Limits on Bail, Fines, and Punishment The Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishments. Bail intent is to prevent the defendant from fleeing, and it cannot be more than necessary to ensure the defendant’s appearance in court. Keep in mind that in this country, our Constitution presumes our innocence until proven […]
Presumed Innocent: Constitutional Basics Explained
How can an alleged would-be murderer be declared innocent until proven guilty, even with overwhelming evidence? What does the Constitution say about the presumption of innocence? Although you may not find the phrase “innocent until proven guilty” directly quoted in the U.S. Constitution, the principle forms the backbone of our justice system and is affirmed […]
Study Law, Not Promises, When Voting
Voters should set aside emotion and judge candidates by their constitutional fidelity and past actions. Emotion vs. Scrutiny It is good practice to stand back from the emotion of issues and put them under scrutiny. It’s also good practice to avoid voting for promises. We vote based on a record of action and support for […]
Nullification Theory: When Challenging Federal Law
What do these actions have in common? Sanctuary cities Legalization of marijuana Local officials ordering subordinates not to protect federal law officers Reminding active duty military that they have the right to disobey an illegal order A U.S. congressman suggesting that state law enforcement could arrest federal officials who were enforcing the immigration laws The […]
President Accusing Congress: Law, Not Hysteria
Can a president accuse members of Congress of seditious behavior? While a president can say things, we are a nation of laws, not citizens’ feelings. Let’s examine the law: Treason vs. Sedition Legal Penalties Treason (18 U.S.C. § 2381) still carries a possible death penalty by statute. Still, convictions for treason are extremely rare and […]
Understanding D.C. Governance: Laws and Authority
What laws govern the situation in Washington, D.C.? Let’s discover the civics lesson in our nation’s latest controversy. The District of Columbia has been under Home Rule since 1973. The District of Columbia Home Rule Act of 1973 provided a framework for local governance by citizens of the District. The federal government retains oversight responsibilities. […]
Due Process: A Right for All?
The question of whether due process is a right reserved solely for American citizens and legal residents invites a deeper exploration of constitutional protections and their implications. Here’s an interesting question I received from a CSCC participant: “Is it possible for Congress to pass a law stating that ‘due process’ is a right for only […]
Your Guide to Legislative Engagement
How can the American people do their due diligence with legislation that is too voluminous for even the congressmen and their staff to get through? That is the question from one of our patriot participants this week. She writes: “What about keeping up with contemporary legislation? Our Representatives – who are paid to do this […]
Understanding Rights of Undocumented Immigrants
Do criminal illegal aliens have rights in our country? One of our participants asked, “Why do so many believe constitutional rights apply to anyone setting foot on U.S. soil rather than, specifically, U.S. citizens?” I’ve been thinking a lot about this question from a Civics and Constitution teacher’s perspective. Now, I am not a lawyer. […]
Executive Power vs Judicial Review; SCOTUS Weighs In
There is new information to add to our discussion on “Executive Power vs Judicial Review” https://civicsandcitizenship.org/executive-power-vs-judicial-review/. There were a certainly a variety of opinions on whether the Administration (Executive Branch) was correct to use the Alien Enemy Act and Ludecke v Watkins to deport illegal migrants. Matt Nahrgang, a lawyer and participant at Common Sense […]
Executive Power vs. Judicial Review
My recent article, “Executive Branch Powers, Judicial Branch Role” (https://civicsandcitizenship.org/executive-branch-powers-judicial-branch-role/), elicited a variety of opinions on whether the Administration (Executive Branch) is correct to use the Alien Enemy Act and Ludecke v Watkins to deport illegal migrants. My Opinion and Emphasis I wrote, “…What I see going on is the prevailing winds of personal and political […]
Executive Branch Powers, Judicial Branch Role
America is dealing with a constitutional problem: Executive Branch powers vs. the role of the Judicial Branch when they disagree. We the People need to stand back for a moment and examine the law and the facts, not the personal or political views we may have. The Question Before Us So, as news and very […]
Civil and Criminal Cases Explained
Recently, the news featured a government “authority” telling us that a particular illegal act should not be treated as criminal. Instead, the “authority” firmly believes this unlawful act is a civil case. We don’t usually think about the difference between civil and criminal cases. It’s a civics issue; we must know their differences, so let’s […]
The Daylight Saving Time Dilemma
It’s that time of year again—Daylight Saving Time. Here we go! Sigh. Every spring, the debate reignites: Should we keep changing the clocks or stay on DST permanently? Supporters and opponents cite everything from natural daylight cycles to energy savings and geographic location. Under federal law, states must follow the twice-yearly change or receive an […]
Goal, Law, or Executive Order?
Do you know the difference between a goal, a law, and an executive order? It is essential to understand that these terms are not interchangeable in civics. My high school class offered some definitions I’d like to share. Goal Law Executive Order It’s Important to Know the Difference When listening to commentators, officeholders, bosses, instructors, […]
