We The People
Preamble to the Constitution
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The Preamble to the Constitution of the United States is an introduction articles contained in the Constitution. The introduction pretty much says that the Constitution was created in order to ensure the welfare, security, and liberty of the citizens of the United States.
This video is says that the government is being dishonest and robbing US citizens from their rights to freedom of speech and misleading US citizens into believing lies. The narrator of the video states that the people remained silent after the realization that the weapons of mass destruction were non-existent, and with the uncovering of the detainees at Guantanamo Bay. He explains the when people speak out against the government they are viewed as un-patriotic or terrorists. I thought this video was nice representation of they type of job people believe our government is doing by ensuring the safety, welfare, liberty, and prosperity.
Tuesday, December 15, 2009
Amendment XXVII
Amendment XXVII
“No law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened.”
The Twenty-Seventh Amendment prevents members of congress from raising their salaries during terms they served.
This is a necessary amendment in that it prevents Congress members from raising their salaries, but I’m sure members of Congress find loopholes that allow them to raise their salaries…I mean we all know that politicians aren’t the most honest and reliable people in the world!
While this video is a sub-par attempt to depict the 27th Amendment, it covers the basic intentions of the amendment. It displays three Congressmen attempting to come up with a scheme to raise their salaries, when one protests, warning that raising their salaries outside of an election was illegal according to the Constitution and they decide to wait until election. I included this video because it defined the amendment accurately.
This is a video of a negative ad against Republican Don Young, saying that he is a corrupt Congressman; it says that he has misused funds and accepted bribes and has been under investigation several times. Although this video does not directly related to Young attempting to raise his salary, it does talk about he may have possibly misused his power, which is the main problem with a Congressman raising his own salary. I included this video in order to display how politicians can find ways around gaining more money to put in their pockets with out violating the 27th Amendment. That is probably why Young was accused of some many other crimes (if the allegations are true). He still managed to run for office.
“No law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened.”
The Twenty-Seventh Amendment prevents members of congress from raising their salaries during terms they served.
This is a necessary amendment in that it prevents Congress members from raising their salaries, but I’m sure members of Congress find loopholes that allow them to raise their salaries…I mean we all know that politicians aren’t the most honest and reliable people in the world!
While this video is a sub-par attempt to depict the 27th Amendment, it covers the basic intentions of the amendment. It displays three Congressmen attempting to come up with a scheme to raise their salaries, when one protests, warning that raising their salaries outside of an election was illegal according to the Constitution and they decide to wait until election. I included this video because it defined the amendment accurately.
This is a video of a negative ad against Republican Don Young, saying that he is a corrupt Congressman; it says that he has misused funds and accepted bribes and has been under investigation several times. Although this video does not directly related to Young attempting to raise his salary, it does talk about he may have possibly misused his power, which is the main problem with a Congressman raising his own salary. I included this video in order to display how politicians can find ways around gaining more money to put in their pockets with out violating the 27th Amendment. That is probably why Young was accused of some many other crimes (if the allegations are true). He still managed to run for office.
Amendment XXVI
Amendment XXVI
“The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.”
Section 1 says the legal voting age is 18.
Section 2 says that Congress has to make laws to enforce this amendment
The lowering of the legal voting age was pushed greatly when the draft occurred and young men were beginning to be drafted into the army at the age of 18. The thought was that if these young men were old enough to fight for their country in a war, then they should be able to legal vote in their country. I think that’s a logical declaration, I mean, they have to answer to the President because that is their commander-in-chief, so why shouldn’t they have a right to decide? Not to mention making life changing decisions while in war. I’m glad the legal voting age is 18, because that’s the age when we graduate form high school, and when we are technically considered adults, so why not ensure that our voice is heard in the country we are now heading out into. Many have tried to say that since the voting age is 18, then an 18-year-old should also be allowed to drink. Personally, voting does not pose the life-or-death risk that drinking does if handled immaturely, and so therefore I think that an 18-year-old is not mature enough to handle responsible drinking, 21-year-olds barely can.
This video is a PSA done by some of the actors from TV show, One Tree Hill about the “Rock the Vote” campaign encouraging people to vote. This video is aimed at young adults, which is why the video includes pop culture role models and figures that young adults with admire and recognize. I included this video because I feel it’s important that the right to vote be extended to young adults at age 18 because they are old enough to serve in a war and old enough to have a voice in politics. Special attention is paid to targeting teens in advertisements for voting. This PSA displays the attention paid to making sure that teens go out an exercise their right to vote.
This video explains how to register to vote, and that you have to give your original signature in order to vote. I included this video because this is the first step any person must complete before they are able to vote in an election. This is especially true for teens and I believe that if we continue to insist on young adults getting registered and then voting, there will be more young adult representation. There was a lot of encouragement of young adults voting during the 2008 election, and there was a remarkable turnout among young adults and I believe that same momentum is achieved in future elections, voting among teens will become the norm.
“The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.”
Section 1 says the legal voting age is 18.
Section 2 says that Congress has to make laws to enforce this amendment
The lowering of the legal voting age was pushed greatly when the draft occurred and young men were beginning to be drafted into the army at the age of 18. The thought was that if these young men were old enough to fight for their country in a war, then they should be able to legal vote in their country. I think that’s a logical declaration, I mean, they have to answer to the President because that is their commander-in-chief, so why shouldn’t they have a right to decide? Not to mention making life changing decisions while in war. I’m glad the legal voting age is 18, because that’s the age when we graduate form high school, and when we are technically considered adults, so why not ensure that our voice is heard in the country we are now heading out into. Many have tried to say that since the voting age is 18, then an 18-year-old should also be allowed to drink. Personally, voting does not pose the life-or-death risk that drinking does if handled immaturely, and so therefore I think that an 18-year-old is not mature enough to handle responsible drinking, 21-year-olds barely can.
This video is a PSA done by some of the actors from TV show, One Tree Hill about the “Rock the Vote” campaign encouraging people to vote. This video is aimed at young adults, which is why the video includes pop culture role models and figures that young adults with admire and recognize. I included this video because I feel it’s important that the right to vote be extended to young adults at age 18 because they are old enough to serve in a war and old enough to have a voice in politics. Special attention is paid to targeting teens in advertisements for voting. This PSA displays the attention paid to making sure that teens go out an exercise their right to vote.
This video explains how to register to vote, and that you have to give your original signature in order to vote. I included this video because this is the first step any person must complete before they are able to vote in an election. This is especially true for teens and I believe that if we continue to insist on young adults getting registered and then voting, there will be more young adult representation. There was a lot of encouragement of young adults voting during the 2008 election, and there was a remarkable turnout among young adults and I believe that same momentum is achieved in future elections, voting among teens will become the norm.
XXV
Amendment XXV
“In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.”
Section 1 says that if the President is for any reason removed from office, then the
Vice President becomes President.
Section 2 says that if there is no VP for some reason, then the President may nominate someone to be voted on and confirmed by the Senate and HofR.
Section 3 says that if the President expresses that he/she cannot perform their duties, then the VP becomes Acting President.
Section 4 says that the Vice President, along with members of cabinet and Congress can come together and decide that the president is unable to perform his duties and in that case the VP becomes acting President unless the President expresses otherwise, in which case there would have to be a majority vote to determine whether the President should resume his/her powers.
This amendment gave more clarification as to how succession should happen when a President is removed from office, a VP is removed from office, or a President is unable, for some reason to fulfill the duties of the job. The Twenty-fifth Amendment accurately describes what should happen in the event of tragedy within the Presidency, although I do wonder what would happen if something were to happen to the President and the Vice President?
This is a video that depicts, in a short, skit-form, what would happen in the event of the President’s death. It was a project put together by some kids and I thought this was a simple definition of the 25th Amendment. The video shows a re-enactment of the assassination of a president during a parade and shortly after, the Vice President is sworn into presidency.
