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鬼谷子与大家分享，一样的
Bill of Rights
Bill of Rights, first ten amendments to the Constitution of the United States. The Bill of Rights establishes basic American civil liberties that the government cannot violate. The states ratified the Bill of Rights in 1791, three years after the Constitution was ratified. Originally the Bill of Rights applied only to the federal government, but in a series of 20th-century cases, the Supreme Court decided that most of its provisions apply to the states. Many countries have used the Bill of Rights as a model for defining civil liberties in their constitutions.
Bill of Rights Because the Constitution of the United States granted the federal government so much power, as compared with the earlier Articles of Confederation, several states demanded a list of amendments to guarantee individual rights against intrusion by the federal government. The first ten amendments are known as the Bill of Rights; the amendments protect such rights as freedom of speech (First Amendment), right against unlawful search and seizure (Fourth Amendment), and the right to a public criminal trial by jury (Sixth Amendment).Photo Researchers, Inc./Day Williams
II RIGHTS PROTECTED
The Bill of Rights includes a wide range of protections with a common theme and purpose—to define the scope of individual freedom in the United States and to make the political system more democratic. They are not the only rights contained in the Constitution. For example, Sections 9 and 10 of Article I of the Constitution prohibit the states and the federal government from passing an ex post facto law—a law that subjects a person to punishment for an act that was not unlawful when committed. But as a group the rights provided in the first ten amendments are the cornerstones of democracy in the United States.
A First Amendment
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 assemble, and to petition the Government for a redress of grievances.
Comment: The First Amendment guarantees freedom of speech, freedom of the press, and freedom of association and assembly. It also protects the rights of citizens to worship as they please and the right not to be forced to support someone else’s religion. The First Amendment also provides for the right to demand a change in government policies.
B Second Amendment
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.
Comment: Legal scholars disagree about what right is protected by the Second Amendment. Some scholars have concluded that this amendment affirms a broad individual right to gun ownership. Others interpret the amendment as protecting only a narrow right to possess firearms as members of a militia. Supreme Court decisions have not resolved the debate. However, the courts have held that the Second Amendment does not preclude certain government regulations on gun ownership, such as laws prohibiting ownership of firearms by felons.
C Third Amendment
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.
Comment: The Third Amendment forbids the government from quartering soldiers in private residences during peacetime without the resident’s permission, and during wartime only according to law. Under British rule, American colonists were forced to feed and house British soldiers deployed to help enforce colonial tax laws. The colonists resented this practice, and so banned it with this amendment. This amendment has been basically irrelevant since the end of the American Revolution (1775-1783).
D Fourth Amendment
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.
Comment: The Fourth Amendment prohibits the police and other government officials from searching people’s homes or offices or seizing their property without reasonable grounds to believe that a crime has been committed. In most cases, police can conduct a search of a person’s home or office only after they get a written search warrant from a judge, detailing where they will search and what they expect to find.
E Fifth Amendment
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.
Comment: The Fifth Amendment provides five important protections against arbitrary government actions. First, no one may be prosecuted for a federal crime without first being indicted (formally accused) by a grand jury. Second, a criminal suspect may be prosecuted only once for each crime. If a jury acquits the accused person, there can be no retrial. Third, a person cannot be forced to testify against himself or herself in any criminal case. This is the right against self-incrimination. Fourth, the due process clause bars the government from arbitrarily depriving anyone of life, liberty, or property. Fifth, the government may not take anyone’s private property unless it is necessary for a public purpose and unless the government pays a fair price for it.
F Sixth Amendment
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 Assistance of Counsel for his defence.
Comment: The Sixth Amendment guarantees people accused of crimes the right to a speedy and public trial. Defendants in federal cases are entitled to be tried in the area in which the crime was committed, and both state and federal defendants have the right to have an impartial jury decide their guilt or innocence. The Sixth Amendment prohibits the government from prosecuting an accused person without first informing him or her of the nature of the charges against him or her. The accused has the right to “confront”—that is, to cross-examine witnesses who testify against him or her at trial. Those accused also have a right to subpoena (compel) supporting witnesses to testify in court and to have a lawyer assist in their legal defense.
