Friday, December 4, 2015

Summary and Thank You!

Thank you for viewing my blog!  I hope you had some fun learning a bit about the amendments, turns out amendment songs are quite entertaining and hilarious.  Here's on last one....enjoy!! 


A great summary of...ALL 27 AMENDMENTS!!!


The Twenty-Seventh Amendment


The Twenty-Seventh Amendment: 

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

This amendment deals with the pay Senators and Representatives receive. A senator can not raise or lower their pay, and it is not determined until the election has occurred. 


A funny interpretation of the 27th amendment, with a touch of sarcasm! This shows how some American's resent how much money Senators have the potential to make.  The 27th amendment requires us to have election before any pay raises can occur.  




The Twenty-Sixth Amendment


The Twenty-Sixth Amendment:

Section 1.

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 2.

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

This simply sets the legal age for voting in the United States.  Eighteen is the legal age for being an adult as well.  Congress has the power to make sure people at or above the age of eighteen always have this right.  


This video is a nice peek into a moment of history.  President Nixon announces the 26th amendment, and welcomes a new group of legal voters.  A younger generation of voices. 



The ages 18-21 can get a bit controversial.  At the age of 18 a person acquires many new legal rights. Using those rights responsibily and abiding to the law is imporant at any age, but making sure you know what rights you during these transitional years is a good thing.  




The Twenty-Fifth Amendment

The Twenty-Fifth Amendment:

Section 1.

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2.

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.

Section 3.

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.

Section 4.

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.

This amendment solidifies the process that must happen if the President dies.  Typically the Vice President would become President, but if the Vice President is vacant, the President can select another Vice President which is then approved by Congress. The President also has the power to allow the Vice-President to fill in for certain circumstances. However, the Vice President and Congress have the power to remove the President for office, under reasonable circumstances with a 2/3 vote approved from Congress, if the President see's this as unfit.

There have been a few instances in history where the President resigned, was assassinated, died for other reasons, or had the Vice President fill in for periods of time.  It is important that citizens are aware of what happens when this type of transition occurs, because it can be traumatizing to lose a President.  It is also a good thing to have a back up plan in when it comes to times of crisis.  The President is human as well, and it is reassuring for them to know the Vice-President will be albe to maintain duties.  

Resignation:

Presidential Assassinations:

Both videos are great examples of scenarios which would require the Vice-President to step in.  Nixon's resignation video, shows why a President might consider resigning.  And the assassination video shows that unfortuntely, far too many President's have been killed in the past.  This is a reality that all President's face.  The 25th amendment makes sure America always has a secure leader in place at all time. 



Thursday, December 3, 2015

The Twenty-Fourth Amendment


The Twenty-Fourth Amendment

Section 1.

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 2.

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


The poll tax kept many people, particularily African American's from voting.  Though everyone had the right to vote, political power was minimized by the poll tax because people could not afford to vote. The 24th amendment recognized that poll taxes were a barrier to voting and repealed it allowing people to vote without paying a prerequisite fee.  

This cartoon, displays how many people were affected by the poll tax and also shows how limited the people were.  The poll tax only allowed for a portion of citizens to have a political voice, therefore the voice of the nation was impaired and biased. 

This epic video summarizes the frustration of having financial struggles get in the way of voting.  At the time, African American's had a smaller income than most whites, making it difficult for them to participate in voting.  It shows that this amendment was a big step toward equal rights.  







The Twenty-Third Amendment


The Twenty-Third Amendment:

Section 1.

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 2.

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

Washington DC may have electors in the Electoral College, as if it were a state.  There are some restrictions saying the DC cant have more electors than the least populated state.  Although DC is not a state, the appointed members will have the same duties, responsibilites, and powers that electors would have in a state.  Washington DC now allowed people to vote for the President and electors.


Read the Article: Capital Injustice
http://www.nytimes.com/2011/03/29/opinion/29masur.html?_r=0

Excerpts from the beginning and end of the article,


I recommend reading the entire article, but the two excerpts posted above specifically relate to how to 23rd amendment affects the world today.  She notes, "The anniversary is worth remembering, both because the amendment was an important step toward full political equality for citizens of the nation’s capital and because it was frustratingly incomplete." The article also notes that there are still obstacles of inequality today, regardless of the many Constitutional amendments that aim to advance equality and rights. 


