Thursday, December 1, 2011

Twenty-Seventh Amendment

Ratified May 7, 1992


The twenty-seventh amendment states...
      No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.


What it means to me...
      This amendment prohibits Congress from raising their salaries during their terms of service. Members of Congress cannot receive a salary increase until after the next election. It was originally proposed as part of the original Bill of Rights, but it failed to be ratified at that time. It was later re-introduced in the early 1980's and was finally ratified in 1992.

The following is a cartoon depicting Congressional greed...
This political cartoon suggests that Congress is greedy and that their solution for our crumbling economy is to give themselves raises, to an extent.

The following is a second political cartoon about congress being greedy while we are suffering...
This political cartoon is suggesting that Congressman are greedy and are more likely to give themselves a pay raise at our expense. Everyone else is making sacrifices, but Congressman do not have the same mindset.

Twenty-Sixth Amendment

Ratified July, 1, 1971


The twenty-sixth amendment states...
      Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
      Section 2. The Congress shall have power to enforce this article by appropriate legislation.


What it means to me...
      This amendment lowered the voting age from 21 years old to 18 in federal, state, and local elections.

The following is a poster...
This is a poster that was created in support of lowering the voting age from the 1969 New Jersey campaign.

The following is a video of the signing of this amendment...
This is a video showing the signing of the 26th amendment to the US Constitution, which took place on July 5,  1971.

Twenty-Fifth Amendment

Ratified February 10, 1967


The twenty-fifth amendment states...
      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 th epowers 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.


What it means to me...
      This amendment basically layed out the plan of succession for Presidents and gave an outline for President and Vice President power in case of vacancy or resignation.


The following is a newspaper article regarding the first Presidential resignation...

When President Nixon resigned from his Presidency, Ford was the one to take his place, as stated by the 25th amendment.

The following is a video relating to the 25th amendment...
In this video, Alec Baldwin reads the 25th amendment at People For the American Way Foundation's Constitution Reading  at the Great Hall at Cooper Union in New York. This event took place on September 1, 2004.

Twenty-Fourth Amendment

Ratified January 23, 1964

The twenty-fourth amendment states...
      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 or failure to pay any poll tax or other tax.
      Section 2. The Congress shall have power to enforce this article by appropriate legislation.


What it means to me...
      This amendment basically eliminated the poll tax. And Congress could enforce this law through legislation as well.

The following is a news article about the poll tax...
This newspaper article discusses our victory of overcoming the poll tax and how we are still struggling with the aspect of having to pay for an ID in order to vote.

The following ...
The above image depicts a group of people rallying for no more poll taxes. This was the biggest movement in our country's history in terms of everyone coming together and rallying for a single cause.

Twenty-Third Amendment

Ratified March 29, 1961

The twenty-third amendment states...
      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.


What it means to me...
      This amendment basically amended Article 2, Section 2 of the Constitution because it gave electors to the District of Columbia. It  also gave Congress the authority to enforce the amendment through legislation.

The following is a video relating to this amendment...
This is a video some students made as a way to depict the 23rd amendment.

The following is another video relating to the 23rd amendment...
This is another student-made video to teach us about the 23rd amendment.

Twenty-Second Amendment

Ratified February 27, 1951

The twenty-second amendment states...
      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.


What it means to me...
      Basically, this amendment set Presidential term limits at two terms.


The following is a video about the 22nd amendment...
This video explains this amendment in detail, as well as gives examples of Presidents who served terms in this way.


The following is another video...
This video explains how Obama has plans to be in office for 8 to 10 years and how he wants to repeal this amendment.

Twenty-First Amendment

Ratified December 5, 1933

The twenty-first amendment states...
      Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby replaced.
      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. The 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.


What it means to me...
      This amendment repealed the 18th amendment, therefor ending the Prohibition. This amendment returned the regulation of alcohol to the states.

The following is a video about the liquor industry...
This video shows Repeal Day, with iconic figures and historical video clips. Repeal Day is the day we earned the right to drink again.

The following is a news article about the prohibition...
This newspaper story is about the prohibition ending and how relieved the people were.

Tuesday, November 29, 2011

Twentieth Amendment

Ratified January 23, 1933

The twentieth amendment states...
      Section 1. The terms of the President and Vice President shall end at noon on the 3rd 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 3rd 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.


