HAMID RASUL MUSAFIR

musafir kab thehertey hain ...

As I am student of American Studies, it is my field of interest as well. Here you will find articles related to the Americas. These articles cover the history, politics, culture, government, system, personalities, issues and many other points regarding Americas. I hope this section will be worthy for American Studies students and for general visiters as well!

Individualism

INDIVIDUALISM 

 

Individualism is the moral stance, political philosophy, or social outlook that stresses independence and self-reliance. Individualists promote the exercise of one's goals and desires, while opposing most external interference with one's choices, whether by society, the state, or any other group or institution. Individualism is opposed to collectivism or statism, which stress that communal, community, group, societal, or national goals should take priority over individual goals. Individualism is also opposed to tradition, religion, or any other form of external moral standard being used to limit an individual's choice of actions.

Individualism has a controversial relationship with egoism (selfishness). While some individualists are egoists, they usually do not argue that selfishness is inherently good. Rather, some argue that individuals are not duty-bound to any socially-imposed morality and that individuals should be free to choose to be selfish (or to choose any other lifestyle) if they so desire. Others, such as Ayn Rand, argue against moral relativism and argue selfishness is a virtue. Others still argue against both moral relativism and egoism.

Etymology

The concept of "individualism" was first used by the French Saint-Simonian socialists, to describe what they believed was the cause of the disintegration of French society after the 1789 Revolution. The term was however already used (pejoratively) by reactionary thinkers of the French Theocratic School, such as Joseph de Maistre, in their opposition to political liberalism. The Saint-Simonians did not see political liberalism as the problem though, but saw in "individualism" a form of "egoism" or "anarchy," the "ruthless exploitation of man by man in modern industry." While the conservative anti-individualists attacked the political egalitarianism brought about by the Revolution, the Saint-Simonians criticized laissez-faire (economic liberalism), for its perceived failure to cope with the increasing inequality between rich and poor. Socialism, a word introduced by the Saint-Simonians, was to bring about "social harmony."

In the English language, the word "individualism" was first introduced, as a pejorative, by the Owenites in the 1830s, although it is unclear if they were influenced by Saint-Simonianism or came up with it independently. A more positive use of the term in Britain came to be used with the writings of James Elishama Smith, who was a millenarian and a Christian Israelite. Although an early Owenite socialist, he eventually rejected its collective idea of property, and found in individualism a "universalism" that allowed for the development of the "original genius." Without individualism, Smith argued, individuals cannot amass property to increase one's happiness. William Maccall, another Unitarian preacher, and probably an acquaintance of Smith, came somewhat later, although influenced by John Stuart Mill, Thomas Carlyle, and German Romanticism, to the same positive conclusions, in his 1847 work "Elements of Individualism".

Political individualism

In political philosophy, the individualist theory of government holds that the state should protect the liberty of individuals to act as they wish as long they do not infringe on the liberties of others. This contrasts with collectivist political theories, where, rather than leaving individuals to pursue their own ends, the state ensures that the individual serves the whole society. The term has also been used to describe "individual initiative" and "freedom of the individual." This theory is described well by "laissez faire," which means in French "let [the people] do" [for themselves what they know how to do].

Individualists are chiefly concerned with protecting individual autonomy against obligations imposed by social institutions (such as the state). Many individualists believe in protecting the liberties of the minority from the wishes of the majority. After all, the individual is the smallest minority. Thus, individualists oppose democratic systems without constitutional protections exist that do not allow individual liberty to be diminished by the interests of the majority. These concerns encompass both civil and economic liberties. For example, they oppose any concentration of commercial and industrial enterprise in the hands of the state, and the municipality. The principles upon which this opposition is based are mainly two: that popularly-elected representatives are not likely to have the qualifications, or the sense of responsibility, required for dealing with the multitudinous enterprises, and the large sums of public money involved in civic administration; and that the "health of the state" depends upon the exertions of individuals for their personal benefit (who, "like cells", are the containers of the life of the body). Individualism may take a radicalist approach, as in individualist anarchism.

For some political individualists, who hold a view known as methodological individualism, the word "society" can never refer to anything more than a very large collection of individuals. Society does not have an existence above or beyond these individuals, and thus cannot be properly said to carry out actions, since actions require intentionality, intentionality requires an agent, and society as a whole cannot be properly said to possess agency; only individuals can be agents. The same holds for the government. Under this view, a government is composed of individuals; despite that democratic governments are elected by popular vote, the fact remains that all of the activities of government are carried out by means of the intentions and actions of individuals. Strictly speaking, the government itself does not act. For example, the point is sometimes made that "we" have decided to enact a certain policy, and sometimes this usage is used to imply that the entity known as "society" supports the policy and thus it is justified. The methodological individualist points out that "we" in fact did not enact or carry out this policy; among those who voted, a certain group of people voted for the policy, individuals all, and another group voted against it. The decision that emerged was not made by the "people", or by the "government"; it was made by those on the winning side of the vote. This is significant because in any collective there exists individuals who oppose the policy whose wills are being overridden, and the use of "we" tends to obscure that fact. The individualist wishes to highlight the importance of the individual and prevent subsumption into a collective. For these reasons, methodological individualists tend to disagree with claims such as "we deserve the government we have, because we are doing it to ourselves," since perhaps that individual and very possibly many others disagree with the actions of the individuals who hold government power. That said, many individualists are willing to use "we" in reference to government or society as a convenient shorthand as long as the fact that these entities are composed of individuals is kept in mind.

