...in that contract. If work is not completed as outlined then any money in excess of the completed work should be returned to the homeowner. B. Body 1. Forced work or contractual agreement? a. According to the Better Business Bureau, New York State law requires that home improvement contractors deposit all payments received prior to the completion of the job into an escrow account, to be withdrawn according to the schedule set forth in the contract. b. So my question is where is the money that is left from the incomplete job? Doesn’t keeping this money make the contractor a thief? c. My opponent is going to try to convince you that the homeowners are forcing this contractor to work and that this is slavery under the 13th amendment, this is not true. It is stated in the case of the U.S. V Kozminski, 1988, involuntary servitude is when a...
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...of this country, and it was legal and accepted until Abraham Lincoln announced the Thirteenth Amendment which abolished slavery. In 2018, “Modern slavery has no legal definition but includes human trafficking, forced labor, debt bondage and forced marriage”(Rossman). People are debating on whether or not the Thirteenth Amendment is still effective today. When analyzing the research of the Thirteenth Amendment one can determine why it was put into the Bill of Rights, the purpose of the amendment, and that the Thirteenth Amendment is definitely not effective in today’s America....
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...In 1800s the united states passed the 13th amendments. The 13th amendment states that there will be neither slavery no 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 jurisdiction to break it down this means slavery is abolished in the united states. It has been many years since this amendment was passed. But behind Americans closed doors there are people violating this amendment. But when with the first amendment that says we as Americans get free exercise of religion, freedom of speech, freedom of press, etc. Human Trafficking is a major issue that people fil to nice everyday woman, children and men are kidnapped or sold by...
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...The reconstruction of the 13th and 14th and 15th amendments White people did not want blacks to stand up and participate in political or any kind of issues or freedom or become educated 1. When the 13th Amendment abolished slavery in 1865, and the black people embraced education, built their own churches, reunited with their broken families and worked very hard in the sharecropping system, nothing was enough for the Reconstruction to succeed. 2. Whites never gave total freedom to African Americans. Blacks were forced to endure curfews, passes, and living on rented land, which put them in a similar situation as slaves. In 1866, the KKK started a wave of violence and abuse against 3. Negroes in the south, destroying their properties, assaulting and killing them in different ways, just because anger white people do not want the blacks to stand up and join in political or any kind of issues or freedom. The Reconstruction Amendment freed African American from slavery and stablish some key rights for them. 13th Amendment 1. Lincoln had issued the Emancipation Proclamation declaration. all people that were...
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...The Telecommunications (Interception and Access) Amendments (data Retention) Act, 2015, passed by the Federal Parliament, will strengthen national security.’ Evaluate this claim with regard to the strengths and limitations of the law reform process. Metadata has become a huge issue in 2015 and topic to much legal debate. It is described as ‘data about data’ in simple terms but has many other complex definitions. The Data Retention Act, more formally known as the Telecommunications amendment Act 2015 was passed in parliament on March 26th 2015 and received royal accent on April 13th 2015. In Australia, the need to strengthen national security has resulted in the introduction of new ‘metadata’ storage law. This new law means that both security and policing agencies will be allowed to access up to two years of individuals metadata, to supposedly make it easier to stop any terrorist attacks and serious crimes from happening. There has been many debates in Australia about...
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...the US constitution and its laws. As the supremacy clause is defined in Article IV, Section 2 of the United States Constitution, it is the supreme law of the land and shall prevail over any conflicting state laws or as it relates to Texas any state issued constitutions. With over 93,000 words, 16 articles, 474 amendments resulting in 6 total constitutions, no other state within the US is structured and run so similarly to that of the US government. For example Texas has a clearly defined separation of power where no one branch of government shall be attached to either of the other branches (with the exception of the lieutenant governors role in the Senate. In 1866 after the civil war Texas was back in the Union and many actions were taken to bring the state into compliance with President Johnsons’ policy of reconstruction. At this time Texas did not adopt the 13th amendment that abolished slavery. In 1869, Under the Congressional Reconstruction Act of 1867, the US Constitution was declared to be the supreme law of the land which forced Texas to accept and adopt the 13th amendment as slavery was now forbidden. The result of this declaration reflects the very definition of the supremacy clause, and demonstrated the act of its enforcement. The separation of powers in the US government and that of the Texas government are quite similar in that...
