill of Rights 5. Stars 6. Amendment 7. United States 8. Colony 9. Patriotism 10. Stripes 11. Independence 12. Flag

13 More Constitutional Facts About Our Founding Fathers Trivia ho are our “founding fathers?” The • After deciding to write an entirely new Constitution, the delegates founding fathers of our country are meeting in Philadelphia decided to those men who made significant keep the proceedings secret to avoid W any outside influence. People were intellectual contributions to the U.S. Constitution. hired to spread dirt outside the Here are a few interesting facts about some of our Pennsylvania State House on the cobblestone street to “muffle” the founding fathers. sound of the numerous carriages and carts passing by. Armed guards George Washington was born on February 11, 1732, but in 1751 Great were also hired to protect the Britain changed from the Julian to the Gregorian calendar. An act of Parliament secrecy of the meetings. added 11 days to make the adjustment complete and in 1752 Washington celebrated his birthday on February 22. • Thirty-four of the delegates at the Constitutional Convention were lawyers. The remaining Of the “founding fathers” who became president, only George Washington members were soldiers, planters, did not go to college. John Adams graduated from Harvard, educators, ministers, physicians, Thomas Jefferson graduated from the College of William and Mary, financiers, and merchants. and James Madison graduated from Princeton University. William Few of Georgia was the only member to represent the John Adams was the first president to live in the White House when he came yeoman farmer class, which to Washington, D.C. in November of 1800. However, he was only there for four comprised the majority of the months after losing the election of 1800 to Thomas Jefferson . population of the country. gave the shortest inauguration speech in • James Madison was the only George Washington delegate to attend every meeting. American history on March 4, 1793. It was only 133 words long. He took detailed notes of the William Henry Harrison gave the longest at 8,443 words on various discussions and debates that March 4, 1841, on a cold and blustery day in Washington, D.C. He died took place during the convention. one month later of a severe cold. He was the last founding father to die at the age of 85 in June 1836. The Marquis de Lafayette thought so much of George Washington that he The journal that he kept during the named his son George Washington Lafayette. Constitutional Convention was kept secret until after he died. It (along Ulysses S. Grant , William Henry Harrison , James Monroe with other papers) was purchased and Thomas Jefferson all died broke. Before his death, Jefferson was able by the government in 1837 at to alleviate part of his financial problems by accepting $25,000 for his books from a price of $30,000 (that would Congress. Those books were used to begin the Library of Congress. Friends even be $404,828.99 today). tried to organize a lottery to sell part of his land to help, but it was not enough. • Of the 42 delegates who attended most of the meetings, 39 actually Thomas Jefferson’s epitaph reads: “Here was buried Thomas Jefferson, signed the Constitution. Edmund author of the Declaration of Independence, of the statute of Virginia for Religious Randolph and George Mason of Freedom, and the father of the University of Virginia.” It did not include Virginia, and Elbridge Gerry of “President of the United States.” Massachusetts, refused to sign.

Source: www.ConstitutionFacts.com

14 Thomas Jefferson sometimes spent $50 a day for groceries because of his lavish entertaining. The wine bill for the eight years he served as president was Constitutional $11,000. He was also the first president to grow tomatoes in North America. Word Scramble

The original intent was for George Washington to be buried beneath the Unscramble the words below. The letters Rotunda floor under the dome of the Capitol. He died before the Rotunda was in the shaded boxes will spell out the finished, and in 1828 the crypt was covered up. patriotic phrase below.

1. R E B T L I Y President George Washington would bow to guests at presidential receptions to avoid physical contact and the tradition lasted through the ______presidency of John Adams . Washington would rest one hand on a sword and the other holding a hat to avoid the remote possibility of anyone forcing a 2. E R D F M O E ______handshake. Thomas Jefferson ended the tradition of “bowing” by shaking hands when greeting people. 3. T O C N I T T N I O S U ______Thomas Jefferson at 83 years of age felt that he would not live through the summer of 1826, but he hoped to live through July 4th (the 50th anniversary of the 4. L B L I F O H T G S R I Declaration of Independence). Both he and John Adams died on July 4, 1826, after long and distinguished careers. They had earlier been friends, then political ______enemies, and by the end of their lives had maintained a steady correspondence. ______Adams’ last words were “Thomas Jefferson still survives,” not knowing that Jefferson had expired earlier that day in Virginia. Jefferson’s last words were: 5. R S T A S “Is it the Fourth? I resign my spirit to God, my daughter, and my country.” ______

6. N N T M A M E D E President James Monroe also died on July 4th—five years after ______Thomas Jefferson and John Adams .

