VOA慢速英语-THIS IS AMERICA - US Supreme Court: When Society Nee

A look at three recent decisions on gun rights, prisoners at Guantanamo and a case that was notable not just for its subject. Transcript¹ of radio broadcast:
27 July 2008

VOICE ONE:

Welcome to THIS IS AMERICA in VOA Special English. I'm Steve Ember.

VOICE TWO:

And I'm Faith Lapidus. This week on our program, we turn our attention to the nine most important judges in the country.
　

United States Supreme2 Court building in Washington, D.C.

COURT CRIER: "The honorable, the chief justice and the associate justices of the Supreme Court of the United States. Oyez! Oyez! Oyez! All persons having business before the honorable, the Supreme Court of the United States, are admonished³ to draw near and give their attention, for the court is now sitting. God save the United States and this honorable court."

VOICE ONE:

The words of the court crier are a modern-day reminder⁴ of the long history of the nation's highest court. Justices are appointed for life by the president and confirmed by the Senate.

Each term the Supreme Court receives thousands of petitions to hear cases. The court released seventy-two opinions this term.

Three cases, all decided⁶ by votes of five to four, got the majority of the attention.

VOICE TWO:

One case involved the District of Columbia -- as in Washington, D.C., the nation's capital. At issue was whether or not a city ban on handguns violated the Second Amendment⁸ to the Constitution.

JOHN ROBERTS: "We will hear argument today in case seven two-ninety, District of Columbia versus⁹ Heller."

VOICE TWO:

Dick Heller, a security guard who wanted to keep a gun at home for self-defense.

Chief Justice John Roberts introduced the case. Then he called on Walter Dellinger, a lawyer for the District of Columbia.
　

Artist's drawing of Walter Dellinger arguing for the District of Columbia in the gun ban case before the Supreme Court

WALTER DELLINGER: "Good morning, Mister Chief Justice, and may it please the court. The Second Amendment was a direct response to concern over Article One Section Eight of the Constitution, which gave the new national Congress the surprising, perhaps even the shocking, power to organize, arm and presumably disarm¹⁰ the state militias¹². What is at issue this morning is the scope and nature of the individual right protected by the resulting amendment, and the first text to consider is the phrase protecting a right to keep and bear arms ... "

VOICE ONE:

The Supreme Court heard the case in March. It announced its decision in June, in the last major ruling of the term. The court declared the handgun ban unconstitutional.

VOICE TWO:

The Second Amendment was approved in seventeen ninety-one. It says: "A well regulated Militia¹¹, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed¹³."

VOICE ONE:

Legal experts and non-experts alike have long debated what these words mean. Does the amendment protect the rights of a group -- a well-regulated militia? -- or the rights of an individual?

And how does a court balance a collective desire to stop gun violence with an individual's desire for protection?

VOICE TWO:

Justice John Paul Stevens wrote the main dissent¹⁴, saying: "When each word in the text is given full effect, the Amendment is most naturally read to secure to the people a right to use and possess arms in conjunction with service in a well-regulated militia."

VOICE ONE:

The five justices in the majority, however, ruled that the amendment does protect an individual right to own a gun. But they suggested that does not mean anyone can own a gun, or any kind they want, or carry it in places like schools or government buildings.

Writing for the court, Justice Antonin Scalia said, "Like most rights, the right secured by the Second Amendment is not unlimited¹⁵."

The ruling may have settled one question. But critics said it raised others by not explaining enough what the limits may be.

(MUSIC)

VOICE TWO:
　

Camp Delta16 at the U.S. Naval17 Station at Guantanamo Bay, Cuba, has held foreign prisoners since 2002. Image reviewed by the U.S. military.

Another ruling involved the rights of foreign terrorism suspects held at the American naval base at Guantanamo Bay, Cuba.

The court ruled that the prisoners held as enemy combatants have the constitutional right of habeas corpus. That means they have a right to appeal their detention¹⁸ in civilian¹⁹ courts. More than two hundred detainees remain at Guantanamo.

"The laws and Constitution are designed to survive, and remain in force, in extraordinary times," said the ruling in June.

The dissenters²⁰, including Chief Justice John Roberts, said the decision will only make it more difficult to fight terrorism.