G Seventh Amendment
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.
Comment: The Seventh Amendment, which does not apply to the states, guarantees the right to a jury in some types of federal civil (noncriminal) trials.
H Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Comment: The courts must allow most criminal defendants out of jail before their trial if the defendants put up a reasonable bail—a financial guarantee that they will come to the trial. If a person is convicted of a crime, the government cannot impose unreasonable fines or inflict inhumane punishments. What is “cruel and unusual” has no fixed meaning, and so decisions interpreting the clause are sometimes controversial. The Supreme Court has generally held that a punishment that is wildly disproportionate to the crime committed is cruel and unusual. The Court has also upheld the death penalty against claims that putting someone to death, regardless of what that person did, is cruel and unusual.
I Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Comment: The Ninth Amendment declares that just because certain rights are not mentioned in the Constitution does not mean that they do not exist. Courts may not infer from the silence of the Constitution that an unlisted right is unavailable to protect individuals from the government.
J Tenth Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Comment: The Tenth Amendment restates a fundamental constitutional rule: If a particular power was not assigned to the federal government by the Constitution itself, then the states may exercise the power, unless the Constitution also prohibits the states from exercising it. The Tenth Amendment also states that people are free to act, without permission of the federal government, in areas outside the scope of the federal government's powers.
K Summary
The first ten amendments to the Constitution have been crucial to the political and legal development of the United States. They accomplished three important purposes. First, they declare an important ideal—that the people have rights with which no government may interfere. Placing ideals into the Constitution makes it harder for tyrants to restrict human rights. Second, they provide the basis for actually securing the rights. In 1789 statesman Thomas Jefferson wrote James Madison that a bill of rights “puts into the hands of the judiciary” a “legal check” against tyranny by the legislature or the executive. Third, the Bill of Rights, especially the First Amendment, helps protect democratic government by barring criminal prosecutions against those who criticize the government and those who hold unpopular beliefs, and by providing a safe haven for minorities who are oppressed in many other countries.
Enron Scandal
Enron Scandal, business scandal that came to symbolize the excesses of corporations during the long economic boom of the 1990s in the United States. Billed by Fortune magazine as “America’s Most Innovative Company” for six straight years from 1996 to 2001, the Enron Corporation became one of the largest bankruptcies in U.S. history in December 2001.
The company’s spectacular collapse resulted from the disclosure that it had reported false profits, using accounting methods that failed to follow generally accepted procedures. Both internal and external controls failed to detect the financial losses disguised as profits for a number of years. Enron’s managers, whose activities brought the company to the brink of ruin, escaped with millions of dollars as they retired or sold their company stock before its price plummeted. Enron employees were not so lucky. Many lost their jobs and a hefty portion of retirement savings invested in Enron stock.
The Enron scandal played a major role in shaking investor confidence in American business because the firm was able to hide its losses for nearly five years. Outside agencies, such as accounting firms, credit-rating businesses, and stock market analysts failed to warn the public about Enron’s business losses until they were obvious to all. Internal controls did not work either. Enron’s board of directors, and especially its audit committee, apparently did not understand the complicated financial activities undertaken and consequently did not provide adequate oversight.
The scandal resulted in new legislation that reformed accounting practices and strengthened the ability of the Securities and Exchange Commission (SEC) to investigate accounting fraud. The Public Company Accounting Reform and Investor Protection Act of 2002 provided for the strictest government oversight of business financial reporting since the New Deal legislation of the 1930s. See also Accounting and Bookkeeping.
In addition to the failure of outside auditors and internal corporate oversight, many experts believed that the federal government also bore some responsibility for the situation. Politicians in both the legislative and executive branches received millions of dollars in campaign donations from Enron during the period when the federal government decided to deregulate the energy industry, removing virtually all government controls. Deregulation was the critical act that made Enron’s rise as a $100-billion company possible.