Individualism and society

Jean-Jacques Rousseau's "social contract" maintains that each individual is under implicit contract to submit his own will to the "general will." This advocacy of subordinating the individual will to a collective will is in fundamental opposition to the individualist philosophy. An individualist enters into society to further his own interests, or at least demands the right to serve his own interests, without taking the interests of society into consideration (an individualist need not be an egoist). The individualist does not lend credence to any philosophy that requires the sacrifice of the self-interest of the individual for any higher social causes. Rousseau would argue, however, that his concept of "general will" is not the simple collection of individual wills and precisely furthers the interests of the individual (the constraint of law itself would be beneficial for the individual, as the lack of respect for the law necessarily entails, in Rousseau's eyes, a form of ignorance and submission to one's passions instead of the preferred autonomy of reason).

Societies and groups can differ, in the extent to which they are based upon predominantly "self-regarding" (individualistic, and arguably self-interested) rather than "other-regarding" (group-oriented, and group, or society-minded) behaviour. Ruth Benedict argued that there is also a distinction, relevant in this context, between "guilt" societies (e.g. medieval Europe) with an "internal reference standard", and "shame" societies (e.g. Japan, "bringing shame upon one's ancestors") with an "external reference standard", where people look to their peers for feedback on whether an action is "acceptable" or not (also known as "group-think").

The extent to which society, or groups are "individualistic" can vary from time to time, and from country to country. For example, Japanese society is more group-oriented (e.g. decisions tend to be taken by consensus among groups, rather than by individuals), and it has been argued that "personalities are less developed" (than is usual in the West). The USA is usually thought of as being at the individualistic (its detractors would say "atomistic") end of the spectrum (the term "Rugged Individualism" is a cultural imprint of being the essence of Americanism), whereas European societies are more inclined to believe in "public-spiritedness", state "socialistic" spending, and in "public" initiatives.

John Kenneth Galbraith made a classic distinction between "private affluence and public squalor" in the USA, and private squalor and public affluence in, for example, Europe, and there is a correlation between individualism and degrees of public sector intervention and taxation.

Individualism is often contrasted with either totalitarianism or collectivism, but in fact there is a spectrum of behaviors ranging at the societal level from highly individualistic societies (e.g. the USA) through mixed societies (a term the UK has used in the post-World War II period) to collectivist. Also, many collectivists (particularly supporters of collectivist anarchism or libertarian socialism) point to the enormous differences between liberty-minded collectivism and totalitarian practices.

Individualism, sometimes closely associated with certain variants of individualist anarchism, libertarianism or classical liberalism, typically takes it for granted that individuals know best and that public authority or society has the right to interfere in the person's decision-making process only when a very compelling need to do so arises (and maybe not even in those circumstances). This type of argument is often observed in relation to policy debates regarding regulation of industries, as well as in relation to personal choice of lifestyle.

Economic individualism

The doctrine of economic individualism holds that each individual should be allowed autonomy in making his own economic decisions as opposed to those decisions being made by the state, or the community, for him. Moreover, it often advocates the private ownership of property as opposed to state or collective arrangements. In some countries, corporations have gained for themselves the legal status of individual persons.

Individualism and US history

At the time of the formation of the United States, many of its citizens had fled from state or religious oppression in Europe and were influenced by the egalitarian and fraternal ideals that later found expression in the French revolution. Such ideas influenced the framers of the U.S. Constitution (the Jeffersonian Democratic-Republicans) who believed that the government should seek to protect individual rights in the constitution itself; this idea later led to the Bill of Rights. According to Ronald Scollon, the "fundamental American ideology of individualism" can be summarized by the following two statements: 1. The individual is the basis of all reality and all society. 2. The individual is defined by what he or she is not." Explaining the latter statement, he says that American individualism emphasizes that the individual is not subject to arbitrary laws, and not subject to domination by historical precedent and preference.

Individualism Old and New (Book)

Individualism Old and New is a politically and socially progressive book by John Dewey, an American philosopher, written in 1930. Written after the Great Depression, the book argues that the emergence of a new kind of American individualism necessitates political and cultural reform to achieve the true liberation of the individual in a world where the individual has become submerged.

Overview

Dewey argues that America has become a socially corporate society which has been consumed by a culture of private pecuniary gain. Yet he also sees a simultaneous contradiction, for Americans do not outwardly value private gain in and of itself. Thus the individual is lost in a world of multiple and nearly meaningless associations; and until the individual and his groups are harmonized as one, the individual will remain submerged. However, the problem remains undiagnosed and unseen, for intellectuals are held back by their belief in an "older" individualism that refuses to acknowledge the corporate nature of American society.

Dewey writes that "as long as this conception possesses our minds, the ideal of harmonizing our thought and desire with the realities of our present social conditions will be interpreted to mean accommodation and surrender.”

He thus argues for some kind of "socialism" where Industry is controlled by Democratic forms in the same way they run our governments. He argues that fixing the problem with culture is one in the same with that of liberating the individual; by abolishing culture driven by private pecuniary gain and reaffirming the importance of community and industrial cooperative control, Dewey argues that the individual will be harmonized with his communities and liberated to achieve true progress.

Bill of Rights

Bill of Rights 

In the United States, the Bill of Rights is the name by which the first ten amendments to the United States Constitution are known. They were introduced by James Madison to the First United States Congress in 1789 as a series of constitutional amendments, and came into effect on December 15, 1791, when they had been ratified by three-fourths of the States. The Bill of Rights limits the powers of the federal government of the United States, protecting the rights of all citizens, residents and visitors on United States territory.