What it means to me...
      This amendment reduced the four-month-long lag period between the November elections and the March 4th starting date of the new congressional and presidential terms. It moved the commencement of the new congressional session from March 4 to January 3. If a Presidential election were thrown into the House of Representatives, then the decision would be made by the newly elected House. Now, the nation would only have to go two months instead of four months without a chief executive. This amendment modified Section 1 of the 12th amend. and Article 1 of the Constitution.


The following image relates to the 20th amendment...
This amendment is often referred to as the "lame-duck" amendment. This cartoon of the Lame duck refers to the lack of quality work during the the lag time when the nation is waiting for their new president to take office. Bills are often shuffled through the system and signed without serious debate. This amendment shortened this lag time and helped improve the system.

The following is an illustration about the 20th amendment...
This cartoon shows, once again, the lame-duck aspect of this amendment. The caption states, "Lame-Duck Migration Descends on Washington to Carry Forward the Nation's Business.

Nineteenth Amendment

Ratified August 18, 1920

The nineteenth amendment states...
      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.


What it means to me...
      This amendment gave women the right to vote. It guaranteed that anyone could vote at this point in time, no matter color of skin, gender, or any other factors. Congress now had the authority to enforce this amendment through legislation.

The following is a picture about women's suffrage...
Women were finally given the right to vote thanks to this amendment.

The following is another photo for women's voting rights...
Women gathered together to rally for getting votes for women to count.

Eighteenth Amendment

Ratified January 16, 1919


The eighteenth amendment states...
      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.


What it means to me...
      This amendment instituted the Prohibition. It also gave both Congress and the States the authority to enforce the amendment through legislation.

The following is a cartoon about this amendment...
This is a classic Simpsons cartoon for Homer vs. the 18th amendment.

The following is a newspaper article...
This newspaper article is about when the United States was voted as dry, meaning there would be stricter laws put on the selling, transportation, and consuming of alcoholic beverages in many  if not all states.

Seventeenth Amendment

Ratified April 8, 1913

The seventeenth amendment states...
       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.


What it means to me...
      This amendment basically states that the Senate is composed of people elected by the people, and states the guidelines Senators must face.

The following is a video...
This is a video made by the National States Rights Coalition to show some of the reasons why we are in dire need of taking action now to repeal this amendment.

The following is a political cartoon...

     This political cartoon shows how people feel this amendment is nothing but a big problem and how so many people want to repeal it.

Sixteenth Amendment

The sixteenth amendment states...
      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.


What it means to me...
      This amendment reversed an 1895 Supreme Court decision by declaring a federal income tax law unconstitutional.

The following is a political cartoon...
This cartoon shows Uncle Sam heading towards the easier path of general sales tax, but Congress is more for income tax. This is the debate to introduce sales tax in the US and end the income tax in 1933.

The following is a video about taxes...
This Schoolhouse Rock video is about celebrating taxes and teaching kids exactly what taxes are and how they work.

Saturday, November 26, 2011

Fifteenth Amendment

Ratified February 3, 1870


The fifteenth amendment states...
      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.


What it means to me...
      This amendment prohibited the restriction of voting rights "on account of race, color, or previous condition of servitude. Basically, African Americans could now have the right to vote.

The following video relates to the 15th amendment...
This video illustrates the 15th amendment after reconstruction. It shows the steps that African Americans had to take in order to be able to vote, and how they now everyone has the right to vote no matter the color of their skin. However, everyone was not equal since women still could not vote.

The following cartoon relates the the 15th amendment...
The cartoon shows how black suffrage has finally ended and that the colored line separating blacks from whites is no longer a boundary. 

Tuesday, November 15, 2011

Fourteenth Amendment

Ratified July 9, 1868


The fourteenth amendment states...
      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 priveledges 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 appointed among the several States according to their respective numbers, counting th ewhole number of persons in each State, escluding 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.


What it means to me...
      This amendment defined national citizenship, forbidding the states to restrict the basic rights of citizens or other persons.

The following video relates to the fourteenth amendment...
Since its ratification in 1886, this amendment has been closely related to Civil Rights. This video, a section of the video series "Cases in Controversy" uses actual Supreme Court decisions and interviews with legal educators and professionals, and historical reenactments to examine the cases that helped shape the fourteenth amendment.

