Monday, January 13, 2014

Group 10's 28th Amendment

(Note: A portion of Article II, Section 1 of the Constitution is to be modified by the 28th Amendment.)

A person does not have to be a natural born citizen of the United States to be eligible for the Office of President. The only qualifications for the Office of President are that the candidate be a citizen of this country, a resident of this country for at least 14 years, and a person of at least 35 years of age.

Amendment XXVIII (Group 4)



Text of the Amendment

The manufacture, transportation, sale, purchase, and consumption of all psychoactive drugs, psychopharmaceuticals, or any other illicit medication formerly prohibited by federal law, is hereby deemed legal within the United States and all territory subject to its jurisdiction.  



Reasons Behind the Amendment

Similar to the eighteenth amendment, federal bans on psychoactive drugs - such as marijuana and cocaine - have not thwarted drug use, rather, they have catalyzed organized crime and created a black market for illicit drugs. Drug laws have also siphoned precious tax dollars to federal agencies that insist on engaging in an endless “war on drugs.”  Rather than impose stricter drug laws, full-fledged legalization of all drugs will dismantle black markets, free up tax dollars, and lessen drug related crimes. Citizens of the United States should have the right to purchase whichever drugs they fancy, and should have the responsibility to deal with whatever repercussions their drug use may bring about.

Amendment XVIII

Amendment XVIII


Text of the Amendment


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


Understanding the Amendment


Any manufacture, sale, or transportation of inebriating liquor within the United States or its territory is illegal. Importation and exportation of liquor is also illegal. This amendment shall be put into effect one year after its ratification. Congress, along with the States, have the power to enforce this law. Still, the consumption and purchase of liquor remains legal.


History of the Amendment

The National Prohibition Act of 1919, also known as the Volstead Act, was the inspiration for the eighteenth amendment to the constitution. The bill was originally vetoed by President Woodrow Wilson, however Congress overturned his veto the very same day. The text of the amendment itself is brief, however the law to implement it was twenty-five pages long and very difficult to understand. The law was violated by tens of millions of Americans, spawning organized crime throughout major cities throughout the nation.  
Effects of the Amendment on the United States


This amendment has been rendered obsolete by the the twenty-first amendment, therefore, it yields no direct effects on the United States today. However, in its time, this amendment, ironically, did not dampen the general use of intoxicating beverages within the United States. Instead, it spawned illicit sales and manufacturing (bootlegging) of liquor, which resulted in a sharp increase in crime. Today, the amendment does have some lingering, indirect effects, as temperance has been more culturally endorsed, and states have imposed stricter age requirements for the use of alcohol.


Effects of the Amendment on Me


Because this amendment was cancelled by the twenty-first, and it is illegal for me to carry/consume alcohol, this amendment has virtually no effect on me. However, through observing how this amendment effected the United States historically, I understand that it is unwise to prohibit alcohol in this country...



Amendment XIII

Amendment XIII

Text:
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.


Background info: 

(Proposed January 31, 1865, Ratified December 6, 1865) Conflict in America over the legality of slavery lead to the start of the Civil War, which began in 1861. By the end of the war, Congress had agreed to ban slavery in the country, and the southern states that had succeeded and formed the Confederate States of America had to ratify the new amendment as a part of their re-initiation into the United States. (Mississippi was the last to ratify in 1995.)

Effect:

This protects us citizens from enslavement, thus preventing travesties like the American Slave Trade. It also provides argument against child labor.
In addition, we agree that this amendment should separate and distinguish slavery and criminal punishment within the amendment. The exception for dealing with criminals should be kept separate from the banning of slavery. This amendment could be interpreted to only concern the matters of prison. Certain psychopaths may believe that they are justified in enslaving people.

Group 8's Twenty-Eighth Amendment

The United States government will have the capability of raising the national age of employment from sixteen years of age to eighteen years of age - incentivizing students and the youth of the United States of America to stay in school and continue in their education.

It's no lie that the state of education in the US is "somewhat" flawed, and perhaps it may be that the working age starts at 16, providing an opportunity for students to drop out of their upper education to go and earn money. By raising that age to 18 years, it would allow a student to remain in, and complete, a high school education, which is a bare essential of a decent resume. Additionally, it may have the affect of bettering the quality of the workforce. More education means more knowledge, more knowledge means better foundation, and better foundation means better quality workers, and thus that would lead to a better educated workforce as a whole.

10th Amendment

Original Text
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.


Translation 
Any power not given to the federal government by the Constitution is given to the States.

