Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts

Friday, September 26, 2008

Founding Fathers Quote Friday - Liberty

Favorite Founding Father's Quote Day

This is the second installment of a weekly meme called FFQF, or, "Founding Father's Quote Friday" - to read more about what it is you can click here.

This month's theme is Liberty. And today's Founding Father is The Godfather of Founding Fathers, George Washington.

"Liberty, when it begins to take root, is a plant of rapid growth."

This quote from President Washington is taken from a letter he wrote to James Madison on March 2, 1788. The letter was written to Madison on the eve of the election of officials from Massachusetts, who were to vote on the ratification of the Constitution.

It was during this time in 1787 and 1788, that Madison, along with Alexander Hamilton and John Jay wrote the famed Federalist Papers. Most of the essays were published in between October 1787 and August 1788. So this letter falls right in the middle of it all.

In reading this quote and knowing it's context I get a sense that Washington was confident in the ratification of the Constitution. Almost reassuring Madison, who was the chief architect of the document, as it was based on his Constitution of Virginia, that his hard work would not go for naught.

By June 21, 1788, the Constitution had been ratified by nine states and it soon went into effect. The rest, as they say... is history.

The letter can be read in its entirety below.

Mount Vernon, March 2, 1788

Sir:

The decision of Massachusetts, notwithstanding its concomitants, is a severe stroke to the opponents of the proposed Constitution in this State; and with the favorable determination of the States which have gone before, and such as are likely to follow after, will have a powerful operation on the Minds of Men who are not actuated more by disappointment, passion and resentment, than they are by moderation, prudence and candor. Of the first description however, it is to be lamented that there are so many; and among them, some who would hazard every thing rather than their opposition should fail, or have the sagacity of their prognostications impeached by an issue contrary to their predictions.

The determination you have come to, will give pleasure to your friends. From those in your County you will learn with more certainty than from me, the expediency of your attending the election in it. With some, to have differed in sentiment, is to have passed the Rubicon of their friendship, altho’ you should go no further. With others (for the honor of humanity) I hope there is more liberality; but the consciousness of having discharged that duty which we owe to our Country, is superior to all other considerations, will place small matters in a secondary point of view.

His Most Ch—n M—y speaks, and acts in a style not very pleasing to republican ears or to republican forms; nor do I think this language is altogether so to the temper of his own subjects at this day. Liberty, when it begins to take root, is a plant of rapid growth. The checks he endeavors to give it, however warrantable by ancient usage, will more than probably, kindle a flame, which may not be easily extinguished; tho’ for a while it may be smothered by the Armies at his command, and the Nobility in his interest. When the people are oppressed with Taxes, and have cause to suspect that there has been a is application of their money, the language of despotism is but illy brooked. This, and the mortification which the pride of the Nation has sustained in the affairs of Holland (if one may judge from appearances) may be productive of events which prudence will not mention.

To-morrow, the Elections for delegates to the Convention of this State commences; and as they will tread close upon the heels of each other this month becomes interesting and important. With the most friendly sentiments and affectionate regard &c.

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Tuesday, March 18, 2008

John Adams Mini Series - Part 1 - Join or Die

Giamatti and Laura Linney as John and Abigail Adams in HBO's John Adams miniseriesHBO's John Adams debuted Sunday night, and I must say I was impressed. I worked with Comcast to finagle HBO for free for a 6 months. I had to buy all the channels in the 100s to do so, but I worked that to only be $4/month, and it includes the Do It Yourself (DIY) Network, which is well worth the $4 alone. All it took was to say NO to their first 3 offers.

Though I don't encourage showing an unguided movie in class, I do encourage the use of a film like John Adams to enhance the learning. That said, Part 1, entitled 'Join or Die' contains an excellent portrayal of the Boston Massacre and all of the indecision and doubt that surrounded the trial. For about minutes, HBO took you through the "riot", the reaction from the Colony, the decision for Adams to defend Captain Preston and the soldiers and finally the trial.

Done succinctly and with very little off topic tangents, it would be of good use in a US History class discussing the Boston Massacre and how it catapulted Adams into the spotlight and further ripped the seam between the Colonies and the King. It would also serve the purpose of a government class, exemplifying the "innocent until proven guilty" mantra as well as the emphasis of "facts and evidence" as clearly stated by Adams.

