Thursday, April 24, 2014

18th Amendment (prohibition of alcohol)

Ratification was certified on January 16, 1919, Amendment took effect January 17, 1920.
SECTION 1.
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.

SECTION 2.
The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.

SECTION 3.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.

Breakdown...

The 16th Amendment was pushed by the idea of the 18th Amendment


  • Declared the production, transport and sale of (though not the consumption or private possession of) alcohol illegal. 
  • Although it was created to limit crime,  police, courts and prisons were overwhelmed with new cases.
  • Organized crime increased in power, and police/law enforcement officials became increasingly corrupt.
  • This amendment, repealed in 1933 by the Twenty-first Amendment, was the only constitutional amendment that was ever repealed.

Volstead Act-  defined which "intoxicating liquors" were prohibited, and which were excluded from prohibition (wine for communion or other alcohol used for medical purposes).


These images depict instances with prohibition of alcohol. In the first image a mother holds a baby boy in her arms, the words "Help me to keep him pure" are written above them. The next image is of two woman smuggling alcohol, and the bottom image is of a group of woman supporting alcohol with signs protesting saying "We want beer". Although it was mainly woman that protested against alcohol consumption, there were plenty of woman who supported it as well. I would probably be in the bottom picture myself..."Go beer!"


The top image is a group rallied to protest the 18th Amendment. The middle picture is an example of moonshiners. A group of people (organized crime group) that would make and sell alcohol for a profit. To be a moonshiner was a risky business, not only did you have the law enforcement after you, you had other moonshiner groups and even individuals in your group that may kill you or sell you out. The bottom image is of the percentage of crime rates before,during,and after prohibition. As you can see the crime most definitely did not decrease, it increased by 40-50%. I think this has to do with respect. I say this because whenever someone respects me as a rational being that has the capabilities of making good decisions I do not desire to be irrational. I believe they would have had more success in limiting alcohol consumption by educating the population about the negative and positive aspects of alcohol, such as cigarette commercials that are taking place currently educating the population on how it has a negative effect on an individual and the family.


Wednesday, April 23, 2014

17th Amendment

 Ratified in 1913
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 qualificationsrequisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, theexecutive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower theexecutive 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.
 
Breakdown...
 
 
Amendment 17: Popular Election of Senators
  • Repealed Article 1 section 3 of the Constitution (only  state legislatures could elected U.S. senators).
  • Provided for the direct election of U.S. senators by citizens.
  • Senators could no longer "buy a seat."
  • Established that if a person had the qualifications for voting for a Senator, his right to vote was not only derived from the laws of the particular State in which they are chosen, but had its foundation in the Constitution of the United States.
Progressivism—the early twentieth-century political movement dedicated to pushing government at all levels toward reform.
 
 
This is a humerous image depicting the view that American citizens are not very intelligent and would rather vote for a popular tv show/competition than for a specific political leader. After the 17th Amendment we have a little more say in who goes to the Senate. I believe American citizens have the same intellectual capabilities but are sent media distractions to defer their thoughts away from a higher order of thinking. We are taught (although no one will admit this) by our society that if we are lower class/middle class citizens it is our duty to follow the rule of others in order to survive. Not to think of solutions that could better our economy or vote for Senators that uphold our values.
 
This image depicts the view that individuals that run for Senate may portray a different image of themselves to the public in order to obtain more votes. I do uphold this view in that although there are good leaders in our society, the individuals that usually run for Senate are wealthy and more concerned about their self-interests, than that of the people. Although some may ratify their decision to run for Senate as a chance to improve the economy, their only fooling themselves. If a Senator made minimum wage would he/she really be there?
 

Tuesday, April 22, 2014

16th Amendment

Passed by Congress July 2, 1909. Ratified February 3, 1913.

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.

Breakdown...

Basic meaning:

  1. Congress is allowed to collect some of the money earned by people working in the United States.
  2. It doesn’t matter where the money is earned, as long as it is “income."
  3. There is no need to share the revenue with the states.
  4. The census, a count of all the people that live in the United States that happens every ten years, can’t be used as a basis for distributing taxes on people.
Article I, section 9, of the Constitution was modified by amendment 16.