The following is a political cartoon relating to the 14th amendment...

This cartoon depicts that by banning gay marriage, we are violating Section 1 of the fourteenth amendment, which states that, "No State shall make or enforce any law which shall abridge the priveledges 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."

Thirteenth Amendment

Ratified December 6, 1865


The thriteenth amendment states...
      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 appropiate legislation.

What it means to me...
      Basically, this amendment officially abolished and continues to prohibit slavery and any involuntary servitude, except for use in criminal punishment. This amendment gave African Americans their freedom.

The following is a video about animal rights and slavery...
The group known as People for the Ethical Treatment of Animals (PETA) is suing Sea World for keeping the orca whales captive. They are stating that the 13th amendment to the US Constitution offers protection for the orcas in Sea World. They argue that the 13th amendment is very vague and that it is not limited to humans. Although the 13th amendment states that slavery of humans is wrong, that does not mean that animals are not entitled to this right as well. As a big proponent of animal rights in society, I agree that these animals deserve this right just as much as we do.

The following is a cartoon illustrating the 13th amendment and slavery...
This cartoon shows how the 13th amendment helped the issue of slavery in our society. When the 13th amendment was ratified, slavery was abolished once and for all. Jim Crow laws were soon created to help put segregation into play.

Twelfth Amendment

Ratified June 15, 1804


The twelfth amendment states...
      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 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.


What it means to me...
      This amendment states that separate ballots are to be used for President and Vice President, that the candidate with the greatest number of votes for each office will be elected if that number constitutes a majority of the total Electors. It also states thaif there is no majority for the President then the House of Representatives shall vote by state from among the two highest candidates, and if there is no majority for the Vice President then the Senate shall vote by state from among the two highest candidates. Also, the Vice President candidate shall need to meet the same requirements as for President. This is good to have so that there is a strict code to go by when electing our country's Presidential leaders.


The following is a video about the 12th amendment...
This video was made by two students to honor the 12th amendment and show why it was originally created, to ease the tension between the President and Vice President in the future..


The following is a cartoon that makes fun of the 12th amendment...
This cartoon makes fun of the 12th amendment's section regarding the electoral process. It mandates that electors must vote for presidential and vice-presidential candidates seperatley, and that the winner must have the most number of majority votes to be elected. 

Eleventh Amendment

Ratified February 7, 1795


The eleventh amendment states...
     The Judicial power of the United States shall not be constructed 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 an Foreign State.


What it means to me...
      This amendment prevents lawsuits against States by citizens of other States as well as foreign citizens. Also, it immunizes states from suit for money damages without their consent.

The following is an image that sums up the eleventh amendment...

This amendment protected state sovereignty and provided for what is known as the doctrine of sovereign immunity. (http://www.csc.noaa.gov/ptd/module08/lesson01/0801.htm)

The following is a video that relates the issue of sovereign immunity and the eleventh immunity...
In this video, Geraldo presents the horrifying story of a boy named Haseeb who is a resident of Willowbrook Mental Institution in Texas, a center for the mentally handicapped. His parents admitted him in order to help him improve his condition, but that was far from real. Haseeb was mercilessly beaten by an instutition employee multiple times. Today, even though his assailant has testified and is now serving time, Haseeb has yet to receive the justice he is due-all because of the sovereign immunity policy that the state of Texas maintains. Thus, Haseeb's family have been unable to sue because of this immunity, which is being protected by the eleventh amendment. This issue still needs to be dealt with today.

Thursday, October 13, 2011

Tenth Amendment

The tenth amendment states...
      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.


What it means to me...
      This amendment does not hold as much power as it used to because when it was originally proposed, the
Bill of Rights only pertained to federal law, not the states. And many states had slavery,. which was protected by this amendment. Thus, the fourteenth amendment was put into place to make it so that the Bill of Rights applied to both state and federal law, making this amendment less meaningful.

The following is a video about the tenth amendment...
This is a video about Pennsylvania State Representative Sam Rohrer and his rally for sovereignty under the 10th amendment. On March 16, 2009, Rohrer introduced a tenth amendment resolution with overwhelming support. Rohrer and his supporters organized a day-long rally entitled "Mobilize for Liberty", which included seminars and speeches. 

