Listen to the talk given by Hillsdale College Professor Dr. David Bobb in 2008 and answer the questions.

1) What does professor Bobb compare the constitution with? Why?

2) Why is it important to constitutionalise political decisions? How do you understand the word “constitutionalise”?

3) Why did the Founders argue with Jefferson?

4) What did Abraham Lincoln worry about?

5) What solution did he suggest?

                                       Text 2 Bill of Rights

Read the following text. Translate the underlined passage(s) into Russian.

Most of the rights and freedoms that Americans enjoy are guaranteed in ten short paragraphs amended to the United States Constitution in 1792. These first ten amendments make up”the Bill of Rights”. They guarantee freedom of speech, freedom of religion, freedom of the press and freedom to assemble in public and to ask the government to consider grievances. Among the other guarantees are the right to be judged in a public trial by an impartial jury, to be represented by a lawyer at one's trial and freedom from cruel or unusual punishment. Because of the Bill of Rights police cannot stop and search or arrest a person without good reason, nor can they search anyone's home without clear cause and the permission of the court.

    Elsewhere, the Constitution recognizes other rights. A very important one is the right to “due process”. That means that no one can be deprived of life, liberty or property unless all proper legal procedures have been followed. Police, government officials and agencies and judges must be very careful not to omit or shorten these prescribed legal procedures in any case. No one person, group of persons or institution can be deprived of even the most minor legal right by the enactment of a law, by official action, by arrest, or in the course of a trial.

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 peacefully to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of the free State, the right of the people to keep and bear Arms shall not be infringed.

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 prescribed by the law.

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 of affirmation and particularly describing the place to be searched, and the persons or things to be seized.

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.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy 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 witness against him; to have compulsory process of obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

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 jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

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

Amendment IX

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

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to States, are reserved to the States respectively, or to the people.

Exercises