  • Allows the federal government to collect an income tax from all Americans.
  • Individuals and cooporations will be taxed without reguard to population.
  • States can tax individuals however they want.
Case:

Pollock v. Farmers Loan and Trust Co. 1895


A Massachusetts stockholder named Charles Pollock, worked for the Farmers' Loan and Trust Co. He appealed to the U.S. Supreme Court after  trying to sue his work for filing returns for and paying a federal income tax. This tax was levied with the profits that his work earned, including interest it received from income-producing real estate and bonds of New York City. Pollock said that such a tax, authorized by the Income Tax Act of 1894, was unconstitutional because it was a direct tax upon the property itself (28 Stat. 509). Article I, Section 2, of the U.S. Constitution mandated that all direct taxes be apportioned among the several states and Section 8 of the same article required that direct taxes be uniform. Pollock argued and the Supreme Court agreed that this tax did not satisfy either requirement. The tax was levied upon the rents or income of real property held by particular corporations and businesses and was, in effect, a direct tax upon the real property itself. The United States had no constitutional power to tax either state instrumentalities or property.
 The Supreme Court ruled that the Income Tax Act of 1894 violated the Constitution and that the taxes imposed pursuant to it were void. It reversed the decree of the federal circuit court and remanded the case.Congress recognized the need for a constitutional provision permitting the levy of federal income tax without Apportionment among the several states. It took, however, eighteen more years before there was sufficient support for the passage of the Sixteenth Amendment.



This humerous image depicts the view that many people suffer to pay taxes at the beginning of every year. Many people wish there were no mandatory takes, however, I belive although the tax system may not be completely fair especially in property taxes, it does help our country in many areas.



This image depicts the view that Legislators do not have much common sense when they devise tax laws. In my opinion Legislators do not always think of the Country's overall benefit when proposing a tax law.




For more information visit:

http://legal-dictionary.thefreedictionary.com/Pollock+v.+Farmers'+Loan+%26+Trust+Co.

http://www.law.cornell.edu/supremecourt/text/158/601

15th Amendment

Proposed February 26th, 1869, ratified on February 3rd, 1870
Section 1.
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 2.
The Congress shall have power to enforce this article by appropriate legislation.

Breakdown...
 
First African-American to vote was Thomas Mundy Peterson on March 31, 1870 in Perth Amboy, NJ.
  • Gave the right Vote to African Americans
  • Did not prohibit Southern States from placing mandatory poll taxes to keep African American's/specific social classes from voting.
  • Conditioned the territory of Nebraska into the Union.


This image depicts the harsh reality that although African Americans were given the right to vote under the 15th Amendment, they really did not have a good leader that was for African American rights at the time.


This image (the words are difficult to read) depicts that although black men were given the right to vote, most of whom could not even read or write, woman who for the most part more educated at the time were still prohibited from voting. The black men are seemingly pushed to vote for a particular party without knowledge of that party, you can see the white men with their smug seemingly rude faces holding on to the clothes of the black man pointing toward the ballot box seemingly manipulating their votes, while another white man holds his hand up to halt a group of young woman in line to vote.

14th Amendment

Ratified
July 28, 1868        

SECTION. 1.
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.

SECTION. 2.
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.

SECTION. 3.
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.

SECTION. 4.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

SECTION. 5.
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Breakdown...
Amendment 14:

  • Made African American's citizens.
  • Protects the rights of the people.
  • Enforces the Bill of Rights on the states.
  • Ensured that debts due to the emancipation of slaves were “null and void” (not allowed).


3 Clauses that apply to this Amendment:
  • Due Process Clause-trial by jury for all people accused of wrongdoing.
  • Equal Protection Clause-no state shall deny to any person within its jurisdiction "the equal protection of the laws".
  • Citizenship Clause-gives individual born in the United States, but especially at that time, African Americans the right to citizenship. 
Cases:

Richardson v. Ramirez (1974)

  Three felons who had completed their sentences, brought a class action against California’s Secretary of State and election officials. They argued that the state had no compelling interest to justify denying them the right to vote. The California Supreme Court agreed that the law was unconstitutional. On appeal, however, the U.S. Supreme Court said that a state does not have to prove that its felony disenfranchisement laws serve a compelling state interest. The Court pointed to Section 2 of the 14th Amendment which exempted felony disenfranchisement laws from the heightened scrutiny given to other restrictions on the right to vote. The Court said that Section 2, which reduces a state’s representation in Congress if the state has denied the right to vote for any reason “except for participation in rebellion, or other crime,” distinguishes felony disenfranchisement from other forms of voting restrictions, which must be narrowly tailored to serve compelling state interests in order to be constitutional.