7. D E I U N T T E S S A T When George Washington died on December 12, 1797, his last words were: “I die hard, but I am not afraid to go ... Let me go quietly. I cannot last ______long ... It is well.” ______

8. O L N C Y O Alexander Hamilton was killed by Aaron Burr in a duel in Weehawken, New Jersey, in July 1804. Hamilton’s son, Philip, had died in a ______duel three years earlier at the same location. 9. T O A M P S R I I T ______Benjamin Franklin died on April 17, 1790. His daughter asked him to change positions on his bed to improve his breathing and his last words were: “A dying man can do nothing easy.” 10. E S P R I T P ______

Benjamin Franklin of Pennsylvania was known as the “Sage of the Constitutional Convention.” 11. C E N I P N D E E N D E ______

James Madison of Virginia was responsible for proposing the resolution to create the various Cabinet positions within the Executive Branch of our 12. G L F A government and 12 amendments to the Constitution, of which 10 became ______the Bill of Rights. Patriotic Phrase: Source: www.ConstitutionFacts.com ______

see solution on page 13 15 A Burning Question: continued from page 7 man named Gregory Lee Johnson prohibited on the basis that it is offensive Taking sides marched through the city streets of or disrespectful. Leading the fight for the proposed Dallas during the Republican National Flag Protection Amendment is the Convention as part of a political protest. Congress reacts Citizens Flag Alliance, a nonprofit, When the marchers reached the After the Johnson case was decided, nonpartisan organization whose Republican Convention Center, they the U.S. Congress reacted by passing the only purpose is to see the passage of stopped so that Johnson could set the Flag Protection Act in 1989. The Act this amendment. On the other side of the American flag he was carrying on fire. criminalized the conduct of anyone who issue is the People for the American Way, No one was physically injured, but many “knowingly mutilates, defaces, physically a 20-year-old nonprofit organization that of the onlookers were seriously offended defiles, burns, maintains on the floor or advocates to protect or restore the civil by the burning of the flag. ground, or tramples upon” a United States liberties of American citizens. Under Texas law, anyone flag. Shortly after the Congressional Act In its literature, the Citizens Flag who desecrated the American flag— was passed, another protest group set Alliance cites a letter to Congress that whether by burning or any other form fire to several American flags on General H. Norman Schwarzkopf, the of disrespect—committed a criminal the steps of the U.S. Capitol retired general who rose to fame as act. Johnson was charged with the Building. The flag Commander of Operation Desert crime of flag burning and found burners were Storm in 1991, wrote giving his guilty in a Texas court. prosecuted for support to the proposed Johnson’s lawyer appealed his violating the amendment. conviction to the Texas Court of Flag “[The flag] represents our Appeals, arguing that Johnson’s basic commitment to each other burning of the flag was his way and to our country. Legally of expressing his sanctioned flag desecration opposition to the can only serve to further Republican Party. His undermine this national lawyer maintained that unity and identity that flag burning is an act of must be preserved,” Gen. free speech protected by the Schwarzkopf wrote. “I am First Amendment to the U.S. proud to lend my voice to Constitution. those of a vast majority of The Texas Court of Americans who support returning Appeals agreed. It held that Protection Act in the case legal protections for the flag. The flag although flag burning is not known as U.S. v. Eichman . protection constitutional amendment is actually speech, it is a form of Like Johnson’s case before it, the U.S. the only means of returning to the people expression and, as such, has the same Supreme Court heard the Eichman case in the right to protect their flag.” First Amendment protection as the 1990 with essentially the same result. The In its corner, the People for the spoken word. The Court of Appeals found Court ruled that the Flag Protection Act American Way cite a letter that Gen. the Texas law criminalizing desecration of was unconstitutional and dismissed Colin L. Powell, former Secretary of the American flag unconstitutional and the charges against the flag burners. State to President George Bush, wrote Johnson’s conviction was reversed . Again, the Court held that under First to Congress in 2000. The State of Texas took the case to the U.S. Amendment protection of free speech, the “We are rightfully outraged when Supreme Court. In Texas v. Johnson , the government may not prohibit the verbal anyone attacks or desecrates our flag. Court upheld the decision made by the or nonverbal expression of an idea merely Few Americans do such things and Texas Court of Appeals, holding that