This video shows what would happen if the President was deemed unable to perform his/her duties by Congress. In this video the President is eaten by a zombie and becomes unable to perform Presidential duties and Congress decides to remove the President from office. I included this video because I liked the video game effect used to demonstrate the amendment in action. I have yet to see a video that uses a video game effect. I thought the video did a pretty good job of portraying a scenario in which the President was unable to do his/her job.
“In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.”
Section 1 says that if the President is for any reason removed from office, then the
Vice President becomes President.
Section 2 says that if there is no VP for some reason, then the President may nominate someone to be voted on and confirmed by the Senate and HofR.
Section 3 says that if the President expresses that he/she cannot perform their duties, then the VP becomes Acting President.
Section 4 says that the Vice President, along with members of cabinet and Congress can come together and decide that the president is unable to perform his duties and in that case the VP becomes acting President unless the President expresses otherwise, in which case there would have to be a majority vote to determine whether the President should resume his/her powers.
This amendment gave more clarification as to how succession should happen when a President is removed from office, a VP is removed from office, or a President is unable, for some reason to fulfill the duties of the job. The Twenty-fifth Amendment accurately describes what should happen in the event of tragedy within the Presidency, although I do wonder what would happen if something were to happen to the President and the Vice President?
This is a video that depicts, in a short, skit-form, what would happen in the event of the President’s death. It was a project put together by some kids and I thought this was a simple definition of the 25th Amendment. The video shows a re-enactment of the assassination of a president during a parade and shortly after, the Vice President is sworn into presidency.
This video shows what would happen if the President was deemed unable to perform his/her duties by Congress. In this video the President is eaten by a zombie and becomes unable to perform Presidential duties and Congress decides to remove the President from office. I included this video because I liked the video game effect used to demonstrate the amendment in action. I have yet to see a video that uses a video game effect. I thought the video did a pretty good job of portraying a scenario in which the President was unable to do his/her job.
Monday, December 14, 2009
Amendment XXIV
Amendment XXIV
“The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.”
Section 1 gets rid of poll taxes.
Section 2 says that Congress has to make laws enforcing the amendment.
To say that I think this amendment was LONG overdue is an understatement. This amendment should have been drafted and ratified as soon as these ridiculous laws were enacted by the states. Poll taxes were discriminatory laws placed on voting at the polls in order to prevent Blacks from voting. When Blacks overcame the intimidation of the KKK and actually tried to vote, many white Southern states enacted poll taxes that seemed to only affect Black voter eligibility and boasted apparent discrimination against Blacks. Blacks had to pay different taxes and take literacy tests at the voting polls in order to vote, which prevented if not many, most from being able to vote if they lived to go down to the voting polls. This was just another form of institutionalized segregation and discrimination that wasn’t corrected until over 50 years after Blacks had gained the right to vote and it’s really a shame.
This video displays some of the struggles that Blacks faced during the summer of ’64 trying to gain the freedom to vote without the threat of harm. The bombings that these people experienced occurred after the ratification of the 24th Amendment, but I included to show the real disparities Blacks faced and how that continued even after poll taxes were removed. Poll taxes were created to prevent Blacks from voting, and once the poll taxes were abolished, more bombings and murders took place to prevent Blacks from voting.
I chose this video because it was a funny little skit (although “abolition” was spelled incorrectly) that depicted what poll taxes were like in the 1900s. I thought it was a simple educational video on poll takes, but I found difficult to find any videos on poll taxes on YouTube. I found more videos on Black Codes and Jim Crow laws…
“The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.”
Section 1 gets rid of poll taxes.
Section 2 says that Congress has to make laws enforcing the amendment.
To say that I think this amendment was LONG overdue is an understatement. This amendment should have been drafted and ratified as soon as these ridiculous laws were enacted by the states. Poll taxes were discriminatory laws placed on voting at the polls in order to prevent Blacks from voting. When Blacks overcame the intimidation of the KKK and actually tried to vote, many white Southern states enacted poll taxes that seemed to only affect Black voter eligibility and boasted apparent discrimination against Blacks. Blacks had to pay different taxes and take literacy tests at the voting polls in order to vote, which prevented if not many, most from being able to vote if they lived to go down to the voting polls. This was just another form of institutionalized segregation and discrimination that wasn’t corrected until over 50 years after Blacks had gained the right to vote and it’s really a shame.
This video displays some of the struggles that Blacks faced during the summer of ’64 trying to gain the freedom to vote without the threat of harm. The bombings that these people experienced occurred after the ratification of the 24th Amendment, but I included to show the real disparities Blacks faced and how that continued even after poll taxes were removed. Poll taxes were created to prevent Blacks from voting, and once the poll taxes were abolished, more bombings and murders took place to prevent Blacks from voting.
I chose this video because it was a funny little skit (although “abolition” was spelled incorrectly) that depicted what poll taxes were like in the 1900s. I thought it was a simple educational video on poll takes, but I found difficult to find any videos on poll taxes on YouTube. I found more videos on Black Codes and Jim Crow laws…
Amendment XXIII
Amendment XXIII
“The District constituting the seat of government of the United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a state, but in no event more than the least populous state; they shall be in addition to those appointed by the states, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a state; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.”
Section 1 says that Washington, D.C. gets representation in an election just like any other state would.
Section 2 says that Congress has to make laws that enforce this amendment.
This amendment clears up any confusion about how D.C. is represented in an election. It seems as if for the purposes of an election D.C. is treated as a state although it is not one. I think this was an easy way of figuring out what to do with D.C. during election time and still profit from them when it came down to taxation. I could never understand why D.C. could be its own state when it was treated like its own state. They had to pay taxes like they were a state and are represented like a state in elections, so why not? Then it was explained to me that D.C. doesn’t have a Senator because that’s where the President is based, so how can it be a state without a Senator? That makes sense, but I don’t understand why the President can’t trump that and still make D.C. a state and have a Senator who also lives in D.C. and answers to the Pres. After all, the President still has control over the country. I am in favor of D.C. becoming a state, because the President exists outside of D.C. and only lives there, so therefore shouldn’t have to be the Senator.
I chose this video because it displays the citizens who do not agree with the 23rd Amendment and feel that it should be repealed because citizens of DC are required to pay taxes as if they are a state and wants the full rights and benefits of a state. This video shows a protest in Washington for the repeal of the 23rd amendment.
This video is about a little girl who got a chance to meet President Obama at her school and asked the President if DC could have voting rights for representation in Congress. I thought that was interesting because I, myself wonder why DC can’t representation since they have taxation. The little girl said that she would picket if she could and I think that shows that she is educated and knows that she has rights within the Constitution to protest. At that age I wasn’t thinking about DC having voting rights. I think it is an issue within DC amongst the residents because they feel that 23rd Amendment prevents them from having the rights that the rest of the US citizens have.
“The District constituting the seat of government of the United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a state, but in no event more than the least populous state; they shall be in addition to those appointed by the states, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a state; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.”
Section 1 says that Washington, D.C. gets representation in an election just like any other state would.
Section 2 says that Congress has to make laws that enforce this amendment.
This amendment clears up any confusion about how D.C. is represented in an election. It seems as if for the purposes of an election D.C. is treated as a state although it is not one. I think this was an easy way of figuring out what to do with D.C. during election time and still profit from them when it came down to taxation. I could never understand why D.C. could be its own state when it was treated like its own state. They had to pay taxes like they were a state and are represented like a state in elections, so why not? Then it was explained to me that D.C. doesn’t have a Senator because that’s where the President is based, so how can it be a state without a Senator? That makes sense, but I don’t understand why the President can’t trump that and still make D.C. a state and have a Senator who also lives in D.C. and answers to the Pres. After all, the President still has control over the country. I am in favor of D.C. becoming a state, because the President exists outside of D.C. and only lives there, so therefore shouldn’t have to be the Senator.
