Wednesday, April 30, 2014

14th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th 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 the power to enforce, by appropriate legislation, the provisions of this article.


*Changed by section 1 of the 26th amendment.

The 14th Amendment provides us with 3 very important clauses: 
~The Citizenship Clause, due process clause and the equal protection clause. The Citizenship clause states that all persons born or naturalized in the US are citizens of the United States regardless of their parents citizenship status. Which meant that African Americans, in particular, the now freed slaves are considered citizens of the United States. Once you have/gain citizenship it cannot be taken away from you unless you get caught lying during the citizenship process of you give up your citizenship freely. 
~The due process clause of the 14th Amendment prevents your first amendment rights of “Life, liberty, and property” from be taken away from you WITHOUT the due process of the law i.e., trial by jury, so on and so forth. 
~The Equal protection clause states that can be no discrimination by law, everyone receives the same protection under and by the law. 

America is currently considering repealing the birthright citizenship. 

81562 600 Immigration Anchorites cartoons




This Picture displays the true anchor babies. The definition of Anchor Babies is used to refer to a child born to a noncitizen mother in a country which has birthright citizenship, especially when viewed as providing an advantage to family members seeking to secure citizenship or legal residency.


13th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress January 31, 1865. Ratified December 6, 1865.
Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th 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.



President Abraham Lincoln pushed for this 13th amendment to support his Emancipation Proclamation which free all slaves from the south. The 13th amendment made all slavery and involuntary servitude illegal in the United States unless someone was convicted of a crime. Essentially, those convicted are “slaves” of the land and are forced to work against their free will to serve as punishment for their crime. Citizens cannot force or be forced to work off a debt even if you are being paid to work. 
Current Day thoughts with Modern Day Actions? With the Donald Sterling Fiasco is this how  most feel?



MIssissippi Finally Ratifies the 13th Amendment in 2013. After the clerical error from them trying to ratify it the first time in 1995. 

12th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress December 9, 1803. Ratified June 15, 1804.
Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.
The electoral college vote held in a 3rd Grade Classroom. Kids always say the "darnedest" things and reveal simple truths adults ultimately miss. 

THe states that "Matter". The states that are frequented  on the election run that Matter in the electoral college. 

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 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.

*Superseded by section 3 of the 20th amendment.

The 12th Amendment outlines the guidelines for the Electoral College selecting a president. Before this amendment each candidate would run for presidency by themselves whoever won the majority of votes became the president and whoever came second would win Vice Presidency. The problem with this is that the president and vice President could and have been from different parties. So to avoid that problem each elector now has to place 2 separate ballots one for for president and one for vice president vs. picking two people for president to ensure the president and his vice president are in office together should the president be unable to serve his term. Article II section 1 ties into the 12th amendment by listing the presidential eligibility guidelines: must be 35 years old or older, a naturalized citizen, and lived in the United States for a certain amount of time. It was also strongly suggested but not required that each candidate for president and vice president be from different states. 

11th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress March 4, 1794. Ratified February 7, 1795.
Note: Article III, section 2, of the Constitution was modified by amendment 11.
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 clip discuss how several Latin American countries and Mexico tried to sue the state of Arizona because of how they were treating the immigrants.
 

States are allowed to sue each other under special circumstances which are heard by Congress. Other than that no citizen can have a suit against a state.



The 11th Amendment came into play after the Supreme Court case Chisholm v. Georgia. The 11th Amendment states that the states and the federal government have sovereign immunity, they can do no legal wrong, and cannot be sued unless they waive their immunity. 

Friday, March 21, 2014

10th Amendment

copied from:http://www.archives.gov/exhibits/charters/bill_of_rights.html

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.
Simply put Newt suggest diminishing the power of the federal government and increasing the state powers....much like the antifederalists. 



Political Cartoons by Nate Beeler
Does this violate the states rights? 

The tenth amendment lays out the power of the States, or to the people. The States of the people have all the power except what the constitution gives the government, and what the constitution says the States can't do; expressly-(not listed in this amendment) is the word that gave power to the states in the Articles of Confederation. And Implied powers come out of the “necessary and proper clause” (article 1, section 8, clause 18). James Madison said “without this clause the constitution would be a dead letter.”

9th Amendment

copied from: http://www.archives.gov/exhibits/charters/bill_of_rights.html

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

Lawrence v. Texas 2003. Arrested for having "the wrong type of sex'?! Consensual sex between adults in the privacy in their home...and you get arrested for it. Unfair? 


It is a right to have privacy in your own home/bedroom.


The 9th amendment talks about rights that haven't been listed. Just because certain rights aren't listed specifically, the constitution may not say we don't have them. It brings about the idea of privacy. The Supreme Court defined itself by saying it's the courts obligation to define the liberty of all, not to mandate it's own moral code.  

8th Amendment

copied from: http://www.archives.gov/exhibits/charters/bill_of_rights.html

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



http://www.cnn.com/2014/04/30/us/oklahoma-botched-execution/
~This article covers the recent botched execution of a man on death row in Oklahoma. The medication wasn't properly administered and the man suffered a heart attack and died an hour later than his scheduled execution. 


The 8th Amendment allows bail to compromise the need for one to show up for trial while allowing him/her to continue to support a family conduct other business obligations, it cannot be excessive and is proportional to crime and ensure that the accused will return for the trail. Bail is not a right, a judge can deny it for capital (murder) and violent crimes if accused poses a flight risk or other reasons set by law. The 8th amendment also protects the accused from cruel and unusual punishment.