Individuals do not have the right to refuse medications

If the Compliance Manager says so

Bill of Rights for People with Developmental Disabilities

Democratic Constitution in South Africa Struggle against Apartheid • Apartheid was the name of a system of racial discrimination unique to South Africa. • This system was particularly oppressive for the blacks. → They were forbidden from living in white areas. • Since 1950, the blacks, coloured and Indians fought against the apartheid system. • The African National Congress (ANC) was the umbrella organisation that led the struggle against the policies of segregation. • In 1964, Nelson Mandela and seven other leaders were sentenced to life imprisonment in 1964 for daring to oppose the apartheid regime in his country. Towards a New Constitution • As protests and struggles against apartheid had increased, the white regime changed its policies. • After 28 years of imprisonment, Nelson Mandela released from jail. • At the midnight of 26 April 1994, democracy was adopted as a form of government in South Africa. • After two years, a constitution came out which gave to its citizens the most extensive rights available in any country. Why do we need a Constitution? • A constitution is necessary because: → It generates a degree of trust and coordination that is necessary for different kind of people to live together. → It specifies how the government will be constituted, who will have power to take which decisions. → It lays down limits on the powers of the government and tells us what the rights of the citizens are. → It expresses the aspirations of the people about creating a good society. Making of the Indian Constitution • In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India. • In 1931, the resolution at the Karachi session of the Indian National Congress dwelt on how independent India’s constitution should look like. • Factors contributed to the making of our Constitution. → Ideals of French Revolution → The practice of parliamentary democracy in Britain → The Bill of Rights in the US → The socialist revolution in Russia The Constituent Assembly • In July 1946, Elections to the Constituent Assembly were held. → The drafting of the document called the constitution was done Constituent Assembly. → Dr. Rajendra Prasad was the Chairman of the Constituent Assembly. → In December 1946, the first meeting was held. • After the country was divided into India and Pakistan, the Constituent Assembly also got divided. • The Assembly adopted the Constitution on 26 November 1949 but it came into effect on 26 January 1950. • To mark this day we celebrate January 26 as Republic Day every year. • The Constituent Assembly worked in a systematic, open and consensual manner. → First some basic principles were decided and agreed upon. → Then a Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for discussion. → More than two thousand amendments were considered. Philosophy of the Constitution • The Constitution begins with a short statement of its basic values which is called the Preamble to the constitution. The preamble focuses on: → Justice, social, economic and political. → Liberty of thoughts, expression, belief, faith and worship. → Equality of status and of opportunity. → Fraternity assuring the dignity of the individual and the unity and integrity of the nation.

