The Short Constitution Part 7

11. What would it be like if we had no laws at all?

ADVANCED QUESTIONS

A. In imposing punishment upon a wrongdoer, what elements does the judge consider in fixing the amount of fine or the length of punishment?

B. Why do we have our laws printed? What would be the dangers of having secret laws concerning the nature and existence of which the people could not obtain information?

C. What is the distinction between a rule of conduct in the home and a law of the land?

D. List a number of laws and penalties in addition to those cited by the judge.

E. Why cannot one have liberty without law?

F. Why are people punished when they break the law?

G. Is it ever right to break the law?

H. Write a paper on the following:

Why Breaking the Postal Laws Deserves Severe Punishment

Liberty Under the Law

The Danger of Counterfeit Money

Laws that Should Be Pa.s.sed

How to Have a Law Pa.s.sed

VII. THE CONSt.i.tUTION

Personal Guaranties Grouped Under The t.i.tle "The Short Const.i.tution"

We now take up the subject of the Const.i.tution of the United States. It is important because it is the foundation of the rights and liberties of all Americans. It relates to the rights and liberties of everyone in this room. It is our great charter.

Gladstone, the great English statesman, once said, "It is the greatest work ever struck off at any one time by the mind and purpose of man."(35) It is quite a long doc.u.ment. I want every one of us to read it carefully and study it thoroughly.

The larger part of the Const.i.tution consists of provisions telling of the qualifications and manner of election of the President, Senators, and congressmen, the powers and duties of the various parts of our government, procedure of government, and the relations of the Nation and the States.

These are important.

But more important still are the ways in which the Const.i.tution guarantees the rights, liberties, and privileges of all men, women, and children who live under the American flag. These guaranties are numerous, but they are briefly stated. Any of us can understand them if we but read them carefully and catch their meaning. It ought not to be difficult to cause a person to study the things which relate to himself, to the most important things in his own life. Liberty we prize most dearly. Everyone of these guaranties in the Const.i.tution is intended to guard and protect the freedom and liberty which you and I enjoy.(36)

To make our task more simple, I have selected from the Const.i.tution those sections which deal with our privileges as American citizens. You can see them in the copy of the Const.i.tution which you have. (See page 217.) I have grouped these together and for convenience I shall call it "The Short Const.i.tution". As you can see, there is nothing in it that is not in the original Const.i.tution. It is just as if I had taken a pair of shears, cut out these phrases from the Const.i.tution, and pasted them together. It makes it more convenient for us.

Take this "Short Const.i.tution" home with you. Bring it with you when you come to school. Talk with your father and mother about it. It may be that sometime a knowledge of these rights that every American citizen now has may save to you your home, your freedom, or your life.

Now I am going to read this:

THE SHORT CONSt.i.tUTION

Article I (_Amendment I._)

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to a.s.semble, and to pet.i.tion the Government for a redress of grievances.(37)

Article II (_Amendment II._)

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.

Article III (_Amendment III._)

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.

Article IV (_Amendment IV._)

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.

Article V (_Amendment V._)

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article VI (_Amendment VI._)

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

Article VII (_Amendment VII._)

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article VIII (_Amendment VIII._)

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article IX (_Amendment IX._)

The enumeration in the Const.i.tution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article X (_Amendment X._)

The powers not delegated to the United States by the Const.i.tution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.(38)