1 00:00:05,590 --> 00:00:09,100 Hello, everybody, and welcome to this series of online videos that 2 00:00:09,300 --> 00:00:13,060 will help you understand the content of this first semester of legal 3 00:00:13,260 --> 00:00:14,170 English for L3 students. 4 00:00:14,370 --> 00:00:19,390 Now, before we get into the actual content of today's class, 5 00:00:19,590 --> 00:00:23,320 I'd like to take a moment to make sure you understand what role these 6 00:00:23,520 --> 00:00:24,490 videos will play. 7 00:00:24,700 --> 00:00:28,600 The most important thing for you to realize is that these videos 8 00:00:28,800 --> 00:00:33,160 do absolutely not contain all the information that you will need 9 00:00:33,360 --> 00:00:36,430 in order to pass the test at the end of the semester, 10 00:00:36,630 --> 00:00:40,690 or even to be able to do the homework that will that will be given to 11 00:00:40,890 --> 00:00:43,360 you every week, each and every week. 12 00:00:43,560 --> 00:00:47,950 My colleagues and I will post a document called Facts that does 13 00:00:48,150 --> 00:00:52,240 indeed contain the knowledge that you will need to acquire and that 14 00:00:52,440 --> 00:00:56,770 corresponds to what your classmates will learn during actual physical 15 00:00:56,970 --> 00:00:57,730 classes. 16 00:00:57,930 --> 00:01:02,470 These videos, which will also be posted every week, are a sort of 17 00:01:02,670 --> 00:01:05,020 summary of these facts sections. 18 00:01:05,220 --> 00:01:10,300 But I really want you to understand that the videos alone are not enough. 19 00:01:10,500 --> 00:01:14,560 You will need to read the facts section as well every week. 20 00:01:14,760 --> 00:01:15,520 Okay. 21 00:01:15,730 --> 00:01:19,900 Now that this has been said, let's start talking about the actual 22 00:01:20,100 --> 00:01:21,790 content of this semester. 23 00:01:21,990 --> 00:01:26,110 You are now in  L3   which means that you are in the middle of a 24 00:01:26,310 --> 00:01:30,820 two year process that is supposed to give you a deeper understanding 25 00:01:31,020 --> 00:01:34,540 of the American Constitution, which, as you know, was written 26 00:01:34,740 --> 00:01:38,680 in 1787 and is still in use today. 27 00:01:39,010 --> 00:01:43,060 The way this process was designed is pretty easy to understand. 28 00:01:43,260 --> 00:01:47,680 The American Constitution is basically made of two different parts. 29 00:01:47,880 --> 00:01:53,320 The articles (there are seven of them) and the amendments (27 in total). 30 00:01:53,530 --> 00:01:58,960 Last year in L2 , you studied the articles of the American Constitution 31 00:01:59,160 --> 00:02:04,150 and this year in  L3  you will study the amendments to the American 32 00:02:04,350 --> 00:02:05,140 Constitution. 33 00:02:05,380 --> 00:02:09,580 And because of that, the first thing we need to do is 34 00:02:09,780 --> 00:02:14,380 to establish the difference between these two parts of the Constitution, 35 00:02:14,580 --> 00:02:16,900 the articles and the amendments. 36 00:02:17,170 --> 00:02:20,290 As you already know, the articles of the American 37 00:02:20,490 --> 00:02:25,570 Constitution designed the political and institutional system that the 38 00:02:25,770 --> 00:02:28,450 US still operates on today. 39 00:02:28,750 --> 00:02:33,610 Article one created the legislative power and gave it to Congress. 40 00:02:33,810 --> 00:02:39,040 Article two gave birth to the executive power and gave its responsibility 41 00:02:39,240 --> 00:02:41,290 to a President of the United States. 42 00:02:41,490 --> 00:02:45,940 And Article three established the Supreme Court and more generally, 43 00:02:46,140 --> 00:02:47,500 the federal judiciary. 44 00:02:47,700 --> 00:02:50,230 That is basically what you studied in L2. 45 00:02:50,830 --> 00:02:52,120 What about this year, L3? 46 00:02:52,320 --> 00:02:57,460 As I already told you, we are going to study the amendments 47 00:02:57,660 --> 00:02:59,440 to the American Constitution. 48 00:02:59,740 --> 00:03:03,700 The first thing I want you to know is that we are not going to study 49 00:03:03,900 --> 00:03:05,530 the 27 amendments. 