Sunday, December 6, 2009

The Final Amendment

The 27th amendment

This site states the amendment and gives us a breif history of how and why this came to be a part of our American Constitution. If the average American can't choose what their next pay increase will be why should the people we elect to represent us get to? I am not ok with this and the 27th amendment is what protects it.

Congressional Compensation

"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 was propsed at the same time as the bill of rights and was accepted more than 200 years later. This states that the congress cannot approve a raise for themselves. If one is ratified, then it will not take effect until the next election of house and senate.

No pay raise

This article describes the history of this amendment and why it was finally added in 1992.

Youth Voting




This video talks about the importance of youth voting especailly for the 2008 election. As a youth myself, I feel that our voice is one of the most important because as the saying goes, the children are our future. Voting as a youth, is choosing my future.

Can serve and now can vote

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.


This amendment is the one that lowers the voting age from 21 to 18. The thought behind that is that if an individual is old enough to serve in the military they are old enough to vote.


Youths vote

This article talks about the percentage increase of youth voters for the 2008 elections. As a youth voter, I felt obligated to cast my vote to choose who will represent me. Being able to vote at the age of 18 connected me to my true patriotism.

Halo meets the 25th amendment



As a fan of Halo and Rooster Teeths RvB, I find this video rather great. The voice in this video gives a discription of the 25th amendment. The skit performed in this video gives a direct idea of how the 25th amendment could be inacted despite the fact that the odds of the Zombie Apocolypse is slim to none. With the miraculous mixing of Halo, the 25th amendment and Harry Potter theme music, we have a comedical understanding of the 25th amendment.

the 25th 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 gives the terms of the vice presidents actions regarding the death or impeachment/resignation of the current president. This also gives the duties of the vice president should a president fall ill and unable to fullfil his duties.

Reagan and the 25th

In this article, experts dispute rather or not Reagan relingueshed his powers temporarily to Bush appropriatly. It is found that Reagan had followed the appropriations set down by 25th amendment.

Time: a poll tax?



This video is very interesting in terms of the way we think of poll taxes. Would you have ever considered your time as a poll tax? I know I never would have. However, I never experienced such time delay in voting. in the 2008 election, I was in line, cast my vote, and submitted my ballot all in under 10 minutes. Did you experience these long lines where you voted? 

The 24th 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.

 
This law bans any restictions on an individual to participate in any federal election. This amendment is what gives every citizen the power to decide who represents them in our federal government.
 
How Georgia got around the anti-poll tax
 
In 2005 Georgia implemented a law that you must have a voter ID card in order to vote. This can be considered a poll tax being that many people may not be able to afford the card but still want to vote for their candidate or representative. Do you find this fair?

Number 23(Not featuring Jim Carrey)

A brief history of the 23rd

This notates a brief history of the 23rd amendment. It explains the growth of the city since its founding and why there should be electoral representatives for the people living in this city.

23rd

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 twelth article of amendment.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

 
This amendment is the one that appropriates the electoral college candidates for the District of Columbia.
 
The electoral college
 
This website has information on the electoral college. What it does, who is apart of it, when it was started, etc. Take a look and learn a little bit more about the processes of the electoral college.

Repeal it?

Repeal the 22nd amendment

This article provides an insight as to why we might consider repealing the 22nd amendment. I understand that we created this amendment to prevent from a monarchy but as it states in the article, a british prime minister is can be re elected so why can't a president. If for example, we were to go through the Cold War again, do you think we would be able to act like we did in the past with the guidance we have now? Or would you like to be able to have someone who has had experience in office leading us against the same situation.

Friday, December 4, 2009

The 22nd amendment(no witisicms for this one)

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 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 amendment limits the terms of the president to only 2 4 year terms. The longest serving president was Franklin Delano Roosevelt who served 12 year 1 month and 8 days. President Roosevelt passed on April 12, 1945 from Cerebral Hemorage. His last words were "I have a terrible headache" He was the ONLY president to serve more than 2 terms.



This video is a reading of the 22nd amendment by Rev. Timothy McDonald. For me hearing this amendment makes it a little easier for me to comprehend than reading it myself.

December 5th, the anniversary of the repeal

Repeal Day

December 5th is the official day that Prohibition was repealed. This website gives a brief history of the aftermath of the repeal as well as a look into some radicals who want to recognize Repeal Day as a national constitutional holiday. I can see where they are coming from though, it's just another day that gives reason for us to celebrate our free rights!!!

The legalization of booze

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. Effect of Repeal



This amendment repeals prohibition. It is now legal to sell, import, export, produce, and drink liquor. Was it because men were too stressed about women being able to vote? Was it to cut back on crime and underground "rum runners"? Whatever the case is, the repealing of this 18th amendment lifted the restrictions of alcohol and destroyed the power that the "mob" bosses had over the underground booze business.