I chose this video because it displays the citizens who do not agree with the 23rd Amendment and feel that it should be repealed because citizens of DC are required to pay taxes as if they are a state and wants the full rights and benefits of a state. This video shows a protest in Washington for the repeal of the 23rd amendment.
This video is about a little girl who got a chance to meet President Obama at her school and asked the President if DC could have voting rights for representation in Congress. I thought that was interesting because I, myself wonder why DC can’t representation since they have taxation. The little girl said that she would picket if she could and I think that shows that she is educated and knows that she has rights within the Constitution to protest. At that age I wasn’t thinking about DC having voting rights. I think it is an issue within DC amongst the residents because they feel that 23rd Amendment prevents them from having the rights that the rest of the US citizens have.
XXII
Amendment XXII
“No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.”
Section 1 says that no President shall serve more than two terms in office, unless they are currently in their Presidential term at the time Congress drafted the amendment.
Section 2 says that it has to be ratified within 7 years of submission.
This amendment prevents the same President from having too much power over the country as a result of repeatedly being re-elected into office. FDR was the first President to serve more than four years in his term and Congress wanted to make sure that there were no more Presidents who served longer than eight-year terms so with the avid support of the Republican Party, the amendment was passed. It is important to note that the constant struggle is to limit power within government so that is doesn’t become too centralized in one area. The President has the most power in the country, and so it was important to ensure that there were some limitations to what the President can do and a major one has become that he/she only gets to serve for a max 8 years.
I included this video because it shows Franklin Roosevelt, who was the only President to be elected to 4 terms and serve three dying during the fourth term. This amendment was inspired in part, if not, wholly by FDR’s long presidency. Americans do not like to have any one person in power too long because that centralizes power to that one person. In order to avoid that, the length of the Presidential tem was shortened.
I chose this video because it claims that the President wants to repeal the 22nd Amendment because he made a statement about dealing with leaders of countries for the next 8-10 years. I wanted to display some of the random mess that people come up with to say about the President. He never made a statement about wanting to repeal the amendment. If anything, he could have been referring to plans that he had after his presidency to work in government.
“No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.”
Section 1 says that no President shall serve more than two terms in office, unless they are currently in their Presidential term at the time Congress drafted the amendment.
Section 2 says that it has to be ratified within 7 years of submission.
This amendment prevents the same President from having too much power over the country as a result of repeatedly being re-elected into office. FDR was the first President to serve more than four years in his term and Congress wanted to make sure that there were no more Presidents who served longer than eight-year terms so with the avid support of the Republican Party, the amendment was passed. It is important to note that the constant struggle is to limit power within government so that is doesn’t become too centralized in one area. The President has the most power in the country, and so it was important to ensure that there were some limitations to what the President can do and a major one has become that he/she only gets to serve for a max 8 years.
I included this video because it shows Franklin Roosevelt, who was the only President to be elected to 4 terms and serve three dying during the fourth term. This amendment was inspired in part, if not, wholly by FDR’s long presidency. Americans do not like to have any one person in power too long because that centralizes power to that one person. In order to avoid that, the length of the Presidential tem was shortened.
I chose this video because it claims that the President wants to repeal the 22nd Amendment because he made a statement about dealing with leaders of countries for the next 8-10 years. I wanted to display some of the random mess that people come up with to say about the President. He never made a statement about wanting to repeal the amendment. If anything, he could have been referring to plans that he had after his presidency to work in government.
Amendment XXII
Amendment XXII
“No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.”
Section 1 says that no President shall serve more than two terms in office, unless they are currently in their Presidential term at the time Congress drafted the amendment.
Section 2 says that it has to be ratified within 7 years of submission.
This amendment prevents the same President from having too much power over the country as a result of repeatedly being re-elected into office. FDR was the first President to serve more than four years in his term and Congress wanted to make sure that there were no more Presidents who served longer than eight-year terms so with the avid support of the Republican Party, the amendment was passed. It is important to note that the constant struggle is to limit power within government so that is doesn’t become too centralized in one area. The President has the most power in the country, and so it was important to ensure that there were some limitations to what the President can do and a major one has become that he/she only gets to serve for a max 8 years.
I included this video because it shows Franklin Roosevelt, who was the only President to be elected to 4 terms and serve three dying during the fourth term. This amendment was inspired in part, if not, wholly by FDR’s long presidency. Americans do not like to have any one person in power too long because that centralizes power to that one person. In order to avoid that, the length of the Presidential tem was shortened.
“No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.”
Section 1 says that no President shall serve more than two terms in office, unless they are currently in their Presidential term at the time Congress drafted the amendment.
Section 2 says that it has to be ratified within 7 years of submission.
This amendment prevents the same President from having too much power over the country as a result of repeatedly being re-elected into office. FDR was the first President to serve more than four years in his term and Congress wanted to make sure that there were no more Presidents who served longer than eight-year terms so with the avid support of the Republican Party, the amendment was passed. It is important to note that the constant struggle is to limit power within government so that is doesn’t become too centralized in one area. The President has the most power in the country, and so it was important to ensure that there were some limitations to what the President can do and a major one has become that he/she only gets to serve for a max 8 years.
I included this video because it shows Franklin Roosevelt, who was the only President to be elected to 4 terms and serve three dying during the fourth term. This amendment was inspired in part, if not, wholly by FDR’s long presidency. Americans do not like to have any one person in power too long because that centralizes power to that one person. In order to avoid that, the length of the Presidential tem was shortened.
Amendment XXI
Amendment XXI
“The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.”
Section 1 states that the 18th Amendment is repealed; nullified.
Section 2 states that the states could place laws on the transport, import, and sale of liquor if they wanted to.
Section 3 says that the amendment has to be ratified within 7 years.
The Twenty-First Amendment is the one and only amendment to be repealed. I think that admits a big admission of error on behalf of Congress to completely say that the 18th Amendment is null and void. Congress new that the 18th was doing more harm than good, what with all of the new found gang and mob violence that centered in prohibition. With the country in the Great Depression the government knew that they needed to remove as much of the hostility as possible and focus on rebuilding the nation. That started with removing the bootlegging and that had to be done by eliminating prohibition. I’m glad that alcohol is legal because I personally enjoy it, unfortunately I believe that the repeal of the amendment came too late in that by the time it was repealed a lot of the social and economic damage was already done. A lot of people got rich off bootlegging who shouldn’t have-gangsters, and mobsters, and other infamous people. Society and culture was also opened to the negative aspects of bootlegging and violence from the gangs and mobs, introducing new kinds of violence. The change came just a day late and a dollar short.
This is a short advertisement for a celebration of the repeal of Prohibition in Louisville, KY in 2008. I found it interesting that people actually celebrated the repeal of Prohibition. I do know that by the time the 21st amendment was drafted Americans were desperately trying to get rid of Prohibition.
This is a video of an address given by August Busch in 1933 expressing his admiration and joy in light of the ratification of the 21st Amendment. I wanted to include Busch because he is from St. Louis, MO and Budweiser is one of the most notable names in alcohol.
“The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.”
Section 1 states that the 18th Amendment is repealed; nullified.
Section 2 states that the states could place laws on the transport, import, and sale of liquor if they wanted to.
Section 3 says that the amendment has to be ratified within 7 years.
The Twenty-First Amendment is the one and only amendment to be repealed. I think that admits a big admission of error on behalf of Congress to completely say that the 18th Amendment is null and void. Congress new that the 18th was doing more harm than good, what with all of the new found gang and mob violence that centered in prohibition. With the country in the Great Depression the government knew that they needed to remove as much of the hostility as possible and focus on rebuilding the nation. That started with removing the bootlegging and that had to be done by eliminating prohibition. I’m glad that alcohol is legal because I personally enjoy it, unfortunately I believe that the repeal of the amendment came too late in that by the time it was repealed a lot of the social and economic damage was already done. A lot of people got rich off bootlegging who shouldn’t have-gangsters, and mobsters, and other infamous people. Society and culture was also opened to the negative aspects of bootlegging and violence from the gangs and mobs, introducing new kinds of violence. The change came just a day late and a dollar short.