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...The documentary I chose to watch for this assignment was the film 13th. The film, which entails the discussion of the 13th amendment, talks about the racial inequality in America and the rising prison incarceration rates that have resulted due to many factors, such as the vagueness of the 13th amendment. The film includes a variety of speakers to discuss the issue. One of the claims made by a speaker was the claim that the 1915 film “Birth of a Nation” was almost directly responsible for the rebirth of the KKK in the 20th century. The speaker elaborated on this claim by saying the film depicted certain actions that the KKK committed later on, such as burning crosses. It was described as “life imitating art”. In addition, terroristic actions committed by the KKK were said to be more accepted by society because of the film. Another claim made in the documentary was the claim that legal segregation between whites and African Americans was a more formal method of terrorism. This claim was backed up by the fact that segregation laws were passed specifically to push blacks to a lower class than whites. Although by definition terrorism is technically...
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...Slaughterhouse Cases The courts basically said that the 13th and 14th amendments did not apply in the case, because they protected only former enslaved people. The decision in the slaughterhouse cases completely invalidated the decision of Dred Scott. Since I am supplying meat in New Orleans, I would NOW need a formal license saying that I am doing business with a licensed monopoly. Sorry federal government but the states won this one. The Court stated that the protections of the 13th and 14th amendments did NOT hinder Louisiana’s power to create a monopoly which means that the states gained. Based on the possible violation of the 13th amendment, I side with dissenting opinions. Since the butchering system became a monopoly, the workers could be denied work and if this is the case then those workers would be forced to work under this monopoly. That situation would then be considered forced servitude, which is illegal. 9. Reynolds v. United States Congress has the right to enact a law against the religious practices that have a harmful effect on social order → Congress could prohibit the practice of polygamy Polygamy was an aspect of the Mormon religion that included behaviors offensive to civilized society, therefore if it WAS offensive then the 1st amendment should NOT protect it. Freedoms cannot be absolute because they change all the time! In order to ensure that there is no controversy or social problems, the 1st amendment MUST be fudged in certain circumstances. Marriage...
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...To be free means that you are enjoying your personal rights and enjoying life to the fullest. During the Reconstruction Era people were debating if slaves were free or not. A slave is a person who is legal property to another; slaves have to do what their owner says. Being free and being a slave are two completely different things and during the Reconstruction Era slaves were not free, in my opinion. We live in a cruel world and during the Reconstruction Era it was even worse. “Where was the boss?’ She said, ‘You should say 'master'. You all are not free… and you shall call every white lady 'missus' and every white man 'master.’” (Henry Adams) This quote from document c means that an ordinary Black Man nicely asked where his boss was and...
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...Creating Constitutions to Lead the USA U.S. Constitution The Constitutional Convention met on what date? ________may________________ Where did the Constitutional Convention meet? __________Philadelphia________________ The “Father of the Constitution” is _____________James Madison________________ when he created the ________Virginia__________ Plan. The Virginia Plan incorporated the concepts of ________seperation___________of powers (illustrated by the three branches of government) and ________Checks________ and balances (the concept designed to prevent one branch from getting out of control). What are the three branches of the federal government? a. ____________executive__________________ b. _____________legislative_________________ c. ______________judicial________________ The ____________New Jersey_________ Plan called for only reforming the Articles of Confederation. What compromise settled the issue of how the slave population would be counted? _________________3/5 comprimise___________________ The Preamble of the Constitution begins with the phrase _______We the people______________________. Congress is composed of a bicameral legislature made up of the _____senate__________________ (upper house with equal representation) and the __________________house of reps_____________________ (lower house with proportional representation). A Senator’s term lasts ______6______ years. A Representative’s term lasts...