In addition to the Boston Massacre, part 1 alludes to the Boston Tea Party, the Intolerable Acts and concludes with Adams being selected to attend the First Continental Congress in Philadelphia.

Here is HBO's recap of episode one: http://www.hbo.com/films/johnadams/. It's cool and interactive. Heck, use this in class. Then show bits of the film. If you've got a DVD recorder show it now... it's for education... copyright? bahumbug!!!

Laura Linney is great and the guy who plays John Dickinson is impressive as well. George Washington, is played by the usually familiar face of David Morse (Green Mile, Hack), who incidentally was born in Massachusetts, Adam's "country".

If this film does anything it changes my perception of John Adams only in as much as how he looks and talks. I'm a big fan of the movie 1776, where Adams is portrayed brilliantly by William Daniels (aka Mr. Feeny from Boy Meets World, Dr. Craig from St. Elsewhere and of course... the voice of K.I.T.T from Knight Rider).

For your pleasure I've included an excerpt from 1776, to give you an idea of how I used to view John Adams... Paul Giamatti might just be good enough to change my mind. Can't wait for Sunday night.

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Saturday, March 08, 2008

March 8, 1884 - Susan B. Anthony Fights for Women's Suffrage

That date seems a little early for women's suffrage doesn't it. You're probably thinking... the 19th Amendment wasn't passed until the 1919. You're right. But March 8, 1884 marks the first date that Susan B. Anthony argued before congress. It was on this date t hat she began her address before the Judiciary Committee of the House of Representative.


We appear before you this morning…to ask that you will, at your earliest
convenience, report to the House in favor of the submission of a Sixteenth
Amendment to the Legislatures of the several States, that shall prohibit the
disfranchisement of citizens of the United States on account of sex.
Arguing to amend the Constitution to allow women the right to vote, Anthony was finally given the floor sixteen years after the idea for women's suffrage was introduced in Congress. So those that were thinking, this was a little early, must now realize that indeed it was a little late.

Anthony addressed the House Committee for four days, but it would take 35 more years before Congress would approve women's suffrage. On June 4, 1919 the "Anthony Amendment" was finally approved. On August 18, 1920, the states ratified it as the Nineteenth Amendment to the Constitution. However what was originally proposed as the 16th Amendment from Anthony took so long to pass, it was now the 19th Amendment.

Unfortunately, Susan B. Anthony died in 1906 having never cast a vote and never seeing the fruits of her labor.

For more information about Women's suffrage and Susan B. Anthony, visit The Susan B. Anthony House: http://www.susanbanthonyhouse.org/

Here's a timeline from the Library of Congress charting the women's suffrage movement: http://memory.loc.gov/ammem/vfwhtml/vfwtl.html

And for those that really love research and primary source documents, the Library of Congress Manuscript Division has a collection of the Papers of Susan B. Anthony: http://www.loc.gov/rr/mss/text/anthony.html






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Monday, May 14, 2007

Separate is Not Equal: Brown v. The Board of Education

In 1954 on May 17th the Supreme Court made a decision that would change the way people lived in the United States forever.

It was on this day that the Supreme Court overturned the decision of Plessy v. Ferguson. For 50 years, the Supreme Court upheld precedent which permitted racial segregation in public facilities.
Separate bathrooms, separate water fountains, separate schools, separate rail cars etc... It was determined that "separate was equal."

However, it is well known that these separate schools were hardly equal. The black schools were the ones that were worn down. The black schools had the old books. The black schools were further away. The black bathrooms weren't cleaned as often. The black rail cars were not close the platform... this is not equal.

It was this way until a little girl and her family fought back.

The case was actually a class action suit filed against the Board of Education of the City of Topeka, Kansas, made up of 13 Topeka parents fighting on behalf of their 20 children.

Linda Brown, a 3rd grader, was denied enrollment in a white school just seven blocks from her home, and was instead instructed to go to her designated black school, which was across a set of rail road tracks and over 1 hour away This, is not equal.