The Twenty-Second Amendment


The Twenty-Second Amendment: 

Section 1.

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 2.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.

This breaks down the presidential term limits.  Two terms, each of four years is the maximum amount of time a person can be President.  Anyone who has filled in for the President for two years, for example the Vice-President, cannot run for President again.  This did not apply to the President in office during the ratification of this amendment.  


President Franklin D. Roosevelt was the only President to run for 4 terms, an equivalent of 16 years.  Up till this point, previous President's ran only for 2 terms, following in the steps of George Washington.  During FDR's unique length in the office he faced major crisis' like the Great Depression and WWII.  At the time, America needed a steady leader to guide them out of such challenging times.  However, after FDR American's realized it is better to have a new President every 2 terms.  It is refreshing to bring new leadership and ideas to the Presidency. 



At (.47 seconds) the video points out three very critical reasons why we should limit the Presidency to 2 terms.  
1. Dictatorship
2. Promotes Freedom
Supports Our Individuality
It continues with an excellent point, "It keeps America from turmoil that it has previously experienced." Although history repeats itself, having different a new President can prevent negative events from happening again and leaves room for great new potential. 


Wednesday, December 2, 2015

The Twenty-First Amendment

The Twenty-First Amendment

Section 1.

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2.

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 3.

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


Repealed the 18th Amendment, and made it legal to consume alcohol,  if the 21st amendment passed.  However the local and state governments could still ban the transportation, possession and sale of alcohol. Like the 18th amendment, if the amendment was not passed in 21 years it would not be valid.

Read the Article about the 21st Amendment's 82nd Birthday Anniversary.....!
http://blog.legalsolutions.thomsonreuters.com/legal-research/today-1933-21st-amendment-ratified-ending-prohibition/

This is a great excerpt from the article,

This article tells us why this is the only amendment in the constitution to be repealed.  It took 13 years for this amendment to repeal, and the article talks about what happened in those 13 years.  I particularily enjoy the section that goes into full detail why the 18th amendment failed(pictured above).  It is true, legal alcohol consumption is something people take advantage of all over the world, not exclusively the U.S.

                                                   21st Amendment (I Like It Like That)
(A bit pitchy...but high quality and creative lyrics!) 
This video highlights all the great things that came from repealing the 18th amendment.  Including a decrease in violence and crime. It also features how happy and thrilled many American's were after the 21st amendment!  The era of Prohibition was not a happy time for most, and the quality of life and sense of society dropped drastically.

The Twentieth Amendment


The Twentieth Amendment:

Section 1.
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.

Section 2.
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.

Section 3.
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.

Section 4.
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 5.
Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission.

This amendment sets the term date and length, for the President and Vice-President, as well as Congressing meetings.  If the President were to die or temporarily recess from his position, the amendment states that the Vice-President would replace or fill in at that time.  This is all important, because it is a concrete point of reference.  It is essential for U.S. citizens to understand the role of both the President and Vice-President. 

This video is very clear and to the point.  It states that the 20th amendment is also known as "The Lame Duck Amendment."  The "Lame Duck Period," is when the new President ahs been elected in November, but the current President is still in office until March. This transitional period is important to the current and new president, but also for the U.S. to shift into a new rein of presidency.  


Though this image is exaggerated, I still think it captures a unique perspective on the "Lame Duck Period." I always enjoy listening to the farewell address and inaugural address, for the incoming and outgoing president.  It gives an overview of their time as president, and/or address goals they wish to meet during their presidency.  

The Nineteenth Amendment


The Nineteenth Amendment:

"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.

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


In 1870, the 15th amendment allowed MEN of all races to vote.  Women were finally given the right to vote in 1920.  Congress is allowed to enforce any laws that will protect this right to women.  It took 50 years for women to finally get the right to vote.


Before the 19th Amendment, feminism was growing and women were fighting for their rights. Women continue to gain more rights and recognition in the years to come, but the right to vote was a monumental success for all women! 



The #FoundingFathers in this humerous video take on the role of creating the constitution.  They contemplate the idea of women having equal rights, but laugh it off. They never really took the idea of womens rights seriously, similar to the mindset of many American's before the 19th amendment.  It is invigorating to know how much has changed for women since 1920! 






The Eighteenth Amendment


The Eighteenth Amendment:

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.