Passage and Ratification
The tenth amendment was the last amendment ratified in the Bill of Rights. It was written into the US Constitution on September 5, 1789. James Madison introduced the amendment to the delegates, reasoning that the powers of the states needed to be declared in the new Constitution. This would deny the federal government any implied powers that are not under the “Necessary and Proper Clause”. A balance of power between the federal and states governments was an important issue to the founding fathers, who distrusted the federal government and wanted to prevent an usurpation.
During the revolutionary war, the colonies declared independence from Great Britain and they became thirteen separate colonies. A committee then came together to united the thirteen colonies under the Articles of Confederation. It took a long time for each colonies to join the Union and become one country because of the distrust of a centralized government. They were afraid to give up their local rights to a national government. The biggest argument during the Constitutional Convention was states rights v. national rights.
A group of delegates called the Anti-Federalists argued that the Constitution would lead to a centralized power that would destroy the liberty of everyone else.The Anti-Federalists were the ones who directly influenced the passage of the tenth amendment. By giving the federal government specified powers, the Constitution leaves all other powers for state sovereignties. The founding fathers wanted as much power as possible to be retained by state legislatures. The tenth amendment was necessary for the liberty of the states.


The Effect on the United States
The tenth amendment gave the states many rights. It gave them the right to be exempted from federal mandates, or orders given by the government. States can ignore orders given by the court. It worked in the case of New York v. United States, where the government attempted to get radioactive waste from each states, but New York exempted themselves under the tenth amendment. 
However, the government still tries to create economic sanctions for each states. Instead, states collect federal funds, such as gas tax and income tax, for the federal government and pay the government each month for the funds to be used for purposes which are allowed in the Constitution. If the government were to actually impose economic sanctions on states, the states would just stop funding the government. Because of this amendment, the federal government tries not to impose on states rights, since it could lead to its own destruction.


The Effect on Us
Last month, my class did a project that followed the actions of our state representative. Through this project, I discovered how much power my state representative and all other representatives actually had. They are the ones who get to decide on the laws of our nation. Congress represents the states, and the states represent us. Without the tenth amendment, state legislatures would not have any power. The President has to work with the States to be able to get anything accomplished.
I, and everyone else, can have a direct effect on this nation through state legislators. I can contact my representative, John Sabatina, and discuss my thoughts on decisions he should make on my behalf. The state legislatures were created to give the people power, instead of the national government having all the power. I think the tenth amendment worked well to balance the power.

XXVIII (Group 2)



Our XXVIII Amendment
The rights of citizens of the United States shall not be denied or abridged by the United States or by any state on account of sexual orientation. Congress shall have power to enforce this article by appropriate legislation.

Amendment XX

Amendment XX

Text:
Section 1. The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of the Senators and Representatives at noon on the 3rd 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 3rd 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 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.



Background info: 
(Ratified on January 23, 1933 nearly a year after it was passed by Congress on March 2, 1932)
The introduction of the 20th amendment was inspired by the problems caused by the “lame-duck period”, in which an elected official who is leaving office still holds the power of office for a period of time before his replacement enters office. The 74th Congress was the first one to follow all the requirements of the amendment; first Congress wanted to have the first session in the fall, but transportation was bad so they pushed the congressional meeting date back to January.

Effect:
The twentieth provides order to the government and ensures to the people that the government will convene a few times a year at the least. It also prevents people who may have been voted out of office from continuing their job past their term. However, because there is an established order for replacements, planned people outside of the government can also predict the order of leaders in the case that something bad happens to the current office holder (provides more motive for assassination).



Amendment XXVIII


Amendment XXVIII

No person shall be discriminated against or denied Constitutional rights based on their gender identity, sexual orientation, or lack thereof.

Group 6: 28th Amendment

Amendment XVIII :

Amend the National Minimum Drinking Age Act of 1984, which establishes a minimum drinking age of 21 years old, and punishes states that allows persons under 21 years of age to purchase and publicly possess alcohol, to a minimum drinking age of 18 years old. 


[Mastermansocsci37] The United States has one of the most serious alcohol abuse problems in the world, yet, our minimum drinking age is one of the highest in the world at 21 years old. For the majority of the globe's countries, the minimum drinking age is 18 years old:

(some of the 18-year old countries are cut off, so there are more)


Perhaps it's time to think about why that is. 

Deprivation may be the answer. 

When a person is deprived from something for a long time, they might be more excited to grab it at any chance possible. In the United States, alcohol has a great presence in popular culture. Children are able to approach alcohol when people in their families consume it, they see it on television when it's portrayed as people "having a good time", kids grow up seeing alcohol, yet they aren't grown up educated in it. 

So when they turn legal, or when they enter college, a private vicinity where the substance can be readily available, well...they leap. Many do not know their limits, and end up on stretchers and ambulances outside college campuses.