“There’s No Such Thing as Sound Science” by By Christie Aschwanden was a lead science writer for FiveThirtyEight. FiveThirtyEight, Science, Dec. 6, 2017 Science is being turned against itself. For decades, its twin ideals of transparency and rigor have been weaponized by those who disagree with results produced by the scientific method. Under the Trump administration, that fight has ramped up again. In a move ostensibly meant to reduce conflicts of interest, Environmental Protection Agency Administrator Scott Pruitt has removed a number of scientists from advisory panels and replaced some of them with representatives from industries that the agency regulates. Like many in the Trump administration, Pruitt has also cast doubt on the reliability of climate science. For instance, in an interview with CNBC, Pruitt said that “measuring with precision human activity on the climate is something very challenging to do.” Similarly, Trump’s pick to head NASA, an agency that oversees a large portion the nation’s climate research, has insisted that research into human influence on climate lacks certainty, and he falsely claimed that “global temperatures stopped rising 10 years ago.” Kathleen Hartnett White, Trump’s nominee to head the White House Council on Environmental Quality, said in a Senate hearing last month that she thinks we “need to have more precise explanations of the human role and the natural role” in climate change. The same entreaties crop up again and again: We need to root out conflicts. We need more precise evidence. What makes these arguments so powerful is that they sound quite similar to the points raised by proponents of a very different call for change that’s coming from within science. This other movement strives to produce more robust, reproducible findings. Despite having dissimilar goals, the two forces espouse principles that look surprisingly alike: Science needs to be transparent. Results and methods should be openly shared so that outside researchers can independently reproduce and validate them. The methods used to collect and analyze data should be rigorous and clear, and conclusions must be supported by evidence. These are the arguments underlying an “open science” reform movement that was created, in part, as a response to a “reproducibility crisis” that has struck some fields of science.1 But they’re also used as talking points by politicians who are working to make it more difficult for the EPA and other federal agencies to use science in their regulatory decision-making, under the guise of basing policy on “sound science.” Science’s virtues are being wielded against it. What distinguishes the two calls for transparency is intent: Whereas the “open science” movement aims to make science more reliable, reproducible and robust, proponents of “sound science” have historically worked to amplify uncertainty, create doubt and undermine scientific discoveries that threaten their interests. “Our criticisms are founded in a confidence in science,” said Steven Goodman, co-director of the Meta-Research Innovation Center at Stanford and a proponent of open science. “That’s a fundamental difference — we’re critiquing science to make it better. Others are critiquing it to devalue the approach itself.” Calls to base public policy on “sound science” seem unassailable if you don’t know the term’s history. The phrase was adopted by the tobacco industry in the 1990s to counteract mounting evidence linking secondhand smoke to cancer. A 1992 Environmental Protection Agency report identified secondhand smoke as a human carcinogen, and Philip Morris responded by launching an initiative to promote what it called “sound science.” In an internal memo, Philip Morris vice president of corporate affairs Ellen Merlo wrote that the program was designed to “discredit the EPA report,” “prevent states and cities, as well as businesses from passing smoking bans” and “proactively” pass legislation to help their cause. The sound science tactic exploits a fundamental feature of the scientific process: Science does not produce absolute certainty. Contrary to how it’s sometimes represented to the public, science is not a magic wand that turns everything it touches to truth. Instead, it’s a process of uncertainty reduction, much like a game of 20 Questions. Any given study can rarely answer more than one question at a time, and each study usually raises a bunch of new questions in the process of answering old ones. “Science is a process rather than an answer,” said psychologist Alison Ledgerwood of the University of California, Davis. Every answer is provisional and subject to change in the face of new evidence. It’s not entirely correct to say that “this study proves this fact,” Ledgerwood said. “We should be talking instead about how science increases or decreases our confidence in something.” The tobacco industry’s brilliant tactic was to turn this baked-in uncertainty against the scientific enterprise itself. While insisting that they merely wanted to ensure that public policy was based on sound science, tobacco companies defined the term in a way that ensured that no science could ever be sound enough. The only sound science was certain science, which is an impossible standard to achieve. “Doubt is our product,” wrote one employee of the Brown & Williamson tobacco company in a 1969 internal memo. The note went on to say that doubt “is the best means of competing with the ‘body of fact’” and “establishing a controversy.” These strategies for undermining inconvenient science were so effective that they’ve served as a sort of playbook for industry interests ever since, said Stanford University science historian Robert Proctor. The sound science push is no longer just Philip Morris sowing doubt about the links between cigarettes and cancer. It’s also a 1998 action plan by the American Petroleum Institute, Chevron and Exxon Mobil to “install uncertainty” about the link between greenhouse gas emissions and climate change. It’s industry-funded groups’ late-1990s effort to question the science the EPA was using to set fine-particle-pollution air-quality standards that the industry didn’t want. And then there was the more recent effort by Dow Chemical to insist on more scientific certainty before banning a pesticide that the EPA’s scientists had deemed risky to children. Now comes a move by the Trump administration’s EPA to repeal a 2015 rule on wetlands protection by disregarding particular studies. (To name just a few examples.) Doubt merchants aren’t pushing for knowledge, they’re practicing what Proctor has dubbed “agnogenesis” — the intentional manufacture of ignorance. This ignorance isn’t simply the absence of knowing something; it’s a lack of comprehension deliberately created by agents who don’t want you to know, Proctor said.2 In the hands of doubt-makers, transparency becomes a rhetorical move. “It’s really difficult as a scientist or policy maker to make a stand against transparency and openness, because well, who would be against it?” said Karen Levy, researcher on information science at Cornell University. But at the same time, “you can couch everything in the language of transparency and it becomes a powerful weapon.” For instance, when the EPA was preparing to set