Honors US Constitution Lesson 45
Terms in this set (54)
In light of the Emanciaption Proclamation, why was the 13th amendment thought to be necessary?
The Emancipation Proclamation only freed slaves in the confederacy; the amendment was needed to apply to everyone with no exceptions
What exception does the 13th amendment make regarding involuntary servitude?
When it's part of a criminal sentence, you can keep them to do work as a punishment for their crimes
What grant of power is contained in the 13th amendment? How was this power been broadened in recent years?
Congress passed a civil rights act that expanded government to enforce private and public laws; to enforce laws at any extent
To whom did the 14th amendment grant the privileges of state and national citizenship? Why was this thought to be necessary after the Civil War?
Everyone born or naturalized in the U.S. (including slaves); because there continued to be abuse of slaves and people in states were being discriminated against
Which part of the 14th amendment merely repeats a provision in Article IV, section 2, of the Constitution? Can you give examples of privileges and immunities on the federal level?
No state can pass laws that abridge privileges and immunities
Ex: working hours, labor laws
Which provision in the 14th amendment is repeated from the 5th amendment?
No state shall deprive a person of life, liberty, or property without due process of law
What provision in the 14th amendment have the federal courts used as a basis for usurping new federal power?
Equal protection of the law
What constitutional principle regarding appointment of representatives and taxation was abolished by the 14th amendment?
3/5 compromise, everyone is counted the exact same
Under what conditions were American Indians still to be excluded as voting citizens?
Unless they pay taxes
How did the 14th amendment penalize a state that prevented former slaves from voting?
If you don't let a qualified person vote, your number of representatives decreases by that number (They'll lose seats in the House)
What provision in the 14th amendment demonstrated the vindictiveness of congressional leaders toward the South? How did President Andrew Johnson counter this action?
Excludes every southern leader
How did the 14th amendment regard the validity of Union debts?
They're going to pay every single person they owe
How did the 14th amendment regard the validity of Confederate debts?
These debts are illegal and won't be paid
-1.4 billion wouldn't be paid
Were former slave owners allowed to claim a loss due to a lack of due process or the lack of compensation?
No, it said they couldn't
Why has the 14th amendment resulted in so much expansion of federal power?
It is a poorly written amendment, so it has the most legislation and court cases
-it is vague and not specific
What did the 15th amendment accomplish?
Allows all men to vote with no discrimination on race
Explain how slavery stems from the darker side of human nature. Is it primarily a racial problem?
It became a racial issue in America, but it didn't start that way
Describe efforts to eliminate slavery before 1793. What happened to reverse this development?
It was decreasing in the late 1700s and exploded again after the invention of the cotton gin
Summarize the main points made by Pulitzer Prize-winning historian Fred Albert Shannon in his story of American slavery
Many southern states weren't mad about slaves being outlawed
What specific constitutional provision was changed in the 16th amendment?
Congress has power to tax on income (direct tax)
Briefly recount the history of the 16th amendment
Taft made a bill, wanted republicans to tear it down, but they didn't
Did this amendment really "soak the rich", as its' advocates claimed it would?
No, because they got around it by anticipating it, so they set up foundations to put their money in as charity
What device introduced in 1943 has shifted the income-tax burden from the wealthy to the masses?
Federal withholding tax
Enumerate the weakness of a national income-tax system
Violates privacy because you must tell the government what you make, own, and give to charity
What has a former commissioner of the IRS admitted about the collection of income taxes?
He said it's unconstitutional. He said it's Marxist because you redistribute to others
How could we implement a better system of taxation?
-Flat tax: 20% on everyone, fairly assessed
-Balance budget: only pay for what money you have
-National sales tax
The 13th amendment prohibits _____________
Why wasn't Lincoln's Emancipation Proclamation good enough?
It only freed slaves in the south
Give two provisions of the 14th amendment
2. Cannot strip citizens of life, liberty, or property without due process
Name two ways the 14th amendment punished the south
1. Southern leaders cannot hold seats in public office
2. Not going to pay confederate debts
The 14th amendment shifts much power from the ___________ to the _____________ government. It makes the federal government a _________________ over the ___________
States; federal; watchdog; states
The 15th amendment guarantees all males what?
The right to vote
The 16th amendment was introduced as a way to __________________ the other party to openly vote against a "___________-the_________" philosophy, which would have embarrassed them
Embarrass; soak the rich
Those who introduced it did not want it and felt the ____________ would defeat it
Why does the income tax not reach the super-wealthy?
They put their money in tax exempt charities
Enforcing the 16th amendment really violates the ______ amendment
The 16th amendment was even opposed by a former _________ commissioner
What is a better way for the federal government to raise revenue from the people?
-national sales tax
Right to bear arms
No housing troops
Protects against unnecessary search and seizure
1. No self incrimination
2. No double jeopardy
3. No stripping life, liberty without due process
4. Can't take property without compensation
1. Right to fast trial
2. Impartial jury
3. Know what your charges are
4. Face witnesses
5. Have witnesses on your own defense
6. Have a lawyer
Right to a jury trial in civil cases
No excessive bail and cruel and unusual punishment
Rights of people
Rights of states
You cannot sue a state you do not live in without the state's knowledge
Changes in the electoral college
Citizenship (equal protection under the law)
Right of all races of men to vote
"Soak-the-rich" income tax