States and Repeal

This article written September 25, 1933 gives a brief listing of the states that voted for repeal of the 18th amendment. The converstation footnoted at the end of the article between President Hoover and Arthur Race gives a little bit more insight to the opinion of the bootlegging and speakeasy industries.

In 1932

1932, The 20th amendment

This article is from March 14, 1932. The ratification of the 20th amendment was in process. This amendment changed the dates that congress would open and when the president would be inaugerated. Instead of being inaugerated on March 4th, it now occurs on January 20th.

20th of January

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 declares when a president and vice president begin their terms. It also explains the steps to follow in case a president dies prior to the beginning of their term or if no president is elected.

The 20th amendment and its purpose

This gives the direct reason for the amendment and what it does.

Suffrage: the right to vote



We all remember School House Rock on Saturday morning cartoons right? Well this is a School House Rock video on women's suffrage. Take a look back when women were fighting for the right to vote and realize now that we have had a woman as a presidential nominee.

Women's Suffrage

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 sex.


Section 2: Congress shall have power to enforce this article by appropriate legislation.



This amendment is what gave women the right to vote. Thought all US citizens were given rights, women were still considered second class citizens. This amendment gave women the ability to stand up and become the strong women that we are today.

Women's suffrage: an interaction

This is an interactive website to explore events in during the campaigns for women's suffrage. Please take a look. I found this site very informative and I hope all women will feel the same way...and maybe some men too.

Prohibition



This video gives an insight to the acts and effects of prohibition.

Prohibition Reigns

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 is the amendment that began prohibition. Prohibition became a big part of our countries history especially for the crime bosses and families of this nation. During this period, speakeasies began to become very popular hideouts. In order to enter a speakeasy, you had to have a secret password. Once in these often underground dens, there would be booze and women as well as poker and cigars. There were several raids on these types of hidden bars. When one would be found, the police would go in and conphiscate all the booze and often burn it or dump it. Due to this era, bootleggers flourished in the underground making of moonshine or whiskey. Those moonshiners would often be raided as well, with equipment being conphiscated and/or destroyed. Though booze was illegal, it was still a flourishing business in the underground.




Carrie Nation was one of the main protestors to gain prohibition. She physically went bar to bar destroying booze.

The 17th amendment media



As I'm finding media to include with this amendment, I'm realizing the amount of people that are opposing it. I being one of them, agree. I believe we should be a constitutional republic instead of a federal ran democracy.

Thursday, December 3, 2009

The 17th Amendment

Clause 1. 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.




Clause 2. When vacancies happen in the representation of any State in the Senate, the executive authority of each 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.



Clause 3. 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.


This amendment is to help provide guidelines as how we will elect our representatives. This also gives the representatives guidelines on how to acheive the position.

Repeal the 17th amendment?

This articles gives reason as to why one would think about repealing the 17th amendment. We do not get to choose who our elected state representatives decide will be our national representatives. Where do you stand?

A breakdown of the 16th amendment effects



This is a breakdown from the Bureau of Economic Analysis and Tax Foundation. This gives a breakdown of the amount of days and individual works just to pay taxes.

The 16th 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."

This amendment gives congress the power to impose taxes but makes it to were they must take out taxes within proportion to the amount of money and individual makes. I.E. if the taxes are 15% and a person makes $1000 every other week, then the taxes taken out will be $150/check

The history and purpose

This amendment keeps us from being taxed to the extent that we cannot make profit from our efforts.

The cause and effect of the 15th amendment

The history of the 15th amendment

This article gives a little insight as to why the 15th amendment was instated and the immediate impact it had on the northern blacks.

Wednesday, December 2, 2009

The 15th 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.

This amendment gives all citizens the right to vote. No matter their race or history. This is the last of the civil rights amendments.



This image depicts the first African American voting at the polls. Though a Poll Tax was required at many polls, the African American people did not let it hold them back from using their voice.

Sunday, November 29, 2009

14th amendment

Plessy vs Ferguson manuscript

This is the full manuscript from the 1896 case of Plessy vs Ferguson where a 1/8th african man was asked by a non discriminatory railway to vacate his coach seat and proceede to 2nd class. The ruling was that the seperate cars act did not violate the seperate but equal act.

Monday, November 23, 2009

The 14th is enstated.

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 article entails many subjects. First it states that anyone naturalized or born into the US, is a citizen. When this amendment was created, it used the words naturalized to include the slaves of the south and the natives who were here prior to us. Second is the voting rights of a 21 year old male in the USA. Any man that is 21 counts as a whole vote. Anyone under 21 or female is disregarded under this amendment. The third states that there shall not be anyone with a criminal past elected to any official status and if done so may be removed with a 2/3 vote from each house. The fourth section says that America does not negotiate with terrorists or provide payment for disgruntled slave owners or rebels. And lastly, the Congress have the power to enforce this amendment.




