Actually, the death penalty IS constitutional (as the Fifth Amendment makes clear)

"The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law."

- Coffin et al v. United States (1895), the Supreme Court case which codified the presumption of innocence for people accused of crimes

People are innocent until proven guilty, and do not have to "prove" their innocence

There's a saying in America that is often quoted in these contexts, which is that people are "innocent until proven guilty." This saying is so familiar to Americans that we often take it for granted, I think. We may not always realize how rare it is in the world to have this kind of default assumption. In this country, the burden of proof is on the prosecution - or in civil cases, the "plaintiff" - rather than the defendant. The defendant is not even required to open his or her mouth to "prove" his or her own innocence. This is not written explicitly into our Constitution, but it is implied by a number of amendments, and was codified by the Supreme Court case quoted above. Moreover, a jurist from a previous century named Sir William Blackstone - a man who is quoted in the Federalist Papers - proclaimed that "the law holds, that it is better that ten guilty persons escape than one innocent suffer." (Source: Blackstone's "Commentaries," Book IV, Chapter 27) This doctrine is sometimes known as "Blackstone's formulation" or "Blackstone's Ratio."

William Blackstone

William Blackstone thought it "better that ten guilty persons escape than one innocent suffer"

John Adams expounded on "Blackstone's Ratio" in the "Boston Massacre" trial, when he said that "We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than one innocent person should suffer. The reason is, because it’s of more importance to community, that innocence should be protected, than it is, that guilt should be punished; for guilt and crimes are so frequent in the world, that all of them cannot be punished; and many times they happen in such a manner, that it is not of much consequence to the public, whether they are punished or not. But when innocence itself, is brought to the bar and condemned, especially to die, the subject will exclaim, it is immaterial to me, whether I behave well or ill; for virtue itself, is no security. And if such a sentiment as this, should take place in the mind of the subject, there would be an end to all security what so ever." (Source: Adams' Argument for the Defense, 3-4 December 1770) When a person really is guilty of a crime (as sometimes happens), this can still make it somewhat difficult to bring criminals to justice, of course. Thus, the police force and prosecutors have to possess a high degree of skill to provide the necessary proof of these actions. But if these protections are not in place (and many countries don't have them), then innocent people are vulnerable to an arbitrary tyranny that can punish them at will; and there are few things that Americans fear more than an absolute government with unlimited power. Thus, there must be a balancing act in any free country between individual protections and criminal justice, where the people are protected against both unlimited government and violent criminals. Thus, it might be helpful to go over some of these constitutional protections from our Bill of Rights.

John Adams, the defense attorney in the "Boston Massacre" trial

The First Amendment: Protecting religion from government (and not the other way around)

"Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church and State."

- Thomas Jefferson to the Danbury Baptist Association, on January 1, 1802

The most hotly debated sentence in American history

The Constitution has many passages in it that are hotly debated today, and these debates will likely continue for years to come. But if I were asked what is the most hotly debated sentence in American history, my vote might well go to this one: "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." (Source: First Amendment) This is the Constitution's famous First Amendment, and it is indeed the first of the ten amendments that make up our modern "Bill of Rights." It would also seem to be the first thing that the people of that time wanted to include when they endeavored to list various "rights" in the Constitution via the Bill of Rights, and so one might surmise that these rights need to be understood today by the people who live here.

Thomas Jefferson

Establishment of religion, or "prohibiting the free exercise thereof"

The very first thing that this amendment mentions, I should acknowledge here, is respecting an "establishment of religion." This clause has been sometimes associated with a famous phrase by the American Founding Father Thomas Jefferson, which is "a wall of separation between Church and State." This is a phrase that rings loudly in the ears of atheists today, because of the persecution that they see from the Christian majority surrounding them. Indeed, atheists love to remind society that so many Founding Fathers were actually Deists (rather than Christians), and that they were thus somewhat different from the "Christian majority" surrounding them (which they delight in pointing out often). But between the "establishment of religion" clause and the amendment's first semicolon is one other important phrase - and only one other phrase - which is the part forbidding government from "prohibiting the free exercise" of their religion. This clause has long been associated with the phrase "freedom of religion," which is a phrase that rings loudly in the ears of unabashedly-religious people in the same way; and which is similarly revered as sacred.

