U.S. Constitution Question(s)

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nk4e

nk4e

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nk4e
In my Government class, I am given the questions to study upon:
"(1)What does the Bill of Rights do for us?""(2) How can the Constitution be changed?" "(3)If a law violates the Constitution, what does the Constitution require?"
So far, I couldn't understand 1 but the answer I believe that I heard that it gives us a passage of rights. Does it lay down our rights entirely as US citizens or is there any more depth within it?
2. Wouldn't it have to be voted 3/4 of the senate and 2/3 of the states for a law to be in the Constitution?
3.Our professor gave us an example and it went like this: If I told a Police officer that I thought of something ( like robbing a bank or murder) but I didn't do it. Some of the students quickly raised their hand and said that the police officer could arrest you for the " attempt" of such and such. I thought about it and the police officer cant really do anything without Physical evidence right?
 
From my foreign understanding... :D

The Bill of Rights is essentially a list of 10 basic freedoms that all citizens of the US have which protects them from censure, punishment, prosecution or anything else considered unreasonable by the federal government or individuals acting on its behalf. It pretty much stops a dictator (or monarch - as I think the original intent was) from having absolute power over the individual.

I can probably answer the other two also, but I'm running out of laptop power and will fill answers in when I have th... *fzzt*
 
On number three, I believe there are certain laws that cover attempted crimes. So attempting murder would be illegal. But I believe they have to have some kind of evidence to detain you for attempting to do something.

As for amending the Constitution, there needs to be a 2/3s approval of the states to be considered, and then a 75% approval for ratification. This part of the Wiki article explains it.
 
1. The Bill of Rights lists only the rights of an individual as opposed to the constitution which the laws of the nation (which also contains the rights). The bill of rights is not all-encompassing (see Ninth Amendment)

2. Change can happen by means of amendments which must be firstly proposed, then ratified.

3. I believe this is a question about judicial review, although the example given seems to be relating to something else.

In the example, merely telling somebody that you've thought of committing a crime is not necessarily enough for you to be arrested. If the police thought you were serious and capable then I believe they could detain you for questioning. Unless they can prove you have planned or attempted I can not see how they could incarcerate you.

All the above should be taken with a pinch of salt as I come from the only Western country without a bill of rights.
 
nk4e
In my Government class, I am given the questions to study upon:
"(1)What does the Bill of Rights do for us?""

the bill of rights guarantees your basic freedoms and right to live (speech, religion, self defense, voting, etc.). these rights apply to all peoples inside the boundaries of the US (whether they are legally there or not), all our territories, and at any other soverign ground we have (ie embassy property in foriegn countries). you do not have to be a united states citizen to recieve these protections in our borders.

(2) How can the Constitution be changed?"

ammendments first have to be proposed, and then ratified. there are 2 ways to propose an ammendment, although only 1 has ever been used. the first method is done by both the house and senate voting on the proposal, a 2/3 vote in both houses of congress is required to move forward. the other way to propose an ammendment is for 2/3 of the legislatures of all the states to call for a Constitutional Convention (this is the method that was never used). from that point the ammendmant has to be ratified. in order to be ratified, either 3/4 of the states legislatures have to vote to approve it, or special state conventions have to be called. the 21st ammendment (repealing of alchohol prohibition) is the only one to be ratified by state convention, the rest were voted on by state legislatures.

3)If a law violates the Constitution, what does the Constitution require?"
3.Our professor gave us an example and it went like this: If I told a Police officer that I thought of something ( like robbing a bank or murder) but I didn't do it.

your professor's example has absolutely NOTHING to do with the question asked. if you were to tell a law enforcement officer that you were "thinking" of doing something there is absolutely nothing they can do about it until you begin to act upon that thought. they can watch you, but they can't arrest you for thinking about something.

now to answer your question... if a law violates the constitution, then the constitution itself "requires" nothing. it does contain language allowing the Judicial branch of the government (at any level) to set "precedents" as to how the constitution is interpreted. here's a hypothetical example...

The bill of rights guarantees a right to free speech. your local town passes a law restricting that speech. at this point, nothing happens...until someone is charged with breaking that law. at this point, you get a lawyer, he/she goes before a judge and argues that law goes against the 1st ammendment. at this point the judge examines the situation, and decides either a)it did violate the 1st ammendment, and the law is overturned or b)he/she decides it didn't violate it, at which point you either appeal or move on with your case. a higher court can overturn a lower court's desicion, all the way to the Supreme Court...who has the final say on the matter.
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hope that helps ya, bro. we really do have the greatest system of government on this planet...if only 90% of us knew how the system was supposed to work. it truly is by and for the people.
 
nk4e
In my Government class, I am given the questions to study upon:
"(1)What does the Bill of Rights do for us?""(2) How can the Constitution be changed?" "(3)If a law violates the Constitution, what does the Constitution require?"
So far, I couldn't understand 1 but the answer I believe that I heard that it gives us a passage of rights. Does it lay down our rights entirely as US citizens or is there any more depth within it?
2. Wouldn't it have to be voted 3/4 of the senate and 2/3 of the states for a law to be in the Constitution?
3.Our professor gave us an example and it went like this: If I told a Police officer that I thought of something ( like robbing a bank or murder) but I didn't do it. Some of the students quickly raised their hand and said that the police officer could arrest you for the " attempt" of such and such. I thought about it and the police officer cant really do anything without Physical evidence right?
Click to expand...

NOOOOOOOO! The bill of rights doesn't give you anything. It is a list of rights that the government is forced to respect. Rights are inalienable, meaning that you're conceived with them. If that document gave you your rights, then it follows that a change to the document or some other document can take them away. Neither can.

2. Look up the amendment process for the constitution. There has to be a convention, not just a vote. Then the amendment has to be ratified by the states.

I really don't see how #3 and your professor's example go with each other. If a law violates the constitution, then the law is supposed to be challenged by the supreme court, assuming the president doesn't do anything about it.
 
Omnis
Rights are inalienable, meaning that you're conceived born with them.
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Omnis
If a law violates the constitution, then the law is supposed to be challenged obliterated by the supreme court
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...just some minor typos.
 
Thanks guys and wish me luck. 👍
 
Guys, I know you love your guns but you can't give a day old embryo an MP5. ;) < major big wink.
 
Danoff
...just some minor typos.
Click to expand...

Too bad that it's usually the Supreme Court obliterating the Constitution, not the bad laws, lately.
 
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