The following is another video about federal states and the tenth amendment...
This video summarizes that The Constitution does not protect the sovereignty of States for the benefits of the States or state government as abstract political entities, or even for the benefit of the public officials governing the states. To the contrary, the Constitution divides authority between federal and state governments for the protection of individuals. State sovereignty is not just an end in itself, but rather federalism secures to citizens the liberties that derive from sovereign power.

Ninth Amendment

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


What it means to me...
      This amendment was written to address the concern that the government was free to violate any rights that were not specifically protected in the Constitution.

The following is a video about the ninth amendment and our enumerated rights...
      This is a video that discusses an interview between Donald Trump and NBC's Savannah Guthrie. In the interview, she asks Trump a question about abortion and privacy and he responds with a very uneducated answer. This not only made both Trump and Guthrie look bad, but the poor phrasing of the question fundamentally misconstrued the US constitution.

The following video is a Public Service Announcement take on the ninth amendment...
This video shows students depicting how we have more right than just those listed directly in the Constitution.

Eighth Amendment

The eighth amendment states...
      Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


What it means to me...
      This amendment helps restrict bail, prison sentences, fines, and the death penalty when it comes to criminals. Bail is crucial because defendants who are not released on bail have greater difficulty preparing their defense. It also prohibits cruel and unusual punishment, states that excessive fines can not be put on defendants since most if not all convicts are poor, and prohibits the torture of US citizens.

The following is a video that depicts what our life would be without the 8th amendment...
This video illustrates a day in the life of someone without the 8th amenment. It would be pretty extreme.

The following is another video that focuses on cruel and unusual punishment...
These series of images are examples to show just how unjust forms of cruel and unusual punishment are and how nobody, no matter how serious of a crime that they commit, should be put through that kind of torture. It's just inhumane.

Seventh Amendment

The seventh amendment states...
      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.


What it means to me...
      This amendment basically requires a trial by jury in lawsuits where ordinary damages are sought. However, a jury is not required in family cases, such as those dealing with divorce or child custody.

The following is a political cartoon...
This cartoon is joking about how people hate the fact that they are often required to do jury duty. It may be a pain, but we need juries to hear our cases.

The following is a website blog about the seventh amendment... 

This newspaper article talks about how the Supreme Court was upholding the High Court verdict declaring that the 7th amendment was now void. The military rule of HM Ershad stands illegitimate as the Supreme Court upheld the High Court verdict in May 2011 that had declared the seventh amendment to the constitution void, since they had approved the regime illegal. 

Wednesday, October 12, 2011

Sixth Amendment

The sixth amendment states...
      In all criminal prosecutions, the accused shall enjoy the right to a speedy trial 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 accusations; 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.


What it means to me...
      Basically, the accused have the right to a speedy trial. This clause prevents long-term incarceration without a trial-a person cannot have a prison sentence without a guilty verdict. The innocent should not have to sit in jail for years if they are in fact innocent of their accused criminal act.

The following is a video for a class project done by kids to illustrate the sixth amendment...
This video uses an example of a girl going to jail for stealing a dog, even though she is innocent. It is a reenactment of how simple innocent people can be put in jail whether they did anything wrong or not. Without the sixth amendment, those innocent people would sit in jail for long periods of time because there are so many court cases to hear. This amendment gives them the right to a quick trial so they don't have to rot in jail for something they truly did not do.

The following is a political cartoon...

Here the artist is using a turtle to illustrate the fact that turtles are naturally slow-moving animals and therefore he is waving his right to a "speedy" trial.

Fifth Amendment

The fifth amendment states...
      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.


What it means to me...
      This amendment helps to protect us from the abuse of government authority in legal procedures, such as trials by jury. No person can be tried for a serious crime, except in a military setting, without written accusation from a Grand Jury first. Also, this amendment states that we have property rights that cannot be taken away, specifically by the government. This is known as the takings clause.

The following is a video relating to our rights given to us by the 5th amendment...


  In this video, Stewart Parnell, owner of the Peanut Corp. of America, pleads the 5th amendment and thus refuses to answer any questions directed to him and his colleague during a House Energy & Commerce Commitee hearing on the nationwide salmonella outbreak. Basically, every question that is directed at him he refuses to answer at risk of exposing his company and revealing to the media they actually did ship products that were made with ingredients that were contaminated with the salmonella virus.