VOICE ONE:

Last Monday, at Guantanamo, the United States opened its first military war crimes tribunal since World War Two.

That same day, Attorney General Michael Mukasey urged Congress to write new rules limiting the power of civilian courts in hearings of detainees. He said Congress needs to settle what he called the "difficult questions left open by the Supreme Court."

(MUSIC)

VOICE TWO:

In another ruling in June, the Supreme Court barred death sentences for child rape²¹. The court, in a case from Louisiana, found execution unconstitutional for crimes that do not involve a death.

Justice Anthony Kennedy gave the opinion for the court, as he also did in the Guantanamo case. He said thirty-six states and the federal government permit execution, but only six states approve it for child rape. He said there was evidence of "a national consensus²²" against capital punishment for that crime.

But a military law blog pointed⁵ out something that the parties in the case, and the court, missed. The federal government does permit the death penalty for child rape. Congress, in a two thousand six law, made that offense²³ a crime punishable by death for members of the military.

VOICE ONE:

The Supreme Court can rehear a case, but that is unusual. It can happen only if one of the parties in the case asks for it. Last week, lawyers for the state of Louisiana asked for a rehearing.

The nine justices will consider the petition in September. If they decide to rehear the case, it will go on the court schedule for the new term that begins in October.

By law, the court begins its term on the first Monday. The term lasts a year but the court usually begins its summer recess²⁴ by the end of June.

(MUSIC)

VOICE TWO:

One of the most important powers of the Supreme Court is judicial²⁵ review. This is the power to judge if a state or federal action is legal under the Constitution. This power did not come from the Constitution. Rather, it developed from cases heard by the court in its early years.

The first Supreme Court met in seventeen ninety. The Supreme Court is the only court that was created by the Constitution. Article Three of the Constitution gave Congress the power to create lower courts.

VOICE ONE:
　

U.S. Constitution

The federal government has only those powers given to it by the Constitution. All others are held by the states. This is why the United States does not have, for example, a national education system. Education is not discussed in the Constitution. So each state was free to develop its own system.

All decisions by the Supreme Court are final. There is no appeal. The court can change its mind on issues over time. But the only way to strike down a decision by the court is to amend⁷ the Constitution.

VOICE TWO:

The Supreme Court is asked to decide many of society's most difficult questions.

One ruling has been debated for the past thirty-five years. The court ruled that the Constitution protects a woman's right to have an abortion²⁶, at least during the first three months of pregnancy²⁷.

Social conservatives want the court to overturn its ruling in the case known as Roe²⁸ v. Wade²⁹. The court has narrowly upheld its decision.

VOICE ONE:

People may expect a Democratic president to appoint justices who are more liberal and a Republican to choose more conservative ones. Republican candidate John McCain says Roe v. Wade "should be overturned." Democrat³⁰ Barack Obama calls himself "a strong believer in a women's right to choose with her doctor, her pastor³¹ and her family."

But things do not always work out the way people, or presidents, may expect. John Paul Stevens, considered the most liberal justice on the court, was appointed by Gerald Ford³², a Republican. Justice Stevens joined the court in nineteen seventy-five. He is eighty-eight years old.

VOICE TWO:

What do Americans think of the Supreme Court? Public opinion researchers at Quinnipiac University in Connecticut have been asking people for five years now. They released their latest poll this month.

For the first time they found that more voters disapprove³³ than approve of the job the court is doing on social issues. The difference was narrow: forty-three percent to thirty-nine percent.

Twenty-five percent of voters said the Supreme Court is too liberal. Thirty-one percent said the court is too conservative. But thirty-three percent said the court is "about right."

(MUSIC)

VOICE ONE:

Our program was written by Nancy Steinbach and produced by Mario Ritter and Caty Weaver³⁴. I'm Steve Ember.

VOICE TWO:

And I'm Faith Lapidus. Audio of the Supreme Court came from the Oyez Project, at o-y-e-z dot o-r-g. For a link, along with transcripts³⁵ and MP3s of our programs, go to voaspecialenglish.com. We hope you join us again next week for THIS IS AMERICA in VOA Special English.