Future Supreme Court Justice Thurgood Marshall led brown’s legal team. Marshall was sensitive to issues like this. Incidentally, Marshall applied to go to the University of Maryland Law School, but was denied admission because he was Black. Instead, Marshall went to Howard University Law School where the new dean instilled a desire in the the students to apply the tenets of the Constitution to all Americans.

Marshall, was reluctantly living the life of the Plessy v. Ferguson era. Going to a black school, having been denied acceptance into the white school. He would, however get his just deserts, as his first major court case came in 1933 when he successfully sued the University of Maryland to admit a young African American. That is justice.

In the Brown case, Presiding Cheif Justice Earl Warren wrote the unanimous decision stating that racial segregation was unconstitutional… (totally different world to think that anyone would think the opposite.)

The decision's basis was that "separate is inherently unequal…" Our Constitution's 14th Amendment clearly states that no citizen of the united states should be denied the right to life or liberty.

"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."
I don't see any ambiguity in this one... No State, shall make any Law which shall abridge the privileges of its citizens. Period.

This case, paved the way for civil rights and should be celebrated as one of the greatest victories in American History...
PS:
Excellent resource for classrooms: http://www.landmarkcases.org/brown/background2.html

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Sunday, April 15, 2007

We The People... Must Pay Taxes

Traditionally, April 15 is tax day. It is a day that lives in infamy as the one event that many Americans see as the Government's way to take advantage of the common man. Still others see it as a necessity to allow the government to take care of things we normally wouldn't want to do on our own, i.e. deliver mail, put out fires, fix the potholes, police our streets, dispose of waste, or mow the grass at the park.

In order for our government to establish Justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the Blessings of Liberty... We the People, must pay taxes. Plain and simple.

However, it wasn't always this way.

The fledgling United States did not originally have an income tax. The original tax was brought about because of the great debt the states were in after The Revolutionary War.

Coincidentally, The Revolutionary War was ended on April 15, 1783 when the Continental Congress ratified preliminary articles of peace with Great Britain.

There shall be a firm and perpetual peace between his Britannic Majesty and the said States,…wherefore all hostilities both by sea and land shall then immediately cease.

Originally, monies collected from Whiskey and tobacco taxes provided much of
the government's early revenues. However, financing the Revolutionary War was expensive and the young United States, under The Articles of Confederation, struggled to raise funds from the thirteen states.

The Articles of Confederation (AOC), left the power to the states, leaving the federal government and the executive branch very weak without the power to levy taxes.

The AOC, adopted in 1781, reflected the American fear of a strong central government, something Thomas Jefferson fought against. This fear of a strong central government left much of the political power in the hands of the States. Therefore, the national government had few responsibilities and no nationwide tax system, relying on donations from the States for its revenue. Under the Articles, each State was a sovereign entity and could levy tax as it pleased.

In other words, the States didn't have to pay the Nation.

To pay for the war, the post Revolutionary War era brought about many new taxes. To pay the debts of the Revolutionary War, Congress levied excise taxes on distilled spirits, tobacco and snuff, refined sugar, carriages, property sold at auctions, and various legal documents.

The government however, also decided to use taxes for social influence. In Pennsylvania for example, there was an excise tax on liquor "to restrain persons in low circumstances from an immoderate use thereof." Much like the tax on cigarettes today.

So what about the income tax? When did this come into play? The income tax was not issued until the Civil War. However there was talk of using it sometime before that. There was never a thought to use taxes to equalize income and wealth, or for the purpose of redistributing income or wealth. Although Thomas Jefferson had his opinions on such an idea.

Jefferson, to "promote the general welfare" once wrote:

To take from one, because it is thought his own industry and that of his father
has acquired too much, in order to spare to others who (or whose fathers) have
not exercised equal industry and skill, is to violate arbitrarily the first
principle of association, "to guarantee to everyone a free exercise of his
industry and the fruits acquired by it."
This sounds unfair doesn't it. It throws Darwinism out the window, like a colonial chamber pot. Which is why men would always walk on the building side of the sidewalk, so that they would receive the brunt of the mess, should someone decide to dispose of last night's eliminations at that juncture.