The following is a political cartoon illustrating the fifth amendment...

This cartoon illustrates how we as Americans cannot be forced to answer to higher figures, such as Government or, as seen in the cartoon above, teachers. The boy is asking if the fifth amendment applies to report cards, and if he has the right to not have to show his report card, which we assume is not very good, to anyone, especially his teachers, principal, and parents.

Fourth Amendment

The fourth amendment states...
      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.


What it means to me...
      This amendment helps protect us from unreasonable search and seizure. Basically, the police cannot enter your home without a warrant and cannot search your person or belongings without a reason to believe they will find something illegal.

The following is a video regarding unreasonable searches and seizures...
This video illustrates how important the fourth amendment is to us as Americans. In the video, a man named Ben Masel hands out t-shirts that say, "Just Say No to Unreasonable Search and Seizure" at the Albuquerque, NM Amtrak Station. He does this in an effort to shine a light on  the Amtrak, which provides DEA with info on passengers, who report unwarranted harassment.

The following video is about police ignoring our fourth amendment rights.

  Boston Police are preparing to go into the city's neighborhoods and knock on the doors of private homes and can search children's bedrooms without a warrant looking for illegal guns in the hands of kids. This is being called The Safe Homes program but many people feel that this is not safe and that it is a violation of our rights given to us in the fourth amendment. The cops cannot be trusted although parents can deny allowing them into their home. There is much controversy surrounding this new program and many are either for or against this. Those who are for it believe they are doing this for the good of the people and are just trying to make the streets safer and get dangerous guns out of the hands of juveniles.


Tuesday, October 4, 2011

Third Amendment

The third amendment states...
    No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.


What it means to me...
    The third amendment basically prevents the government from quartering soldiers in civilian homes during time of peace, unless given consent from the individual. It is very important because it offered protection as well as privacy rights to soldiers from government intrusion. This is also known as inferred privacy.


The following is an excerpt from an article about quartering soldiers...
___________________________________________________________
The Third Amendment and the Issue of the Maintenance of Standing Armies: A Legal History
   by WILLIAM SFIELDS* and DAVID THARDY**

1. Introduction 
The third amendment of the United States Constitution provides that "[n]o Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."[1] Among the legal protections set forth in the American Bill of Rights,[2] few have been relegated to more obscurity.[Page 394] For almost two hundred years, now, it has gone virtually unnoticed. No Supreme Court case has ever directly interpreted the amendment, although several opinions, most notably the case of Griswold v. Connecticut, mention it in passing as one aspect of the right to privacy.[3] Complaints arising under the amendment have been urged in a handful of lower court cases, but most of them have been summarily dismissed as farfetched assertions.[4] In only one instance, the 1982 case of Engblom v. Carey, has a lower court ever been asked to directly apply the amendment in a meaningful context requiring an interpretation of its quartering provisions.[5]
Although the third amendment is today widely taken for granted, to many in the revolutionary generation, its protections were a matter of great importance. The grievance, which the amendment sought to [Page 395] address, the abuses of persons and property resulting from the involuntary quartering of soldiers was one of the major problems associated with the presence of British soldiers in the colonies prior to and during the Revolutionary War. The presence of those soldiers as a group was itself the basis of the larger political grievance and root cause of the Revolution¾the maintenance of "standing armies" in peacetime without the consent of the colonial legislatures. Unlike the other problems attributed to the presence of British soldiers, however, the quartering problem was by its history and nature so intimately connected with the larger political issue of the "standing army," that in the end, the successful resolution of that larger issue for practical purposes rendered superfluous the protections which came to be embodied within the third amendment.
The grievances relating to the involuntary quartering of soldiers and the maintenance of standing armies were the products of a common experience. Their origins and development paralleled; and at crucial junctures in both English and American history they became so closely linked so as to be almost indistinguishable. Yet, throughout their history each of the grievances maintained a separate legal identity; each was addressed in different ways within the United States Constitution; and the solution to the problems of each to a great extent reflected different ideological, historical, and practical considerations. 
2. Early Attempts to Regulate Quartering
   The earliest efforts to curb the abuses relating to the involuntary quartering of soldiers appeared in the charters of towns and boroughs. Examples of those early enactments included Henry I's London Charter of 1130, which contained the passage "[l]et no one be billeted within the walls of the city, either of my household, or by force of anyone else,"[23] and Henry II's London Charter of 1155, which provided "that within the walls no one shall be forcibly billeted, or by the assignment of the marshall."[24] Some of those documents appeared before the Magna Carta, which contained no specific reference to quartering, but did reaffirm the "ancient liberties and free customs" of London and the other cities, boroughs, towns, and ports; seemingly incorporating their provisions by reference.[25] Those charters were the major legal antecedents of the third amendment. [Page 400]
Under the provisions in the early charters, the authority to admit soldiers into the city, and to determine where and in what number they would be lodged, was typically vested in town marshals or constables who were prohibited by their terms from quartering soldiers in a dwelling without the consent of the owner. Soldiers lodged by consent in civilian homes were supposed to pay for anything they took; payment usually being in the form of chits, tallies, or billets that could be redeemed from the government or used in the payment of taxes. The receipts given by the soldiers, however, often proved worthless and the legal prohibitions against involuntary quartering were continually violated.[26] Further, the legal restraints found in the charters were only applicable within their respective locales; ran only to the owners of property; and did not extend protection to the countryside.[27] In an era of limited expectations in privacy, they were more in the nature of a personal right in property, designed to protect and compensate the growing and increasingly influential commercial class of the cities, towns and ports.