This video discusses what the 14th amendment really means and the history behind it. Do you agree?

Some more 13th amendment


(Slavery is a problem around the world and very difficult to measure. The following examples are listed in geographical order and not in terms of the magnitude of the problem.)


1. US: An estimated 20,000 people are trafficked into the US annually - many are forced into prostitution.

2. Dominican Republic: Campaigners say hundreds of thousands of Haitians are rounded up near the border and made to work on Dominican sugar plantations.

3. Brazil: Up to 25,000 people are said to be working as slave labourers - most of them clearing Amazonian forests.

4. Mauritania: Despite its abolition in 1981, chattel slavery is still strong - up to 1m people are allegedly held as "inheritable property".

5. Sudan: Campaigners say northern militias continue to take women and children in slave raids in the south.

6. Europe: Tens of thousands of women and girls are cheated, abducted and forced into prostitution right across Europe.

7. UAE: Every year hundreds of boys are reportedly trafficked from South Asia to the UAE and other Gulf states to race camels.

8. Pakistan: Men, women and children are bonded into forced labour in agriculture and industry, campaigners say.

9. Burma: Forced labour is reportedly used on a growing number infrastructure projects.

10. Thailand: Thousands of girls are sex slaves for tourists.



(Sources: ILO, American Anti-Slavery Group, US state department.)




The image at the top is a map showing the geographical points of modern slavery in the world. Below it is more information regarding the type of slavery and trafficking in the areas. If you take note, USA is listed as 1 but yet we've abolished slavery.

The big 13

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.

This is the amendment that abolished slavery. This began the real definition of a free country. With this legislation, humans were no longer bound and beat but given their own piece of the American Dream.

Here's an article regarding modern slavery...and you thought slavery was dead :(

Modern Slavery

Unfortunately illegal slavery is still occuring to this day, even in America. Most commonly on our shores we have debt slaves and sex slaves. We don't neccessarily see this as slavery but when a human is forced to provide service, sexual favors, or labors without pay, this is considered slavery. Can we fight it? Are you ok with knowing this is still occuring? What will you do to help?

Thursday, November 12, 2009

Something a little more recent

On this page, you will find the happenings of the Texas Electors Lawsuit against Cheney's Wyoming residence. I chose this as a perfect example of the 12th amendment because this hits us closer in the time. What would have happened if this had been ruled constitutionally incorrect?

Texas Electors Lawsuit

Would Cheney still have shot Harry Wittington in the face had he not become Vice President if the 12th had really been enforced to its strictest?

The 12th Amendment

"The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and 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, 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."

This amendment provides distinct guidelines on how a President and Vice President shall be elected. This is a very crutial amendment and provides us with directions of how and where our electors vote. We choose our electors who vote for us in the electoral college. This ensures that the people we place our voting trust in do exactly what they're supposed to do.



This video gives a brief overview of the use of the electoral college.

Monday, October 26, 2009

11th amendment video



This video gives more depth into the 11th amendment and how it grants immunity from federal ruling in a suit against them.

Amendment number 11

"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"

This states that the United States does not have jurisdiction in a lawsuit against a state from an individual. This gives the state a level of soveriegnty.

The reason the amendment was ratified, was the case of Chisholm vs Georgia.

Chisholm vs Georgia

It is unfair that the US forced Georgia to pay despite their sovereign choice to not attend. I feel that this amendment is a positive impact because if it was not their, many people would sue the states in hopes that the US government would grant them their suits without representation from the state.

A display of power

This article displays the individual power that the states have over the federal government.

War Bonds Retribution

Numero Dias

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

This amendment basically states that the power the federal government has is that in which we as the people and the states give them. This is the amendment that keeps the people in power over what the federal government does and does not do.

9th amendment

The 9th amendment is a silent one that gives Americans rights that they don't even realize. We have rights that are stated outside the constitution. Many laws that we are faced with can be considered unconstitutional if fought against under the 9th amendment. This amendment gives us the implication that we have the right to privacy.

In Virginia a man is being charged with indecent exposure in his OWN HOME!!!

Indecent Exposure

I am in utter disgust that this woman can have charges on this man for indecent exposure when it was her that stopped to look long enough to take photos. Had it been a man stopping to take photos of a female, it would have been peeping tom charges and she would have had his ass put up as a sexual criminal. I think this woman should be charged for taking photos of a naked man while he was in his own home.

the 9th amendment

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

This amendment states that though the rights listed are set in stone, there are other rights of the people that are not listed and due to this amendment, they are protected.