The Bill of Rights protects freedom of speech, freedom of religion, the right to keep and bear arms, the freedom of assembly, and the freedom to petition. It also prohibits unreasonable search and seizure, cruel and unusual punishment, and compelled self-incrimination. The Bill of Rights also prohibits Congress from making any law respecting establishment of religion and prohibits the federal government from depriving any person of life, liberty, or property, without due process of law. In federal criminal cases, it requires indictment by grand jury for any capital or "infamous crime", guarantees a speedy public trial with an impartial jury composed of members of the state or judicial district in which the crime occurred, and prohibits double jeopardy. In addition, the Bill of Rights states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," and reserves all powers not granted to the federal government to the citizenry or States. Most of these restrictions were later applied to the states by a series of decisions applying the due process clause of the Fourteenth Amendment, which was ratified in 1868, after the American Civil War.

Madison proposed the Bill of Rights while ideological conflict between Federalists and anti-Federalists, dating from the 1787 Philadelphia Convention, threatened the overall ratification of the new national Constitution. It largely responded to the Constitution's influential opponents, including prominent Founding Fathers, who argued that the Constitution should not be ratified because it failed to protect the basic principles of human liberty. The Bill was influenced by George Mason's 1776 Virginia Declaration of Rights, the 1689 English Bill of Rights, works of the Age of Enlightenment pertaining to natural rights, and earlier English political documents such as Magna Carta (1215).

Two additional articles were proposed to the States; only the final ten articles were ratified quickly and correspond to the First through Tenth Amendments to the Constitution. The first Article, dealing with the number and apportionment of U.S. Representatives, never became part of the Constitution. The second Article, limiting the ability of Congress to increase the salaries of its members, was ratified two centuries later as the 27th Amendment. Though they are incorporated into the document known as the "Bill of Rights", neither article establishes a right as that term is used today. For that reason, and also because the term had been applied to the first ten amendments long before the 27th Amendment was ratified, the term "Bill of Rights" in modern U.S. usage means only the ten amendments ratified in 1791.

The Bill of Rights plays a central role in American law and government, and remains a fundamental symbol of the freedoms and culture of the nation. One of the original fourteen copies of the Bill of Rights is on public display at the National Archives in Washington, D.C.

Background

The Philadelphia Convention set out to correct weaknesses inherent in the Articles of Confederation that had been apparent even before the American Revolutionary War had been successfully concluded. The newly constituted Federal government included a strong executive branch, a stronger legislative branch and an independent judiciary.

Arguments against the Bill of Rights

The idea of adding a bill of rights to the Constitution was originally controversial. Alexander Hamilton, in Federalist No. 84, argued against a "Bill of Rights," asserting that ratification of the Constitution did not mean the American people were surrendering their rights, and therefore that protections were unnecessary: "Here, in strictness, the people surrender nothing, and as they retain every thing, they have no need of particular reservations." Critics pointed out that earlier political documents had protected specific rights, but Hamilton argued that the Constitution was inherently different:

Bills of rights are in their origin, stipulations between kings and their subjects, abridgments of prerogative in favor of privilege, reservations of rights not surrendered to the prince. Such was "Magna Charta", obtained by the Barons, swords in hand, from King John.

Finally, Hamilton expressed the fear that protecting specific rights might imply that any unmentioned rights would not be protected:

I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?

Essentially, Hamilton and other Federalists believed in the British system of common law which did not define or quantify natural rights. They believed that adding a Bill of Rights to the Constitution would limit their rights to those listed in the Constitution. This is the primary reason the Ninth Amendment was included.

The Anti-Federalists

On June 5, 1788, Patrick Henry spoke before Virginia's ratification convention in opposition to the Constitution: "Is it necessary for your liberty that you should abandon those great rights by the adoption of this system? Is the relinquishment of the trial by jury and the liberty of the press necessary for your liberty? Will the abandonment of your most sacred rights tend to the security of your liberty? Liberty, the greatest of all earthly blessings—give us that precious jewel, and you may take every thing else!"

Following the Philadelphia Convention, some famous revolutionary figures and statesmen, such as Patrick Henry, publicly argued against the Constitution. Many were concerned that the strong national government proposed by the Federalists was a threat to individual rights and that the President would become a king, and objected to the federal court system in the proposed Constitution.

Thomas Jefferson, at the time serving as Ambassador to France, wrote to Madison advocating a Bill of Rights: "Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can." George Mason refused to sign the proposed Constitution, in part to protest its lack of a Bill of Rights.

In a paper later collected into the Anti-Federalist papers, the pseudonymous "Brutus" (probably Robert Yates) wrote,

We find they have, in the ninth section of the first article declared, that the writ of habeas corpus shall not be suspended, unless in cases of rebellion — that no bill of attainder, or ex post facto law, shall be passed — that no title of nobility shall be granted by the United States, etc. If every thing which is not given is reserved, what propriety is there in these exceptions? Does this Constitution any where grant the power of suspending the habeas corpus, to make ex post facto laws, pass bills of attainder, or grant titles of nobility? It certainly does not in express terms. The only answer that can be given is, that these are implied in the general powers granted. With equal truth it may be said, that all the powers which the bills of rights guard against the abuse of, are contained or implied in the general ones granted by this Constitution.

Brutus continued with an implication directed against the Framers:

Ought not a government, vested with such extensive and indefinite authority, to have been restricted by a declaration of rights? It certainly ought. So clear a point is this, that I cannot help suspecting that persons who attempt to persuade people that such reservations were less necessary under this Constitution than under those of the States, are wilfully endeavoring to deceive, and to lead you into an absolute state of vassalage.

