...Dylan Wilson Mr. McKown Government Dec. 5, 2017 Progressive Era Amendments Sixteenth Amendment The 16 amendment allows congress to tariff income tax without putting on the population or dividing up the states. The amendment is the constitution law empowering the government to income taxes on Americans (totallyhistory.com). The U.S. Treasury Department used to rely on sales taxes and tariffs for the majority of the federal budget (totallyhistory.com). When the sixteenth amendment was adopted the federal government was given more political power to set up the current form of taxation (totallyhistory.com). This amendment was ratified on Feb 3, 1913 (totallyhistory.com). With this, the initiative of taxes on wages gained...
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...Bill of Rights and Amendments Tahitia G. Brown HIS/301 May 17, 2012 Abeba Salter-Woods Bill of Rights and Amendments The original United States Constitution was ratified in 1787. However the current document by which all laws are governed was confirmed and made into law on September 17th of 1789. This document enabled the people some control over government, which was created not only for them by also by the said people. The Founding Fathers wrote the Constitution in a manner, that the text could evolve and mature just as the persons for which it was written. This paper will detail how and why amendments become a part of the constitution, problems which have arisen due to the original document motivating the adoption of the Bill of Rights and their effects. Further listing other issues arising, due to changes in society which have led to amendments thirteen, fourteen, and fifteen, and their affects (University of Phoenix, 2010). Amendments In Article V of the Constitution an amendment process was adopted to ensure that as changes in society occur, so should the document by which all inalienable rights and freedoms are explained in depth. The aforementioned article stipulates the ways in which the Constitution may be amended. The first is by a two-thirds vote from both the House and Representatives and the Senate and 38 of the 50 states must ratify the proposed amendment, which has been the only manner in which all...
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...of Rights and Amendments Paper Bill of Rights and Amendments Paper On September 17th, 1789 The United States Constitution was ratified and made law. The founders of United States Constitution had the foresight to give the constitution a way to grow and adapt with America’s needs, by including an amendment process to change or add to the rights of Americans. The amendment process has allowed America to continue growth and prosperity throughout the years and become one of the most powerful nations in the world. The amendment process will be covered in this paper along with the. The author of this paper will also look at later amendments to the constitution with an emphasis on amendments 13, 14 and 15 and the effects they had on America culture and society. The Purpose of Amendments The constitution was created with an amendment process in Article V to allow the document to adapt to changes in American society. According to article V of the Constitution an amendment can be passed by either a two-thirds vote in the House of Representatives and the Senate or by a convention where two-thirds of the legislatures meet over an amendment. After the Amendment is approved in the convention process it must then be ratified by 75% of the state legislatures (UMKC School of Law, 2013). Without the Amendment process the United States would have been bound by the same rules that applied back in the late 1700’s. The Amendment process has made it possible for the Constitution to change rather...
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...The Eleventh Amendment was added to the Constitution on February 7, 1795. The Supreme Court made a decision in the court case of Chisholm v. Georgia, weather citizens of one state can go against another state or foreign country in the court. The Supreme Court agreed, but Congress passed the Eleventh Amendment going against the court, stating that the Judicial power of the United States cannot pass the standards of the law and fairness of a state going against another state or foreign country. “National Archives and Records Administration and Shmoop Editorial Team”. The Twelfth Amendment was added to the Constitution on June 15, 1804. In the presidential election of 1800, Jefferson beat Adams, but was in tie with Burr in the Electoral College....
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...‘A Constitution written in the 18th Century does not work in the 21st Century’ Discuss (30 marks) America’s first form of Constitution, the Articles of Confederation, was ratified in 1781 and it can be argued that many states operated as independent countries under this. After America won its independence from Britain in 1783, it become increasingly evident that the USA needed a stronger, central government to remain stable and so the US Constitution was created and signed on 17th September 1787 in Philadelphia. This Constitution is still used today and is at the heart of American Politics but the debate lies in whether an 18th Century document is acceptable for the present day. A Constitution written in 18th Century does not work in the 21st Century because it is difficult to update and some parts make no sense in today’s society such as the Second Amendment and the Electoral College, as there have been four occasions when the candidate who got the most votes lost the election. The amendment process is too difficult, thus making is almost impossible to remove parts no longer necessary or to add parts that the majority desires. For example, the Second Amendment, in the Bill of Rights, allows US citizens the right to bear arms, which has caused much conflict as it has become increasingly evident that people are willing to abuse this right. Attempts to overturn the Second Amendment have been very much refused due to the rigid, outdated Constitution. The power of judicial...
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...the right to amend the Constitution guaranteed by Article V? Evaluate James Madison’s claim in Federalist 43 that the Constitution “guards equally against the extreme facility which would render the Constitution too mutable, and that extreme difficulty which might perpetuate its discovered faults.” Some critics of the amending process contend that amendments, once proposed, should be submitted to popular vote, bypassing state legislatures. Do you agree or disagree? Why? P1. According to professor Douglas Linder, the delegates assembled in Philadelphia were under no illusions that the constitutional scheme they were struggling to establish was perfect for present circumstances, much less perfect for the future generations of Americans. Jefferson’s letter to James Madison in 1789 included these words: “Every constitution...naturally expires at the end of 19 years. If it be enforced longer, it is an act of force and not of right.” If we were to take Jefferson’s words literally, we would have to disagree, since it goes hand and hand with the process of the human mind. P2. The framers believed that a flexible constitution would provide the protection needed by a young and somewhat fragile government against revolutionary upheavals. As one delegate said, "The novelty and difficulty of the experiment requires periodical revision.” In order to form a more perfect union under the Preamble, it was necessary to provide a means to keep the Constitution a “living” document. ...