50 00:03:05,730 --> 00:03:08,530 We will actually pay attention to six of them. 51 00:03:08,740 --> 00:03:12,910 The First, the Fourth, the Fifth, the Sixth, 52 00:03:13,110 --> 00:03:16,240 the Eighth and the Fourteenth Amendment. 53 00:03:16,600 --> 00:03:21,190 In other words, we are mainly going to study the Bill of Rights, 54 00:03:21,390 --> 00:03:25,870 which is the name given to the first ten amendments to the American 55 00:03:26,070 --> 00:03:30,820 Constitution, which were adopted simultaneously in 1791. 56 00:03:31,020 --> 00:03:33,990 Now, what are these amendments about? 57 00:03:34,190 --> 00:03:37,060 What is their role in the Constitution? 58 00:03:37,300 --> 00:03:41,740 If the articles established the political system and the different 59 00:03:41,940 --> 00:03:45,100 branches of government, the amendments that we are going 60 00:03:45,300 --> 00:03:50,050 to study were supposed to protect the fundamental rights of American 61 00:03:50,250 --> 00:03:51,010 citizens. 62 00:03:51,210 --> 00:03:55,180 The objective was pretty clear, and I really want you to pay attention 63 00:03:55,380 --> 00:03:59,080 to it because this is a sentence that we are going to be repeating 64 00:03:59,280 --> 00:04:01,300 a lot during this semester. 65 00:04:01,570 --> 00:04:04,900 The Founding Fathers, the people who wrote the American 66 00:04:05,100 --> 00:04:09,670 Constitution, wanted to make sure that the United States would always 67 00:04:09,870 --> 00:04:14,170 remain a democracy and that the federal government would never 68 00:04:14,370 --> 00:04:19,210 be able to turn America into a dictatorship by confiscating the 69 00:04:19,410 --> 00:04:22,030 fundamental rights of American citizens. 70 00:04:22,230 --> 00:04:27,790 That is the main common point between all the rights that we are going 71 00:04:27,990 --> 00:04:31,390 to study: freedom of speech, freedom of religion, 72 00:04:31,590 --> 00:04:34,330 freedom of the press, the right to an attorney, 73 00:04:34,530 --> 00:04:38,380 the right to privacy, to a public trial, and to be judged 74 00:04:38,580 --> 00:04:39,340 by a jury. 75 00:04:39,760 --> 00:04:44,890 All of these were supposed to protect the democratic nature of the US 76 00:04:45,090 --> 00:04:50,320 political system and make sure that US citizens would always be free. 77 00:04:50,920 --> 00:04:55,330 The next thing I would like to focus on today is the way we are 78 00:04:55,530 --> 00:04:57,130 going to study these amendments. 79 00:04:57,330 --> 00:05:00,070 In other words, the way this semester will be 80 00:05:00,270 --> 00:05:01,030 organized. 81 00:05:01,390 --> 00:05:05,680 There are basically two different methods that you can use to study 82 00:05:05,880 --> 00:05:09,520 the amendments to the Constitution in general and the Bill of Rights 83 00:05:09,720 --> 00:05:10,480 in particular. 84 00:05:10,680 --> 00:05:14,110 The first way you can do that is the most obvious one, 85 00:05:14,310 --> 00:05:18,000 which is to go through the amendments in numerical order. 86 00:05:18,200 --> 00:05:22,090 So you start by studying the First Amendment, then the Second, 87 00:05:22,290 --> 00:05:24,010 then the Third, the Fourth, 88 00:05:24,210 --> 00:05:24,970 ETC. 89 00:05:25,180 --> 00:05:29,740 This way of studying the amendments seems to be the most logical one 90 00:05:29,940 --> 00:05:33,710 because you're basically following the order of the amendments. 91 00:05:33,910 --> 00:05:37,840 However, this is not the approach that we will adopt during this 92 00:05:38,040 --> 00:05:38,800 semester. 93 00:05:39,000 --> 00:05:44,110 The reason for that is that many of you are future lawyers and judges. 94 00:05:44,310 --> 00:05:47,230 And in any case, all of you are law students. 95 00:05:47,430 --> 00:05:50,860 And because of that, in order to make it easier for 96 00:05:51,060 --> 00:05:56,350 you to understand these amendments, we decided to organize this semester 97 00:05:56,550 --> 00:05:58,300 around the trial. 