This amendment outlawed the use, making, and sale of alcohol in the United States.  Though it was with good intent to outlaw alcohol, it ended up causing more problems which ended in repealing the amendment. The time when this law was active is known as the Prohibition.  Congress has the right to enforce any regulations they see fit to make sure people are not drinking illegally.  However 3/4 of the states had to pass this amendment in 7 years or less or the amendment would terminate.  

The prohibition was greatly affected by feminists at the time. Many women and men also argued that alcohol led to domestic violence, and problems in the home.  Extensive alcohol use and abuse also coincided with many religious beliefs.  Although these men and primarily women wanted to make society better, the 18th amendment was still repealed.  People continued to find ways to drink, especially by buying from criminals who profited immensely.  


This video is a great preview into life during the Prohibition.  The video footage helps us see pieces of what went on from 1920 to 1933.  The United States was split between "drys" and "wets."  This is an interesting concept, because the U.S. always seems to be divided.  For one, we are always politically separated by our two major political parties; Democrats and Republicans.  The Prohibition influenced many Americans, and the 18th amendment rather than collectively improving society, only  isolated and generated rebellion. 

The Seventeenth Amendment


The Seventeenth Amendment: 

"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 Senate is made up of two senators per state, meaning there are one hundred Senators in the United States.  As long as we are eligable to vote we can elect our Senators.  If a Senator were to leave, the governer can then select another person for this position, only if the state allows this to happen.  It is important to understand this right because Senators represent our political values, and each state has the chance to select two people whom they deem fitting to personify and speak for the state. 


Short and simple video, but it is clearly biased.  The idea here is that prior to 17th amendment Senators were choosen by the State Legislatures, and the Senate controlled tax and spending.  Since the 17th amendment, the opinion here is that state governments no longer have good representation so expansion and spending is not monitored well.  

This image shows the time in years it took to pass the 17th amendment. The young man as Senator in 1826 grows old with the U.S Senate and holds his position for his entire lifetime.  This demonstrates that before the direct selection of Senators, when the state legislatures chose; the same people would make up the U.S. Senate.  Therefore not much variety within the Senate, meant the same reoccurring perspectives and opinions, and little change. 


An extra article with interesting perspective on the topic!! Read on! https://timpanogos.wordpress.com/2014/04/04/joseph-kepplers-cartoon-on-why-we-need-the-17th-amendment/



The Sixteenth Amendment


The Sixteenth Amendment:

"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."

A legalization of income tax, so that everyone with an income must pay taxes. Tax is money that goes to the government to provide for important tasks, and projects. This amendment allows for the Government to collect taxes without distributing it and sharing with the states.  Taxation can't involve the census or number of people in a state.  



This cartoon reflects the negative image many American's have in regards to tax.  It is plausable to be see why American's could be frustrated by the thought of giving large sums of money to the government, and not understanding what their money is used for.  This is just one aspect of how taxes  affect the lives of American's. 


On the other hand, taxes can be beneficial.  Tax money is used for many public services, as the picture shows.  These projects and services improve the durability of the government but also, the overall quality of life.  Offering safety, education, and other interests in favor of the people.  

The Fifteenth Amendment


The Fifteenth Amendment:

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.

The right to vote is now possible for people of all race, color, and other prejudice.  This was an especially colossel moment in history for the rights of African Americans.  HOWEVER, this does not apply to women...yet.  


With an edgy come back, this simple image still does a good job depicting this part of history.  If all people are equal citizens by the Constitution's 13th amendment, waiting a hundred years to finally have more equal rights is unreasonable.  The picture only mildly shows the frustration, African American's faced before given the right to vote.  

15th Amendment Rap
https://www.youtube.com/watch?v=EzIH6SiIbek


An interpretation of the concepts of the 15th amendment to the tune of "Ice Ice Baby!" They touch on the importance of equal voting rights, and take note of the impact it has on incoming generations.  


Also quite entertaining...
Moral of the Story: Political Science is a great and valuable class! 

The Fourteenth Amendment


The Fourteenth Amendment:

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 power to enforce, by appropriate legislation, the provisions of this article.

This amendment is about being a citizen in the United States. The citizenship clause(section 1) defines you as a citizen of the United States and the state you were born in or live in.  Other states can not enforce laws that take away the priveledges you held in your native state.  Respresentation will be fair in the states, and it shows how Congress is determined.  The states have an obligation to the priveledges of citizens, aside from the Indians.  