Ratification and the Massachusetts Compromise

Individualism was the strongest element of opposition; the necessity, or at least the desirability, of a bill of rights was almost universally felt, and the Anti-Federalists were able to play on these feelings in the ratification convention in Massachusetts. By this stage, five of the states had ratified the Constitution with relative ease; however, the Massachusetts convention was bitter and contentious:

In Massachusetts, the Constitution ran into serious, organized opposition. Only after two leading Anti-federalists, Adams and Hancock, negotiated a far-reaching compromise did the convention vote for ratification on February 6, 1788 (187–168). Anti-federalists had demanded that the Constitution be amended before they would consider it or that amendments be a condition of ratification; Federalists had retorted that it had to be accepted or rejected as it was. Under the Massachusetts compromise, the delegates recommended amendments to be considered by the new Congress, should the Constitution go into effect. The Massachusetts compromise determined the fate of the Constitution, as it permitted delegates with doubts to vote for it in the hope that it would be amended.

Four of the next five states to ratify, including New Hampshire, Virginia, and New York, included similar language in their ratification instruments. They all sent recommendations for amendments with their ratification documents to the new Congress. Since many of these recommendations pertained to safeguarding personal rights, this pressured Congress to add a Bill of Rights after Constitutional ratification. Additionally, North Carolina refused to ratify the Constitution until progress was made on the issue of the Bill of Rights. Thus, while the Anti-Federalists were unsuccessful in their quest to prevent the adoption of the Constitution, their efforts were not totally in vain.

After the Constitution was ratified in 1789, the 1st United States Congress met in Federal Hall in New York City. Most of the delegates agreed that a "bill of rights" was needed and most of them agreed on the rights they believed should be enumerated.

Madison, at the head of the Virginia delegation of the 1st Congress, had originally opposed a Bill of Rights but hoped to pre-empt a second Constitutional Convention that might have undone the difficult compromises of 1787: a second convention would open the entire Constitution to reconsideration and could undermine the work he and so many others had done in establishing the structure of the United States Government. Writing to Jefferson, he stated, "The friends of the Constitution...wish the revisal to be carried no farther than to supply additional guards for liberty...and are fixed in opposition to the risk of another Convention....It is equally certain that there are others who urge a second Convention with the insidious hope of throwing all things into Confusion, and of subverting the fabric just established, if not the Union itself."

Madison based much of the Bill of Rights on George Mason's Virginia Declaration of Rights (1776), which itself had been written with Madison's input. He carefully considered the state amendment recommendations as well. He looked for recommendations shared by many states to avoid controversy and reduce opposition to the ratification of the future amendments. Additionally, Madison's work on the Bill of Rights reflected centuries of English law and philosophy, further modified by the principles of the American Revolution.

Antecedents

Locke

To some degree, the Bill of Rights (and the American Revolution) incorporated the ideas of John Locke, who argued in his 1689 work Two Treatises of Government that civil society was created for the protection of property (Latin proprius, or that which is one's own, meaning "life, liberty, and estate"). Locke also advanced the notion that each individual is free and equal in the state of nature. Locke expounded on the idea of natural rights that are inherent to all individuals, a concept Madison mentioned in his speech presenting the Bill of Rights to the 1st Congress. Locke's argument for protecting economic rights against government may have been most salient to the framers of the Amendments; quartering and cruel punishments were not the current abuses of 1791.

Virginia Declaration of Rights

The Virginia Declaration of Rights, well-known to Madison, had already been a strong influence on the American Revolution ("all power is vested in, and consequently derived from, the people …"; also "a majority of the community hath an indubitable, unalienable, and indefeasible right to reform, alter or abolish [the government]"). It had shaped the drafting of the United States Declaration of Independence a decade before the drafting of the Constitution, proclaiming that "all men are by nature equally free and independent, and have certain inherent rights of which … [they cannot divest;] namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety." On a practical level, its recommendations of a government with a separation of powers (Articles 5–6) and "frequent, certain, and regular" elections of executives and legislators were incorporated into the United States Constitution — but the bulk of this work addresses the rights of the people and restrictions on the powers of government, and is recognizable in the modern Bill of Rights:

The government should not have the power of suspending or executing laws, "without consent of the representatives of the people,". A legal defendant has the right to be "confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage," and may not be "compelled to give evidence against himself." Individuals should be protected against "cruel and unusual punishments", baseless search and seizure, and be guaranteed a trial by jury. The government should not abridge freedom of the press, or freedom of religion ("all men are equally entitled to the free exercise of religion"). The government should be enjoined against maintaining a standing army rather than a "well regulated militia".

English Bill of Rights

The English Bill of Rights (1689), one of the fundamental documents of English constitutional law, differed substantially in form and intent from the American Bill of Rights, because it was intended to address the rights of citizens as represented by Parliament against the Crown. However, some of its basic tenets are adopted and extended to the general public by the U.S. Bill of Rights, including

  • the right of petition
  • an independent judiciary (the Sovereign was forbidden to establish his own courts or to act as a judge himself),
  • freedom from taxation by royal (executive) prerogative, without agreement by Parliament (legislators),
  • freedom from a peace-time standing army,
  • freedom [for Protestants] to bear arms for their defence, as allowed by law,
  • freedom to elect members of Parliament without interference from the Sovereign,
  • freedom of speech in Parliament,
  • freedom from cruel and unusual punishments and excessive bail, and
  • freedom from fines and forfeitures without trial.

Madison's preemptive proposal

On June 8, 1789, Madison submitted his proposal to Congress. In his speech to Congress on that day, Madison said:

For while we feel all these inducements to go into a revisal of the constitution, we must feel for the constitution itself, and make that revisal a moderate one. I should be unwilling to see a door opened for a re-consideration of the whole structure of the government, for a re-consideration of the principles and the substance of the powers given; because I doubt, if such a door was opened, if we should be very likely to stop at that point which would be safe to the government itself: But I do wish to see a door opened to consider, so far as to incorporate those provisions for the security of rights, against which I believe no serious objection has been made by any class of our constituents.