During the middle Ages, the manner of organizing, feeding, lodging, and disciplining soldiers suffered from a lack of centralized control; barracks for example were almost nonexistent. Until those problems were solved in a way satisfactory to the general population, legal restraints on involuntary quartering alone, would not prove adequate to remedy the problem.




3. The Linkage of the Quartering Grievance with the Political                                                          Issue of the Maintenance of Standing Armies
Under the influence of the Duke of Buckingham, Charles I had become involved in wasteful wars on the continent against France and Spain. As in the past, professional soldiers were utilized in these conflicts and, as was all too common in the English experience, there were [Page 403] allegations of mistreatment of citizens by the soldiers as they traveled to their passages across the channel.[39] Parliament, which was deeply distrustful of Buckingham and his policies, balked at subsidizing Charles' military ventures. With the king and parliament deadlocked over the issues of taxation and appropriations, large numbers of soldiers found themselves without barracks or money to pay for billeting in inns; and many were left with no choice but to seek quarters in private homes.[40] The popular dissatisfaction which resulted under those circumstances found expression in the Petition of Right presented to the king by the Lords and Commons of Parliament in 1628. Prominent in the Petition was the grievance,
whereas of late, great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants, against their wills have been compelled to receive them into their houses, and there to suffer them to sojourn, against the laws and customs of this realm, and to the great grievance and vexation of the people.
. . . .
. . . and that your majesty would be pleased to remove said soldiers and manners; and that your people may not be so burdened in time to come.[41]
   Although the problem of quartering was essentially an undesirable byproduct of the more fundamental political issue of the king's maintenance of a standing army without parliament's consent, the Petition defined the grievance with a legal identity of its own, and in doing so, its guarantees became an enduring part of the English constitution.
   Charles' disputes with parliament continued as he attempted to raise revenues without parliamentary authority, through such means as the exacting of customs duties known as tonnage and poundage, the reviving of feudal rights, the granting of "patents," and the extension to inland counties of the infamous tax known as "ship money."[42] Eventually the situation evolved into civil war in 1642, with the issue of control of the militia serving as the catalyst.[43] In the ensuing conflict both sides relied upon the use of standing armies; both of which on occasion demanded free quarters and abused the civilian population. Sir Thomas Fairfax, a parliamentary leader, noted of his opponents that:
[they] are extremely outragious in plundering . . . puting no deferanc at all betweene friends and supposed enemis . . . taken al that hath been usefull [Page 404] for them and ript up featherbeds and throwne the feathers in the wind to be blowen away for sport and scaned all the barrels of beere and wine and spilt it in their sillers. They have kid of one mans 1,000 cheese and throwne away much of it they could not ate, many other outrages they commit to large express this way . . .[44]
   The end result of the war was a military dictatorship which furthered the popular aversion to the army.[45] The dictatorship ended in turn with the 1660 restoration of Charles II who restored only a limited royalist militia backed by a standing army.[46] However, trouble between soldiers and the civilian population again erupted during the Third Anglo-Dutch War, and the issue of quartering continued to be a problem even though the era saw such improvements as the abolition of the system of military purveyance;[47] the extensive use of tents as a means of sheltering troops; the construction of a few hospitals and barracks; and increased sophistication in military training and organization.
                                                     <http://www.saf.org/LawReviews/FieldsAndHardy2.html>
__________________________________________________________