It's like a slippery slop...If you are BORN in the United States, you are a United States CITIZEN and you WILL receive equal protection.






Birthright Citizenship & 14th Amendment:

Ted Cruz talks about the importance of tighting border patrol and limiting illegal immigration and visa overstays.  He says illegal immigration isn't the problem, its the lack of political reel to get it done.  He explains the 14th amendment and argues to end birthright citizenship, as a policy matter changing the law would help stabilize illegal immigration.  This is one example of how the 14th amendment affects the world. 

The Thirteenth Amendment

The Thirteenth Amendment

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.

Slavery is abolished!!! A monumental moment in the United States when slavery was outlawed. However, if you commit a crime you can be forced to involuntary servitude; or working against your will even if you are paid.  Section two pertains to the responsibility of Congress to enforce this amendment.

The image demonstrates well that the 13th Amendment did not only protect African American slaves, but people of all races, who had experienced involuntary servitude.  I think it is important to recognize that even the white Americans who had stereotypically been known to be racist, may have been maltreated as well.  The amendment improved segregation and discrimination in multiple ways.  

Read the article "Slavery Ended 148 Years Ago Today, But We Still Have A Long Way To Go"

An excerpt from the article: 




Though Abraham Lincoln's efforts as President along with being credited for the adoption of the 13th Amendment,  made a huge change in the world for the better; discrimination, and racism continued to exist.  Slavery was abolished, but racist actions and viewpoints had a long way to go.  


The Twelfth Amendment

The Twelfth 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 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.

In less words, this amendment covers the process of electing the President and Vice-President.  Before the 12th amendment the electoral process allowed for the President and Vice-President to be chosen from different parties, which would not happen in the present.  This also explains the role each state plays in the electoral process, and picking one person specifically for each role, rather than having the majority of votes declare the President, and the minority vote to be the Vice-President.

This image clearly shows what the ballot would look like today because of the 12th amendment. It separates the Presidential and Vice-Presidential ballot, whereas before the amendment the candidates all ran for President and out of all four with the one with the majority would become President, and then the second candidate would become Vice-President.

Now for a Constitutional Rap...

The teacher and his students break it down for the 12th amendment! Even while rapping, they get the point across that the election for President and Vice-President must be separated for a better representation.  




The Eleventh Amendment


The Eleventh Amendment:

"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 talks about sueing the states, and determining when it is appropriate to do so.  It also protects individual states from law suits involving other states and foreigners.


Read the article "Fight over execution rests for now on debate over who can be sued"

http://news.stlpublicradio.org/post/fight-over-execution-rests-now-debate-over-who-can-be-sued


Here is an exceprt from the article on the 11th amendment:

To better understand the 11th amendment, I looked to see how this was affecting the state of Missouri specifically.  In this case, "The 11th Amendment to the U.S. Constitution forbids most private federal lawsuits against states or state actors unless the state actor is doing something unconstitutional." To avoid being sued, the state must also act appropriatly.  With all rights, people and states must still appropriately conduct themselves.  



A simple but clear illustration of how citizens of states can not sue other states, especially pertaining to the situation at hand.  





The Tenth Amendment


The Tenth Amendment

"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."

If the power is not given to the federal government, it would go to the states or the people.  The people will always have their rights and freedom.  


I like the caption in the parenthesis because I think it sums up the perspective many Americans have of this amendment.  The Constitution only address selected powers which are to the federal government, but it can be assured that the remainder of delegated powers are reserved for people and the states.  

"The states have their own rights that the federal government CANNOT interfere with."
This quote from the video makes it clear that the federal government can't take away the states rights. Rather than looking at is as the states getting the remainder of power and rights, this video shows that those rights exist at all times! His example about cookies is perfect, and helps put into context the concept of the constituion, with comparisons that make sense to the average person.  

Tuesday, December 1, 2015

The Ninth Amendment



The Ninth Amendment:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Ultimately, the Constitution is a reference for certain rights but not all of our rights are listed within the Constituion.  This amendment protects our other unlisted rights, by saying that it is unconstitutional to violate rights even though they are not written. It protects our humanity, and sense of personal freedom.  It's almost like an unwritten rule, certain things humans abide by for common civility.