Today, we have the tiered tax system to "promote the general welfare". Sure, you can say its not fair, but that is how it is done. There are all sorts of arguments for a fair tax plan, and ideas to only tax consumer goods and do away with the income tax altogether. Who knows what is best? Who knows if the Fair Tax Act would actually work? I'll save the discussion for another time.

The income tax, as we know it today, was first exercised during the Civil War. When the Civil War erupted, Congress passed the Revenue Act of 1861, which in addition to restoring earlier taxes, also imposed a tax on personal incomes. Any person making more than $800 a year was levied a 3 percent tax. The tax was not enforced until the following year.

In the spring of 1862, it was now clear that the war would not end quickly, as originally thought, and the government would need additional revenue to pay for its $2 million daily growth in debt.

To remedy this Congress passed new taxes on playing cards, gunpowder, feathers, telegrams, iron, leather, pianos, yachts, billiard tables, drugs, patent medicines, many legal documents and once again... whiskey.

The 1862 law also introduced the first tiered tax system. Incomes up to $10,000 were taxed at 3 percent, while anything higher was taxed at 5 percent. There were standard deductions and taxes were withheld at the source by employees.

When the war ended, the need for a continuous Federal revenue stream declined and most taxes were repealed in 1868. The income tax was abolished in 1872.

By 1913, 36 States had ratified the 16th Amendment, which authorized an income tax. The new income tax law had rates beginning at 1 percent and rising to 7 percent for taxpayers with income in excess of $500,000. Less than 1 percent of the population paid income tax at the time. They used the 1040 form, which is something we all know and love.

World War One greatly increased the need for federal revenue generated through taxes. An act in 1916 raised the tax rate. It was raised again in 1918. The Roaring Twenties allowed the economy to boom, and Congress cut the tax rate 5 times.

Even after the crash of 1929, another tax hike was enacted in 1932, and so on and so forth. Each new war brought more money needed, more taxes, different taxes, sneakier taxes, etc...

We the People, in order to form a more perfect Union... must pay taxes.

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Sunday, March 18, 2007

The Father of Our Constitution

March 16th marked the 256th birthday of James Madison, who born into wealth in Orange County, Virginia.

Many, know very little about James Madison. The name is familiar. They know his association with our fledgling nation, but perhaps are not familiar with all of his accomplishments. Some may not even know that he was our 4th President. If this describes you, then feast your brain on a quick bio of 'The Father of our Constitution'.


Childhood

As a child, Madison was smaller then most of the kids his age. He was also frail and contracted a lot illnesses growing up, which lead him to becoming a hypochondriac. Because his illnesses, real or assumed, required him to miss a lot of school, Madison was a few years older than his classmates.

Being born into the Virginia aristocracy, Madison never had to worry about working for a living but decided to study law, religion and political theory on his own accord. By age 11 it is believed that he had read every book in his Virginia home, Montpelier.

Madison went on to attend The College of New Jersey (Princeton) where he finished 3 years worth of schooling in 2 years. I guess all that reading paid off. His study at TCNJ was cut short for illness and Madison returned home to tutor his many brothers and sisters.

Political Life

Madison never imagined he'd join the ranks of Thomas Jefferson or George Washington in the fight for independence as his confidence within himself was not strong. He didn't think he had anything to contribute to the colonial movements and labeled himself as too "dull and infirmed now to look out for extraordinary things" and he did not "expect a long healthy life".

In December of 1774, Madison was elected to local office as a member of the Orange County Committee. He attended the Virginia convention in 1776 and was later elected to the General Assembly where he served alongside George Mason, Richard Henry Lee and Thomas Jefferson.

It was here where Madison realized he and Jefferson shared many of the same political views. The two Virginians grew close, and became life long friends and allies.

While on the General Assembly Madison helped Thomas Jefferson to pass the Statute of Religious Freedom and the two worked together to oppose the Government's support of religion and helped to build the "wall of separation" between church and state.

Madison also worked with another well respected Virginian, the great George Washington at the Annapolis Convention. Here they worked out the navigational rights of the Potomac River.