For example, we have the right to dance and listen to music (forgive the Footloose reference) but it is not stated in the constitution that we have the right to dance and listen to music. This is an implied human right and tradition.

Speaking of Footloose, this was a modern day Footloose issue in Arizona.

#8 Do no look ahead if you have a weak stomach.


DO NOT CONTINUE IF YOU HAVE A WEAK STOMACH OR ARE EASLY DISTURBED.
This is my disclaimer.
*
*
*
*
*
*

These two pictures(top row) are of Allen Lee Davis (Tiny) during and after his execution in a Florida electric chair on July 8, 1999



Pictured left is a convulsing body during the electrocution process. Right is a picture of an electric chair. These chairs would have a person strapped in with arm and leg restraints, a wet sponge would be placed on the persons head and the person would be blind folded and gagged. Then, a head restraint would be placed with what looked like a metal helmet on top. The switch would then be flipped and the person in the chair would suffer excrutiating pain from jolts of electricity almost greater than lightening almost every time endind in death.

If you notice in the top pictures, the hair on his head is completely gone, eyebrows are singed, the skin is severely burned, and he has hemoreged causing his nose to bleed profusely. These are the effects of the electric chair more often than not. The stench from the elecrocuted human flesh and hair would have been nausiating.

Is this cruel and unusual punishment? You can decide for yourself.

Number 8

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



The excessive bail and fines imposed protects the minor offenders. This is so that someone speeding doesn't get a $1500 fine for doing 10 mph over. Thankfully we have this amendment or we would suffer financially from fines and bails that are excessively unneccesary.

Cruel and unusual punishment ban is an absolute neccessity for a just system. If you steal a candy bar and the store clerk breaks your finger for it this is a cruel punishment for something that could have been settled monetarily.

Do you consider the electric chair cruel and unusual punishment?

This article talks about the supreme court ruling it unconstitutional.

Cruel and Unusual Punishment
Personally I agree with this. I am not against the death penalty but I don't believe in torture. I understand why many may believe in the "eye for an eye" methods. If someone tortures and kills another then they should have a slow agonizing death...I can understand why someone would agree but torturing another doesn't bring back the souls that were lost. I think that a more humane death penalty would be more productive for the heinous criminals that deserve the death penalty.

Navigating Small Claims

Friday, October 23, 2009

Small claims

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

This amendment inhibits the use of small claims courts. Which brings about Judge Judy and other television judges.

This amendment has been interpreted differently to fit in with the modern times. Think, back when this was written $20 was quite a bit of money. Today the monetary amount has risen.

"Any person or business with a civil claim that does not exceed $3,000.00 may bring a suit in small claims court. The $3,000.00 limit does not include court costs and interest on the $3,000.00 which the judge may award you. You may still file a claim if the amount exceeds $3,000.00. However, if you choose to do this, you give up your right to claim any amount exceeding $3,000.00 both in your present suit and in any other claim involving the same person or business and the same issues."

Missouri Bar

His 6th amendment right

In this story, a man is pleading to maintain his legal citizenship after being given bad counsel advice in a 2001 drug trial.

His 6th amendment right

The fairness of this article is complicated. The defendant did plead guilty to drug charges but now faces deportation despite having legal citizen status. Is this a fair deal? What about others who may or may not be facing deportation due to guilty pleas upon advisement of their attorneys? I agree with the idea that judges should include the disclaimer statement. It is unfair that a defendant pleads guilty unbeknownst to them that they could be facing deportation afterwards.

Nummer Zex

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.




As stated in the 6th amendment, the right to a speedy and public trial is stated. This is open to interpretation depending on who you are. The wait time between charge and trial can take months even up to years. I personally do not find this speedy. That's too much time in between for one to change their story, witnesses memories fade, facts get twisted. Public trial by an impartial jury is something I can agree with. This prevents the judge from making a biased decision based on your crime and it allots for a non bias jury to present your verdict. The State and District wherein is a preventative measure to keep one who commits a crime in KC,MO from getting charged in KC,KS. If one flees from a state in which the crime has taken place, they cannot be charged in another state should they be apprehended. They must be returned to the state in which the crime was committed in order to be charged. One must be aware of the charges that they are on trial for. The next part I don't completely agree with either. If I am a witness to a murder I do not want the murderer on trial to know that I am the one bearing witness against them. This statement is why we have the Witness Protection Program. The ability to choose a witness to vouge for you is a privilege held by the Constitution. The access to council is also a privilege. Fortunately for many of those who commit crimes, they can hire someone that can talk their way through difficulties for them. For those who are not very intelligent speakers, this is quite possibly a life saver.
 