Take France for example, the minimum drinking age is 18 years old, but there is no restriction for minors drinking in public. Rather, drinking alcohol over there is seen as an art. Parents are seen teaching their children the art of wine at the age of 10. 

Because alcohol is seen as an art, children are taught to be well versed in it at a young age, it isn't seen as a way to "enjoy oneself" as much as it is seen here. It's the mentality of it that's different. When the public perception of a substance is healthy, that generally produces healthier habits.

It is not to say that this amendment will produce immediate results. It won't. Not until parents learn to educate their children properly on the consumption of alcohol, and that will take at least a few generations. 

However, getting rid of deprivation can be a big factor in helping with the alcohol abuse in the U.S. Since many 18 year olds violate the current law anyway, why not amend it to the age of 18, like it is in many places in the world? 

Perhaps, if parents are allowed to educate their children earlier under their supervision, the children will learn to understand their bodies' signals, develop tolerance, and stop when they really should. 

Again, this will take the general change in attitude and education in relation to the consumption of alcohol, and results will not be immediate, but it can be a start to leading the youth of the U.S to a better place. If other countries can do it, why not the U.S?

Group 9: 28th Amendment

Amendment 28

Equal Work Deserves Equal Pay

Section 1:
 No employees shall be subject to lesser compensation of job or work on the basis of sex. No employer shall discrimination against his/her employees on the basis of sex by providing unequal pay for equal or similar job positions performed under equal or similar working conditions.

Section 2:
Minimum wage, health care benefits, and maximum hour limitation may not differ for employees for reasons pertaining to sex.




Similar to the Equal Pay Act of 1963, our proposed amendment would prohibit discrimination based on gender in terms of salary. People of both genders in the same field of work, or the same working conditions deserve equal pay.
Also, work hours, wages, and benefits cannot differ between employees because of his/her gender



Amendment I, XIII, XX Comic Strips



The Eighth Amendment Of the United States Constitution

The Eighth Amendment of the U.S. Constitution


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


The Eighth Amendment has its roots in the U.S. Constitution as one of the original ones. It has its seat in the top ten Amendments, also known as the Bill of Rights.


Like other amendments in the Bill of Rights, the eighth amendment finds its roots within the Magna Carta, written in 1215, detailed in section 20:

A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his "contentment"; and a merchant in the same way, saving his "merchandise"; and a villein shall be amerced in the same way, saving his "wainage" if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood.


Effect On the United States

The eighth Amendment, as directly state, does not permit the practice of cruel and unusual punishment. It forces the judicial system to standardize procedures and punishments that can be confirmed, and that do not violate this Amendment.

Effect On Me

The Eighth Amendment protects my dignity, that if I were to commit a crime, repentance through punishment is enough. The Amendment prevents those who have passed the line of mere judgement, to the line of revenge and rage, to inflict worse punishments. It's what prevents someone from making me do dangerous work, for a mere accident. Of course, what defines "cruel and unusual" punishment can be defined, however it now makes it legal for me to challenge it in court, to stand up for myself, saying enough is enough. It is one thing to repent from justice, but another to suffer it blind.

Video:

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Amendment I

Amendment I

Text:
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. 

Background info: 

(Ratified December 15, 1791 as a part of the “Bill of Rights”) 

The amendment was written three months after the creation of the Constitution because citizens demanded a guarantee of their basic rights. The amendment was written by James Madison and went into effect after Virginia ratified it and the majority of states in the country agreed.


Effect:
The first amendment allows us to publicly criticize the government and not get arrested for it. It allows us to make loud jokes on the street about Tom Corbett and how he’s ruining our education system. In addition to this, we can participate in rallies and marches to support education and to prevent budgets cuts from the school (and sign petitions against the budget cuts for the school district). We are allowed to assemble outside the School District building and play patriotic music in order to appeal to the sympathies of higher authority (our instruments are terrible, please give us more money).
The first amendment helps support separation of church and state. It prevents polarized religious belief from ruling over people of other religions. For example, there are several states, including Arkansas and Mississippi,  that ban atheists from holding office. As atheists, we feel fundamentally oppressed.

We do acknowledge the downsides to the exploitations of such freedoms mentioned in this amendments. Enforcing the freedom of speech and press is disadvantageous to gullible people who read tabloids and blindly follow the media. Truth can be misrepresented and malicious propaganda can be utilized to start revolutions. However, the freedoms allowed are vital to the creation of a free country. We are vehemently against censorship, and a more strict enforcement of this law would help prevent misrepresentation and brainwashing.