   This article talks about the history of the involuntary quartering of soldiers and how it was a major problem associated with the presence of British soldiers during the Revolutionary War. The article also states that no Supreme Court case has ever directly interpreted this amendment and the right to privacy, and that there are many grievances against involuntary quartering and the maintenance of standing armies.


The following is the link to a court case that involved the third amendment...


http://www.cbsnews.com/video/watch/?id=965338n
(double-click the entire link and right click, select "Go to http://www.cbsnews..."


The Supreme Court has never directly addressed the meaning of the third amendment. However, in the case Griswold v. Connecticut (1965), the Court cited the third amendment as one part of the Bill of Rights that evidences "zones of privacy" and a constitutional right to privacy. In this case, the court held that Connecticut could not outlaw the use of birth control by married couples. The court explained that the right to privacy was inherent in the First, Third, Fourth, Fifth, and Ninth Amendments, and that states must honor it. 


  

Monday, October 3, 2011

Second Amendment

The second amendment states...
      A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.


What it means to me...
      Basically, this amendment means that people have the right to own a gun and keep it in their possession. This right to bear arms is very controversial and has caused quite a stir in politics, as well as society in general. People are either 100% for it or 100% against it. Many say that the amendment protects only the right to have state militias-today's National Guard-while others point to it as guaranteeing individuals the right to keep arms for their own self-defense. Personally, I think that people should not have the freedom of owning a gun because many who have one don't use it for the right reasons. Without guns, crime would go down dramatically. People who are for it argue that people have the right to protect themselves. But if nobody had a gun, then nobody would have to protect themselves from others with guns. People should not have to resort to using guns on others to get their points across. It's like taking the easy way out.


The following is an article about gun control...
______________________________________________________________
Law Would Shield Gun Makers from Lawsuits
Could not be sued for illegal actions of gun owners
By Robert Longley

A bill sponsored by NRA board member and U.S. Sen. Larry Craig (R-Idaho), would effectively ban lawsuits against gun manufacturers when their products are used in the commission of crimes.

The Protection of Lawful Commerce in Arms Act (S.397), would prohibit civil lawsuits from being filed against manufacturers or sellers of firearms, ammunition, or components of a firearm for damages resulting from the "criminal or unlawful misuse of a firearm." Lawsuits would still be allowed in cases:

  where firearms are transferred with the knowledge that they will be used in the commission of a crime of violence or drug trafficking,
  where federal or state laws were violated in the transfer of the firearms,
  cases of breach of contract or warranty in connection with the purchase of the firearm, or
  cases of death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner.
The Protection of Lawful Commerce has garnered 56 additional co-sponsors in the Senate, including some key democrats. The bill has passed the House in the two previous sessions of Congress and is expected to do so again this session.
Republican Senators actually killed the bill in the last session, after pro gun control Senators attached amendments to it, including an extension of the now defunct ban on assault rifles and the closing of the gun show loophole.
The bill is supported by the NRA and the National Shooting Sports Foundation, the trade lobby representing gun makers.
Opponents fear the bill would both immunize the gun industry against negligence-based lawsuits and prevent the Bureau of Alcohol, Tobacco, Firearms and Explosives from acting against so-called "rouge" gun dealers.
The bill is intended to address a growing number of active and pending lawsuits brought by individuals and cities against gun makers whose products were used in the commission of violent crimes.
http://usgovinfo.about.com/od/guncontrol/a/gunmakerbill.htm
____________________________________________________________
This article basically states that the National Rifle Assoc. (NRA) sponsored a bill back in 2005 which would eliminate lawsuits filed against gun manufacturers after their products were used in a criminal act. If an individual misuses a firearm, or other type of ammunition, then no lawsuit can be made to the gun manufacturers or sellers. However, there are still some exceptions for example: if the gun is sold knowing it would be used in a criminal act, if the gun is sold illegally or without proper permits, or if death or property damage occurs due to a defect in the design of the firearm. If any of these occur, then a lawsuit may be filed against the manufacturer or distributor. This lawsuit will help to reduce the number of lawsuits filed from individuals and cities just because the gun was used in a crime. Its not the manufacturer's fault that their product got put into the wrong hands.   