This is a good comparison, because unwritten rules are set expectations of human behavior and actions.  Most humans follow unwritten rules, even though they aren't official "rules" like the well known "golden rule" and treating others the way you want to be treated.  This amendment is like an unwritten rule.  Even though the constitution doesn't list every single right you might have, it still highly recommends that you don't violate peoples rights.  In order to do this, I think the words from the image "Uncompromising Laws of Common Civility That We Wish Everyone Knew," summarizes well what this amendment is trying to encourage.


This video shows a few examples of rights we assume we have as people.  Even simple rights to eating a sandwich!! The Ninth Amendment protects all of our day to day actions, whereas many other amendments determine very specific and detailed circumstances that may not directly affect you daily.  

The Eighth Amendment

The Eighth Amendment:

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

The process of setting bail is thoughout and measured.   Excessive fines can not be imposed because, the bail amount must first be set depending on the crime.  Naturally more serious crimes, will have more extensive fines and bail.  Cruel and unusual punishment is a controversial subject, but ultimately the amendment presses to avoid such punishment because it can be brutal and uncivilized.


I think this is an interesting illustration of the 8th amendment.  It shows the controversy that is linked to the amendment.  This perspective demonstrates the idea of repealing the amendment, because it shows that by implementing the 8th amendment we fail to support the "good" people, when we protect the "bad" people with these rights.  


This image on the other hand, allows us to put ourselves into the shoes of those who would face cruel and unusual punishment and what it would feel like.  


The Seventh Amendment

The Seventh Amendment:

"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 reexamined in any court of the United States, than according to the rules of the common law."

At the time, the conflict that was being tried had to exceed twenty dollars, which at the time was a great sum of money.  You must be examined in the court city, county, state or national courts recognized by the government.  Here also, people go to the courts to sue others, whereas the 6th amendment the accused were trailed.


Today the value of the original $20 minimum, is closer to $75,000.  In 1789, $20 could go a long ways.  It would be pointless today to sue someone for something regarding only $20 dollars.  More realistically, $75,000 is clearly a large amount of money.  Something of this value is to be handled in the courts.  


This video shows an example of a scenerio where the 7th amendment would be necessary.  It is clear to see the the situation calls for more than $20, and could not be handled individually.  The man who has been hit has the right to sue.  


The Sixth Amendment

The Sixth Amendment:

"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 defence."

Regardless of the crime at hand, the person has the right to a "speedy trial" and an attorney if the accused person wishes.  Along with these rights, the accused also gets a chance to see who is accusing them.


I like the figurative interpretation of this image.  In the popular game of Monopoly the "Get Out Of Jail, Free" cards and other similar freebies are a reoccuring component of the game.  From a more literal perspective, the 6th amendment is like this "Get Out Of Jail, Free" card because our rights to an attorney, and speedy trial protect unlawful instinances, and potential criminals as well as protect the innocent.  

6th Amendment Rhapsody

(Because I think poorly sung songs about the amendments are hilarious) 

This lively portrayal of the 6th amendment, is both amusing and accurate.  Sung to the classic "Bohemian Rhapsody," the lyrics show us how the 6th amendment protects the innocent, but also gives the accused a fair chance.  I especially enjoy the line from the video, "I'm just a poor boy...I need a lawyer."  The recreation is funny, but appropriate for the context of the amendment. 


The Fifth Amendment

The Fifth Amendment

"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 offense 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 due process of law; nor shall private property be taken for public use, without just compensation."

The fifth amendment means not having to be a witness against oneself, but also that one can not be tried for the same offense.  The phrase "plead the fifth," comes to mind, and how one does not need to answer to the accused incrimination.



This picture is a good representation of what pleading the fifth means figuratively. The boy is "pleading the fifth" to his mother, he is choosing to withhold information, therefore cannot be entirely blamed.  

5th Amendment Song



In this comidic yet informational video, the boys break down the key elements of the fifth amendment.  "I've got rights when I'm accused," is a great summary of what rights we have. 





The Fourth Amendment

Amendment #4

"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."


Though this amendment protects citizens of unreasonable searches and seizures, it is important to note the bolded word.  We are not guaranteed againsted all searches and seizures. They are deemed unreasonable under the law.  
The image shows this concept well, with a comedic undertone, demonstrating a potential violation of the 4th amendment by the police.  There is no sign that this would be a reasonable search and seizure!

 

The video is an example of one man's experience with his 4th amendment right not being granted.  Though both speak with credibility,  but there is a challenge of authority and power here.