98 00:05:58,500 --> 00:06:03,730 We will basically try to answer three questions: What amendments 99 00:06:03,930 --> 00:06:07,240 protect the rights of American citizens before the trial? 100 00:06:07,440 --> 00:06:10,630 So when somebody is arrested by the police, for instance. 101 00:06:10,830 --> 00:06:14,230 What amendments protect them during the trial? 102 00:06:14,430 --> 00:06:20,020 And finally, what amendments create rules that apply during the sentencing 103 00:06:20,220 --> 00:06:21,580 phase of the trial? 104 00:06:21,850 --> 00:06:25,060 This is how our semester will be organized. 105 00:06:25,260 --> 00:06:28,150 Pre-trial, trial and post-trial. 106 00:06:28,350 --> 00:06:32,920 Now, this way of studying the amendments comes with its share 107 00:06:33,120 --> 00:06:37,840 of difficulties because some amendments will have to be studied several 108 00:06:38,040 --> 00:06:40,330 times rather than just once. 109 00:06:40,530 --> 00:06:45,190 For instance, the Fifth Amendment to the Constitution guarantees 110 00:06:45,390 --> 00:06:49,720 the protection of certain rights before the trial, during the trial 111 00:06:49,920 --> 00:06:51,360 and after the trial. 112 00:06:51,560 --> 00:06:55,030 And because of that, we will need to study it three 113 00:06:55,230 --> 00:06:56,380 different times. 114 00:06:56,620 --> 00:07:00,520 But it is still the best way to teach the Bill of Rights to law 115 00:07:00,720 --> 00:07:03,850 students such as yourselves, because it corresponds to the way 116 00:07:04,050 --> 00:07:08,800 your brain is used to processing information by using the trial 117 00:07:09,000 --> 00:07:11,260 as the center of all your reasonings. 118 00:07:11,500 --> 00:07:17,140 By the way, this method of studying the amendments also helps explain 119 00:07:17,340 --> 00:07:21,370 why we chose certain amendments for you to study. 120 00:07:21,570 --> 00:07:26,860 Remember, even though the Constitution has 27 amendments, you are only 121 00:07:27,060 --> 00:07:28,960 going to study six of them. 122 00:07:29,170 --> 00:07:34,630 So immediately the question becomes why these six amendments and not 123 00:07:34,830 --> 00:07:35,590 others? 124 00:07:35,790 --> 00:07:40,510 An easy and intuitive answer to this question would be to say that 125 00:07:40,710 --> 00:07:44,590 we want you to study these amendments because they are the most important 126 00:07:44,790 --> 00:07:48,820 ones, historically speaking, but it's actually not necessarily 127 00:07:49,020 --> 00:07:49,780 the case. 128 00:07:49,980 --> 00:07:54,640 Some of the most important amendments in the history of the United States 129 00:07:54,840 --> 00:07:57,160 will not be studied during this semester. 130 00:07:57,430 --> 00:08:02,410 For instance, the 13th Amendment adopted in 1865, which put an end 131 00:08:02,610 --> 00:08:03,370 to slavery. 132 00:08:03,570 --> 00:08:07,150 The 15th Amendment, which gave black men the right to vote, 133 00:08:07,350 --> 00:08:11,260 or the 19th Amendment, which gave women the right to vote. 134 00:08:11,500 --> 00:08:15,490 Even if we focus exclusively on the Bill of Rights, the Second 135 00:08:15,690 --> 00:08:20,350 Amendment, which protects the right of every American citizen to own guns, 136 00:08:20,550 --> 00:08:22,630 is not part of our semester. 137 00:08:22,870 --> 00:08:27,220 These are some of the most important amendments to the Constitution, 138 00:08:27,420 --> 00:08:29,500 and yet we will not study them. 139 00:08:29,890 --> 00:08:34,120 The reason for this is that the amendments we want you to study 140 00:08:34,320 --> 00:08:39,370 are the ones that lawyers will have to use the most when defending 141 00:08:39,570 --> 00:08:40,330 their clients. 142 00:08:40,530 --> 00:08:43,880 As important as the abolition of slavery was, 143 00:08:44,080 --> 00:08:48,970 it is hard to imagine a case where a lawyer will have to use the 13th 144 00:08:49,170 --> 00:08:51,730 Amendment as a defense for their client. 