new limits on particulate pollution in the 1990s, industry groups pushed back against the research and demanded access to primary data (including records that researchers had promised participants would remain confidential) and a reanalysis of the evidence. Their calls succeeded and a new analysis was performed. The reanalysis essentially confirmed the original conclusions, but the process of conducting it delayed the implementation of regulations and cost researchers time and money. Delay is a time-tested strategy. “Gridlock is the greatest friend a global warming skeptic has,” said Marc Morano, a prominent critic of global warming research and the executive director of ClimateDepot.com, in the documentary “Merchants of Doubt” (based on the book by the same name). Morano’s site is a project of the Committee for a Constructive Tomorrow, which has received funding from the oil and gas industry. “We’re the negative force. We’re just trying to stop stuff.” Some of these ploys are getting a fresh boost from Congress. The Data Quality Act (also known as the Information Quality Act) was reportedly written by an industry lobbyist and quietly passed as part of an appropriations bill in 2000. The rule mandates that federal agencies ensure the “quality, objectivity, utility, and integrity of information” that they disseminate, though it does little to define what these terms mean. The law also provides a mechanism for citizens and groups to challenge information that they deem inaccurate, including science that they disagree with. “It was passed in this very quiet way with no explicit debate about it — that should tell you a lot about the real goals,” Levy said. But what’s most telling about the Data Quality Act is how it’s been used, Levy said. A 2004 Washington Post analysis found that in the 20 months following its implementation, the act was repeatedly used by industry groups to push back against proposed regulations and bog down the decision-making process. Instead of deploying transparency as a fundamental principle that applies to all science, these interests have used transparency as a weapon to attack very particular findings that they would like to eradicate. Now Congress is considering another way to legislate how science is used. The Honest Act, a bill sponsored by Rep. Lamar Smith of Texas,3 is another example of what Levy calls a “Trojan horse” law that uses the language of transparency as a cover to achieve other political goals. Smith’s legislation would severely limit the kind of evidence the EPA could use for decision-making. Only studies whose raw data and computer codes were publicly available would be allowed for consideration. That might sound perfectly reasonable, and in many cases it is, Goodman said. But sometimes there are good reasons why researchers can’t conform to these rules, like when the data contains confidential or sensitive medical information.4 Critics, which include more than a dozen scientific organizations, argue that, in practice, the rules would prevent many studies from being considered in EPA reviews.5 It might seem like an easy task to sort good science from bad, but in reality it’s not so simple. “There’s a misplaced idea that we can definitively distinguish the good from the not-good science, but it’s all a matter of degree,” said Brian Nosek, executive director of the Center for Open Science. “There is no perfect study.” Requiring regulators to wait until they have (nonexistent) perfect evidence is essentially “a way of saying, ‘We don’t want to use evidence for our decision-making,’” Nosek said. Most scientific controversies aren’t about science at all, and once the sides are drawn, more data is unlikely to bring opponents into agreement. Michael Carolan, who researches the sociology of technology and scientific knowledge at Colorado State University, wrote in a 2008 paper about why objective knowledge is not enough to resolve environmental controversies. “While these controversies may appear on the surface to rest on disputed questions of fact, beneath often reside differing positions of value; values that can give shape to differing understandings of what ‘the facts’ are.” What’s needed in these cases isn’t more or better science, but mechanisms to bring those hidden values to the forefront of the discussion so that they can be debated transparently. “As long as we continue down this unabashedly naive road about what science is, and what it is capable of doing, we will continue to fail to reach any sort of meaningful consensus on these matters,” Carolan writes. The dispute over tobacco was never about the science of cigarettes’ link to cancer. It was about whether companies have the right to sell dangerous products and, if so, what obligations they have to the consumers who purchased them. Similarly, the debate over climate change isn’t about whether our planet is heating, but about how much responsibility each country and person bears for stopping it. While researching her book “Merchants of Doubt,” science historian Naomi Oreskes found that some of the same people who were defending the tobacco industry as scientific experts were also receiving industry money to deny the role of human activity in global warming. What these issues had in common, she realized, was that they all involved the need for government action. “None of this is about the science. All of this is a political debate about the role of government,” she said in the documentary. These controversies are really about values, not scientific facts, and acknowledging that would allow us to have more truthful and productive debates. What would that look like in practice? Instead of cherry-picking evidence to support a particular view (and insisting that the science points to a desired action), the various sides could lay out the values they are using to assess the evidence. For instance, in Europe, many decisions are guided by the precautionary principle — a system that values caution in the face of uncertainty and says that when the risks are unclear, it should be up to industries to show that their products and processes are not harmful, rather than requiring the government to prove that they are harmful before they can be regulated. By contrast, U.S. agencies tend to wait for strong evidence of harm before issuing regulations. Both approaches have critics, but the difference between them comes down to priorities: Is it better to exercise caution at the risk of burdening companies and perhaps the economy, or is it more important to avoid potential economic downsides even if it means that sometimes a harmful product or industrial process goes unregulated? In other words, under what circumstances do we agree to act on a risk? How certain do we need to be that the risk is real, and how many people would need to be at risk, and how costly is it to reduce that risk? Those are moral questions, not scientific ones, and openly discussing and identifying these kinds of judgment calls would lead to a more honest debate. Science matters, and we need to do it as rigorously as possible. But science can’t tell us how risky is too risky to allow products like cigarettes or potentially harmful pesticides to be sold — those are value judgements that only humans can make.