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...just stop using as of this political party nonsensical thinking we would get so much more. Well in the book “The Liberty Amendments” written by Mark Levin he states how he feels about what is going on and it seems like him and I have a lot of the same views. Throughout this report I will list some examples of what I am talking about and compare them to how I feel about them. In the early parts of the book he mentions of manipulative Congress can be with all of the bills, laws, and benefits the try to pass “under the radar” I agree with him on most of that, they do try and pass a lot of bills through Congress but I don’t think they are under the radar. Everyone has access to pretty much anything the government tries to pass the problem is they do not even try to put them in terms we can understand. They put it in all technical terms that I’m not even sure they know what it means. I feel as if the Congress should have to try and put anything they try to pass in laments terms. In the upcoming pages of this paper I will explain to you some of the amendments of the constitution known as the Liberty Amendments that will hopefully help our country in its time of need during what is known as a convention process. I will let you know if I agree or disagree with what Mark states and tell you why we both feel the way we do. I will start as he did with the amendment for term limits. Mr. Levin says he feels that there should be term limits with any member of Congress rather it be the...
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...Study Guide 1 – Reconstruction The 13th Amendment to the United States Constitution officially outlaws slavery and involuntary servitude, except as punishment for a crime. The 14th Amendment to the United States Constitution is one of the post-Civil War amendments and it includes the Due Process and Equal Protection Clauses. It defines who is a citizen of the US. The 14th amendment states that states must provide equal protection to all people. The Fifteenth Amendment (Amendment XV) to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude" (for example, slavery). The Civil Rights Act of 1866, 14 Stat. 27, enacted April 9, 1866, is a federal law in the United States that was mainly intended to protect the civil rights of African-Americans, in the wake of the American Civil War. The Act was enacted by Congress in 1865 but it was vetoed by President Andrew Johnson. The Freedmen's Bureau Bill, which created the Freedmen's Bureau, was initiated by President Abraham Lincoln and was intended to last for one year after the end of the Civil War. Andrew Johnson (December 29, 1808 – July 31, 1875) was the 17th President of the United States (1865–1869). As Vice President of the United States in 1865, he succeeded Abraham Lincoln following his assassination. Johnson then presided over the initial and contentious Reconstruction era of...
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...History 301 / United States Constitution Joseph Richardson As Americans we are given certain “freedoms” that other countries are not entitled to have. In 1787 the United States Constitution went to effect and included the Bill of Rights that provides us with our freedoms. Each of these amendments is very important to the way we live in today’s society and play an important role in our lives. The Constitution and the Bill of Rights is the foundation for our country and the Amendments it includes gives our citizens their individual rights. The Constitution is what separates us from any other country. Certain Amendments were able to pave the way for all groups of individuals to have equal rights. The Constitution is a living document and was created that way to keep growing and changing to evolve with the American people. Our founding fathers understood that times would change the United States would grow and have different issues then our forefathers had. Because they understood this when they created the Constitution of the United States which included article V. Article V of the United States Constitution states that whenever two thirds of both houses decides an amendment is necessary they can propose it. A proposed amendment becomes part of the Constitution after it is ratified by three fourths of the 50 states. An amendment means a change, addition, correction or alteration to the current Constitution. The reason our Constitution has amendments is because our country is constantly...
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...Gurmanderdeep singh Professor Paul Villa Core Humanities 203 July 20,2013 Constitutional Consideration: The Tenth Amendment The United States Constitution gives significant power to the individual state governments. States are not mere provinces set up to take orders from a central authority in Washington DC and execute these orders regionally. States are afforded sovereign powers of their own. In Federalist #45, James Madison summarized the powers assigned to the individual states: “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” “The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people. It added nothing to the instrument as originally ratified.” It’s quite clear that the Tenth Amendment was written to emphasize the limited nature of the powers delegated to the federal government. In delegating just specific powers to the federal government, the states and the people, with some small exceptions, were free to continue exercising their sovereign powers. When states and local communities take the lead on policy, the people are that much closer to the policymakers, and policymakers are that much more accountable to the people. Few Americans have spoken with...