This is a short advertisement for a celebration of the repeal of Prohibition in Louisville, KY in 2008. I found it interesting that people actually celebrated the repeal of Prohibition. I do know that by the time the 21st amendment was drafted Americans were desperately trying to get rid of Prohibition.
This is a video of an address given by August Busch in 1933 expressing his admiration and joy in light of the ratification of the 21st Amendment. I wanted to include Busch because he is from St. Louis, MO and Budweiser is one of the most notable names in alcohol.
Amendment XX
Amendment XX
“The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.”
Section 1 of this amendment states that the President and Vice President’s term is to end on January 20, and the Senators and Reps on Jan 3rd.
Section 2 states that Congress is to meet once a year at noon on January 3rd.
Section 3 states that if the President dies, then the Vice-President, and if the President doesn’t qualify or isn’t chosen by the beginning of his term, the Vice President becomes President until the President qualifies. Congress has the power to determine that no President or Vice President qualifies, in which case Congress would appoint someone until a qualifying candidate is chosen and they have to act as such.
Section 4 states that the H of R chooses the President in time of death and the Senate chooses the VP. Congress takes over if there is death within those selections.
Section 5 says when sections 1 and 2 take effect.
Section 6 states that this articles needs to ratified and voted on.
This is a lengthy amendment because it gives instruction for a rare but critical event that could happen. Although it’s not something that happens often, it is nice to have law in place for in case it does happen.
This is a short definition of the 20th Amendment but I like that it included the Succession Act because although I heard of it before I didn’t know much about it. The 20th Amendment deals with succession so I thought it would be interesting to include some information about succession further than just the Vice President.
I included this amendment because it gives a bit more detailed look into what the Lame Duck time of Congress means and why that is the nickname of the 20th Amendment. The video makes the amendment more relevant because it talks about the time in which Pres. Obama was elected and how this is lame duck time as they wait for January and wonder if Bush will veto any legislation passed.
“The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.”
Section 1 of this amendment states that the President and Vice President’s term is to end on January 20, and the Senators and Reps on Jan 3rd.
Section 2 states that Congress is to meet once a year at noon on January 3rd.
Section 3 states that if the President dies, then the Vice-President, and if the President doesn’t qualify or isn’t chosen by the beginning of his term, the Vice President becomes President until the President qualifies. Congress has the power to determine that no President or Vice President qualifies, in which case Congress would appoint someone until a qualifying candidate is chosen and they have to act as such.
Section 4 states that the H of R chooses the President in time of death and the Senate chooses the VP. Congress takes over if there is death within those selections.
Section 5 says when sections 1 and 2 take effect.
Section 6 states that this articles needs to ratified and voted on.
This is a lengthy amendment because it gives instruction for a rare but critical event that could happen. Although it’s not something that happens often, it is nice to have law in place for in case it does happen.
This is a short definition of the 20th Amendment but I like that it included the Succession Act because although I heard of it before I didn’t know much about it. The 20th Amendment deals with succession so I thought it would be interesting to include some information about succession further than just the Vice President.
I included this amendment because it gives a bit more detailed look into what the Lame Duck time of Congress means and why that is the nickname of the 20th Amendment. The video makes the amendment more relevant because it talks about the time in which Pres. Obama was elected and how this is lame duck time as they wait for January and wonder if Bush will veto any legislation passed.
Amendment XIX
Amendment XIX
“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”
The Nineteenth Amendment gives women the right to vote.
It only took the US 50 years after Blacks were given the right to vote to give women the right to vote. That is a shame. It shouldn’t have taken Congress 50 years the right to vote, when they were always considered to count for one whole person. It is ridiculous that it took Women’s Suffrage and hundreds of protests to gain access to a part of American citizenry that white males had from the beginning and black males (technically) for 50 years prior. Women protested Capitol Hill trying to the Nineteenth Amendment on the ballot; they were jailed and sometimes abused in order to gain the right to vote. Susan B Anthony and Cady Stanton played a large role in Women’s Suffrage.
This video is a collection of pictures from the Women’s Suffrage Movement, a movement started to give voting rights to women. The interesting thing about the fact that women didn’t gain the right to vote until 1920, is that white women were considered a higher class citizen than Blacks, yet Blacks were given the right to vote years before women. Two of the most prominent figures in Women’s Suffrage are Elizabeth Cady Stanton and Susan B. Anthony, who both unfortunately died before the ratification of the 19th Amendment.
This is a video that contains pictures and information about some of the women involved in Suffrage Movement. Many of these women were educated white women who wanted to gain women’s voting right so badly that they were willing to sacrifice the exclusion of Black women in women’s voting rights if it meant gaining the voting rights of white women. I learned that in my Women’s Studies class.
“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”
The Nineteenth Amendment gives women the right to vote.
It only took the US 50 years after Blacks were given the right to vote to give women the right to vote. That is a shame. It shouldn’t have taken Congress 50 years the right to vote, when they were always considered to count for one whole person. It is ridiculous that it took Women’s Suffrage and hundreds of protests to gain access to a part of American citizenry that white males had from the beginning and black males (technically) for 50 years prior. Women protested Capitol Hill trying to the Nineteenth Amendment on the ballot; they were jailed and sometimes abused in order to gain the right to vote. Susan B Anthony and Cady Stanton played a large role in Women’s Suffrage.
This video is a collection of pictures from the Women’s Suffrage Movement, a movement started to give voting rights to women. The interesting thing about the fact that women didn’t gain the right to vote until 1920, is that white women were considered a higher class citizen than Blacks, yet Blacks were given the right to vote years before women. Two of the most prominent figures in Women’s Suffrage are Elizabeth Cady Stanton and Susan B. Anthony, who both unfortunately died before the ratification of the 19th Amendment.
This is a video that contains pictures and information about some of the women involved in Suffrage Movement. Many of these women were educated white women who wanted to gain women’s voting right so badly that they were willing to sacrifice the exclusion of Black women in women’s voting rights if it meant gaining the voting rights of white women. I learned that in my Women’s Studies class.
Amendment XVIII
Amendment XVIII
“After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.”
Section 1 states that the sale, import, export, and producing of drinking alcohol is prohibited in the US.
Section 2 states that Congress and the States must also have laws to enforce prohibition.
Section 3 states that in order to become an amendment it has to be ratified within seven years from submission.
This amendment was brought on by the phenomena of the need for wholesome morals during the Victorian Era, when Christian organizations were prevalent. Many of these group believed that alcohol consumption was the cause of all the evil in the country (alcoholism probably was an issue during this time), and set out on a crusade to rid the country of it. I think this law failed miserably because of the law enforcement’s lack of actually enforcing the law. As a result of this amendment, mob and other illegal activity thrived as a result of bootlegging. This was an amendment that was virtually pointless, because not too many people followed it, rather big, illegal money was made which brought more violence and disruption into the community…way to go Congress!
This video is a short documentary on Prohibition and its impact on the country. It gives an accurate depiction of the rise of bootlegging and crime among organized criminals and how the surge of violence led to the repeal of the 18th Amendment. It was very informative and short.
This is a commercial from the 1920s demonizing alcohol and therefore supporting Prohibition. It is interesting to see how something that is such a common aspect of life today was seen in such a negative light, enough to outlaw it in the constitution. It was often the nature of society to warn against the dangers that may affect young, white, wealthy girls in advertising. The one thing that is mentioned is that alcohol could ruin the lives of little girls—by innocent little girls they meant white little girls.
“After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.”
Section 1 states that the sale, import, export, and producing of drinking alcohol is prohibited in the US.
Section 2 states that Congress and the States must also have laws to enforce prohibition.