flag because society finds the idea offensive or when they do they are subject to the burning was a form of expression and disagreeable, even where our flag is rightful condemnation of their fellow that free expression may not be concerned. citizens. They may be destroying a piece of cloth, but they do no damage to our system of freedom, which tolerates such 16 A Burning Question: continued from page 7 The Bill of Rights Bulletin is published by the New Jersey desecration… I would not amend the State Bar Foundation and is made possible through funding great shield of democracy to hammer a from the IOLTA Fund of the Bar of New Jersey. For more few miscreants. The flag will still be information about the Foundation or to order any of our flying proudly long after they have slunk publications, visit our Web site at away,” Gen. Powell wrote. www.njsbf.org or call 1-800 FREE LAW. Free speech or criminal act? One of the key issues in the Flag Boris Moczula, Protection Amendment debate is whether in New Jersey the or not the burning of a flag can be burning of the American flag considered free speech and, therefore, could be prosecuted under the law would be protected under the First prohibiting the desecration of venerated has greatly enhanced our country’s Amendment. Constitutional law or respected objects. This crime would be stability, prosperity and strength,” he said. attorney Gerard L. DelTufo Jr. of considered a disorderly persons offense As evidenced by the opposing views of Matawan contends that a statement and carry a penalty of up to six months in Generals Schwarzkopf and Powell, does not need to be verbal. prison and up to a $1,000 fine. Moczula support for the amendment from veterans “You can speak without saying a noted that commentators have stated, groups and those currently serving in the word,” DelTufo said. “The burning of a “penalizing the desecration of symbols in military has been mixed. Some, like May, flag is a statement. You are saying that certain cases may raise constitutional are opposed while others passionately you are very upset with your country.” issues.” offer their support for the amendment. On the other hand, while DelTufo Even the Citizens Flag Alliance One such supporter, Major General believes that burning a flag is free acknowledges on its Web site that to Patrick Brady, testified before the speech, he acknowledges that because prosecute flag desecration cases is House Judiciary Subcommittee on the flag is considered a sacred symbol, unconstitutional as a result of the U.S. the Constitution in 2003. He told the someone could argue that burning it Supreme Court rulings, which is why the committee that he worries about what could have the effect of starting a riot. organization is pursuing a constitutional the act of flag burning teaches. Freedom of speech, he says, is qualified amendment. It also concedes that flag “Burning the flag is wrong, but what it as a right as long as it does not cause a burning is not a widespread problem in teaches is worse,” General Brady testified. danger to the public, which the our society but takes the position that “It teaches that the outrageous conduct of government has a duty to protect. “if you are going to desecrate our flag, a minority is more important than the will Congressman Randy “Duke” you shouldn’t be able to do it with of the majority. It teaches that our laws Cunningham of California, who is one impunity .” need not reflect our values and it teaches of the sponsors of the Flag Protection disrespect for the values embedded Amendment in the House, disagrees Congressional testimony in our Constitution as embodied by with the free speech argument and told The Senate Judiciary Committee our flag.” The Seattle-Post Intelligencer , “There are held a hearing in March 2004 to consider DelTufo thinks that by denying 10,000 ways you can express yourself. the Flag Protection Amendment. Gary people the right to speak, however You don’t need to desecrate the flag.” May, a Vietnam War veteran, is one of many who testified during the hearings. distasteful that speech may be, it “Preservation of the freedom of gives those people undue attention. Is an amendment needed? “You have to let evil people speak The Seattle-Post Intelligencer dissent —even if it means using revered because if you don’t, you give them life,” reports that 80 percent of Americans icons of this democracy—is what helps me DelTufo said. “Good will always conquer are supportive of the proposed Flag understand losing my legs,” May told the evil and the majority of the people will Protection Amendment and all 50 committee. “Free expression, especially always make up their own minds and states have some sort of law penalizing the right to dissent with the policies of the come to the right conclusion,” he said. ★ flag desecration. According to New government, is one important element—if Jersey Assistant Attorney General not the cornerstone—of the democracy that