Chapter 7 Study Guide Answers What does the Bill of Rights do? The Bill of Rights lists our basic rights. Who is the person mainly responsible for the Bill of Rights? James Madison is the person mainly responsible for the Bill of Rights. The Bill of Rights is part of which document? The Bill of Rights is part of the United States Constitution. Whose job is it to protect our rights listed in the bill of rights? It is the job of the federal courts (judicial branch) to protect our rights. What are the five rights listed in the first amendment? Freedom of speech: includes symbolic speech; does not include speech that could endanger the public safety. Religion: Right to believe whatever you want, but you can’t do whatever you want in the name of religion (can’t break the law). Press: The free flow of information and ideas; can’t print lies or information that could be helpful to an enemy in wartime. Assembly: Use public property for meetings and demonstrations (i.e. parades, protests, political rallies). Must be done legally and peaceably. Right to petition: Means you can appeal to the government if you’re unhappy about something or some policy. Give one example of speech NOT protected under the first amendment. An example of speech not protected under the first amendment would be crying “fire” in a crowded movie theater (anything that could potentially endanger the public safety). What does the second amendment give us the right to? The second amendment gives us the right to bear arms. What does the third amendment state we are not legally obligated to do? Under the third amendment, we are not obligated to quarter (or house) soldiers in our homes. What does the fourth amendment protect us from? The fourth amendment protects us from unreasonable search and seizure. What is needed in order to search or seize property? A warrant is needed, which must be issued by a judge, in order to search and seize property. What five rights are we guaranteed under the Fifth Amendment? Right to a grand jury: determines whether or not the government has enough evidence to bring someone to trial. Double jeopardy: Once a person has been found not guilty, he cannot be tried again for the same crime. Self incrimination: A person has the right to remain silent; he does not have to testify against himself. Due process: The government must follow a clear set of rules (a process) as it carries out the law and takes your life, liberty, or property. Just compensation: If the government has to take someone’s land, they will offer a fair price. What is the right stated in the “Miranda Warning”? The main right stated in the “Miranda Warning” is the right to remain silent. What are the four rights stated under the sixth amendment? Right to a speedy and public trial, and an impartial jury. Right to a jury of people that live in the defendant’s area (jury of your peers). To hear and question all witnesses Right to an attorney As stated in the seventh amendment, we have the right to which type of trial depending on how much money a person is being sued for? What can a judge NOT do? Under the seventh amendment, we have the right to a jury trial depending on how much money is at stake in a civil trial. A judge cannot overturn a decision made by a jury. What are the four things that are prohibited under the eighth amendment? The four things that are prohibited (or not allowed) under the eighth amendment are: excessive fines, excessive bail, cruel and unusual punishments, and poor prison conditions. Under the ninth amendment, rights not listed in the Bill of Rights belong to whom? According to the ninth amendment, rights not listed in the Bill of Rights belong to the people. The tenth amendment states that powers not given to the national government are reserved for whom? According to the tenth amendment, powers not specifically given to the national government are reserved for the people and the states. What is meant by the term “double jeopardy”? The term “double Jeopardy” refers to a person being retried for a crime in which he has already been acquitted, or found “not guilty”. What does it mean to be indicted by a grand jury? To be indicted by a grand jury means that a person will be going to trial and will retain all of the rights listed in the fifth, sixth, seventh, and eighth amendments.