Section 3 states that in order to become an amendment it has to be ratified within seven years from submission.
This amendment was brought on by the phenomena of the need for wholesome morals during the Victorian Era, when Christian organizations were prevalent. Many of these group believed that alcohol consumption was the cause of all the evil in the country (alcoholism probably was an issue during this time), and set out on a crusade to rid the country of it. I think this law failed miserably because of the law enforcement’s lack of actually enforcing the law. As a result of this amendment, mob and other illegal activity thrived as a result of bootlegging. This was an amendment that was virtually pointless, because not too many people followed it, rather big, illegal money was made which brought more violence and disruption into the community…way to go Congress!
This video is a short documentary on Prohibition and its impact on the country. It gives an accurate depiction of the rise of bootlegging and crime among organized criminals and how the surge of violence led to the repeal of the 18th Amendment. It was very informative and short.
This is a commercial from the 1920s demonizing alcohol and therefore supporting Prohibition. It is interesting to see how something that is such a common aspect of life today was seen in such a negative light, enough to outlaw it in the constitution. It was often the nature of society to warn against the dangers that may affect young, white, wealthy girls in advertising. The one thing that is mentioned is that alcohol could ruin the lives of little girls—by innocent little girls they meant white little girls.
Amendment XVII
Amendment XVII
“The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.”
The Seventeenth Amendment states that Senators are to serve a term of 6 years and that there shall be two chosen from each state by the people through voting. Also, that when there is a vacancy before the election, then the State has to allow an election and the legislature temporary fill-ins until a new elections determines the new Senator.
This amendment outlines the term of the Senate and circumstances in which a new Senate has to be elected. I consider this type of amendment a procedural one in that it explains the process of something, like steps to an act.
In this video it is suggested that the 17th Amendment be repealed because it would give local states more power. I think that it’s more important the people have power over voting because it affects our lives. I believe that there would be even more lying and cheating involved if the voting was left up to the State Legislators.
This is a video of radical patriots who also believe that the US representatives are not representing the people and that States would best represent the people of the state. I can understand that concern, but I remain cynical of the government because I think most them are liars and frauds, n I also think of State Legislators as political figures who are also liars. The people in this video have rallies and have tea parties because they feel that they are being taxed without representation due to a lack of the States being representatives.
“The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.”
The Seventeenth Amendment states that Senators are to serve a term of 6 years and that there shall be two chosen from each state by the people through voting. Also, that when there is a vacancy before the election, then the State has to allow an election and the legislature temporary fill-ins until a new elections determines the new Senator.
This amendment outlines the term of the Senate and circumstances in which a new Senate has to be elected. I consider this type of amendment a procedural one in that it explains the process of something, like steps to an act.
In this video it is suggested that the 17th Amendment be repealed because it would give local states more power. I think that it’s more important the people have power over voting because it affects our lives. I believe that there would be even more lying and cheating involved if the voting was left up to the State Legislators.
This is a video of radical patriots who also believe that the US representatives are not representing the people and that States would best represent the people of the state. I can understand that concern, but I remain cynical of the government because I think most them are liars and frauds, n I also think of State Legislators as political figures who are also liars. The people in this video have rallies and have tea parties because they feel that they are being taxed without representation due to a lack of the States being representatives.
Amendment XVI
Amendment XVI
“The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”
The Sixteenth Amendment states that Congress can tax income no matter what.
This amendment makes it legal for Congress to tax income no matter the population, and some feel that because the Constitution states that Congress has to tax individuals according to the census, that the Sixteenth Amendment and refuse to pay taxes. Personally I wish I didn’t have to pay taxes, but I can’t afford to not pay my taxes and get arrested!
This video talks about how the amendment was born, and the Democrats had started a “Soak the Rich” campaign, passing bills to raise taxes on higher income. The Republicans didn’t support the new bill and the Democrats painted the Republicans as he party of the rich (which is probably where the stereotype comes from). The Republicans tried to say that they would support an amendment legalizing taxes on income, thinking it wouldn’t get passed but it did. I thought this was a detailed description of the 16th Amendment.
This video was hilarious! I included it because he makes sense in the fact that it seems like our taxes go to some imaginary land and we the people never get to see them again. It seems like where ever the money is going, it’s not to our benefit. I often do wonder if everyone stopped paying their taxes what would, happen because we can’t all be arrested and imprisoned.
“The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”
The Sixteenth Amendment states that Congress can tax income no matter what.
This amendment makes it legal for Congress to tax income no matter the population, and some feel that because the Constitution states that Congress has to tax individuals according to the census, that the Sixteenth Amendment and refuse to pay taxes. Personally I wish I didn’t have to pay taxes, but I can’t afford to not pay my taxes and get arrested!
This video talks about how the amendment was born, and the Democrats had started a “Soak the Rich” campaign, passing bills to raise taxes on higher income. The Republicans didn’t support the new bill and the Democrats painted the Republicans as he party of the rich (which is probably where the stereotype comes from). The Republicans tried to say that they would support an amendment legalizing taxes on income, thinking it wouldn’t get passed but it did. I thought this was a detailed description of the 16th Amendment.
This video was hilarious! I included it because he makes sense in the fact that it seems like our taxes go to some imaginary land and we the people never get to see them again. It seems like where ever the money is going, it’s not to our benefit. I often do wonder if everyone stopped paying their taxes what would, happen because we can’t all be arrested and imprisoned.
Amendment XV
Amendment XV
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section 1 states that citizens cannot be denied the right to vote based on race, color, or whether they used to be a slave or not.
Section 2 backs up the first section by only stating that Congress had the power to enforce the legislation however they felt.
This controversial amendment gave Blacks the right to vote, however it did not make the discriminatory laws created in the South illegal in regards to voting. Therefore, although Blacks had gained the right to vote, they still suffered at the hands of poll tax laws which made literacy and wealth a necessity in order to vote—something not many Blacks had at that time. This amendment left enough slack for Southern states to draft up several discriminatory laws that inevitably kept Blacks from voting. Not to mention the KKK, which started around the end of Reconstruction in order to use intimidation and violence to scare Blacks into not voting. While section 1 provides opportunity, section two enables the limitedness of that opportunity.
This video displays lynching during American history. The worst part is that these are supposedly postcards that people collect and send to each other. I wanted to include this video because although the 15th Amendment gave former slaves the right to vote, it created uproar of hate in the South who didn’t want Blacks to vote. It is during this time that the KKK was birthed in order to intimidate Blacks and prevent them from voting. This amendment also saw the creation of poll taxes and literacy tests and other discriminatory laws put into place to keep blacks from voting. Lynchings were not only present during slavery, they took place largely after. After the 15th Amendment was ratified, Blacks and America had a long was to go until Blacks were freely allowed to vote without the threat of harm.
This video was very interesting because it talks about how Democrats were the ones who created the poll taxes and grandfather clauses, and who created the KKK, and that it was the Republicans who voted to free slaves and pass the 13th, 14th, and 15th Amendments. I think that its interesting how Blacks are highly represented in the Democratic Party, yet this is the same party who, at first, tried to prevent Blacks from being able to vote in the first place.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section 1 states that citizens cannot be denied the right to vote based on race, color, or whether they used to be a slave or not.
Section 2 backs up the first section by only stating that Congress had the power to enforce the legislation however they felt.
This controversial amendment gave Blacks the right to vote, however it did not make the discriminatory laws created in the South illegal in regards to voting. Therefore, although Blacks had gained the right to vote, they still suffered at the hands of poll tax laws which made literacy and wealth a necessity in order to vote—something not many Blacks had at that time. This amendment left enough slack for Southern states to draft up several discriminatory laws that inevitably kept Blacks from voting. Not to mention the KKK, which started around the end of Reconstruction in order to use intimidation and violence to scare Blacks into not voting. While section 1 provides opportunity, section two enables the limitedness of that opportunity.