17 Pledging Allegiance: One Nation Under…What? to support or participate in religion or its exercise or otherwise act in a way by Roberta K. Glassner, Esq. and Jodi L. Miller which establishes a state religion or religious faith, or tends to do so.” n the summer of 2002, a California court After the ruling became the shot declared that the Pledge of Allegiance, which heard round the world, Attorney General John Ashcroft asked for a review of the has begun every school day in this country for I case by the entire 11-judge panel of the close to half a century, was unconstitutional. This Ninth Circuit Court of Appeals. The court decision by the Ninth Circuit Court of Appeals refused to reconsider the ruling but did amend its decision. Stopping short of stirred up a storm of anger and protest that still calling the “under God” phrase rages today. unconstitutional, the amended decision applied only to public schools, would allow the voluntary recitation of the endorsement of religious belief and has The origin of the Pledge phrase and would also allow recitation of The original Pledge of Allegiance, no place in public school. In his claim, the pledge in other official settings. written in 1892 by former Baptist Dr. Newdow asserted that his daughter minister Francis Bellamy, made no is injured when forced to listen to her Taking it to the Supreme Court reference to God. Bellamy wrote the teacher lead a pledge that declares the The case eventually made its way Pledge for this country’s celebration existence of God when her father believes to the U.S. Supreme Court, where Dr. of the 400th anniversary of Columbus’ He does not exist. Newdow, who also holds a law degree, discovery of America. The Pledge of In a 2-1 decision, a three-judge argued his case himself. Solicitor Allegiance was designed to be a patriotic panel of the Ninth Circuit Court of General Theodore B. Olson defended oath commemorating, in Bellamy’s words, Appeals determined that when the phrase the constitutionality of the Pledge of “our national history… the Declaration of “under God” is recited in a public school, Allegiance. Independence… the Constitution… and it is a violation of the separation of During oral arguments before the the meaning of the Civil War…” church and state guaranteed by justices of the Supreme Court, it was On Flag Day, June 14, 1954, which the establishment clause suggested to Dr. Newdow that the “under was at the height of the Cold War, the of the First God” phrase had over the years attained U.S. Congress added the phrase Amendment a civic, broader meaning and included “under God” to distinguish the u to the U.S. o nd virtually everyone. U.S. from what it called “godless u ne nd er “I don’t think I can Communism.” At the time, some u en n rat include “under God” to Americans opposed this newest d i wer on mean “no God,” Dr. addition, believing that it h w , aG h Newdow answered. “I unnecessarily and unconstitutionally t o a ?d t deny the existence of introduced religious belief into a purely > God and government needs patriotic expression. Constitution. The to stay out of this business establishment clause says, altogether.” “Congress shall make no law Where the controversy began Solicitor General Olson Dr. Michael Newdow, an respecting an establishment atheist argued the “under God” phrase in and the father of a second-grader in a of religion or prohibiting the the Pledge did not rise to the level of California public school, did not want his free exercise thereof…” religious expression and indicated that daughter reciting the Pledge of Allegiance Judge Alfred Goodwin of the Ninth Circuit Court misunderstood with the words “under God” in it. He filed the Ninth Circuit Court of Appeals wrote the Pledge of Allegiance. He went on a against the state of California in his , “The establishment lawsuit opinion to say that the phrase is a “civic and on the grounds that “under God” clause guarantees, at a minimum, that ceremonial acknowledgement of the represents the government’s government may not anyone coerce indisputable historical fact that caused the 18 framers of our Constitution and the signers of the Declaration of Independence to say that they had the right to revolt and start a new country.” Olson claimed Pledge of Allegiance that the framers believed that God gave them that “inalienable right.” Timeline Dr. Newdow brought the argument back to his daughter saying, “As her father, I have a right to know that when she goes into the public schools she’s I pledge allegiance to the flag of the United not going to be told every morning to stand up, put her hand over her heart, States of America and to the Republic for which and say your father is wrong, which is what she’s told.” it stands, one nation, under God, indivisible, In his closing statement, Dr. Newdow spoke of the principle of separation with liberty and justice for all. of church and state. “I’m hoping this Court will uphold this principle so that we can finally go back and have every American want to stand up, face the 1892 : Francis Bellamy, a former Baptist flag, place their hand over their heart and pledge to one nation, indivisible, minister, wrote the Pledge of Allegiance not divided by religion, with liberty and justice for all.” for the nation’s 400th celebration of Christopher Columbus’ discovery of What the Supreme Court said America. The Pledge was published In considering the case, the justices questioned Dr. Newdow about in Youth’s Companion , a popular family whether he had legal standing to bring the lawsuit. A parent does have the magazine, and reprinted on leaflets right to bring a lawsuit on behalf of his or her child; however, Dr. Newdow, distributed to schools. On Columbus Day who never married his daughter’s mother, does not have legal custody of the 1892, the pledge was recited in child. In addition, the child’s mother told the Court that her daughter does classrooms throughout the country for not have a problem with reciting the “under God” phrase in the Pledge and indicated that she is raising her daughter with a religious upbringing. the first time: “I pledge allegiance to my The Court ultimately decided that Dr. Newdow did not have sufficient flag and the Republic for which it stands, legal standing to bring the lawsuit. As a result, the Court dismissed the case one nation indivisible, with liberty and without an official ruling of whether the Pledge of Allegiance, as written now, justice for all.” is constitutional or not. Because a court does not have jurisdiction in a 1924 : Congress changes “my flag” to “the flag case where the plaintiff lacks legal standing, the decision of the Ninth of the United States of America.” Circuit Court of Appeals is also invalid. 1943 : The U.S. Supreme Court rules that school While all eight justices (one justice had recused or disqualified himself children cannot be forced to recite the from the case) voted to reverse the Ninth Circuit’s decision, three of the Pledge. In the case of West Virginia justices said they would have allowed Dr. Newdow to sue on his daughter’s Board of Education v. Barnette , the behalf but would have ruled against him and upheld the Pledge of Allegiance Supreme Court held that a law requiring as written. school children to salute the flag and say “Reciting the Pledge, or listening to others recite it, is a patriotic the Pledge was unconstitutional. exercise, not a religious one,” Chief Justice William Rehnquist said. 1954 : An Act of Congress creates a new law “Participants promise fidelity to our flag and our nation, not to any adding “under God” to the Pledge of particular God, faith or church,” he said. Justices Sandra Day O’Connor and Clarence Thomas agreed with him. Allegiance. President Dwight D. After the Court’s ruling, Dr. Newdow told CNN, “This issue is not about Eisenhower, who wants to establish a whether or not people are forced to say anything. The issue is whether or not contrast between religiously faithful government is taking a position,” he contended. “The establishment clause, America and godless communism, unlike any other clause in the Bill of Rights, talks only about government. directs the addition. Government is not allowed to take a position with regard to religion.” 2002 : California’s Ninth Circuit Court of Appeals rules the recitation in public A country divided schools of the phrase “under God” in The constitutionality of the Pledge of Allegiance sparked a national debate. the Pledge is in violation of the First The attorneys general of all 50 states, the National School Boards Association Amendment of the Constitution requiring and the National Education Association all submitted briefs to the Court in separation of church and state. support of the Pledge as written. The Christian Legal Society, comprised of Source: The Associated Press