 
Speedy Trial



Friday, October 16, 2009

Under the 5th

Under the 5th amendment my property, my personal testimony, and my right to have a jury present is protected. Nor can I be subject to loss of life liberty or property. As an American citizen, I value this amendment.

In other countries around the world, people may be held imprisoned, tortured, even murdered for crimes they may or may not have committed. With having the statement that no one can be punished for a criminal offense without a grand jury, I am protected.

It is common now to watch a tv shoe where someone is on trial in which they plead the 5th. This is not something that only people on tv are capable of doing. If one finds themselves in a cross examination on trial, in order to not convict themselves, they must be careful with what they say. The cross examiner is looking for you to slip up and bear witness on yourself. You have the right to not be a witness against yourself, only under our 5th amendment.

One of the bigger fighting issues is the just compensation issue. If a government run organization wants to utilize your property for any sort of public us, be it public building, highway or road, or public entertainment/recreation facility, you must be compensated for that which you have given up. The standard of compensation is the fair market value of the property at hand. If we were in many other countries, the government may be able to just walk in, kick me out and take over my house for any other purpose and I am very thankful that our government cannot do that.

I plead the 5th

No person shall be held to answer for a capital, or otherwise infamous crime, unless on 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.



In this one amendment, so many items are covered it's kind of hard to interpret. The first part of this one means that no one can be prosecuted for a major crime without the use of a grand jury. I.E. If I kidnapped someone I could not receive punishment for it unless I had been tried in a court with a grand jury present. Unless, it was a crime committed within military services during time of war. I.E. the instance where the US troops took advantage of the Iraqi prisoners, tortured, beat, even killed them. Photos were released, an investigation was put into effect, and an independent panel was formed to review the evidence. Several were found guilty, demoted, fined, discharged, and other several criminal punishments were instilled.

Here is one of the photos released.



Next is the issue of Double Jeopardy. No person shall be charged of the same crime twice. For example, the OJ trials. When OJ was convicted of not guilty, and they found the bloody glove as new evidence. However, because OJ was found Not Guilty under the 5th amendment, he could not be tried again for that crime despite new evidence.

One shall not be compelled to be a witness against himself.

To take the 5th, is the refusal to testify on the ground that the testimony might tend to incriminate the witness in a crime, based on the Fifth Amendment to the Constitution which provides that "No person....shall be compelled to be a witness against himself," applied to state courts by the 14th Amendment. The term became famous during televised Senate committee hearings on organized crime in 1951, when a series of crime bosses "took the Fifth."

No private property shall be taken for public use, without just compensation.

For example if I own my house and the government wants to build a freeway in it's place, they must pay me fair market value in compensation for my house.

Another example is here: Just Compensation Case

Friday, October 9, 2009

Nobel Peace Prize, Really?

As of the morning of Friday Oct. 9, 2009 Barack Obama is the official winner of the 2009 Nobel Peace Prize. But for what reason? Barack has given 3 speeches promoting peace and APOLOGIZING for our nations economic gluteny. Really? Basically this is saying that Obama has promoted the idea of peace. How about when Clinton negotiated the release of 3 US citizens from Korea a few months ago? That was definately not award worthy : / How about the individuals who serve in the US Peace Corps everyday, or those who serve in our military to "help bring PEACE to the middle east" or how about those protesting their tyrannical governments putting their lives out there for the peace of their countries? If non of those are award worthy, then how can we promote that talking about the idea of peace is Nobel worthy let alone little more than news worthy. I speak of peace everyday, I speak of solutions for peace, many of us talk about the peace movements everyday. Why is it that the recognitition of this glorious prize goes to a man who only speaks of peace but has yet to provide solidified evidence of potential worldly peace?

Yes, we can take pride in knowing that our president has been awarded the NobelPP but Jimmy Carter was awarded it in 1997. Can we take pride in knowing that one of the most prestigeous prizes has been awarded to someone who has yet to earn it? Speeking of peace and creating peace are two different stories.

Friday, September 25, 2009

Political Violence

Not only are the political policies at hand an issue with potential violence, the race card is as well. Many Americans, unfortunately, are still racist. However, the issues of political violence cannot solely be blamed on the acts of racism. Many Americans are upset with the current administration for the acts of changing our American society. This article shows the fears of Nancy Pelosi, Speaker of the House, FBI, CIA, and other political leaders on the potential for political influenced violence.

Keep in mind that less than a month ago, close to a million people were at the front door of the white house, PEACEFULLY. Though people fear that political based violence may occur, keep in mind the 60's when peaceful protesting was quite common against the Vietnam War. We as Americans are not neccessarily a violent people, but we will not sit idly by as our freedoms are at stake.

Pelosi Fears Political Violence

Immigration Reform?