This video displays lynching during American history. The worst part is that these are supposedly postcards that people collect and send to each other. I wanted to include this video because although the 15th Amendment gave former slaves the right to vote, it created uproar of hate in the South who didn’t want Blacks to vote. It is during this time that the KKK was birthed in order to intimidate Blacks and prevent them from voting. This amendment also saw the creation of poll taxes and literacy tests and other discriminatory laws put into place to keep blacks from voting. Lynchings were not only present during slavery, they took place largely after. After the 15th Amendment was ratified, Blacks and America had a long was to go until Blacks were freely allowed to vote without the threat of harm.
This video was very interesting because it talks about how Democrats were the ones who created the poll taxes and grandfather clauses, and who created the KKK, and that it was the Republicans who voted to free slaves and pass the 13th, 14th, and 15th Amendments. I think that its interesting how Blacks are highly represented in the Democratic Party, yet this is the same party who, at first, tried to prevent Blacks from being able to vote in the first place.
Amendment XIV
Amendmet XIV
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
The 1st section of the Fourteenth Amendment ensures that all US-born individuals, regardless of whether they were slaves before or not, are considered US citizens and they cannot be denied any of their rights as a US citizen.
The 2nd section provides that Blacks (not Native Americans) were to be counted and represented as a whole person, nullifying the 3 fifths clause as it pertained to Blacks. Unfortunately, it did not do so for the Native Americans.
The 3rd section at first prevented from any former
Confederates from holding any kind of office, but shortly after President Grant signed the Amnesty Act of 1872.
The 4th section specifically declares that the US government WOULD NOT repay the South back for war debts during the Reconstruction Era after the Civil War.
The 5th section declares that Congress has to make laws to enforce the amendment.
This amendment backed up the Thirteenth Amendment because whites believed that Blacks and Native Americans were only 3/5 of a human. It also declared that any person who rebelled or supported the rebelling against the US could not hold any kind of office, and stated the US wouldn’t repay the South for their war debts. This protected Blacks from receiving harsh treatment because they were not considered legal citizens of the US. It is rather unfortunate that the US was negligent of the fact that the Native Americans deserved to count for one whole person… this amendment also attempted to keep former Confederates and its’ supporters from holding office for fear that they might prove disloyal to the country. However that effort was sort of contradicted when Pres. Grant signed the Amnesty Act. I think in the end, the greatest part of the amendment was that blacks were counted as a whole person (it sounds ridiculous to even say that).
This is a cartoon of the three-fifths compromise. The 3/5 compromise made slaves legally count as only 3/5 of a person, legalizing whites views of slaves as sub-human. The 14th Amendment nullified this compromise and made former slaves count as a whole citizen. I included this video as a short explanation of what the 14th Amendment protected against.
This is a video that explains why the 14th Amendment is important. It talks about some of the different cases that used the amendment to its own benefit. It briefly describes how the amendment changed the course of America and made history. I felt this video directly related to the 14th Amendment.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
The 1st section of the Fourteenth Amendment ensures that all US-born individuals, regardless of whether they were slaves before or not, are considered US citizens and they cannot be denied any of their rights as a US citizen.
The 2nd section provides that Blacks (not Native Americans) were to be counted and represented as a whole person, nullifying the 3 fifths clause as it pertained to Blacks. Unfortunately, it did not do so for the Native Americans.
The 3rd section at first prevented from any former
Confederates from holding any kind of office, but shortly after President Grant signed the Amnesty Act of 1872.
The 4th section specifically declares that the US government WOULD NOT repay the South back for war debts during the Reconstruction Era after the Civil War.
The 5th section declares that Congress has to make laws to enforce the amendment.
This amendment backed up the Thirteenth Amendment because whites believed that Blacks and Native Americans were only 3/5 of a human. It also declared that any person who rebelled or supported the rebelling against the US could not hold any kind of office, and stated the US wouldn’t repay the South for their war debts. This protected Blacks from receiving harsh treatment because they were not considered legal citizens of the US. It is rather unfortunate that the US was negligent of the fact that the Native Americans deserved to count for one whole person… this amendment also attempted to keep former Confederates and its’ supporters from holding office for fear that they might prove disloyal to the country. However that effort was sort of contradicted when Pres. Grant signed the Amnesty Act. I think in the end, the greatest part of the amendment was that blacks were counted as a whole person (it sounds ridiculous to even say that).
This is a cartoon of the three-fifths compromise. The 3/5 compromise made slaves legally count as only 3/5 of a person, legalizing whites views of slaves as sub-human. The 14th Amendment nullified this compromise and made former slaves count as a whole citizen. I included this video as a short explanation of what the 14th Amendment protected against.
This is a video that explains why the 14th Amendment is important. It talks about some of the different cases that used the amendment to its own benefit. It briefly describes how the amendment changed the course of America and made history. I felt this video directly related to the 14th Amendment.
Amendment XIII
Amendment XIII
“Slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
The first section abolishes slavery….
….The second section makes Congress responsible for making necessary laws in order to make sure that all forms of ‘Involuntary servitude’ remain abolished.
This is if not, one of THEE most important amendments to the Constitution—period. This amendment ended what was the longest, generationally damaging, and despicable act in US history. For nearly 400 years Black, African Americans, Africans, Black Americans—whatever you want to call them—were enslaved and made to be subhuman animals. This is the amendment I care the most about because I know my ancestors are Black and Native American—two groups enslaved, sold, and slaughtered for economic gain and degradation of an entire people. Perhaps, the saddest part of this amendment is the reality, that segregation, murder, torture, and other forms of power and control were exerted over Blacks and Native Americans long after this amendment was ratified. Another sad reality of this amendment is that even today, a form of slavery still exists called human trafficking, which is when humans are sold in the black market for cheap labor, sex, and any other purpose that is involuntary for any reason on behalf the person being sold.
What’s great about the 2nd section is that it provides that congress make laws to enforce the first section which is where were we see the framework for the Civil Rights Act, because it gave validity to the necessity of having legislation that prevents discrimination.
I chose this video because I thought it was a well-put together display of slavery. The music definitely sets the tone, and the pictures speak 1,000 words. I think it is important to never forget where we came from and never forget the struggle our ancestors had to face.
This video talks about Jim Crow Laws and how they supposed to create a separate, but equal atmosphere in the South after the Reconstruction, but in actuality, they separate facilities always were of poor quality. I included this video to display how blacks were treated after the abolishment of slavery due to the passing of Jim Crow Laws. I wanted to display how former slaves remained oppressed even in the light of their new found freedom.
“Slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
The first section abolishes slavery….
….The second section makes Congress responsible for making necessary laws in order to make sure that all forms of ‘Involuntary servitude’ remain abolished.
This is if not, one of THEE most important amendments to the Constitution—period. This amendment ended what was the longest, generationally damaging, and despicable act in US history. For nearly 400 years Black, African Americans, Africans, Black Americans—whatever you want to call them—were enslaved and made to be subhuman animals. This is the amendment I care the most about because I know my ancestors are Black and Native American—two groups enslaved, sold, and slaughtered for economic gain and degradation of an entire people. Perhaps, the saddest part of this amendment is the reality, that segregation, murder, torture, and other forms of power and control were exerted over Blacks and Native Americans long after this amendment was ratified. Another sad reality of this amendment is that even today, a form of slavery still exists called human trafficking, which is when humans are sold in the black market for cheap labor, sex, and any other purpose that is involuntary for any reason on behalf the person being sold.
What’s great about the 2nd section is that it provides that congress make laws to enforce the first section which is where were we see the framework for the Civil Rights Act, because it gave validity to the necessity of having legislation that prevents discrimination.
I chose this video because I thought it was a well-put together display of slavery. The music definitely sets the tone, and the pictures speak 1,000 words. I think it is important to never forget where we came from and never forget the struggle our ancestors had to face.
