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Critical Thinking Exercise
Look at each Amendment included in the Bill of Rights. For each Amendment answer the question posed below.
First Amendment–
- Does the press have the right to access the disaster area?
- Do the media have a right to publish pictures of the hurricane’s victims?
Second Amendment –
- Can local authorities constitutionally confiscate firearms at storm shelters?
Third Amendment –
- Would it be unconstitutional if federal or state troops had to be quartered in private residences in New Orleans?
Fourth Amendment –
- Is forced evacuation a violation of the people’s right to be “secure in their houses, papers and effects?”
- Is it constitutional for authorities to forcibly remove a citizen from his or her home because of the danger caused by the storm?
Fifth Amendment –
- Is it possible that habeas corpus might be suspended in the wake of this natural disaster? What are the constitutional implications of suspending habeas corpus ?
- Can damaged or destroyed property be seized using the government’s right of eminent domain? What would be just compensation for apparently worthless land?
- Are residents forcibly evacuated from New Orleans being deprived without due process of their Fifth Amendment right to “liberty and property?”
Sixth Amendment –
- Many trials in devastated areas of Louisiana and Mississippi will have to be postponed. Is this a violation of the right to a speedy trial?
Seventh Amendment –
- How will the local and state government handle the large volume of civil cases that will arise because of Hurricane Katrina?
Eighth Amendment –
- Without power, clean water, or sewage treatment, is it “cruel and unusual” to hold prisoners in jail?
- If prison populations must be moved, could overcrowding of other area jails be considered “cruel and unusual?”
Ninth Amendment –
- By publishing pictures of hurricane victims, is the press violating the right to privacy of family members?
- By making certain areas off-limits, is the government infringing the public’s right to travel freely?
Tenth Amendment –
- Which level of government is responsible for the disaster recovery efforts?
- Which authorities are responsible for removing individuals from the disaster stricken area?
- Is it the responsibility of the federal government to rebuild the areas of the Gulf Coast that were affected by the hurricane? What about the state and local government?
Extensions
- Discuss other constitutional issues related to Hurricane Katrina. Some issues might include:
- The role of the President in sending active military to New Orleans to quell insurrections and maintain a “republican form of government” as outlined in Article IV
- Role of the Executive branch in managing relief efforts versus the role of the Congress in funding the relief efforts.