continued on page 23 19 More Than 200 Years—Only 27 Amendments Senate, it is put to a vote. In those rare instances where it receives a two- by Roberta K. Glassner, Esq. thirds majority vote in both houses of Congress, the proposed amendment wo proposed amendments to the U.S. must then be submitted to every state Constitution have recently been debated for a vote. To be ratified, it must receive in Congress. One is the Flag Desecration an affirmative vote of the legislatures of T three-quarters of the states. The states Amendment and the other would limit marriage in all have seven years to ratify or defeat states to a relationship between a man and a woman. the amendment, once Congress has approved it. While many amendments to our federal Constitution In this way, the final decision have been proposed over the years, few get very far in of whether or not to amend the Constitution ultimately is made by the lengthy process of changing it. the American public. The president of the United States has no role in the To understand the process of designed it not as a set of rules cast in amendment process. While he is free amending the U.S. Constitution, stone, but as a vital, enduring foundation to express his position, the president we need to go back to 1786, when 55 for an active democracy. cannot veto a ratified amendment. representatives from the 13 colonies Although the people do not vote met in the stifling heat of a Philadelphia When it’s time to change directly on an amendment, their will summer to hammer out what would Within two years of writing the is expressed by the vote of the state eventually be the original U.S. Constitution, one of the first acts its legislators they elect to represent Constitution. At the end of 127 authors engaged in was to amend it. The them. Today, 38 states must vote in days of impassioned debate, the framers had given themselves the power favor of a constitutional amendment framers succeeded in crafting an of amendment in Article V so that, if to constitute a super majority. Failure instrument “to secure the blessings necessary, the Constitution could “keep to win the vote in 13 states defeats an of liberty to ourselves and our posterity.” pace with the times,” according to one of amendment’s passage. Without this 38- The original Constitution, which would the original drafters, Thomas Jefferson. state super majority within seven years, contain seven articles, was adopted by The framers deliberately did not make the proposed amendment becomes just the states on March 4, 1789. the process easy. They recognized that one of the more than 10,000 other failed In more than 200 years the stability is essential in government and amendment proposals. document has changed very little. It the stability of the Constitution on is the oldest written constitution in the which that government is based is State vs. federal government world still in effect today and has been most essential of all. Therefore, they Although the framers intended the model of democracy for many other decided that if the written foundation the U.S. Constitution to establish the nations. Establishing the supreme law of our government is to be amended, it supreme law of the land, they also of our complex nation, the U.S. must be on a truly important issue and recognized the need to create a balance Constitution gives power and authority must be with the consent of a super between the power of the federal to our national and state governments, majority (three-quarters) of the states. government and the rights of the while at the same time vigorously A constitutional amendment is born individual states to govern themselves. protects each of us, as individual in either the House of Representatives or What is good for someone living in the citizens, from the power of those the Senate of the U.S. Congress. In every state of New Jersey, for example, may governments. session of Congress, hundreds of not be relevant to someone living in Credit must be given to the genius amendments are proposed, but few ever Idaho. of those who wrote the U.S. Constitution. get out of committee and even fewer are To create this balance, under the The framers’ intent was to create a ever ratified . 10th Amendment, every state has its own Constitution not only for their time, but If a proposed amendment does constitution and its own laws that govern for future generations as well. They succeed in reaching the full House or the lives of its citizens in matters such as 20 education, law enforcement, taxes sex discrimination claims in the and public health. The only limitation courts,” such as claims for equal upon the states is that their pay for equal work. constitutions and laws may not In 1972, both houses of Congress conflict with the guaranteed rights finally passed the Equal Rights of the U.S. Constitution. Amendment and sent it to the states for ratification. In anticipation of a Amending New difficult passage, Congress extended Jersey’s Constitution the seven-year time limit for the ERA’s As the U.S. Constitution may be approval by the states to 10 years. amended, so may changes be made to a There were difficulties indeed. state constitution. For more than 10 The 18th Amendment of 1919 By 1982, at the end of the 10-year years, New Jersey’s legislators have brought Prohibition to the U.S., period, only 35 states had ratified debated amending the state constitution making it illegal to sell, buy or drink any the amendment—three states short. to deal with property taxes. kind of alcoholic beverage in this Congress then voted to remove the Many New Jersey lawmakers, both country. Fourteen years after this deadline for state ratification entirely. Republican and Democrat, are now amendment went into effect, Congress The 15 states in which the calling for a constitutional convention passed the 21st Amendment repealing amendment has not been ratified are to deal with the issue. If the convention Prohibition. Alabama, Arizona, Arkansas, Florida, takes place, it will be the fifth in the Georgia, Illinois, Louisiana, Mississippi, state’s 200-year history. The last Could this be number 28? Missouri, Nevada, North Carolina, constitutional convention in New Jersey Not all failed amendments slip Oklahoma, South Carolina, Utah and was held in 1966 to reorganize the state’s away quietly. A proposed amendment Virginia. If, and when, any three of voting districts. defeated in one session of Congress these states ratifies the Equal Rights The process of amending New may very well be brought up in another Amendment, it could become the 28th Jersey’s Constitution is a lot simpler session. Consider the story behind the Amendment to the U.S. Constitution. than amending the U.S. Constitution. Equal Rights Amendment, which was As for the amendment to define One possible method is to submit an proposed and defeated in every session marriage, in July 2004, that measure amendment proposed by the state of Congress from 1923 to 1972. failed in the U.S. Senate by a vote of Legislature to a direct vote by the public In 1920, Alice Paul, a leader in 48-50. The proposal needed 60 votes as a public question in the November the women’s rights movement, had just to move forward. In October 2004, election. Another is to submit the succeeded in winning women the right the proposal was defeated in the proposal to members of a constitutional to vote with the passage of the 19th House 227-186, well short of a two- convention for approval. Amendment. Paul then turned her thirds majority. ★ energy to the fight for a constitutional amendment that would guarantee One repealed amendment In the 213 years between 1791 and “equal justice under the law” for 2004, a total of 27 amendments to the women in the workplace and in original U.S. Constitution have been all aspects of life. ratified by Congress, including the first According to the National 10, known as the Bill of Rights. The Council of Women’s distinguishing feature of 26 of the 27 Organizations, who led the amendments to the U.S. Constitution is drive for ratification, the that they all gave greater freedom to or Equal Rights Amendment expanded the rights of American “would give equal legal status citizens. Only one amendment took to women for the first time in away a right. our country’s history” and “would raise the standard for