1 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

2 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

3 admonished   

v.劝告( admonish的过去式和过去分词 )；训诫；（温和地）责备；轻责

参考例句：

• She was admonished for chewing gum in class. 她在课堂上嚼口香糖，受到了告诫。
• The teacher admonished the child for coming late to school. 那个孩子迟到，老师批评了他。 来自《简明英汉词典》

4 reminder   

n.提醒物，纪念品；暗示，提示

参考例句：

• I have had another reminder from the library.我又收到图书馆的催还单。
• It always took a final reminder to get her to pay her share of the rent.总是得发给她一份最后催缴通知，她才付应该交的房租。

5 pointed   

adj.尖的，直截了当的

参考例句：

• He gave me a very sharp pointed pencil.他给我一支削得非常尖的铅笔。
• She wished to show Mrs.John Dashwood by this pointed invitation to her brother.她想通过对达茨伍德夫人提出直截了当的邀请向她的哥哥表示出来。

6 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

7 amend   

vt.修改，修订，改进；n.[pl.]赔罪，赔偿

参考例句：

• The teacher advised him to amend his way of living.老师劝他改变生活方式。
• You must amend your pronunciation.你必须改正你的发音。

8 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

9 versus   

prep.以…为对手，对；与…相比之下

参考例句：

• The big match tonight is England versus Spain.今晚的大赛是英格兰对西班牙。
• The most exciting game was Harvard versus Yale.最富紧张刺激的球赛是哈佛队对耶鲁队。

10 disarm   

v.解除武装，回复平常的编制，缓和

参考例句：

• The world has waited 12 years for Iraq to disarm. 全世界等待伊拉克解除武装已有12年之久。
• He has rejected every peaceful opportunity offered to him to disarm.他已经拒绝了所有能和平缴械的机会。

11 militia   

n.民兵，民兵组织

参考例句：

• First came the PLA men,then the people's militia.人民解放军走在前面，其次是民兵。
• There's a building guarded by the local militia at the corner of the street.街道拐角处有一幢由当地民兵团守卫的大楼。

12 militias   

n.民兵组织，民兵( militia的名词复数 )

参考例句：

• The troops will not attempt to disarm the warring militias. 部队并不打算解除战斗中的民兵武装。 来自辞典例句
• The neighborhood was a battleground for Shiite and Sunni militias. 那里曾是什叶派和逊尼派武装分子的战场。 来自互联网

13 infringed   

v.违反（规章等）( infringe的过去式和过去分词 )；侵犯（某人的权利）；侵害（某人的自由、权益等）

参考例句：

• Wherever the troops went, they never infringed on the people's interests. 大军过处，秋毫无犯。 来自《现代汉英综合大词典》
• He was arrested on a charge of having infringed the Election Law. 他因被指控触犯选举法而被拘捕。 来自《现代汉英综合大词典》

14 dissent   

n./v.不同意，持异议

参考例句：

• It is too late now to make any dissent.现在提出异议太晚了。
• He felt her shoulders gave a wriggle of dissent.他感到她的肩膀因为不同意而动了一下。

15 unlimited   

adj.无限的，不受控制的，无条件的

参考例句：

• They flew over the unlimited reaches of the Arctic.他们飞过了茫茫无边的北极上空。
• There is no safety in unlimited technological hubris.在技术方面自以为是会很危险。

16 delta   

n.（流的）角洲

参考例句：

• He has been to the delta of the Nile.他曾去过尼罗河三角洲。
• The Nile divides at its mouth and forms a delta.尼罗河在河口分岔，形成了一个三角洲。

17 naval   

adj.海军的，军舰的，船的

参考例句：

• He took part in a great naval battle.他参加了一次大海战。
• The harbour is an important naval base.该港是一个重要的海军基地。

18 detention   

n.滞留，停留；拘留，扣留；(教育)留下

参考例句：

• He was kept in detention by the police.他被警察扣留了。
• He was in detention in connection with the bribery affair.他因与贿赂事件有牵连而被拘留了。

19 civilian   

adj.平民的，民用的，民众的

参考例句：

• There is no reliable information about civilian casualties.关于平民的伤亡还没有确凿的信息。
• He resigned his commission to take up a civilian job.他辞去军职而从事平民工作。