Ever since the talks of Healthcare Reform, one of the major issues has been whether illegal immigrants will receive the public option healthcare. Or will they be granted amnesty by the Obama administration, thus surpassing the issue of the legalization process. Here is a little comfort that we can hope for. CNN reports on the upcoming issue of Immigration Reform and where the Obama administration stands on it.

Immigration Reform

Looking to the current polls of the Obama administrations approval ratings, it seems that when the November senatorial elections arise, we may very well see a shift in opposition to the current policies that are trying to be passed.

Monday, September 21, 2009

The only exception

The only exception of the 4th Amendment is that in an emergency in order to save or protect a life.

To read more please see: The exception

To some this may be a mortifying experience after being traumatized. To know that the emergency personel will have free access to your privacy without legal documenation may cause mental anguish especially in those who have something to hide.

I feel that in this instance an emergency personnel has the right to enter a private situation for the emergency purpose but should not be able to exploit the contents in the situation. A warrant may be issued and then the contents of the situation exploited but not until the warrant is obtained.

Where do you stand on the extingent circumstance?

Are we losing our 4th slowly but surely?

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.


My last American Government proffessor(long story) was very concerned with the usage of our 4th amendment. He said that we are slowly forgetting our 4th amendment. This is why:

Under the 4th amendment, a U.S. citizens privacy is protected. However, do to fear of the government and law enforcment officials, we are slowly giving up that freedom. I.E. if a police officer knocks on the door, you do not have to let him in unless he has a warrant or probable cause.

If you are stopped by an officer, they cannot search your car without consent from you, probable cause, or a warrant. Many people are relinqueshing their 4th amendment rights by giving consent out of fear.

This is a story of someone who did not relinquesh his 4th amendment right.




Read the story here: Warrantless Search Refusal


The 3rd in a cartoon




Image provided by ACLU.org

This political cartoon is a great example of what could happen if the 3rd amendment was not in place. Certain rights that may seem mundain and uneccessary could allow for the government to be more intrusive than they already are if we do not keep an eye on our rights.

Can I stay at your house?

The third amendment:

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.

After our discussion in class the other day, I've come to a closer understanding of this amendment. This protects the residents of a home from being forcibly bullied into giving up their space, providing food and clothing, and allowing personal access to their lives whether it be in time of war or peace. Unless ordered by the law, a family does not have to quarter soldiers in their homes against their will.

See Quartering Act at http://www.harlingen.isd.tenet.edu/coakhist/amrev.html

This is an instance as why we have the 3rd amendment.

The 2nd Amendment #2

When it comes to the right to bear arms, where does it stop? We're allowed to carry rifles and shotguns for hunting. We can legally carry pistols and revolvers(IDK if this a modern gun or not, I'm not very gun savvy). We are allowed to conceal and carry at the age of 24. Under the 2nd amendment we are allowed to have guns for hunting, military/militia use, and self defense. It does not permit us the usage of weaponery for the use against another individual just for the purpose of killing. I respect that people enjoy their rights to guns and that some people see it as a neccessary for their lifestyle. Do you think this is an OK promotion? Gun giveaway with no background check as long as you have some sort of gun safety knowledge? I'm not sure how I feel about this but I know that it's not sitting to easy with me. But it is the rights of whomever wants this AK-47 under the 2nd amendment.

http://www.msnbc.msn.com/id/32918771/  

Wednesday, September 16, 2009

What about the 2nd Amendment?

The 2nd Amendment

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.

_________________________________________________________________________________

This amendment gets into the issue of what is considered a militia and what is the extent to what arms can be beared and for why.

Militia

Main Entry: mi·li·tia


Pronunciation: \mə-ˈli-shə\

Function: noun

Etymology: Latin, military service, from milit-, miles

Date: 1625

1 a : a part of the organized armed forces of a country liable to call only in emergency b : a body of citizens organized for military service

2 : the whole body of able-bodied male citizens declared by law as being subject to call to military service



As defined in a Merriam-Webster Dictionary, a militia is an organized militant group ordained by the law. Which puts into realization that a group of men who carry guns saying that they are fighting for our rights, does not constitute them as a militia. A militia acts when called on by the law or if a situation where the federal government acts against the common people occurs, the militia is the peoples army.
 
Here is a US national militia directory. Included on this site is a list of every active state militia by county/city.
http://www.constitution.org/mil/mil_us.htm 
 
If a group is not regulated by law officials but calls themselves a militia and act against the people to "prove a point" they cannot be considered a militia they are just another gang. We spend thousands of dollars a year on gang related inquiries, but we don't investigate into a group who declare themselves a militia. The word militia is not protected by the constitution but the definition is. What defines a militia is that they are retaliating an attack from a federal position, called upon by those who regulated them, and for the protection of the people of their state.