United States Bill of Rights

What's the difference between a “democracy” and a “republic”?

"The United States shall guarantee to every state in this union, a republican form of government ... "

- Article 4, Section 4 of the United States Constitution

Is there a difference between a "democracy" and a "republic"?

The meaning of words tends to change over time, and the words "democracy" and "republic" are no different in this respect. For example, if you were to ask Americans on the streets today whether there's a difference between the two words, many would reply that they are the same (or, at least, close to the same), and some dictionaries even define them as synonymous today. Among them is the website of Princeton University, which offers multiple definitions for each word. One of these definitions is even the same for both words, and their website lists the two words as accepted synonyms for each other in this context. Their shared definition, in case you're wondering, is that they are "a political system in which the supreme power lies in a body of citizens who can elect people to represent them" (Source: entry on "democracy" and entry on "republic") The contemporary use of these words is thus somewhat interchangeable, and the common meaning of these words would admit few (if any) distinctions between them.

James Madison

The Founding Fathers thought there actually was ...

Yet there is a historical distinction between the two that our Founding Fathers recognized. One of them even offered these definitions explicitly in the Federalist Papers. These definitions show a distinction between the two in the mind of this particular Founding Father. This distinction existed in his mind long before the Constitutional Convention, even if he had not yet included it in the Federalist Papers. The Founding Father was James Madison, and he essentially said that a democracy was a direct democracy - or in other words, where people vote on everything directly in person. His phrase for a direct democracy was a "pure democracy," and he defined it as "a society consisting of a small number of citizens, who assemble and administer the government in person" (Source: Federalist No. 10). A good example of this system might be Ancient Athens, the most successful city-state within the lost world of Ancient Greece. Madison's definition of a republic, by contrast, was that it was "a government in which the scheme of representation takes place" (Source: Federalist No. 10). In other words, he said, the definition of a republic is where the people elect others to make those decisions for them. Which is better, you might ask? Are there greater dangers in delegating these powers to our elected representatives, or do the greatest dangers come from other sources, like the "tyranny of the majority"?

James Madison

10 “what if” scenarios that could create constitutional crises (in some places) …

"In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve upon the Vice President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President be elected."

- Article 2, Section 1, Paragraph 5 of the original Constitution (which was partially changed by constitutional amendments, as I will describe later here)

The true test of a country is how it handles emergencies ...

The Constitution is well-equipped to handle the routine and the mundane, and the periods of relative stability that have marked most of this country's history. But this country's Constitution is also well-equipped to handle periods of chaos and instability where elected officials die, or resign, or become otherwise ineligible through disability. The true test of a country is sometimes found in how it handles these contingencies, and the other emergencies that it can face in its history. Thus, the Constitution has a number of backup plans about how to deal with these things. Some of them come from the original Constitution itself, and the clauses related to the succession of presidents and other elected officials. But other backup plans come from the amendments that were made since that time; and a review of these things might thus be helpful here, to show how the Constitution handles these unusual emergency situations.

White House

Reagan and “Star Wars”: Bringing the fall of the Wall and the end of the Cold War

"Mr. Gorbachev, open this gate ... Mr. Gorbachev, tear down this wall!"

- President Ronald Reagan, standing at the Brandenburg Gate on 12 June 1987

Two rival superpowers with nuclear weapons

People in my generation may not always be aware of it today, but the world was afraid of a nuclear war for over forty years of the last century. It was called the "Cold War," for those who don't know, and the scariest thing about it was that this nuclear holocaust could actually happen. Two superpowers had nuclear weapons - which were, of course, the United States and the Soviet Union - and these two superpowers disliked and distrusted each other greatly.

Berlin Wall, 1986

An eerie description of the Cold War from a previous century

The words of a philosopher from 300 years ago could be seen as an accurate description of this twentieth-century conflict, and an eerie one at that. The English philosopher Thomas Hobbes wrote that "persons of sovereign authority [or in this case, nations] ... [are] in the state and posture of gladiators; having their weapons pointing, and their eyes fixed on one another; that is, their forts, garrisons, and guns upon the frontiers of their [nations]; and continual spies on their neighbors; which is a posture of war." (Source: "Leviathan" [published 1651], Chapter XIII, the subsection entitled "The incommodities of such a war") Thus, in many important ways, Thomas Hobbes' timeless quotation is an apt description of the Cold War.