20 dissenters   

n.持异议者，持不同意见者( dissenter的名词复数 )

参考例句：

• He attacked the indulgence shown to religious dissenters. 他抨击对宗教上持不同政见者表现出的宽容。 来自《简明英汉词典》
• (The dissenters would have allowed even more leeway to the Secretary.) （持异议者还会给行政长官留有更多的余地。） 来自英汉非文学 - 行政法

21 rape   

n.抢夺，掠夺，强奸；vt.掠夺，抢夺，强奸

参考例句：

• The rape of the countryside had a profound ravage on them.对乡村的掠夺给他们造成严重创伤。
• He was brought to court and charged with rape.他被带到法庭并被指控犯有强奸罪。

22 consensus   

n.(意见等的)一致，一致同意，共识

参考例句：

• Can we reach a consensus on this issue?我们能在这个问题上取得一致意见吗？
• What is the consensus of opinion at the afternoon meeting?下午会议上一致的意见是什么？

23 offense   

n.犯规，违法行为；冒犯，得罪

参考例句：

• I hope you will not take any offense at my words. 对我讲的话请别见怪。
• His words gave great offense to everybody present.他的发言冲犯了在场的所有人。

24 recess   

n.短期休息，壁凹（墙上装架子，柜子等凹处）

参考例句：

• The chairman of the meeting announced a ten-minute recess.会议主席宣布休会10分钟。
• Parliament was hastily recalled from recess.休会的议员被匆匆召回开会。

25 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

26 abortion   

n.流产，堕胎

参考例句：

• She had an abortion at the women's health clinic.她在妇女保健医院做了流产手术。
• A number of considerations have led her to have a wilful abortion.多种考虑使她执意堕胎。

27 pregnancy   

n.怀孕，怀孕期

参考例句：

• Early pregnancy is often accompanied by nausea.怀孕早期常有恶心的现象。
• Smoking during pregnancy increases the risk of miscarriage.怀孕期吸烟会增加流产的危险。

28 roe   

n.鱼卵；獐鹿

参考例句：

• We will serve smoked cod's roe at the dinner.宴会上我们将上一道熏鳕鱼子。
• I'll scramble some eggs with roe?我用鱼籽炒几个鸡蛋好吗？

29 wade   

v.跋涉，涉水；n.跋涉

参考例句：

• We had to wade through the river to the opposite bank.我们只好涉水过河到对岸。
• We cannot but wade across the river.我们只好趟水过去。

30 democrat   

n.民主主义者，民主人士；民主党党员

参考例句：

• The Democrat and the Public criticized each other.民主党人和共和党人互相攻击。
• About two years later,he was defeated by Democrat Jimmy Carter.大约两年后，他被民主党人杰米卡特击败。

31 pastor   

n.牧师，牧人

参考例句：

• He was the son of a poor pastor.他是一个穷牧师的儿子。
• We have no pastor at present:the church is run by five deacons.我们目前没有牧师：教会的事是由五位执事管理的。

32 Ford   

n.浅滩，水浅可涉处；v.涉水，涉过

参考例句：

• They were guarding the bridge,so we forded the river.他们驻守在那座桥上，所以我们只能涉水过河。
• If you decide to ford a stream,be extremely careful.如果已决定要涉过小溪，必须极度小心。

33 disapprove   

v.不赞成，不同意，不批准

参考例句：

• I quite disapprove of his behaviour.我很不赞同他的行为。
• She wants to train for the theatre but her parents disapprove.她想训练自己做戏剧演员，但她的父母不赞成。

34 weaver   

n.织布工；编织者

参考例句：

• She was a fast weaver and the cloth was very good.她织布织得很快，而且布的质量很好。
• The eager weaver did not notice my confusion.热心的纺织工人没有注意到我的狼狈相。

35 transcripts   

n.抄本（ transcript的名词复数 ）；转写本；文字本；副本

参考例句：

• Like mRNA, both tRNA and rRNA are transcripts of chromosomal DNA. tRNA及rRNA同mRNA一样，都是染色体DNA的转录产物。 来自辞典例句
• You can't take the transfer students'exam without your transcripts. 没有成绩证明书，你就不能参加转学考试。 来自辞典例句