My late preamble entry #2

pre.am.ble  /ˈpriˌæmbəl, priˈæm-/  [pree-am-buhl, pree-am-]

–noun

1. an introductory statement; preface; introduction.

2. the introductory part of a statute, deed, or the like, stating the reasons and intent of what follows.

3. a preliminary or introductory fact or circumstance: His childhood in the slums was a preamble to a life of crime.

--------------------------------------------------------------------------------

Origin:

1350–1400; ME < ML praeambulum, n. use of neut. of LL praeambulus walking before. See pre-, amble

__________________________________________________________________________________

The word preamble is just a simple everyday word, but to an American it is so much more.
To an American the word Preamble means the ability to speak. To speak for ourselves, to speak of our families, to speak for our country. Without the preamble that states, "WE THE PEOPLE" we would not be a people we would be the servants of our government, where it is our government which serves us. WE THE PEOPLE gives us the power to choose those who speak on our behalf. We have the power to speak against those who act against us. Without WE THE PEOPLE we may not be a united country. So stand up and become WE THE PEOPLE!

My late preamble entry

WE THE PEOPLE of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessing of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

What does this mean to me? Just this paragraph alone means that as a people of this country we have the capability to run our own government. The people that we promote and elect work for us. We have the power to tell them "No, we don't want government run healthcare" or "Yes, we want more funding for public schools." As a people we can stand up for ouselves as a country against the wrongs of those who may not want to promote a country but promote themselves. As a people we have the right to decide what is best for ourselves, our kin, and our country. One voice may not have enough power to change but as a people we have a voice of millions.

An example of when we had the power of We The People was the Civil Rights Movement. see: http://www.encyclopedia.com/doc/1O119-CivilRightsMovement.html

The impact of the Civil Rights Movement on Washington is still relevant today. We no longer have the seperatism and the acts of violence towards the minorities that we did at the beginning of the 20th century.

As a member of this country, seeing that banning together as one can have a lasting impact gives me hope on the tribulations we face in our future.

If you are not happy then stand up and let your government know. Keep in mind to not just tell them you don't like something but give them a way to fix it.

As a people we have the voice of power.

Government Run Student Loans

I just want everyone to know what this Healthcare Reform has been shadowing. As we take more notice of the Healthcare Reform, underlying is the Student Loan Reform Plan. How many people will actually be able to get their loans under FFEL? As a student under the age of 24, my financial aid capabilities are limited. My parents are middle class Americans, making too much to qualify for aid but don't make enough to get ourselves through. Even though I pay my own bills, make my own income, and live on my own, because I am not 24 I have to rely on how much income my parents make. Which means I am only qualified for student loans. I am completely uncomfortable with a program in which the government has 100% control of student loans. In 1993, the direct loan was a "public option" and as of this week, the house will most likely pass the Student Loan Reform making the "public option" the only option. For more information, see this article.

http://www.time.com/time/politics/article/0,8599,1924128,00.html?cnn=yes

Friday, August 28, 2009

AHCA.ORG - Save Our Seniors Petition

http://www.capwiz.com/ahca/issues/alert/?alertid=13862401&type=CO

Go here, type in your zip code.

on the page that pops up, scroll down until you see a box that says sincerely then an empy box. Put your name in the empty box. Scroll down and fill in the rest of the information. If you would feel like helping the facility I work at, under the box that says facility put Blue River Rehabilitation Center and in the parent company box put Skilled Healthcare. If you don't care to help with my facilities competition atleast fill in your information and click send.

Keep in mind you'll be helping to save my job, my mothers job, and thousands of other individuals jobs as well.

Wednesday, August 26, 2009

Amendment 1 (cont'd)

SOUTHFIELD, Mich. (AP) — A Muslim woman on Wednesday sued a Michigan judge for telling her to remove her headscarf in his courtroom, claiming he violated her First Amendment right to practice her religion.