John Adams the first Vice President and second President of the United States James Armistead black slave who served in the colonial army as a spy General Edward Braddock commander of all British forces in North America during the French and Indian War Nathan Hale "I only regret that I have but one life to lose for my country." Patrick Henry Virginian who said, "Give me liberty, or give me death!" New York City our nation's first capital Battle of Bunker Hill the first major battle in the War for Independence judicial the branch of government that interprets the law executive the branch of government that enforces the law legislative the branch of government that makes the law Articles of Confederation the first plan of government that the United States had agreed upon Bill of Rights lists the rights or freedoms the Constitution gives to Americans; written in the form of ten amendments Constitution of the U.S. plan of government our country still follows today Declaration of Independence document written by Jefferson declaring the independence of the colonies from England First Amendment gives Americans the following freedoms: religion, speech, press, and assembly Treaty of Paris document signed by England giving up the American colonies and making them officially free and independent Inauguration Day The day the President takes his oath of office Valley Forge Washington's army spent the harsh winter of 1777-1778 Second Continental Congress The decision to organize the Continental Army was made at the ??? in 1775. constitutional republic The form of government in which the people and their elected representatives are limited by a constitution patriots Those who wanted America to be free from Britain's control

How can amendments to the Constitution be proposed? Congress may propose an amendment by a vote of at least two-thirds of each house of Congress. A national convention called by Congress at the request of at least two thirds of the state legislatures may propose an amendment. How can an amendment be ratified as part of the Constitution? An amendment may be approved by the legislatures in at least three-fourths of the states. An amendment may be ratified by special conventions in at least three-fourths of the states. Once an amendment is approved, it becomes part of the Constitution. How many amendments have been made to the Constitution? What were the first ten called? Why were so many approved right away? Only 27 have been approved. The first 10 amendments were added almost immediately after the Constitution was ratified. Called the Bill of Rights, these 10 amendments primarily guarantee specific rights to citizens. These amendments were demanded by many Americans in exchange for their support of the Constitution.

During the American Revolution, the Founding Fathers met to develop a government that would take over as soon as the British left. By 1777, they had written the Articles of Confederation, which created the first United States government. Under the Articles, the states joined together in an alliance of separate state powers with a very weak central government. For example, the government could not collect taxes or keep a standing military. After ten years, the Founding Fathers realized the Articles created a government that was too weak to work! They decided it was time for a change. The Founding Fathers wanted a stronger government that had more authority with the states. Representatives from each state gathered in Philadelphia on May 14, 1787 to discuss possible changes. They agreed on a federalist government, where a central power would oversee and share authority with the states. To make sure the federal government did not gain too much power, they created three branches to provide for checks and balances. The legislative branch would make the laws, the judicial branch would interpret the laws, and the executive branch would enforce the laws. This solved many problems, but one large issue remained: how would the states be represented in this new federal government? At first, the bigger states wanted the population of a state to determine the amount of representation. But the smaller states called foul! The bigger states would end up deciding the laws for everyone. The smaller states suggested that each state have an equal number of representatives. But that would end up giving smaller states too much power. Finally delegates from Connecticut submitted a solution: Why not have two houses make up the legislative branch? The Senate would have an equal number of representatives from each state. Representation in the House of Representatives would be based on the state’s population. This model is called bicameral representation and helped the delegates find a compromise. Between May and September 1787, the delegates at the Constitutional Convention compromised on many issues in order to unite and build a strong national government. They decided the office of the executive would consist of one person and that the national government would have the power to tax and to create a military. These decisions determined that the new federal government would have more authority than before. Some delegates disagreed with the new system, but many of their concerns would be addressed when the Bill of Rights was added to the Constitution in 1789. Looking Ahead At the end of the Constitutional Convention, the delegates signed the Constitution. Many saw a bright future ahead for the United States. The document guarantees a government with three branches based on a system of checks and balances. The delegates of the Convention successfully created a government that addressed the needs of small and large states alike, while providing for a federal government that would tie them together.

Bill of Rights

110.31.b.17.C

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