This video talks about Jim Crow Laws and how they supposed to create a separate, but equal atmosphere in the South after the Reconstruction, but in actuality, they separate facilities always were of poor quality. I included this video to display how blacks were treated after the abolishment of slavery due to the passing of Jim Crow Laws. I wanted to display how former slaves remained oppressed even in the light of their new found freedom.
Amendment XII
Amendment XII
“The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. --The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
The Twelfth Amendment states that the Electors have to cast their vote for President and Vice-President separately, and that the candidate with the most electoral votes is President…if there is a tie, then the House of Reps must vote by ballot immediately and if they fail to choose by March, then whoever has been voted as Vice-President shall act as President. Now if there is a tie for Vice-Presidency then the Senate is to choose from the two highest numbers on the list, which must consist of 2/3 votes of the Senate. The amendment also establishes that no person ineligible to hold the office of President may hold the office of Vice-President.
This amendment prevents a scenario from happening in which there is a tie for presidency and nobody knows what to do and is unable to reach a clear consensus. It basically describes how the Presidency and Vice-Presidency should be chosen in case there were to be a tie for the two positions. Fortunately, a tie hasn’t happened since the 1800’s…the Electoral system has seemed to work just fine with the exception of the 2000 election. I believe this is one of those less-relevant amendments…
I choose this video from School House Rock because it gave an accurate and entertaining explanation of how the Electoral College works.
I choose yet another Law Web TV video because there wasn’t much on the electoral college or on the 12th amendment in general and this series always give understandable definitions of the amendments.
“The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. --The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
The Twelfth Amendment states that the Electors have to cast their vote for President and Vice-President separately, and that the candidate with the most electoral votes is President…if there is a tie, then the House of Reps must vote by ballot immediately and if they fail to choose by March, then whoever has been voted as Vice-President shall act as President. Now if there is a tie for Vice-Presidency then the Senate is to choose from the two highest numbers on the list, which must consist of 2/3 votes of the Senate. The amendment also establishes that no person ineligible to hold the office of President may hold the office of Vice-President.
This amendment prevents a scenario from happening in which there is a tie for presidency and nobody knows what to do and is unable to reach a clear consensus. It basically describes how the Presidency and Vice-Presidency should be chosen in case there were to be a tie for the two positions. Fortunately, a tie hasn’t happened since the 1800’s…the Electoral system has seemed to work just fine with the exception of the 2000 election. I believe this is one of those less-relevant amendments…
I choose this video from School House Rock because it gave an accurate and entertaining explanation of how the Electoral College works.
I choose yet another Law Web TV video because there wasn’t much on the electoral college or on the 12th amendment in general and this series always give understandable definitions of the amendments.
Amendment XI
Amendment XI
“The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”
This amendment provided that non-citizens and citizens of the states could not bring a lawsuit against that state (from which they are not a part of)—EVER!
The Eleventh Amendment prevents citizens and non-citizens from suing states they are not citizens of, but it allows, with special exceptions, someone to sue state officials in Federal Court.
This is a video that gives an easy-to-understand definition of what the 11th amendment is trying to say. I can appreciate when someone can an explain an amendment that may be a bit wordy, in a short manner that is still concise and easy to understand which is why I choose this video.
This is a young man stating that non-citizens of this country could not sue the Federal Government. I chose this video, because his interpretation of the amendment was incorrect.
“The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”
This amendment provided that non-citizens and citizens of the states could not bring a lawsuit against that state (from which they are not a part of)—EVER!
The Eleventh Amendment prevents citizens and non-citizens from suing states they are not citizens of, but it allows, with special exceptions, someone to sue state officials in Federal Court.
This is a video that gives an easy-to-understand definition of what the 11th amendment is trying to say. I can appreciate when someone can an explain an amendment that may be a bit wordy, in a short manner that is still concise and easy to understand which is why I choose this video.
This is a young man stating that non-citizens of this country could not sue the Federal Government. I chose this video, because his interpretation of the amendment was incorrect.
Tuesday, December 8, 2009
Amendment X
Amendment X
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
This amendment reaffirms the states’ power outside of the federal government by declaring that any powers not delegated to the government go to the states, or the people.
The Tenth Amendment keeps a checks and balance between the states and the federal government by giving powers not delegated to the government to the states or the people. It goes hand-in-hand with the Ninth Amendment in that it takes away centralized power from the government.
This video explains that the States need to be more aware of its sovereignty and Americans need to be aware of the Constitution and their rights, so that they are not violated and we are not subjected to unconstitutional laws. This lady explains that Obama’s health care reform is not just a national issue, but also more importantly a State issue and that the States have the right to challenge it. I thought this video gave insight into how much sovereignty others interpret the States to have based on the Constitution. The 10th Amendment does say that powers not prohibited to the State are reserved by the State, so maybe she’s on to something??
This video explains that Oklahoma is declaring sovereignty under the 10th amendment in order to get rid of mandates and that under the 10th amendment the state can do that because the Federal Government only has the powers given to it in the Constitution. This vide really made a good point at the end when it stated that the US government only had the powers given to it in the Constitution, which is how many of the videos I’ve watched on YouTube felt, however the Government does not operate as though they believe this to be true. How much power to do we really have under the Constitution? We don’t get to interpret the Constitution—the Supreme Court does! The Framers are yelling, “Gotcha b@#*h!!!”
Amendment IX
Amendment IX
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
This amendment simply means that just because a right is not included in the Constitution, does not mean that U.S. citizens do not have that right.
The Ninth Amendment has a lot of ‘grey area’ and can come to cover an array of rights not mentioned in the Constitution. This amendment basically assures that our country remain as close to a land of freedom and opportunity by guaranteeing rights not mentioned in the Constitution, such as the right to privacy. It is important that the Framers sought to ensure our freedoms (although, I being Black, were not meant to be included as citizens) as citizens. It is what makes our country unique.
This video is a funny interpretation that goes to show us that there are many rights we have—so many that they cannot all be listed in the Constitution. Therefore, that is why we have The Ninth Amendment.
This video is of an extremist hater of the government, explaining how the government is violating the people’s The Ninth Amendment rights when they arrest individuals for alcohol consumption and marijuana possession. This video proves that people often interpret Amendments in there own ways. It shows how broad the amendment is and how in its broadness there are often many different interpretations that can be found.
Amendment VIII
Amendment VIII
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
The Eighth Amendment provides protection for the accused and the guilty. It ensures the accused will not be held in jail on a large bail, unless the crime is extremely serious, or unless the expensive bail is a “preventative measure” meaning the accused is dangerous. The “Excessive fines” clause prevents individuals from receiving excessive fines that are not warranted by the crime in criminal cases.
The “Cruel and unusual punishment” clause is not clear about what cruel and unusual punishment is, but it protects citizens from receiving punishments that do not merit the crimes committed. This is one of the most controversial amendments because the question of whether or not the death penalty is “Cruel and unusual” has been upheld by the Court. There has also been controversy as to whether or not
The death penalty that we see today is not cruel and unusual, I believe that lethal injection is the best approach to the death penalty. I personally believe that the death penalty should only be used in the most extreme situations, such as with serial killers or mass murderers. I believe that there are other ways to combat violence, but it takes a holistic approach and requires a lot of money which citizens and Congress are not willing to pay. I have not heard of a situation where there has been a violation of ‘excessive fines or bails’. The current system we have now to determine bail seems to work well. Although this is an amendment that in text says very little, it encompasses so much and does a great job in doing so-this affects life or death in many instances, and yet the Court has upheld the legality of the death penalty under this amendment alone.
The first part of this video addresses cruel and unusual punishment as it pertains to law enforcement-not to the death penalty and I like that they explored that aspect. Often times when we think of cruel and unusual punishment the first thing that comes to our minds is the death penalty. The 2nd part of the video deals with excessive fines and bail.
