1st Amendment
Rakove explains that early free speech protections were less about personal expression and more about this political function
What is monitoring and critizing government?
The amendment reflects colonial experiance with this type of army?
Standing army
Colonial anger over writs of assistance reflected resistance to this governing style.
What is arbitrary power
The Fifth Amendment reflects fear of this historical legal practice.
What is coercive interrogation?
Public trials were meant to reinforce this quality in government.
What is legitimacy
Which group pushed for the Bill of Rights?
Anti-Federalists
Madison supported press freedom partly because it protected this republican mechanism
Informed public consent
Militias were intended to balance federal authority by this government structure
Rakove links search protections to broader concerns about this principle.
What is the rule of law?
The grand jury requirement limits this branch of government.
What is the executive branch?
Jury trials connected justice to this democratic principle
What is popular participation?
Madison opposed the bill of rights because of this reason
Early Americans viewed religious liberty as essential to preventing this type of political corruption
State sponsored belief/Moral tyranny
According to Rakove, Militias were controlled by this
State governments.
The warrant requirement reflects distrust of this type of official judgment.
What is unchecked discretion?
Due process was meant to prevent punishment based on this.
What is political pressure or prejudice?
The right to counsel reflects concern about inequality between defendants and this group.
government prosecutors?
Excessive fines and cruel and unusual punishment
First Amendment reflects the founders' fear that government could control this before it controlled laws.
public opinion
This amendment reflects concerns about military power being seperate from this group
Citizens
The Fourth Amendment attempts to balance liberty with this governmental necessity.
What is effective law enforcement?
Rakove connects takings protections to Lockean ideas about this right.
What is property ownership?
Speedy trials were designed to prevent this abuse.
What is indefinite detention?
Together, the Ninth and Tenth Amendments were designed to resolve a tension between protecting individual liberties and preserving this structural feature of the Constitution.
What is federalism and limited government?
Physical Challenge Freedom of Expression Gauntlet
Each team will need to identify the 5 freedoms of the first amendment with a real world example. Two fastest teams go head to head, best description wins
Physical Challenge Militia Drill
We are going to play a game with one rep from each group. If I tell you do to something you must do so, if I say "Madison says" If I don't, and you do it you are out!
Rakove shows that privacy protections were originally tied more to property than to this modern idea.
What is personal autonomy?
Physical Challenge - Emminent Domain
As the music plays you rotate around the chairs, when the music stops, you need to grab a chair, if you don't have a chair you are out!
DAILY DOUBLE
Describe how a school displinary hearing conforms or departs from a criminal proceeding.
What 6th Amendment protections apply?
Physical Challenge - Debate
Elect a rep to debate the issue of regulation of fully autonomous vehicles.
State/Fed Issue?
Why?