Law and the Criminal Justice
System 8th Edition By Scott Harr,
Kären Hess, Christine Orthmann,
Jonathon Kingsbury (All Chapters 1-
13, 100% Original Verified, A+
Garde)
All Chapters Arranged Reverse: 13-1
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is Added at the End of PDF File.
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Complete Solutions Manual for 8th
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, Solution and Answer Guide: Orthmann/Kingsbury/Hess/Harr, Constitutional Law and the Criminal Justice System, 8e,
2026, 9798214112596; Chapter 13: The Remaining Amendments and a Return to the Constitution
Solution and Answer Guide
Orthmann/Kingsbury/Hess/Harr, Constitutional Law and the Criminal Justice System, 8e, 2026,
9798214112596; Chapter 13: The Remaining Amendments and a Return to the Constitution
SOLUTIONS TO DISCUSSION QUESTIONS
1. Discuss why the framers of the Constitution probably thought it necessary to include
the Ninth and Tenth Amendments.
The Ninth and Tenth Amendments were likely included to address fears of an overly powerful federal
government. The framers wanted to ensure that individual rights and state sovereignty were respected. The
Ninth Amendment clarified that the enumeration of certain rights in the Constitution didn’t mean other
rights were forfeited or nonexistent. Meanwhile, the Tenth Amendment reinforced the principle of
federalism by reserving all powers for the states if not explicitly granted to the federal government for the
states.
2. With reference to question 1, would only one or the other have been sufficient? If
you were to eliminate the Ninth or Tenth Amendment, which would it be and why?
While the Ninth and Tenth Amendments serve complementary purposes, the Tenth is arguably more
foundational to the structure of American federalism. Without it, there would be less clarity regarding the
division of power between federal and state governments. If one had to be eliminated, it would be the Ninth
Amendment. Its open-ended nature has led to interpretative ambiguity, whereas the Tenth is a clearer
expression of the framers’ intention to limit federal authority. However, eliminating either would weaken
the Constitution’s protection of individual and state rights.
3. Could the United States not have a federal government? What about a much less
powerful federal government, and if so, what would this government do?
The United States without a federal government would likely resemble the period of the Articles of
Confederation, where a weak central authority struggled to enforce laws, regulate trade, and, importantly,
raise revenue. A less powerful federal government could still function if it focused on core responsibilities
like national defense, foreign relations, and maintaining interstate commerce. However, it would likely face
challenges in ensuring uniform rights and economic stability across states. The balance struck by the
current federal system aims to preserve both national unity and strong state autonomy.
4. Having come this far in your study of constitutional law, do you think the United
States could ever get along without a written constitution?
A written constitution provides a tangible, stable framework for governance, outlining the distribution of
powers, individual rights, and legal processes. Without it, the United States would risk significant
instability and inconsistency, which is the opposite of the stability and predictability Americans want. The
Constitution serves as a reference point that both limits government power and secures citizens’ freedoms
while still allowing for change.
5. Does the Constitution work as well as it was meant to? Why or why not?
The Constitution has endured for over two centuries, adapting to vast societal changes in all areas
(technology, culture, etc.). This longevity is a testament to its strength. The Constitution’s foundational
principles, like separation of powers and checks and balances, still function effectively. However, it’s also
clear that some ideas have been outpaced by modern advancements, requiring adaptation of the framers’
, Solution and Answer Guide: Orthmann/Kingsbury/Hess/Harr, Constitutional Law and the Criminal Justice System, 8e,
2026, 9798214112596; Chapter 13: The Remaining Amendments and a Return to the Constitution
original intent to current societal concepts. Modern challenges, such as digital privacy, healthcare, and
campaign finance, were unimaginable in the eighteenth century, leading to ongoing debates about the
Constitution’s application in contemporary issues.
6. Is there any way an internal military dictatorship could take over the present
government in the United States and be successful?
A military dictatorship in the United States seems highly unlikely due to strong institutional safeguards.
Civilian control of the military, constitutional checks and balances, and a deeply rooted tradition within
society of democratic governance, all serve as powerful deterrents. Additionally, a free press, an
independent judiciary, and the rule of law that society supports pose significant obstacles. While no system
is immune to crises, the U.S. framework can resist authoritarian takeovers.
7. Is there a present-day concern that the national government is too powerful?
Yes, concerns about an overly powerful national government remain a significant part of American political
discourse. Issues like the expansion of executive orders, the role of federal agencies, surveillance practices,
and the influence of money in politics fuel debates about federal overreach. Critics argue that a stronger
federal government can infringe upon individual liberties and states’ rights, while others believe that robust
federal authority is necessary to address national issues like healthcare, climate change, and economic
inequality. Where one falls on this belief often depends on at what government level (local, state, federal)
one believes solutions and decisions should be found.
8. If you were to eliminate any portions of the Constitution, which would they be?
Why?
If this author had to eliminate any portion, I might consider revising or removing the electoral college. This
has been an area of great controversy in some of the recent elections. Critics argue that it undermines the
principle of “one person, one vote” by giving disproportionate influence to small and swing states. A direct
popular vote could better reflect the will of the nation. However, any change should be approached
carefully, as amendments to core electoral mechanisms could have far-reaching implications. For example,
one effect might be where smaller or swing states are ignored in favor of more populous states, and the
larger states become even more influential. This is precisely what the electoral college was meant to
prevent.
9. If you were to propose any new amendments, what would they be?
This author would propose an amendment for congressional term limits. Political office was never meant to
be a career, in my opinion. In fact, it was difficult to get people to serve in these roles early on. The benefits
and money involved in serving in Congress have made these positions enviable. Other areas to consider
include voting rights, citizenship, and privacy in the digital age.
10. Imagine that a time machine would permit those who conceived the Constitution to
be present today. What would they think about how their prescription for freedom
has endured the challenges of time? What might they not be pleased with,
constitutionally?
The founding fathers might be impressed by the Constitution’s resilience and how it has remained a
foundation of governance for over 200 years. They would likely view the peaceful transitions of
presidential and congressional power, the expansion of rights, and the functioning of checks and balances,
all as accomplishments. However, they might also be concerned about aspects like the growing political
divide and partisanship, the expansion of federal power beyond what they envisioned and its infringement
on local authority, and how complex government has become. Issues like gerrymandering, the influence of
, Solution and Answer Guide: Orthmann/Kingsbury/Hess/Harr, Constitutional Law and the Criminal Justice System, 8e,
2026, 9798214112596; Chapter 13: The Remaining Amendments and a Return to the Constitution
special interests and lobbyists, and the Supreme Court’s role in shaping policy could raise questions about
whether the Constitution is operating as the framers had intended.