I chose this video because it was a funny parody of what the Eighth Amendment means. This video was short and to the point.
This video talks about more relevant issues that pertain to the Eighth Amendment such as non-citizens being detained for suspected terrorist reasons. It also talks about how the death penalty, at one time was ruled as unconstitutional, but later upheld. I wanted a video that looked at the Eighth Amendment from a point of view that wasn’t portraying how great it is to have, but rather shows the more contradictory side of the amendment.
Monday, November 2, 2009
Amendment VII
Amendment VII
“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”
This amendment was adapted from the British policy of trying cases that were matters of civil law as opposed to criminal as Common Law cases. This amendment declares that civil suits, which are between individuals, with damages resulting in twenty dollars are considered a Common law matter. Civil suits result in verdicts that award monetary compensation and require a preponderance of evidence rather than proof beyond a reasonable doubt. Civil courts are often used to bring individuals to civil justice who have been acquitted of criminal charges.
I included this video because it is an example of how celebrities are often targets for civil suits because they have a lot of money and because it is easier to sue an individual. In this video, a professional athlete was sued by a car dealership for its damages and losses as a result of a car being impounded. Burress had to pay over one thousand dollars to the rental car company
I choose this video clip because it explains what civil cases or common law cases are and some of the elements of them. I liked how the video described the different types of civil cases that exist.
Amendment VI
Amendment VI
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."
The Sixth Amendment insures citizens’ rights to lawful criminal procedures. It goes into detail about a suspect’s rights from the time they are accused of a crime and once the trial has begun. This amendment further brings criminal prosecution into the public-sphere. It prevents law enforcement from extending trial time or delaying trial time as a means of keeping a suspect imprisoned. They are required to work as quickly as possible to bring justice to society. Right to a trial by jury in the district where the crime was committed is important because it is the area in which the crime was committed which is the most affected. It seems fair the trial would be in that district. This amendment also prevents suspects from prosecution without knowing what charges are being brought against them, what witnesses will testify against them; and prosecution without gaining appropriate counsel for defense and witnesses.
This is a video clip taken from Fox News on Drew Peterson and how he waived his right to a speedy trial because his defense attorney’s needed more time to prepare their case. This is an example of how a right could possibly work against you. The defense also requested that the trial be moved to a location outside of the county because there had been so much media attention in regards to the crime. This is often a reason for a request to move the location of the trial. This video also reveals that the prosecution wants to use testimonies from Peterson’s dead ex-wife and, at that time, his missing wife. This, his defense affirms, would be a direct violation Peterson being “confronted with the witnesses against him…” because prosecution cannot confront Peterson with a witness that is dead or missing. In this case the testimony would be “hearsay.”
This is a comical enactment of the Sixth Amendment by some children, which I thought described some aspects of the Sixth Amendment. The “officer” actually violates amendments 4 and 5 by unlawfully searching the house without a warrant and not informing the suspect of the nature and cause of the accusation!
Amendment V
Amendment V
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without dues process of law; nor shall private property be taken for public use, without just compensation.”
The first section of the 5th amendment guarantees that an individual does not have to commit to a crime at any point during interrogation or investigation. No officer can lawfully force a person to confess to a crime or say anything that could be considered incriminating. This section also states that no citizen can be held captive for a crime without being indicted which means, there have to be formal steps in criminal proceedings that include indictment of a Grand Jury. This protects citizens from being subject to the underhanded tactics that government and/or law enforcement may try to use in order to intimidate people they consider suspects of crimes. This demands that matters of criminal justice be public in order to ensure justice among the people.
The second section of the Fifth Amendment protects the people from being tried for the same crime more than once and guarantees citizens punishment only after a lawful trial. This also limits the power of the states and government. This stems from the British Government exploiting citizens whenever there was criminal suspicion. The British Government had full reign to behave the way it felt and if an individual was suspected of committing a crime, there was no limit to what that person may have had to endure whether innocent or guilty.
The third section of this amendment guarantees that there has to be “just compensation” for any taking of private property. This can be a sticky situation if you have private property that a private developer wants to buy in order to build a community pool; according to the Supreme Court, the government could sell your property to a company that wants to build a community pool on your property.
I like the way this video breaks down what is considered “testimonial” and “non-testimonial” as far as Fifth Amendment Rights are concerned. It explains that courts can mandate a person comply with authorities in matters that are non-testimonial such as handing over a key to a locked box, but NOT in matters considered testimonial such as giving authorities a password to computer that may have incriminating evidence. The video explains that the difference between a password/combination and handing over a key is that the actual placing of the key in authorities’ hand is not a testimony, while to give out a personal password or combination is considered testimonial.
This video clip highlights Enron’s acknowledgement and exercise of the Fifth Amendment in court and throughout the case. Although they were found guilty, they were not forced to answer any incriminating questions and often refused to answer these types of questions. I believe it is necessary to protect citizens from unlawful act of the government and law enforcement, but I also believe that in instances where suspected criminals who come from extremely low economic backgrounds (unlike exec at Enron)are by default more susceptible to their rights being infringed upon without them even knowing it or being able to fight for their rights.
Amendment IV
Amendment IV
“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The fourth amendment guarantees citizens protection from unlawful searches and seizures, or without a warrant that was issued on the basis of probable cause. This prevents law enforcement from going into homes to search and take things from homes without having gone through the appropriate channels first. This amendment creates a small ‘checks and balance’ of law enforcement. The framers wanted to protect citizens from being exploited by law enforcement and the government.
I feel that there is always room for our rights to be infringed upon because are corrupt people in positions of power who will exert their power over others (especially those who may be unable to fight for their rights) and try to get away with it. I believe the amendment holds a great amount of power in protecting people from being robbed of a fair process in criminal cases.
This video talks about how we have a right to not show police our id—depending upon which state we live in. This video talks about whether your right to lawful searches and seizures is affected by having to show a police officer if you are stopped. I wanted to include this video because I think it is difficult for people to truly know their rights, when their rights are interpreted differently depending on the state they live in. It is important to understand the fourth amendment in its entirety. Some states do not require that a civilian show an officer their id if they have done nothing wrong; an example would be New York State. According to a couple of sites on Google, if you have not committed a crime or if an officer walks up to you on the street, you do not have to show them your id. I tried to find out whether or not the state of MO required civilians to show id upon request, but I couldn’t find it and didn’t know where exactly to look. If you have not committed a crime you should not have to show an officer your id.
I appreciate this video because police officers constantly try to intimidate people, and in that time, many become afraid because they do not know or understand their rights as citizens. This video portrays the correct way to refuse a search or seizure without a warrant. Too many times people want to be disrespectful in demanding officers regard their rights, which only gets them arrested for their behavior towards officers. The man in this video remains calm, respectful, and adamant that does not, nor does he have to consent to searches without a warrant. That is what the fourth amendment provides.
In high school, I attended a party with some friends in the Raytown/Independence, MO area that is known for its prejudice and sometimes blatant, racist police. My friends and I were eighteen at the time, but the renter of the apartment was in his mid-twenties. The cops were called because of an alleged noise nuisance, although the music was not loud at all. There was also some under-age drinking (there were only two or three bottles of alcohol at the party) at the party. Once it was realized that the police were called, the alcohol was thrown away and everyone sat and waited on the police to arrive. Being that my friends and I were not intoxicated (nor was anyone at the party), when the cops arrived, we expected it to be a warning. The police came into the house, demanded everyone sit on one side of the apartment, and said that everyone would have to show their id and if it wasn’t on their person they would be taken into custody. I became enraged because my friends and I had left our purses in the trunk of my car, there was no reason to bring our purses in the house. My friends and I thought it was ludicrous to arrest twenty people because they had no id on them. The police didn’t know there was alcohol in the house and because no one acted irrationally, we all sat in disbelief as the cops talked to the adult in charge and tried to threaten us. In the end no one was arrested (of course) and it was a complete waste of time.
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