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Constitution Day 2020

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Constitution Day 2020 Constitution Day 2020 Constitution Day and Citizenship Day is observed each year on September 17 to commemorate the signing of the Constitution on September 17, 1787, and “recognize all who, by coming of age or by naturalization, have become citizens.” This commemoration had its origin in 1940, when Congress passed a joint resolution authorizing and requesting the President to issue annually a proclamation setting aside the third Sunday in May for the public recognition of all who had attained the status of American citizenship. The designation for this day was “I Am An American Day.” In 1952 Congress repealed this joint resolution and passed a new law moving the date to September 17 to commemorate “the formation and signing, on September 17, 1787, of the Constitution of the United States.” The day was still designated as “Citizenship Day” and retained its original purpose of recognizing all those who had attained American citizenship. This law urged civil and educational authorities of states, counties, cities and towns to make plans for the proper observance of the day and “for the complete instruction of citizens in their responsibilities and opportunities as citizens of the United States and of the State and locality in which they reside.” In 2004 under Senator Byrd's urging, Congress changed the designation of this day to "Constitution Day and Citizenship Day" and added two new requirements in the commemoration of this Day. The first is that the head of every federal agency provide each employee with educational and training materials concerning the Constitution on September 17th. The second is that each educational institution which receives Federal funds should hold a program for students every September 17th. As such, the University of West los Angeles, as recently eligible participants in the Department of Education’s Federal Financial Aid program, proudly now participates in this program, and due to our newly implemented virtual learning world, our participation will be by way of the below discussion questions and notable cases in our history, that I am sure, particularly our law school population, will enjoy. Please feel free to discuss amongst your peers, co-workers, family and friends. Thank you all for being proud UWLA students and Happy Constitution Day! Discussion Questions and Cases The U.S. Constitution The United States Constitution is one of the most influential documents in history. It has been emulated by scores of countries across the globe. Though it is one of the world’s oldest surviving constitutions, it is a living document, still being interpreted to reflect a world that has changed dramatically since the founders conceived it. In spite of continuous reinterpretation, however, it remains markedly unchanged, and in many aspects, unchallenged—quite impressive for a document written by our great-great-great-great-great-great-great-great-great grandparents. The Constitution of the United States of America is the supreme law of the United States. It serves as the legal framework that defines the existence of the United States of America and the organization of the Federal Government of the United States. The Constitution defines the three branches of the government: the legislative branch with a bicameral Congress, an executive branch led by the President, and a judicial branch headed by the Supreme Court. The Constitution also defines the responsibilities and powers of each branch. The U.S. Constitution and the Bill of Rights trumpet our aspirations for the kind of society that we want to see. The American system of government is founded on two counterbalancing principles: first, that the majority of the people governs, through democratically elected representatives; and second, that the power even of a democratic majority must be limited, to ensure individual rights. Majority power is limited by the Constitution’s Bill of Rights. DISCUSSION QUESTIONS: • What are the philosophical and historical foundations of the American political system? • How has the Constitution been changed to further the ideals laid out in the Declaration of Independence? • How have the values and principles embodied in the Constitution shaped American institutions and practices? • Who does the Constitution govern? The Bill of Rights The Bill of Rights consists of the first ten amendments to the Constitution of the United States of America. When the Constitution was first presented to the states for ratification, it presented an “architectural blueprint” for the U.S. government. This blueprint described the governmental parts and how those parts were to interact in order to form a government of “We, the people.” The Constitution specified what the government could do, but did not say what it could not do. Objections soon arose when it became clear that the rights of the individuals who constituted “We, the people,” were not clearly spelled out. This absence of rights held up the ratification process. James Madison wrote the Bill of Rights in 1789, inspired by Thomas Jefferson, to deal with the missing civilian protections, as well as to clarify what happens to rights of individuals not specifically identified and to powers not specifically assigned to the federal government. It should also be noted that the Constitution did not apply to everyone—at that time, it only applied to white males. This is why the “Emancipation Amendments,” the 13th, 14th, 15th, and later the 19th Amendments, are sometimes referred to as “The Second American Revolution.” 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 to assemble, and to petition the government for a redress of grievances. SUMMARY: Freedom of speech and the press, the right to assemble and to petition are all protected. The government will not establish a state religion or abridge the right to practice— or not to practice—a religion. DISCUSSION QUESTIONS: • Should there be limits on free speech? Why or why not? • If there should be limits on free speech, who should decide those limits? What should those limits be? What do you think, for example, about hate speech? • Should students in school have the same free speech rights as adults? Do students have the right to express their opinions and beliefs in school? • What do the religious clauses in the First Amendment mean? What is the purpose of the First Amendment as it applies to majority versus minority? • What are the advantages and disadvantages of having religious diversity in a society? • Since most people in the United States are Christians, why shouldn’t we take a vote to make Christianity the official religion of the United States? Should there be a majority rule regarding religion? Cases Engel v. Vitale – Court rules 7-1 that organized prayer in public schools violates the First Amendment’s separation of church and state. (1962) School District of Abington Township v. Schempp – Court said that required bible reading and the Lord’s Prayer were not allowed in public schools since schools could not favor Christianity over other religions. (1963) Tinker v. Des Moines Independent Community School District (393 U.S. 503, 1969) – Court agrees that the constitutional right to free speech applies to students. The case involved students who were forbidden by school officials to wear black armbands to protest the Vietnam War; this was the first students’ rights case to go before the U.S. Supreme Court. “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” (1969) Brandenburg v. Ohio – Court reverses a previous decision and held that even (or especially) unpopular speech is protected by the First Amendment, including speech that advocates the use of force and violence to bring about change (though not if the speech is likely to incite immediate criminal behavior). (1969) Cox v. Louisiana – Court rules that the law used to arrest students who were demonstrating against segregated lunch counters was unconstitutional, and that peaceful social protest was protected speech. (1965) 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. SUMMARY: The need for a militia, being recognized, and the right to bear arms shall not be abridged. (This is the most unclear of the amendments since our current society does not maintain militias, making the issue of gun ownership one of interpretation of the intent of this amendment. Recent Supreme Court case, District of Columbia v. Heller, has been read by many to mean that individuals have the right to bear arms.) Third Amendment No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. SUMMARY: Citizens may not be forced to provide housing for soldiers. (This one hasn’t been a problem) Fourth Amendment 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. SUMMARY: A warrant or probable cause is necessary to initiate a search. (This is an amendment that sometimes involves students.)
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