Blockade (or "quarantine") of Cuba during the Cuban Missile Crisis, 1962

The Constitution keeps our elected officials on a short leash

"Before he [the president] enter on the execution of his office, he shall take the following oath or affirmation: I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability preserve, protect, and defend the Constitution of the United States."

- Article 2, Section 1, Paragraph 7 of the Constitution

Politicians: The problem of every society ...

Virtually every nation in the world resents politicians, I think, even if they don't have the freedom to say so openly. The ones who can, do so often, as a group; and they are filled with resentment of incompetence and corrupt leadership. They tend to care deeply about who can hold political office, about the laws that they are required to follow, and even about when the people can vote on the next batch of them in elections. They watch their legislatures carefully, and are suspicious of all attempts to keep something secret from the public. They pay close attention to how many tax dollars go to supporting the bureaucracy, and monitor the public records of these things that the Constitution requires. Americans may pay especially close attention to how much money goes to supporting the only federal institution that can determine its own salary - Congress. These issues are often touchy ones for Americans, and can bring more than one sharp word from many a suspicious American. Thus, some comments might be appropriate here about what the Constitution says on these subjects. There are a number of solutions therein for these kinds of problems.

Constitution of the United States

“Publius”: The secret pen name of three Founding Fathers

"As the perusal of the political papers under the signature of Publius has afforded me great satisfaction, I shall certainly consider them as claiming a most distinguished place in my library. I have read every performance which has been printed on one side or the other of the great question lately agitated (so far as I have been able to obtain them) and, without an unmeaning compliment, I will say that I have seen no other so well calculated (in my judgment) to produce conviction on an unbiased mind, as the Production of your Triumvirate. When the transient circumstances & fugitive performances which attended this crisis shall have disappeared, that work will merit the notice of Posterity; because in it are candidly discussed the principles of freedom & the topics of government, which will be always interesting to mankind so long as they shall be connected in Civil Society."

- George Washington, in a letter to Alexander Hamilton (August 28, 1788)

It was common at this time for Americans to write under pen names named after great Romans

During the debates over whether or not to ratify the Constitution, authors on both sides of the debate wrote a series of anonymous "letters to the editor[s]" of newspapers under various pen names. There were advantages to writing these articles anonymously, of course, when one wished to say controversial things in these debates that could offend one's friends if they were known publicly. Among these authors were many who had actually named their alter egos after people in Roman history, whose accomplishments they thus wished to invoke in their arguments. The Constitution's opponents, for example, included "Brutus" (possibly Melancton Smith or Robert Yates or even John Williams), and "Cato" (possibly New York governor George Clinton). These were both names of people who had opposed the Roman monarchy (or at least, a particular manifestation of that monarchy). Thus, this would imply that they were opposed to a repeat of such monarchy in America.

George Clinton, a possible identity of the author that called himself "Cato"

Alexander Hamilton considered Gouverneur Morris and William Duer to write as "Publius"

The Constitution's supporters wrote under classical pen names, too; and theirs were equally indebted to Greek and Roman history. Alexander Hamilton made the unfortunate mistake once of using the pen name "Caesar." The condescending tone that he used when writing under this pen name made him almost as many enemies as the ill-chosen pen name itself. When he finally learned his lesson (and it fortunately didn't take him long to learn it), he returned to another pen name that he had used before, which was the pen name of "Publius." (Hamilton's prior use of this pen name, incidentally, was to attack fellow Federalist Samuel Chase for using some inside knowledge from Congress to try and dominate the flour market. Specifically, Hamilton used three letters under this name to question Chase's patriotism in 1778.) When he began recruiting collaborators for the now-famous Federalist Papers in 1787, Hamilton apparently approached Gouverneur Morris and William Duer about becoming contributors, before finally settling on James Madison and John Jay instead. Gouverneur Morris apparently turned down the invitation to work on the "Publius" papers, and Hamilton actually rejected three essays later written by William Duer, despite having invited him to participate in the first place. (William Duer would later write under the alternative pen name of "Philo-Publius," or "Friend of Publius," instead.)

Gouverneur Morris, who turned down the opportunity to write a portion of the Federalist Papers

William Duer, who wrote three essays that Hamilton later rejected as part of the Federalist Papers