Dredd Scott v. Sanford 1856

Slave-Dredd Scott was living in Missouri. His owner took him to two free states (Minnesota and Illinois) listed under the Missouri Compromise.  Then his master returned to Missouri and sold him to a man named Sanford. Dredd Scott sued Sanford for his freedom under the Missouri Compromise because he should have been a citizen of Missouri by living in a free state for so long. The veiw from Chief Justice Roger Taney was that slaves were not intended to be included in the Constitution under the name of citizens, or have the liberty or rights associated with that name. Since Dredd Scott is not considered a citizen he can not sue, basically voiding the Missouri compromise ad reffering to blacks as property. This man never did obtain his freedom, unfortunately.



This Image of a counterdemonstration in New York City  depicts the harsh opinion that the children of immgrants born in America should not be considered citizens.



This image depicts the controversy over President Obamas birthplace, and the worry that a baby born in the U.S. by immagrants "anchor baby" could possibly become a president. Most of my famil, although they would never admit it, do not consider immigrants to be valuable people because our society does not view them as citizens. We must not forget that we too were immigrants to America and value of any individual should not be based on society's views, we have seen this issue in slavery.




Monday, April 21, 2014

13th Amendment

13th Amendment

Passed by Congress  January 31, 1865, and ratified on December 6, 1865

Section 1.

Neither 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.

Section 2.

Congress shall have power to enforce this article by appropriate legislation.

Breakdown...

This Amendment:
  • Freed the slaves, and eliminated forced involuntary labor.
Does not include:
  • Labor of convicted criminals
  • Military service for those drafted
  • Jury duty
life:

On this day in 1865, the 13th amendment is ratified — this officially ended slavery.
The Civil War was a fight about competing freedoms: the freedom to  choose one’s own government, the freedom of states to leave a  federation, the freedom of people to decide their own laws. But in the  end, the freedom that prevailed was the one that declared that all men  are to be considered human beings, not property. 
Integral to the fight  for that principle — on the front lines, building military  infrastructure, and carrying vital information — were African  Americans, many of them escaped slaves who risked their lives as the  fate of future generations hung in the balance.
(see more — African Americans in the Civil War)


These images depict African Americans who joined the North side of the Civil War. What a lot of people do not know is while the war was raging in 1861, before the 13th Amendment was passed, when slaves escaped their Southern masters, a lot of white men in the North would return the slaves to the South, back to their masters for a sum of money. When slaves were returned their masters would usually beat them and usually kill them. However sometimes an escaped slave would have the option to either join in the fight for the North, or be returned to their masters. These Aftrican Americans, some which volunteered, were seen as expendable soldiers, someone to do the dirty work. In a sence they traded one kind of slavery for the next.


This image depicts that although slavery in a sence was abolished, there arose a new slavery inside the economy. What do you define slavery as? I define it as to be forced to work in order to allow yourself and family the basic needs of life. To be seen as less of an individual than the person you work for, to be seen by that person as a means of more income/property. The idea of Freedom and Justice for all remains part of our Country's ego. However this is, and will always be an idea not a fact. The 13th Amendment did not solve the slavery issue, however it allowed the African American race a chance to choose who they wished to serve.

Friday, April 18, 2014

12th Amendment

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 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 PresidentThe 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.


Breakdown...
 This Ammendment changed the PROCESS of how a President/Vice-President is elected.
  • The President and Vice-President are voted on separately.
  •  Congress picks from the top 3 candidates.
  •  The Vice-President must have the same qualifications as the president (35 yrs old, and lived 14 consecutive years in the U.S.).
  • Strongly reccomends that the Vice-President and President be from separate states.
  • Did not change the makeup of the Ellectoral College.
  • No elecotor may vote for both candidates of a Presidential ticket.


The issue that pushed for this Amendment was because Aaron Burr, a Vice President candidate, and Thomas Jefferson, the Presidential candidate received the same number of votes which resulted in the vote going to the House of Representatives. I think I would feel a little cheated if this happened today especially if the House of Representatives picked the person that I didn't vote for. It would almost seem like the Government could choose their own President . Luckily thanks to the 12th Amendment this should never happen again, because now they are voted on separately.



This funny post depicts how good publicity (such as kissing a baby) can effect the voting process. Many times the public, myself included are buisy and distracted with work that we fail to do research on who we should vote for. What things do they value/promote? We also have to consider the fact that they may see what the majority of the people value and use that information to gain a majority vote. That does not necessarily indicate that they will uphold what they propose. For example, I could say, "I wish to see every child in America fed, housed, and on a successfull path towards good careers and a brighter future." Well of course who wouldn't wish that? But that does not indicate that once he obtains your vote he will follow through with proposed improvements.