21 Treason: A Country’s Ultimate Betrayal mountain range. These settlers were not willing to submit to the principles by Roberta K. Glassner, Esq. of a central government steeped in and many historians ince September 11, 2001, the open aristocracy credit them with establishing the expression of patriotism in the United democratic society we enjoy today. States has taken on new energy. The Two of the rebels involved in the S Whiskey Rebellion were convicted of American flag, the symbol of our pride in and love treason, but were later pardoned by for our country is everywhere. President George Washington. The events before and after the Whiskey Rebellion are said to have informally But not every American shares this Forever a traitor pride of country. In the past, a few have The most famous treason trial in redefined the word treason, allowing for betrayed the United States as spies for this country was held in 1807 and disagreement with the U.S. government foreign governments, and some have involved Aaron Burr after he left office without being considered treasonous. joined in wars on the side of America’s as Vice President of the United States enemies. These acts are considered under Thomas Jefferson. Burr and his A poet’s act of treason During times of war, sympathizers treason . comrades were accused of conspiring to capitalize on a possible war with Spain by are often caught giving “aid and comfort to the enemy.” Ezra Pound, the famous What is treason? attempting to take possession of what is Considered the greatest of all now the city of New Orleans. Although poet and a U.S. citizen, was charged with treason after World War II. Pound often offenses against the United States, the Burr was acquitted of the crime, he U.S. Constitution describes treason as was forever regarded as a traitor in the praised Benito Mussolini and Adolph the act of taking up arms against the court of public opinion. Hitler during speeches he gave over Italy’s United States or helping its enemies. shortwave broadcasts to North America. The poet also spoke openly about his It is the only crime identified specifically Treason or taxation without opposition to America’s wartime agenda in the U.S. Constitution. representation? Under federal law, a person convicted Another well-known treason trial was and its political leadership. of treason is considered a traitor, and may held in 1794, when several Pennsylvania Pound never stood trial on the be punished with a sentence of as little as men took up arms against the government treason charge because a group of five years in prison and as severe as death. to protest a tax on whiskey. Known in psychiatrists declared him insane Treason is very difficult to prove in a history as the Whiskey Rebellion, the and, therefore, incompetent to court of law. The founding fathers of our conflict not only protested the whiskey stand trial. Instead, he was confined country established the standard for tax, but also brought the to a governmental hospital for 12 years proving the crime of treason high to avoid issue of states’ and released in 1958. the abuses of British law, which they left rights to the England to escape. Under Article III of forefront and Tokyo’s Rose the U.S. Constitution, a person can be prevented the The case of convicted of treason in the following U.S. from “Tokyo Rose” is two ways: (1) on the testimony of two becoming an another famous eyewitnesses to the same act, or (2) by elitist society. On Air wartime treason case. a confession from the accused in open The people of western Ikuko Toguri, later dubbed court. Because the crime is so difficult Pennsylvania believed that the “Tokyo Rose” by U.S. troops in to prove, there have been fewer than newly formed U.S. government Japan, was a Japanese-American 40 federal prosecutions for treason did not adequately represent U.S. citizen who found herself in America’s history and even fewer them in part because they were stranded in Japan without a convictions. Following are a few so far away from Pennsylvania’s passport when Pearl interesting cases involving treason. “seat of government,” Harbor was attacked and separated by a large the U.S. entered the war. 22 In November 1943, she began a career as a broadcaster for Radio atomic bomb to Russia during the Korean War. Although not Tokyo. Her radio program, the Zero Hour, was designed to lower charged with treason, the Rosenbergs were convicted on the the morale of U.S. Armed Forces stationed in Japan by making charge of “conspiring to commit espionage .” Both were derogatory comments about the families the American soldiers sentenced to death and executed in 1953. left behind. Among other things, Tokyo Rose would claim that In his sentencing speech justifying the death penalty, the soldiers’ wives were being unfaithful while they were gone. Federal Judge Irving R. Kaufman said, “I consider your crimes The Zero Hour became part of Japan’s psychological warfare worse than murder... I believe your conduct... has already against the United States. caused, in my opinion, the communist aggression in Korea, After the war, Toguri was charged with treason for “adhering with the resultant casualties exceeding 50,000 and who knows to, and giving aid and comfort to, the Imperial Government of how many millions more innocent people may pay the price Japan during World War II.” Toguri was convicted, and in 1949 for your treason.” she was sentenced to 10 years in prison and fined $100,000 Although today the Rosenbergs’ guilt or innocence is the subject of debate, the case illustrated how seriously the Selling secrets U.S. government and the American people view disloyalty A legendary spy case in the early 1950s involved Julius and to their country. ★ Ethel Rosenberg, who were accused of selling the secret of the