Prior to listing his proposals for a number of constitutional amendments, Madison acknowledged a major reason for some of the discontent with the Constitution as written:

I believe that the great mass of the people who opposed [the Constitution], disliked it because it did not contain effectual provision against encroachments on particular rights, and those safeguards which they have been long accustomed to have interposed between them and the magistrate who exercised the sovereign power: nor ought we to consider them safe, while a great number of our fellow citizens think these securities necessary.

Ratification process

On November 20, 1789, New Jersey became the first state to ratify these amendments. On December 15, 1791, 10 of these proposals became the First through Tenth Amendments — and United States law — when they were ratified by the Virginia legislature.

Articles III to XII were ratified by 11/14 states (> 75%). Article I, rejected by Delaware, was ratified only by 10/14 States (< 75%), and despite later ratification by Kentucky (11/15 states < 75%), the article has never since received the approval of enough states for it to become part of the Constitution. Article II was ratified by 6/14, later 7/15 states, but did not receive the 3/4 majority of States needed for ratification until 1992 when it became the 27th Amendment.

Ratification dates

Later consideration

Lawmakers in Kentucky, which became the 15th state to join the Union in June 1792, ratified the entire set of twelve proposals during that commonwealth's initial month of statehood, perhaps unaware — given the nature of long-distance communications in the 1700s — that Virginia's approval six months earlier had already made ten of the package of twelve part of the Constitution.

Although ratification made the Bill of Rights effective in 1791, three of the original thirteen states — Connecticut, Georgia, and Massachusetts — did not "ratify" the first ten amendments until 1939, when they were urged to do so in a celebration of the 150th anniversary of their passage by Congress.

Copies of the Bill of Rights

Fourteen copies of the Bill of Rights were made, one for the federal government and one for each of the original thirteen states:

  • Connecticut
  • Delaware
  • Georgia
  • Maryland
  • Massachusetts
  • New Hampshire
  • New Jersey
  • New York
  • North Carolina
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Virginia

The copies for Georgia, Maryland, New York, and Pennsylvania are missing. The New York copy is thought to have been destroyed in a fire while the Pennsylvania copy reportedly disappeared in the later 18th century. Two unidentified copies of the missing four (thought to be the Georgia and Maryland copies) survive; one is in the Library of Congress and the other is in the New York Public Library.

North Carolina's copy was stolen by a union soldier in April 1865 and returned to North Carolina in 2005, 140 years later.

Incorporation extends to States

Originally, the Bill of Rights applied only to the federal government and not to the several state governments. Parts of the amendments initially proposed by Madison that would have limited state governments ("No state shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases.") were not approved by Congress, and therefore the Bill of Rights did not appear to apply to the powers of state governments.

Thus, states had established state churches up until the 1820s, and Southern states, beginning in the 1830s, could ban abolitionist literature. In the 1833 case Barron v. Baltimore, the Supreme Court specifically ruled that the Bill of Rights provided "security against the apprehended encroachments of the general government—not against those of local governments." However, in the 1925 judgment on Gitlow v. New York, the Supreme Court ruled that the Fourteenth Amendment, which had been adopted in 1868, made certain applications of the Bill of Rights applicable to the states. The Supreme Court then cited the Gitlow case as precedent for a series of decisions that made most, but not all, of the provisions of the Bill of Rights applicable to the states under the doctrine of selective incorporation.

Display and honoring of the Bill of Rights

In 1941, President Franklin D. Roosevelt declared December 15 to be Bill of Rights Day, commemorating the 150th anniversary of the ratification of the Bill of Rights.

The Bill of Rights is on display at the National Archives and Records Administration, in the Rotunda for the Charters of Freedom.

The Rotunda itself was constructed in the 1950s and dedicated in 1952 by President Harry S Truman, who said, "Only as these documents are reflected in the thoughts and acts of Americans, can they remain symbols of power that can move the world. That power is our faith in human liberty …."

After fifty years, signs of deterioration in the casing were noted, while the documents themselves appeared to be well-preserved: "But if the ink of 1787 was holding its own, the encasements of 1951 were not … minute crystals and microdroplets of liquid were found on surfaces of the two glass sheets over each document.... The CMS scans confirmed evidence of progressive glass deterioration, which was a major impetus in deciding to re-encase the Charters of Freedom."

Accordingly, the casing was updated and the Rotunda rededicated on September 17, 2003. In his dedicatory remarks, two hundred and sixteen years after the close of the Constitutional Convention, President George W. Bush stated, "The true [American] revolution was not to defy one earthly power, but to declare principles that stand above every earthly power—the equality of each person before God, and the responsibility of government to secure the rights of all."

In 1991, the Bill of Rights toured the country in honor of its bicentennial, visiting the capitals of all fifty states.

Text of the Bill of Rights

Preamble

The Preamble to the Bill of Rights:

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Amendments

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.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

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

  • Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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.

Proposed amendments not passed with Bill of Rights

After the first enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall be not less than two hundred representatives, nor more than one representative for every fifty thousand persons.

No law varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

 

Constitution of United States

Constitution

of

United States

 

The Constitution of the United States of America is the supreme law of the United States. It provides the framework for the organization of the United States Government. The document defines the three main branches of the government: The legislative branch with a bicameral Congress, an executive branch led by the President, and a judicial branch headed by the Supreme Court. Besides providing for the organization of these branches, the Constitution carefully outlines which powers each branch may exercise. It also reserves numerous rights for the individual states, thereby establishing the United States' federal system of government. It is the shortest and oldest written constitution of any major sovereign state.