The following are two political cartoons about the right to bear arms...
nra cartoons, nra cartoon, nra picture, nra pictures, nra image, nra images, nra illustration, nra illustrations

This political cartoon illustrates why there is such a controversial view on this amendment. Some think that guns are more negative than positive, while others believe guns are a necessity to our society. You always hear the saying, 'Guns don't kill people-people kill people.' Just because guns often fall into the wrong hands, that doesn't mean all guns result in a crime or act of violence.

nra cartoons, nra cartoon, nra picture, nra pictures, nra image, nra images, nra illustration, nra illustrations


This cartoon illustrates the same idea, that 'Guns don't kill people, people kill people.' Members of the National Rifle Assoc. (NRA) are often people who think that guns are very positive. But those who think guns are negative view the members of the NRA as "lunatics with a gun" and that because people have guns, they kill people. Without guns, they would not have done anything wrong.







Monday, September 19, 2011

First Amendment

The first amendment to the constitution states...

   Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


What it means to me...


     This amendment makes it possible for every American citizen to follow any form of religion they choose. Whether they were brought up being taught what religion to follow based on their family beliefs, or they were free to choose based on others influences as they got older, no person is forbidden to believe what they want to believe. It also lets citizens have freedom of speech, as well as our right to disagree and protest the Government's decisions. If we don't like it, we can do something about it.

     The following video describes how religion plays such a major role in our society today.


     A group known as the Freedom Form Religion Foundation put up a billboard sign in Rancho Cucamonga, CA back in 2008. The sign reads, "Imagine No Religion." The Wisconsin-based group behind this national campaign are saying that the sign means people need to imagine what it would be like without all this religious conflict, and they are advocating the idea of separation from church and state. However many are offended by this sign and think it is disrespectful to those who are religious in that area. City Hall apparently received about 90 calls of complaint in about 3 days regarding the billboard. Because of the uproar the campaign has caused, the sign company, Great Outdoor, removed the sign after only about a week.
     According to the Freedom From Religion Foundation, religion has become such a big deal in our society that it is actually killing the idea of Free Speech, which our Founding Fathers put into place for a reason. Everyone is constantly at war with each other over which religion is right and why others are living in sin because of what they believe. Freedom of  Speech is supposed to mean everyone has the right to say what they believe, but having this sign is like telling those who are religious not to believe what they are accustomed to. And if they can't believe it, they can't talk about it. If they are wrong for believing it, then they are also wrong for saying it.

     This video shows how important it is for us to be able to protest what the government does for us.


     Local police departments in the United States and Canada are becoming more and more violent when it comes to protesters. The Federal Government gave billions and billions of dollars worth of military hardware and weapons to police all across the country. They were fearful of the political unrest that the failing economy and other issues can cause in the public, and protests have become more common and dangerous than in the past.
     According to the First Amendment, people have the right to Free Speech and the right to protest or question what the government does. Now the amendment does use the word "peaceably" and that word is not usually used to describe a protest. But people still should be able to speak their minds and disagree with the government. To say one can only have the right to exercise a right once they ask the government for permission first is rhetorical none the less. Actually, it isn't even up to us as citizens to decide how, when, and where we can exercise our first amendment right to free speech. It's up to the government, whether it is local, state, or federal, they have the ultimate say on OUR rights. This totally opposes what our Founding Fathers intended in the words of the Constitution.
     Through this action our ability to peaceably assemble and petition the government has lost all its meaning. In order to make an impact, a protest has to interrupt the natural flow of business and life in an area. But if causing things to work out of the ordinary is illegal, then how can one get their point across? So unless you follow the government's rules and apply for a permit prior to your protest, and you stay within your SMALL designated are and not block business, you can PEACEFULLY petition the government. Not sure how much affect this will have, but at least you won't get sprayed with mace or dragged off by police.