He also participated in the framing of the Virginia Constitution in 1776, and served in the Continental Congress

National Spotlight

As the United States began to take shape, and after winning the war for independence, with help in many different arenas from the aforementioned Washington, Jefferson, Lee, Mason and Madison the United States was now realizing that their first attempt at Government was not working.

The infamous Articles of Confederation, which worked well enough to get the U.S. through the war was now being exposed as having a weak executive branch with no power to demand taxes from the states and having no way to settle disputes between the states. Additionally each state had its own rules on trading and commerce and it did not bode well for relations between the states.

Something had to change. Enter, James Madison.

Good ol' James came to the convention with the intent to scrap the entire Articles of Confederation and start all over. To support his this, Madison came prepared with his own replacement, the Virginia Plan.

The Virginia Plan was part of the compromise between large states and small states. Small states wanted equal representation, the same as the large states, while the larges states felt they should have more representation than the smaller states. Because, after all, they had more people.

Thus, our 2 tiered congress was born. Small states have equal representation in the Senate (2 per state) and the larger states have more representation in the House. (representation based on population.) There was actually a whole lot more to it, with arguments over how slaves should be counted. If slaves counted as citizens for the south shouldn't they count for taxes too? Thus the 3/5 compromise.. the compromises of this Convention go on and on... but since this is about James Madison, we'll save this for another time...

For now, consider this Part 1 - of the life and times of James Madison.

For information about James Madison's life in Philadelphia, please visit The Daily Life and Diversity of Philadelphia. This is a site I worked on in conjunction with Independence National Park.

Please go to the USHistorySite.com for James Madison Lesson Plans

James Madison... to be continued...

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Saturday, February 03, 2007

Losing Trust in the American Government.. is nothing new.


If you've lost trust in the Government from Watergate and beyond, then you've been misinformed of the ills of our Government from the many years before that. Not unlike 'democratic' Governments of Ancient Greece and Rome, our United States government has not earned the trust of the American people from day one.

Let's begin with the original writing of the Constitution. The original constitution left a lot to be desired as far as human rights were concerned. The main articles of the constitution did a good job explaining the legislative process but didn't quite complete the job with the inclusion of the rights of the people.

The 'Elastic Clause' as it has come to be named, leaves an open door for the Legislative Branch to do whatever they'd like as long as the deem it 'necessary and proper'. Which is a phrase, much like the rest of the Constitution, that is ambiguous and can be interpreted many different ways.

Article 1, Section 8, Clause 18, states:




"The Congress shall have the Power... ...To make all laws which shall be
necessary and proper for carrying into Execution the foregoing Powers, and all
other Powers vested by this Constitution in the Government of the United States,
or in any Department or Office thereof."


In other words, if it is NOT written in the constitution, then congress can decide what should be written there if they consider "necessary and proper" for that given moment. Put frankly, it left the door open for them to fill in the blanks.

The second way our original Constitution was not to be trusted was with the absence of our individual rights. The constitution gave plenty of rights to the government, namely the Congress, the Courts and the Executive Branch, but didn't list ANY right of the citizens. Many states would not ratify the constitution for this reason. The authors of the famous Federalist Papers were in favor of this 'big government' and were persuading the public to support the new Constitution.

Alexander Hamilton, James Madison and John Jay, just might be the first politicians to try and pull the wool over our heads. Their Federalist Papers tried to convince t he public to ratify the Constitution, as is. But many anti-federalists demanded that individual rights be included in the new constitution, and they were.

Thus, the first 10 Amendments, or changes were made to the Constitution. The Bill of Rights serve as a reminder that the Government can't get away with everything. Had nobody fought for our rights in the 1787 and 1788, when the Constitution was being debated, then our world would be entirely different.

Thank you Thomas Paine!

The list of Government mistrust goes on and on. We could talk about Andrew Jackson and his spoils system, the Election of 1824, the corrupt Presidencies of U.S. Grant and James Garfield, or any politician during the Gilded Age. But I think the strongest argument can be said for the precedent set by the Constitution and its original inability to provide for the common good of all men.

PS. Despite my accusations of the authors of the Federalist Papers, I think the views of all the founding fathers were instrumental in creating our great democracy. Incidentally, Alexander Hamilton is one of my favorite 'fathers' for his efforts with the banking system and the economy.

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