The United States Constitution was adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each U.S. state in the name of "The People"; it has since been amended twenty-seven times, the first ten amendments being known as the Bill of Rights. The Articles of Confederation and Perpetual Union was actually the first constitution of the United States of America. The U.S. Constitution replaced the Articles of Confederation as the governing document for the United States, and transformed the constitutional basis of government from confederation to federation, also making it the world's oldest federal constitution. The Constitution has a central place in United States law and political culture. The handwritten, or "engrossed", original document is on display at the National Archives and Records Administration in Washington, D.C.

History

Drafting and retification requirement

In September 1786, commissioners from five states met in the Annapolis Convention to discuss adjustments to the Articles of Confederation that would improve commerce. They invited state representatives to convene in Philadelphia to discuss improvements to the federal government. After debate, the Congress of the Confederation endorsed the plan to revise the Articles of Confederation on February 21, 1787. Twelve states, Rhode Island being the only exception, accepted this invitation and sent delegates to convene in May 1787. The resolution calling the Convention specified that its purpose was to propose amendments to the Articles, but through discussion and debate it became clear by mid-June that, rather than amend the existing Articles, the Convention decided to propose a rewritten Constitution. The Philadelphia Convention voted to keep the debates secret, so that the delegates could speak freely. They also decided to draft a new fundamental government design, which eventually stipulated that only nine of the thirteen states would have to ratify for the new government to go into effect (for the participating states). Current knowledge of the drafting and construction of the United States Constitution comes primarily from the diaries left by James Madison, who kept a complete record of the proceedings at the Constitutional Convention.

Work of the pheladelphia convention

The Virginia Plan was the unofficial agenda for the Convention, and was drafted chiefly by James Madison, considered to be "The Father of the Constitution" for his major contributions. It was weighted toward the interests of the larger states, and proposed among other points:

An alternative proposal, William Paterson's New Jersey Plan, gave states equal weights and was supported by the smaller states. Roger Sherman of Connecticut brokered The Great Compromise whereby the House would represent population, the Senate would represent states, and a president would be elected by electors.

The contentious issue of slavery was too controversial to be resolved during the convention. As a result, the original Constitution contained four provisions tacitly allowing slavery to continue for the next 20 years. Section 9 of Article I allowed the continued "importation" of such persons, Section 2 of Article IV prohibited the provision of assistance to escaping persons and required their return if successful and Section 2 of Article I defined other persons as "three-fifths" of a person for calculations of each state's official population. Article V prohibited any amendments or legislation changing the provision regarding slave importation until 1808, thereby giving the States then existing 20 years to resolve this issue. The failure to do so was a contributing factor to the Civil War.

Ratification

Ratification of the Constitution

 

Date

State

Votes

Yes

No

1

December 7, 1787

Delaware

30

0

2

December 12, 1787

Pennsylvania

46

23

3

December 18, 1787

New Jersey

38

0

4

January 2, 1788

Georgia

26

0

5

January 9, 1788

Connecticut

128

40

6

February 6, 1788

Massachusetts

187

168

7

April 28, 1788

Maryland

63

11

8

May 23, 1788

South Carolina

149

73

9

June 21, 1788

New Hampshire

57

47

10

June 25, 1788

Virginia

89

79

11

July 26, 1788

New York

30

27

12

November 21, 1789

North Carolina

194

77

13

May 29, 1790

Rhode Island

34

32

Contrary to the process for "alteration" spelled out in Article 13 of the Articles, Congress submitted the proposal to the states and set the terms for representation.

On September 17, 1787, the Constitution was completed in Philadelphia at the Federal Convention, followed by a speech given by Benjamin Franklin who urged unanimity, although they decided they only needed nine states to ratify the constitution for it to go into effect. The Convention submitted the Constitution to the Congress of the Confederation, where it received approval according to Article 13 of the Articles of Confederation.[9]

Once the Congress of the Confederation received word of New Hampshire's ratification, it set a timetable for the start of operations under the Constitution, and on March 4, 1789, the government under the Constitution began operations.

Historical influences

Several of the ideas in the Constitution were new, and a large number of ideas were drawn from the literature of Republicanism in the United States, from the experiences of the 13 states, and from the British experience with mixed government. The most important influence from the European continent was from Montesquieu, who emphasized the need to have balanced forces pushing against each other to prevent tyranny. (This in itself reflects the influence of Polybius' 2nd century BC treatise on the checks and balances of the constitution of the Roman Republic.) John Locke is known to have been a major influence, and the due process clause of the United States Constitution was partly based on common law stretching back to the Magna Carta of 1215.

Influences on the bill of rights

The United States Bill of Rights consists of the ten amendments added to the Constitution in 1791, as supporters of the constitution had promised critics during the debates of 1788. The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. For example, both require jury trials, contain a right to keep and bear arms, and prohibit excessive bail as well as "cruel and unusual punishments." Many liberties protected by state constitutions and the Virginia Declaration of Rights were incorporated into the United States Bill of Rights.

Articles of the constitution

The Constitution consists of a preamble, seven original articles, twenty-seven amendments, and a paragraph certifying its enactment by the constitutional convention.

Preamble: Statement of purpose

The Preamble states:

We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Preamble does not grant any particular authority to the federal government and it does not prohibit any particular authority. It establishes the fact that the federal government has no authority outside of what follows the preamble, as amended. "We the people", is one of the most-quoted sections of the Constitution. It was thought by the Federalists during this time that there was no need for a bill of rights as they thought that the preamble spelled out the people's rights.

Article One: Legislative power

Article One describes the congress, the legislative branch of the federal government. The United States Congress is a bicameral body consisting of the lower house of the House of Representatives and the Senate as the upper house.

The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, have been a citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, have been a citizen for nine years, and live in the state they represent.

In Article I Section I, the Constitution reads "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." This gives Congress more than simply the responsibility to establish the rules governing its proceedings and for the punishment of its members; it places the power of the government primarily in Congress.

