Saturday, December 4, 2010

Seventeenth Amendment (1913)

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the 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.

Under Article I, Section 3 of the Constitution, state legislatures were responsible for electing U.S. senators. This system started to experience problems in the mid-19th century with the growth of political parties. By the late 19th century, party disagreements left some states without Senate representation for years. This Seventeenth Amendment changed the system so that senators are elected directly by the people. 

The following diagram illustrates how government representatives are elected and appointed. The blue arrow illustrates the process before the ratification of the 17th Amendment. The green arrow shows the change after the 17th Amendment was ratified. http://craigwwright.files.wordpress.com/2008/11/structure_of_u_s_government.jpg


This Fox news clip claims that the 17th Amendment is unconstitutional because it amended the original constitution. The news reporter feels that the 17th Amendment took away state power and that "states no longer [have] a place at the federal table."



Sixteenth Amendment (1913)

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

The Sixteenth Amendment reversed an 1895 Supreme Court decision by declaring a federal income tax law constitutional.

The following cartoon illustrates the power of the IRS and the helplessness of the people after the ratification of the 16th Amendment. http://www.apfn.org/apfn/16th.htm



This video is a refreshing and humorous account of tax evasion, a direct violation of the 16th Amendment!



Fifteenth Amendment (1870)

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

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

The Fifteenth Amendment protected the African American citizen's right to vote. It also gave Congress the authority to enforce the amendment through legislation.  

This picture documents some African Americans' first vote after the ratification of the 15th Amendment. http://www.loc.gov/rr/program/bib/ourdocs/15thamendment.html


This rap written and sung by these girls is really creative. They sing about exercising their 15th Amendment right. 

Fourteenth Amendment (1868)

Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

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

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

The Thirteenth Amendment freed the slaves, but did not make them citizens. The Fourteenth Amendment made the newly freed slaves citizens. It declared that all persons born or naturalized within the United States were citizens. It made provisions for due process, which the Supreme court has used to incorporate the Bill of Rights to the states. It demanded equal protection of the laws for all citizens. However, the Fourteenth Amendment denied convicted felons the right to vote even if they served their time and prohibited anyone who served or provided aid to the rebellion to hold office. It also gave Congress the authority to enforce the amendment through legislation. 

This political cartoon suggests that bans on gay marriage violate Section 1 of the 14th Amendment:
"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."

http://jimmays.com/wp-content/uploads/2009/09/gay_marriage.gif



In this video (Part 1 of 4) Director of Immigrant and Refugee Services Debby Alter from the Jewish Family and Vocational Service shares step by step how to become naturalized. After becoming naturalized, the 14th Amendment will protect one's new citizenship rights. 



Thirteenth Amendment (1865)

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

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

The Thirteenth Amendment freed the slaves. The Emancipation Proclamation did not apply to all the states. The Thirteenth Amendment abolished slavery entirely. It also gave Congress the authority to enforce the amendment through legislation.  

The following cartoon celebrates achievements in the fight for racial freedom. Slavery was abolished once and for all with the ratification of the 13th Amendment, but Jim Crow laws were soon created to push for segregation.
http://daddybstrong.blogspot.com/2008/12/13th-amendment-happy-freedom-people.html


The following video takes a stand against human trafficking arguing that it is a form of involuntary servitude. I definitely agree. Involuntary servitude is protected against by the 13th Amendment. Human trafficking is modern day slavery. United States' citizens need to stand up and fight against it. 


Twelfth Amendment (1804)

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;—The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;—The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President—The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Under Article II, Section 1 of the Constitution, electors were not required to vote for presidential and vice presidential candidates separately. The Twelfth Amendment required that electors vote for presidential and vice presidential candidates separately. It also required that both candidates must meet the same eligibility requirements as president.

This cartoon makes fun of the 12th Amendment's electoral process. http://gdpiglet.glogster.com/


This video describes the electoral process. The 12th Amendment further mandates that electors must vote for presidential and vice presidential candidates separately. It is quite confusing! 



Eleventh Amendment (1795)

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.

Under Article III of the Constitution, citizens could sue states in federal court. The Eleventh Amendment made it so that states could only be sued in state courts. The Eleventh Amendment protected state sovereignty and provided for what is known as the doctrine of sovereign immunity.

The 11th Amendment gave more power to the states. http://www.csc.noaa.gov/ptd/module08/lesson01/0801.htm


This video talks about the sometimes tragic downfalls of sovereign immunity. This video tells the story of Haseeb, a resident of one of the nation's institutions for the mentally disabled. Haseeb was heavily assaulted by a caretaker. Haseeb's family has not been able to seek justice for Haseeb because of their inability to sue due to state sovereign immunity. Many time citizens suffer at the expense of state sovereign immunity, which is protected by the 11th Amendment. This needs to be reexamined.