2 TERMZZ$$: Amendment XXII

22nd Amendment


 


  

Group 7: Amendment XXVIII

Our Amendment XXVIII
SECTION 1
During the passage of a bill, the executive or either legislative branch is able to call a congressional conference if both legislative branches face gridlock which is characterized through ninety per cent of both parties having opposite votes for the bill. The executive can mandate a conference after four months of political gridlock or after ten rejections of any kind from each side. The legislative branches still hold the power to request conferences. In addition, either side can call a conference after three months of gridlock and eight rejections of any kind from each side.
SECTION 2.
When this mandated conference is called, the resulting committee will only be made up of the executive and the majority and minority party leaders of the House and Senate. A four-fifths vote is required for the bill and it will be passed into law.

The Twenty-Sixth Amendment of the United States Constitution


The 26th Amendment of the United States Constitution
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 the power to enforce this article by appropriate legislation.

Story of the 26th Amendment’s Passage and Ratification
The fight for youth suffrage began during the Vietnam War. At that time, soldiers were being drafted at a minimum of 18 years of age; these soldiers, however, were still unable to vote. “Old enough to fight, old enough to vote,” became the hackneyed slogan of the time. In the year 1969, the National Education Association (NEA) teamed up with the National Association for the Advancement of Colored People (NAACP), student members of the California Teachers Association (CTA), and the Young Men’s Christian Association (YMCA) to debut an unheralded campaign in order to support the sought-after legislation. The campaign was called “Project 18,”and its ultimate goal was to lobby for a newly created Constitutional amendment permitting the suffrage of persons at a minimum age of 18 years. After witnessing Project 18’s support throughout the country and seeing all of the valiant efforts being made by commonplace yet altogether passionate American citizens, the president at the time - Richard Nixon - allowed people of 18 years of age to vote in the amended Voting Rights Act of 1970.
This change, however, did not fare well with a substantial number of the American people. Although Congress passed legislation requiring that the legal voting age for citizens of the United States of America be decreased from 21 years of age to 18, the states of Oregon, Texas, and Idaho saw this change in the voting age as a violation of the United States Constitution. The Supreme Court of the United States further substantiated their claims and, in the popular Supreme Court case entitled Oregon v. Mitchell, ruled in favor of their decision. The three states brought suit against John Mitchell and challenged the Voting Rights Act Amendment. The argument against this claim detailed that under the Equal Protection Clause, the government cannot hinder the suffrage of an individual between the age range of 18 and 21. In a 5-4 vote, the Supreme Court deemed it unconstitutional to amend the voting age for state elections specifically; however, it ruled that Congress does have the power to amend the voting age for federal elections.
Although this at first seemed like a massive blight on the previous efforts of youth and organizations across the nation, things somehow managed to fall into place in the end. On March 10th in the year 1971, the United States Senate voted unanimously in a 94-0 vote to pass the resolution in support of amending the voting age. On March 23, 1971, the United States House of Representatives subsequently supported it as well in a 401-19 vote. Signed into law in the month of July, this groundbreaking piece of legislation was the fastest proposed amendment to take effect in the history of the United States of America - merely within the span of four months!   
On July 1st in the year 1971, the Twenty-Sixth Amendment to the United States Constitution was ratified. The youth of America’s valiant and heroic efforts did not go unnoticed and, furthermore, did not die in vain.

Effect of the 26th Amendment on the United States of America
The Twenty-Sixth Amendment to the United State Constitution, at the time of its passage and ratification, added around eleven million new young voters to the election polls. Although it was believed that these younger voters would vote for George McGovern, Nixon’s democratic challenger, Nixon was almost overwhelmingly re-elected back into office, perhaps as a token of appreciation for the generous Constitutional amendment.  The Twenty-Sixth Amendment’s lasting effect however is the suffrage of young voters. The Twenty-Sixth Amendment ultimately allows teenagers of at least eighteen years of age the ability to become active the in the United States’ political process.

Effect of the 26th Amendment on Me

The Twenty-Sixth Amendment is a fundamentally crucial piece of legislation. Living within a country that flourished in part due to the oppression of others, I believe that not only the stipulations of the Twenty-Sixth Amendment, but also the principle of the Twenty-Sixth Amendment is of utmost importance. If we allow suffrage to United States citizens regardless of race, regardless of gender, regardless of sexual orientation, and regardless of previous nationality, what does it say to the world when we continue to deny the vote of American citizens due to their age? The oppression of youth in the United States of America is a grim yet over-looked reality. From curfews to uniforms to legislation restricting youth from entering certain shopping centers on certain days of the week, this country tries vigorously to put a censor on us - to halt our expression and, ultimately, our freedoms. With this groundbreaking and incontrovertibly necessary piece of legislation, the United States of America continues to live up to its oftentimes elusive promise of “liberty and justice for ALL.”

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