Article I Section 8 enumerates a list of powers. The powers listed and all other powers are made the exclusive responsibility of the legislative branch.

The Congress shall have 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 officer thereof.

Article I Section IX provides a list of eight specific limits on Congressional power and Article I Section X limits the rights of the states.

The United States Supreme Court has interpreted the commerce clause and the necessary-and-proper clause in Article One to allow Congress to enact legislation that is neither expressly listed in the enumerated power nor expressly denied in the limitations on Congress. In the 1819 McCulloch v. Maryland ruling, the Supreme Court fell back on the strict construction of the necessary and proper clause to read that Congress had "[t]he foregoing powers and all other powers..."

Article Two: Executive power

Article Two describes the presidency (the executive branch). The article establishes the manner of election and qualifications of the President, the oath to be affirmed and the powers and duties of the office. The President must be a natural born citizen of the United States, be at least 35 years old, and a resident of the United States for at least 14 years. It also provides for the office of Vice President, and specifies that the Vice President succeeds to the presidency if the President is removed, unable to discharge the powers and duties of office, dies while in office, or resigns. The original text ("the same shall devolve") leaves it unclear whether this succession was intended to be on an acting basis (merely taking on the powers of the office) or permanent (assuming the Presidency itself). After the death of William Henry Harrison, John Tyler set the precedent that the succession was permanent, and this was followed in practice; the 25th Amendment explicitly states that the Vice President becomes President in those cases. Article Two also provides for the impeachment and removal from office of all officers of the government.

Article Three: Judicial power

Article Three describes the court system (the judicial branch), including the Supreme Court. The article requires that there be one court called the Supreme Court; Congress, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. Article Three also creates the right to trial by jury in all criminal cases, defines the crime of treason, and charges Congress with providing for a punishment for it. This Article also sets the kinds of cases that may be heard by the federal judiciary, which cases the Supreme Court may hear first (called original jurisdiction), and that all other cases heard by the Supreme Court are by appeal under such regulations as the Congress shall make.

Article Four: States' powers and limits

Article Four describes the relationship between the states and the Federal government and amongst the states. For instance, it requires states to give "full faith and credit" to the public acts, records, and court proceedings of the other states. Congress is permitted to regulate the manner in which proof of such acts, records, or proceedings may be admitted. The "privileges and immunities" clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens (e.g., having tougher penalties for residents of Ohio convicted of crimes within Michigan.) It also establishes extradition between the states, as well as laying down a legal basis for freedom of movement and travel amongst the states. Today, this provision is sometimes taken for granted, especially by citizens who live near state borders; but in the days of the Articles of Confederation, crossing state lines was often a much more arduous and costly process. Article Four also provides for the creation and admission of new states. The Territorial Clause gives Congress the power to make rules for disposing of Federal property and governing non-state territories of the United States. Finally, the fourth section of Article Four requires the United States to guarantee to each state a republican form of government, and to protect the states from invasion and violence.

Article Five: Process of amendments

Article Five describes the process necessary to amend the Constitution. It establishes two methods of proposing amendments: by Congress or by a national convention requested by the states. Under the first method, Congress can propose an amendment by a two-thirds vote (of a quorum, not necessarily of the entire body) of the Senate and of the House of Representatives. Under the second method, two-thirds of the state legislatures may convene and "apply" to Congress to hold a national convention, whereupon Congress must call such a convention for the purpose of considering amendments. To date, only the first method (proposal by Congress) has been used.

Once proposed — whether submitted by Congress or by a national convention — amendments must then be ratified by three-fourths of the states to take effect. Article Five gives Congress the option of requiring ratification by state legislatures or by special conventions assembled in the states. The convention method of ratification has only been used to approve the 21st Amendment. Article Five currently places only one limitation on the amending power — that no amendment can deprive a state of its equal representation in the Senate without that state's consent (limitations regarding slavery and taxation having expired in 1808.)

Article Six: Federal power

Article Six establishes the Constitution, and the laws and treaties of the United States made in accordance with it, to be the supreme law of the land, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." It also validates national debt created under the Articles of Confederation and requires that all federal and state legislators, officers, and judges take oaths or affirmations to support the Constitution. This means that the states' constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict, state judges are legally bound to honor the federal laws and constitution over those of any state.

Article Six also states "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

Article Seven: Ratification

Article Seven sets forth the requirements for ratification of the Constitution. The Constitution would not take effect until at least nine states had ratified the Constitution in state conventions specially convened for that purpose, and it would only apply to those states which ratified it.

Provisions for changing the constitution

The Constitution provides for direct modification through the amendment process. Soon after the Constitution was passed, however, Marbury v. Madison provides the Supreme Court to interpret the law and the Constitution through the process of judicial review.

Amendments

The authors of the Constitution were clearly aware that changes would be necessary from time to time if the Constitution was to endure and cope with the effects of the anticipated growth of the nation. However, they were also conscious that such change should not be easy, lest it permit ill-conceived and hastily passed amendments. Balancing this, they also wanted to ensure that an overly-rigid requirement of unanimity would not block action desired by the vast majority of the population. Their solution was to devise a dual process by which the Constitution could be altered.

Amending the Constitution is a two-part process: amendments must be proposed and then they must be ratified. Amendments can be proposed one of two ways. The only way that has been used to date is through a two-thirds majority vote in both houses of Congress. Alternatively, two–thirds of the legislatures of the States can call a Constitutional Convention to consider one or more amendments. This second method has never been used, and it is unclear exactly how, in practice, such a Constitutional Convention would work.