145 00:08:51,930 --> 00:08:56,740 However, the right to freedom of speech or freedom of religion protected 146 00:08:56,940 --> 00:08:59,470 by the First Amendment, the protection against 147 00:08:59,670 --> 00:09:02,830 self-incrimination contained in the Fifth Amendment, 148 00:09:03,030 --> 00:09:07,330 the protection against cruel and unusual punishment contained in 149 00:09:07,530 --> 00:09:08,590 the Eighth Amendment; 150 00:09:08,790 --> 00:09:13,540 all of these rights are often used in court by lawyers, 151 00:09:13,740 --> 00:09:15,550 judges and juries, 152 00:09:15,750 --> 00:09:19,600 and that is the reason why we want you to study them. 153 00:09:19,800 --> 00:09:23,320 This is what makes this semester so interesting. 154 00:09:23,520 --> 00:09:27,790 As teachers, we often tell you that the US Constitution was written 155 00:09:27,990 --> 00:09:33,610 in 1787 and that it is the oldest written constitution still in use 156 00:09:33,810 --> 00:09:34,750 in the world today. 157 00:09:34,950 --> 00:09:36,670 That is absolutely true, 158 00:09:36,870 --> 00:09:40,780 but the problem is that it often leads you to think that the US 159 00:09:40,980 --> 00:09:45,460 Constitution is a dead document that has no influence on today's 160 00:09:45,660 --> 00:09:49,390 world and on the way the judicial system works in 2021. 161 00:09:49,660 --> 00:09:51,940 Nothing could be further from the truth. 162 00:09:52,140 --> 00:09:56,890 The Constitution still plays a role in many cases throughout the 163 00:09:57,090 --> 00:10:00,040 country, and its interpretation still has 164 00:10:00,240 --> 00:10:04,780 significant consequences on the everyday lives of American citizens. 165 00:10:05,170 --> 00:10:09,610 For instance, the only reason gay couples can get married across 166 00:10:09,810 --> 00:10:14,620 the United States is because the Supreme Court interpreted the 14th 167 00:10:14,820 --> 00:10:18,910 Amendment, which we will study together, as protecting gay couples 168 00:10:19,110 --> 00:10:21,140 against discrimination by the government. 169 00:10:21,340 --> 00:10:26,500 The only reason women have the right to an abortion in all 50 states, 170 00:10:26,700 --> 00:10:30,280 even though as of the filming of this video, Texas almost became 171 00:10:30,480 --> 00:10:34,750 an exception to this rule is because the Supreme Court interpreted the 172 00:10:34,950 --> 00:10:39,280 Fourth Amendment, which we will also study together, as protecting 173 00:10:39,480 --> 00:10:42,250 the private lives of American citizens. 174 00:10:42,520 --> 00:10:46,900 We will often talk about the past, but you should never forget that 175 00:10:47,100 --> 00:10:52,360 everything we will study still applies today and that in 2021, 176 00:10:52,560 --> 00:10:56,890 the US Constitution is still the supreme law of the land. 177 00:10:57,090 --> 00:11:00,820 Now, obviously there will be a lot of differences between the 178 00:11:01,020 --> 00:11:04,960 various amendments that we will study and no one class will sound 179 00:11:05,160 --> 00:11:06,160 like the previous one. 180 00:11:06,400 --> 00:11:10,480 But throughout this semester I would really like you to remember 181 00:11:10,680 --> 00:11:14,650 this fundamental common point between all the amendments we are going 182 00:11:14,850 --> 00:11:18,730 to study, and that could really be described as a one sentence 183 00:11:18,930 --> 00:11:21,220 summary of the entire semester. 184 00:11:21,420 --> 00:11:25,390 The objective of the Founding Fathers when they wrote these amendments 185 00:11:25,590 --> 00:11:28,630 and more generally when they wrote the American Constitution, 186 00:11:28,830 --> 00:11:34,000 was to make sure that the democratic rights of the citizens would always 187 00:11:34,200 --> 00:11:38,350 be protected and that the government could never take them away from 188 00:11:38,550 --> 00:11:42,250 the people and turn the US into a dictatorship. 189 00:11:42,450 --> 00:11:47,530 The preservation of democracy is the common goal of all the amendments 190 00:11:47,730 --> 00:11:48,790 we are going to study. 191 00:11:49,060 --> 00:11:49,850 Thank you. 192 00:11:50,050 --> 00:11:50,810 Goodbye.