Pledging Allegiance continued from page 19 lawyers, judges and professors, also submitted a brief Pledge, was the 2014 New Jersey case of American Humanist supporting the “under God” phrase. The organization stated in Association v. Matawan-Aberdeen Regional School District . its brief that the phrase served as a reminder that “government Rendering his decision in February 2015, New Jersey Superior is not the highest authority in human affairs” and that Court Judge David F. Bauman found that reciting the Pledge is a “inalienable rights come from God.” patriotic exercise, not a religious one and noted that “any child is Jay Sekulow, chief counsel for the American Center for Law free to refrain from the Pledge for any reason, whether it be and Justice, which advocates for religious rights, told The New religious, political, moral or any other principle.” Judge Bauman York Times after the Court’s decision came down, “the Court went on to write in his opinion, “Expunging the words ‘under has removed a dark cloud that has been hanging over one of the God’ from the Pledge of Allegiance does not and will not serve a nation’s most important and cherished traditions—the ability public need because the overriding purpose of public education of students across the nation to acknowledge the fact that our in public schools is to foster, not restrict, ideas without requiring freedoms in this country come from God, not the government.” adherence to those ideas.” A group of 32 Christian and Jewish clergy members So, does the establishment clause include atheists? Frank submitted a brief in opposition of the Pledge. Their brief states Askin, a professor at Rutgers Law School—Newark and director that if schoolchildren are supposed to recite the words, “under of the Rutgers Constitutional Litigation Clinic, believes it does, God” with no meaning behind the words, then the government saying not only does the establishment clause prohibit essentially “asks millions of children to take the name of the government from favoring one religion over another religion, Lord in vain.” it also prohibits the favoring of religion over non-religion. In response to the Court’s ultimate decision in the case, Hackensack attorney Stephen Latimer, who practices Rev. Barry Lynn, executive director of Americans United for the constitutional law, said he thinks the “under God” phrase is Separation of Church and State, expressed his disappointment to unconstitutional because it “chooses a particular form of belief The New York Times saying, “Students should not feel compelled over others” and does not allow for the inclusion of other by school officials to subscribe to a particular religious belief in religions such as Buddhism or Hinduism. Latimer further order to show love of country.” stated that forcing someone to acknowledge God when he or she does not believe in His existence would be a violation of the Where the issue stands establishment clause. ★ The most recent case dealing with the constitutionality of the 23 Glossary