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...Title UNITED STATES V. CURLIN Citation U.S. App. LEXIS 8426 (7th Cir. 2011 Unpub.) UNITED STATES of America, Appellee, V. Marcus CURLIN, Appellant No. 10-3033 History Marcus CURLIN was ordered by the Small Claims Court judge to vacate the property due to failure to pay rent. At the time of the eviction the deputies observed firearms in the house and Curlin was charged with possession of firearms due to earlier felony convictions which bar him from owning firearms. The defendant attempted to suppress the evidence on the plain-view doctrine and the violation of privacy, under the 4th Amendment to the Constitution, as the deputies entered his premises without a search warrant. The Seventh Circuit Court affirmed the decision of the trial court by denying the motion to suppress. Facts On October 17th, 2008, Curlin’s landlord filed a small claim action against Curlin, seeking possession of Curlin’s leased residence for failure to pay rent. The Notice of the Claim for possession of Real Estate and Summons were served on Curlin by mail and by delivery to his residence, however Curlin failed to appear before the Court as ordered. Due to Curlin’s failure to appear, he was the served with a second notice to appear before Court on the next date but he again failed to appear. Small claim court entered a judgment in favor of landlord. The clerk of the court based on the order issued an eviction order, ordering Curlin to vacate the property on or before 6:00 p.m. on Nov...
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...Rockwood Law 331 Sec 01 “Constitution and Levinson Ideal” After the United States gained Independence on July 4th 1776, there was a need for a new rule on law and basic rights. The foundation of our country needed an official document to be established and written for future generations and for concrete reference. The original idea regarding the document, was thought necessary to be drafted from the Articles of Confederation, but later this idea was deterred. The Constitution was created on new precedent and adopted on September 17th, 1787. Our Constitution was written to be the backbone of our established government “for the people by the people”. According to the Independence Hall Association’s website, our country has the second oldest active Constitution in the world, behind the “1600 Statutes of San Marino”.(1) The Constitution has had Amendments conjoining or slightly altering it’s contents. But overall, The Constitution is arguably the same document at it’s core as when it was originally ratified. Sanford Levinson, in his book “Our Undemocratic Constitution”, pushes for the idea of another constitutional convention to revolutionize what he calls “hardwired” defects in the Constitution. These “hardwired” defects are whittled in the constitution’s grain and cannot be solved through even the most farfetched interpretation. A main theme of his book is based on the almost impossible but more than improbable process of amending the Constitution let alone holding his envied...
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...Miguel Reyes 27 Amendments 1st Amendment- People have freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition the Government. 2nd Amendment- protects the right to own guns. 3rd Amendment- guarantees that the army cannot force homeowners to give them room and board. 4th Amendment- protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause. 5th Amendment- protects people from being held for committing a crime unless they are properly indicted, that they may not be tried twice for the same crime, that you need not be forced to testify against yourself, and from property being taken without just compensation. It also contains due process guarantees. 6th Amendment-A person has the right to a fair and speedy trial by a jury. 7th Amendment- guarantees a jury trial in federal civil court cases. 8th Amendment- guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines will not be set. 9th Amendment- is simply a statement that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated. 10th Amendment- Any powers that the Constitution does not give to the federal government belong to the states 11th Amendment- more clearly defines the original jurisdiction of the Supreme Court concerning a suit brought against a state by a citizen of another state...
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...A Constitutional chaos. On September 17th, 1787, The Constitution of the United states of America was signed by the delegates on the conclusion of the Constitutional Convention in Philadelphia. Weeks later after many arguments between the same delegates about other rights of American citizens, the Bill of Rights was written to solidify all of the basic individual freedoms of the people. It was on this document that several laws were written and many great freedoms given. But because these amendments didn't give a specific definition of these freedoms and rights problems ranging from wars being fought because of conflicting ideals in people to poor moral choices being unjustified because there is no line drawn to decide how far things will go; and the vague rules that allow and cause these things to happen need to rewritten . To learn where it all this mess starts is easy; it starts almost immediately after the signing of the Constitution. The document states that there will be freedom of speech, assembly, the right to bear arms, and other freedoms. The cause of one of the first issues that plagued America was not whether the rules are fair and good or not, but who the rules and freedoms are meant for. This was cause of the continuation of slavery in America even after men were supposed to be free because the Bill of rights did not state that a man, either black or white or red or green, has these freedoms. It just simply says that the citizens of America have these rights...
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...merica's Post Civil War America’s Post Civil War Growing Pains HIS 105 – Contemporary U.S. History January 30, 2013 “America’s post civil war growing pains” In 1619, African-Americans were forced into slavery and roughly 244 years later, in 1863, as the nation approached its third year of the Civil War, President Abraham Lincoln issued the Emancipation Proclamation declaring that all persons held as slaves were to be freed (U.S. National Archives & Record Administration, 2013). Despite the vague verbiage of the Emancipation Proclamation issued by President Abraham Lincoln, the proclamation was repressed in many ways and did not end slavery as implied, or intended (Freeman, J., 2011). In January of 1865, began the downfall of the Confederacy. In the U.S., post Civil War, Reconstruction began abolishing slavery (Freeman, J., 2011). The Union victory at War promised a new future for the South's 4,000,000 freed African-American men, women and children, who were once slaves (Freeman, J., 2011). After the Civil War ended in May 1865, freedom was to put forth new opportunities for the newly freed African-American slaves (Azpiroz, X., 2012). The year following the Civil War, congress passed the Civil Rights act of 1866 (Azpiroz, X., 2012). The civil Rights Act of 1866 declared that all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every...
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