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...not get pregnant is through the choice of abstinence, but they still choose to have sex. With this being a problem it makes abortion look really evil due to careless and selfish choices that women are making today. Abortion has been overthrown and battled in many courts with different cases and the procedure of abortion has granted because the right of the constitution protects the choices that women make with the 13th, 14th, and 15th amendment. The constitution protects the rights of women in many different ways including the choice of what women want to do with their bodies. These three amendments make abortion legal and create a bigger problem of diminishing this evil operation for the fact that abortion has been approved by judges all across America. In prior cases, such as Roe vs. Wade, argue that in the case of abortion, it is unconstitutional to take the rights of women away as a citizen and force women to birth a child. In the case of Roe vs. Wade, abortion was granted and deemed constitutional and this decision was based on the 13th, 14th, and 15th amendment. Although this is only one case, there are many...
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...Criminal Justice Today CHAPTER 4 BOOK COVER Criminal Law Criminal Justice Today, 13th Edition Frank Schmalleger Copyright © 2015, © 2013 by Pearson Education, Inc. All Rights Reserved Nature of Law • Rules of conduct inherent in human nature and in the natural order • Knowable through intuition, inspiration, and the exercise of reason, without need for reference to created laws Ten Commandments The U.S. Declaration of Independence Criminal Justice Today, 13th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved English Common Law • Originates from usage and custom rather than from written statutes • The major source of modern criminal law in the United States • Judge-made law that is refined and changed by actual decisions that judges make when ruling on cases before them Criminal Justice Today, 13th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Definition of the Rule of Law • The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members Criminal Justice Today, 13th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved The Categories of Law • Statutory law Substantive criminal law • Describes what constitutes particular crimes and specifies the appropriate punishment...
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...Unfortunately those who take this position must realize this issue is not muddied in what rights prisoners should be afforded in comparison to Americans who remain on the right side of the law. This conundrum stems simply from corporations and private businesses having the power to influence the criminal justice system, public services, and legislators to continue in the pursuit to fill prisons with inmates to perform work and ultimately produce profits for capitalists. This type of influence is primarily what Marx spoke of when he asserted, “ The executive of the modern State is but a committee for managing the common affairs of the whole bourgeoisie” (Marx). Page 475. The bourgeoisie, who own the means of production according to Marx’s definition, have substantial influence because of their wealth and the power that coincides with having large sums of money in a...
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...“Ethnic Notions:” Exploring Caricatures Racial formation is the process by which socio-historical designations of race are created and manipulated. When dealing with racial formation, one dominant group always has the power to impose racial definitions onto others. In America’s history, this one dominant group has been Caucasians. In the book, “Ethnic Notions,” Marlon Riggs explores the evolution of caricatures imposed on African Americans throughout the history, claiming the impact of such caricatures “did as much harm as any lynch mob.” In many ways, this claim speaks the truth. The mammy, sambo, pickaninny, zip coon, and uncle are a few important caricatures that prove white America’s innermost fears regarding race and white superiority. The mammy caricature is one that defeminizes African American women. Drawn as a smiling, hefty servant, her loyalty to her white owner’s family trumps that to her own children. The mammy was used as evidence of the “humanity” of slavery’s institution, for she was posited as content with her lowly position. This caricature reflects the fear of mixing races. By desexualizing African American women, like the mammy, then white men would then be less likely to become sexually involved with them. Many blues artists in the 1920s-30s stood up against the mammy caricature, such as Ma Rainey; her image stood to sexualize the mammy. The sambo caricature was depicted as a perpetual child, one who was incapable of living an independent...
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...developed laws which were created to disenfranchise African-American’s from voting. A group of African-American women decided to establish the first national black organization in the United States. From the time of slavery, children were bought and sold into slavery. Many times, white masters and owners would beat and force their enslaved women into having intimate, sexual relationships. Almost all slaves were of African descent and from the 16th to the 19th centuries; an estimated 12 million Africans were shipped as slaves to the Americans. The Thirteenth Amendment to the U.S. Constitution reads: “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.” (Thirteenth Amendment, Unknown) This legislation made it illegal throughout the United...
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