due process —legal proceedings, petition —a formal written document appealed —when a decision from a such as a trial, which enforce and outlining a request made to a higher lower court is reviewed by a higher protect our rights. authority such as a government official. court. espionage —the crime of gathering, plaintiff —person or persons acquitted —cleared from a charge. transmitting or losing information with bringing a civil lawsuit against another aristocracy —a government that is regard to the national defense with the person or entity. made up of a small privileged class. intent to use that information to the probable cause —a reasonable injury of the United States. atheist —a person who does not belief in certain facts. believe there is a God. fidelity —faithfulness. Prohibition —a decree from the brief —a formal, written summary of grand jury —a jury consisting of 12 government (in this case) against selling relevant facts submitted to a court of to 23 impartial people who decide if the alcohol. law in a legal case. evidence in a criminal case is strong ratified —approved or endorsed. enough to warrant a trial. This jury claim —a demand in court for does not deter mine an individual’s guilt reverse —to void or change a decision something (i.e., money) that the or innocence. by a lower court. plaintiff believes is owed him or her. impartial —to remain objective and search —process of looking for coerce —to influence another person’s treat all others fairly. something. choices in a negative way. impunity —freedom from search warrant —a written compensate —to offset an error or punishment or consequences. order issued by a judge authorizing law wrong committed, most often in the enforcement officers to search and seize form of money. incompetent —not legally qualified. property that will serve as evidence in a constitutional rights —a right jurisdiction —authority to interpret criminal proceeding. guaranteed to U.S. citizens by the U.S. or apply the law. seizure —the process of taking Constitution and state constitutions. lawsuit —a case before a court. something that has been found. conviction —the result of a criminal trial where the accused or defendant is lobbyist —a person whose business is self-incrimination —to testify found guilty beyond a reasonable doubt. to gain the passage or defeat of bills against yourself. pending before a legislative body. defendant —in a trial, the person testify —to give evidence under oath who is accused of a crime. militia —a body of citizens, enrolled as a witness. for discipline as a military force, but not tort —a civil wrong or injury for which democracy —a government run engaged in actual military service except the injured party is entitled by the people through elected in emergencies. representatives. to compensation. minor —a person under 18 years treason —the offense of attempting desecration —the act of damaging of age. an object for the purpose of getting a to overthrow the government. reaction. Miranda Warning —before under all circumstances — interrogation by law enforcement, a disability —(in terms of gun taking into account all the conditions of person must be warned that he or she ownership) the lack of legal capability a situation. has certain rights including the right to to perform an act (ie., persons under remain silent and the right to an age, insane persons and convicted unreasonable —in terms of search attorney. criminals are all under legal disability). and seizure, the term means to have no grounds to conduct a search. miscreant —someone who does dismiss —to terminate an action or lawsuit without further consideration. something evil. upheld —supported; kept the same.

dissent —to disagree with the nonpartisan —not adhering to any verdict —the outcome of a trial; the majority. established political group or party. decision of a jury.

double jeopardy —to be opinion —a document containing the warrant —a written document from a tried in a court of law twice for reasons why a decision was rendered. judge authorizing anything from a the same offense. search to an arrest to the obligation to permit to carry —refers to a pay a fine. requirement to have a special permit to carry a gun in public.

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