Raneen Albaghdady, 32, says she felt humiliated when Wayne County Circuit Judge William Callahan ordered her to remove her hijab at a June 16 hearing in his Detroit courtroom. The headscarf, which does not cover the face, is worn by many Muslims in the U.S.
"This is the country and the land of freedom, and we're not supposed to be treated like this for the scarf," the Dearborn Heights woman said at a news conference Wednesday at the Southfield headquarters of the Council on American-Islamic Relation's Michigan chapter, which joined in the federal lawsuit against Callahan and Wayne County.
A courtroom video of the hearing shows Albaghdady appearing before Callahan wearing a loose headscarf.
"No hats allowed in the courtroom," Callahan told her.
"This one?" she asked, touching her scarf. "Ah, OK. It doesn't matter."
Albaghdady pushed back her headscarf for the rest of the hearing on her request to change her name. Callahan denied the request on technical grounds.
"Judge Callahan and the court have the greatest respect for spiritual practices and all religious preferences," Callahan said in a statement released by the court. "Had he been informed that the head covering had some religious significance, the judge would have permitted Ms. Albaghdady to continue wearing it in court."
Albaghdady, a native of Iraq, said Wednesday she was intimidated by Callahan and feared she would be arrested if she refused to remove her hijab.
"I come from a country where you can't say no to a judge in a courtroom," she said.
Some Muslims believe Islamic law requires women to wear a headscarf, veil or burqa in the presence of a man who is not a close relative.
The lawsuit asks a federal judge to order judges in Wayne County to allow the wearing of the headscarf in court.
Wayne County, which includes Detroit, is home to one of the nation's largest Muslim populations.
In another situation involving veils, the Michigan Supreme Court voted June 17 to give judges wide authority over the appearance of witnesses. The rule was adopted after a Muslim woman refused to remove her niqab, or face veil, while testifying in a 2006 small-claims case. Hamtramck District Judge Paul Paruk dismissed Ginnnah Muhammad's case as a result.
Albaghdady appeared before Callahan the day before the state Supreme Court approved the rule. Her lawsuit does not challenge it or address the issue of face veils, said her attorney, Nabih Ayad.
"That's for a later case," he said.

Copyright 2009 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

 
In this article from The Chicago Tribune, an islamic woman has her 1st amendment rights violated from pure ignorance. The judge had no right to ask to remover her scarf. If it had been a baseball hat or something ridiculous like that I could understand the judge using his position to ask said person to remove their head gear. Raneen used her right to free speech and freedom of religion in giving an interview to the press regaurding her case over religious opression. This is a clear view of  the use of the 1st amendment.




Video thanks to mboyet at YouTube.com

These students signed their 1st amendment rights away for free food as a celebration for Constitution Day. Though they experienced what it would be like without those specific rights for just one day, there are millions who live without these rights on a daily basis.


I know with the strong headed opinions that I have and the fact that I'm not afraid to state those opinions, I need to be thankful for the 1st amendment on the constituants that many have been slain in other countries due to their opinionated will.

Tuesday, August 25, 2009

Amendment 1

Amendment I




Freedom of Religion, Press, Expression. Ratified 12/15/1791.



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.

Opinion:

This amendment is stating that by law the congressional assembly can not restrict the ability of a person to practice a religion. In no form may another lawfully ridicul the practices and beliefs of another religion within reason of the Constitution. I feel that this amendment is well placed and decided upon by reason of the fact that many religions vary and can seem udderly ridiculous to others. This protects the religiously different from the christian/catholic mainstream that our nation is based upon. With the incident of 9-11 many muslim/islamic people have been feeling the effects of the cultural difference. Being stopped at airports for extra screenings or being mocked by the masses. Due to this amendment, the many muslims that feel the effects of the 9-11 incident, are able to keep their jobs, own their homes, shop at the same places as the rest of us, and be a functioning member of society. If it weren't for this amendment the amount of religious persecution pressed upon these "different" people would be repulsive. Internment camps such as those that our nation created against the Irish during the early years of our nation or of the ones created for the Japanese after the attack on Pearl Harbor. I know I would not be able to feel good about myself knowing that my country was causing such harm to an innocent person just becasue they are of the same religious background as a group of mass murdering terrorists were. Thanks to this amendment, I nor anyone else has to feel that being of a certain religion is a reason for persecution.

Also stated is the freedom of speech.Giving the people free speech gives them the ability to open mindedly speak against or for anything of their choosing as long as it is not plagarized or slanderous. If this amendment did not exist Martin Luther King Jr. would not have been able to openly speak of the combining of whites and blacks. If this had never happened our society may still be segregated today. Along the lines of MLKJr, if it weren't for the freedom to assemble, the masses would not have been able to join together in the presence of him to show that they wanted to create a new non-segregated world.

The right to petition is present in the above amendment. The right to petition gives the American people their voice. A more current situation is the healthcare reform. As an employee of a skilled nursing facility, I completely oppose the $32 billion cuts in medicare and medicaid. If the right to petition was not available, I would not be able to show that I oppose this cut. At my job now, many of my co-workers and I have banned together on a national website to sign the petition against the cuts. see ahca.org. The right to petition gives me the opportunity to show my opinion.

The freedom of press is within its own commodity. I not being a member of the press cannot speak first hand of the advantages is gives not the disadvantages. However, without it, we would not be able to follow most government movement, celebrity lifestyle, or historical outcome in our own living rooms. The freedom of press gives the common American the ability to know what is going on in the country and world around them.

 
Blogger Templates by Wishafriend.com