Dalí, Salvador
Dalí, Salvador (1904-1989), Spanish painter, writer, and member of the surrealist movement. He was born in Figueras, Catalonia, and educated at the School of Fine Arts, Madrid. After 1929 he espoused surrealism, although the leaders of the movement later denounced Dalí as overly commercial. Dalí's paintings from this period depict dream imagery and everyday objects in unexpected forms, such as the famous limp watches in The Persistence of Memory (1931, Museum of Modern Art, New York City). Dalí moved to the United States in 1940, where he remained until 1948. His later paintings, often on religious themes, are more classical in style. They include Crucifixion (1954, Metropolitan Museum, New York City) and The Sacrament of the Last Supper (1955, National Gallery of Art, Washington, D.C.).
Dalí's paintings are characterized by meticulous draftsmanship and realistic detail, with brilliant colors heightened by transparent glazes. Dalí designed and produced surrealist films, illustrated books, handcrafted jewelry, and created theatrical sets and costumes. Among his writings are ballet scenarios and several books, including The Secret Life of Salvador Dalí (1942) and Journal d'un génie (1964; Diary of a Genius, 1965).
Picasso, Pablo Ruiz y
Picasso, Pablo Ruiz y (1881-1973), Spanish painter, who is widely acknowledged to be the most important artist of the 20th century. A long-lived and highly prolific artist, he experimented with a wide range of styles and themes throughout his career. Among Picasso’s many contributions to the history of art, his most important include pioneering the modern art movement called cubism, inventing collage as an artistic technique, and developing assemblage (constructions of various materials) in sculpture.
Picasso was born Pablo Ruiz in Málaga, Spain. He later adopted his mother’s more distinguished maiden name—Picasso—as his own. Though Spanish by birth, Picasso lived most of his life in France.
Quantum Theory
Quantum Theory, in physics, description of the particles that make up matter and how they interact with each other and with energy. Quantum theory explains in principle how to calculate what will happen in any experiment involving physical or biological systems, and how to understand how our world works. The name “quantum theory” comes from the fact that the theory describes the matter and energy in the universe in terms of single indivisible units called quanta (singular quantum). Quantum theory is different from classical physics. Classical physics is an approximation of the set of rules and equations in quantum theory. Classical physics accurately describes the behavior of matter and energy in the everyday universe. For example, classical physics explains the motion of a car accelerating or of a ball flying through the air. Quantum theory, on the other hand, can accurately describe the behavior of the universe on a much smaller scale, that of atoms and smaller particles. The rules of classical physics do not explain the behavior of matter and energy on this small scale. Quantum theory is more general than classical physics, and in principle, it could be used to predict the behavior of any physical, chemical, or biological system. However, explaining the behavior of the everyday world with quantum theory is too complicated to be practical.
Quantum theory not only specifies new rules for describing the universe but also introduces new ways of thinking about matter and energy. The tiny particles that quantum theory describes do not have defined locations, speeds, and paths like objects described by classical physics. Instead, quantum theory describes positions and other properties of particles in terms of the chances that the property will have a certain value. For example, it allows scientists to calculate how likely it is that a particle will be in a certain position at a certain time.
Quantum description of particles allows scientists to understand how particles combine to form atoms. Quantum description of atoms helps scientists understand the chemical and physical properties of molecules, atoms, and subatomic particles. Quantum theory enabled scientists to understand the conditions of the early universe, how the Sun shines, and how atoms and molecules determine the characteristics of the material that they make up. Without quantum theory, scientists could not have developed nuclear energy or the electric circuits that provide the basis for computers.
Quantum theory describes all of the fundamental forces—except gravitation—that physicists have found in nature. The forces that quantum theory describes are the electrical, the magnetic, the weak, and the strong. Physicists often refer to these forces as interactions, because the forces control the way particles interact with each other. Interactions also affect spontaneous changes in isolated particles. |
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