Regardless of how the amendment is proposed, the amendment must be approved by three-fourths of states, a process called ratification. Depending on the amendment, this requires either the state legislatures or special state conventions to approve the amendment by simple majority vote. Amendments generally go to state legislatures to be ratified, only the Twenty-first Amendment called for special state conventions.

Unlike many other constitutions, amendments to the U.S. constitution are appended to the existing body of the text without altering or removing what already exists. There is no provision for deleting either obsolete text or rescinded provisions, including passages that are directly contradicted by subsequent amendments.

Judicial review

Aside from the direct process of amending the Constitution, the way the Constitution is understood is also influenced by the decisions of the court system, and especially the Supreme Court. These decisions are referred to, collectively, as precedents. The ability of the courts to interpret the Constitution was decided early in the history of the United States, in the 1803 case of Marbury v. Madison. In that case, the Supreme Court established the doctrine of judicial review, which is the power of the Court to examine legislation and other acts of Congress and to decide their constitutionality. The doctrine also embraces the power of the Court to explain the meaning of various sections of the Constitution as they apply to particular cases brought before the Court. Over the years, a series of Court decisions, on issues ranging from governmental regulation of radio and television to the rights of the accused in criminal cases, has affected a change in the way many Constitutional clauses are interpreted, without amendment to the actual text of the Constitution.

Legislation, passed to implement provisions of the Constitution or to adapt those implementations to changing conditions, also broadens and, in subtle ways, changes the meanings given to the words of the Constitution. Up to a point, the rules and regulations of the many agencies of the federal government have a similar effect. If the actions of Congress or federal agencies are challenged as to their constitutionality, however, it is the court system that ultimately decides whether or not they are allowable under the Constitution.

Subsequent amendments

The Constitution has a total of 27 amendments. The first ten, collectively known as the Bill of Rights, were ratified simultaneously. The following seventeen were ratified separately.

The bill of rights (1-10)

It is commonly understood that the Bill of Rights was not originally intended to apply to the states, though except where amendments refer specifically to the Federal Government or a branch thereof (as in the First Amendment, under which some states in the early years of the nation officially established a religion), there is no such delineation in the text itself. Nevertheless, a general interpretation of inapplicability to the states remained until 1868, when the Fourteenth Amendment was passed, which stated, in part, that:

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.

The Supreme Court has interpreted this clause to extend most, but not all, parts of the Bill of Rights to the states. Nevertheless, the balance of state and federal power has remained a battle in the Supreme Court.

The amendments that became the Bill of Rights were actually the last ten of the twelve amendments proposed in 1789. The second of the twelve proposed amendments, regarding the compensation of members of Congress, remained unratified until 1992, when the legislatures of enough states finally approved it and, as a result, it became the Twenty-seventh Amendment despite more than two centuries of pendency. The first of the twelve—still technically pending before the state legislatures for ratification—pertains to the apportionment of the United States House of Representatives after each decennial census. The most recent state whose lawmakers are known to have ratified this proposal is Kentucky in 1792, during that commonwealth's first month of statehood.

  • Second Amendment: defines the right of States in keeping and maintaining militias and the right of individuals to possess firearms.
  • Third Amendment: prohibits the government from using private homes as quarters for soldiers during peacetime without the consent of the owners. The only existing case law regarding this amendment is a lower court decision in the case of Engblom v. Carey.
  • Sixth Amendment: guarantees a speedy public trial for criminal offenses. It requires trial by a jury, guarantees the right to legal counsel for the accused, and guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused. It also guarantees the accused a right to know the charges against him. The Sixth Amendment has several court cases associated with it, including Powell v. Alabama, United States v. Wong Kim Ark, Gideon v. Wainwright, and Crawford v. Washington. In 1966, the Supreme Court ruled that the fifth amendment prohibition on forced self-incrimination and the sixth amendment clause on right to counsel were to be made known to all persons placed under arrest, and these clauses have become known as the Miranda rights.
  • Seventh Amendment: assures trial by jury in civil cases.
  • Eighth Amendment: forbids excessive bail or fines, and cruel and unusual punishment.
  • Ninth Amendment: declares that the listing of individual rights in the Constitution and Bill of Rights is not meant to be comprehensive; and that the other rights not specifically mentioned are retained elsewhere by the people.
  • Tenth Amendment: provides that powers that the Constitution does not delegate to the United States and does not prohibit the States from exercising, are "reserved to the States respectively, or to the people."

Subsequent amendments (11-27)

Amendments to the Constitution subsequent to the Bill of Rights cover many subjects. The majority of the seventeen later amendments stem from continued efforts to expand individual civil or political liberties, while a few are concerned with modifying the basic governmental structure drafted in Philadelphia in 1787. Although the United States Constitution has been amended a total of 27 times, only 26 of the amendments are currently in effect because the twenty-first amendment supersedes the eighteenth.

Unratified amendments

Over 10,000 Constitutional amendments have been introduced in Congress since 1789; in a typical Congressional year in the last several decades, between 100 and 200 are offered. Most of these concepts never get out of Congressional committee, and far fewer get proposed by the Congress for ratification. Backers of some amendments have attempted the alternative, and thus-far never-utilized, method mentioned in Article Five. In two instances—reapportionment in the 1960s and a balanced federal budget during the 1970s and 1980s—these attempts have come within just two state legislative "applications" of triggering that alternative method.

Of the thirty-three amendments that have been proposed by Congress, six have failed ratification by the required three-quarters of the state legislatures—and four of those six are still technically pending before state lawmakers. Starting with the 18th Amendment, each proposed amendment (except the 19th Amendment and the still-pending Child Labor Amendment of 1924) has specified a deadline for passage. The following are the unratified amendments:

  • The Congressional Apportionment Amendment, proposed by the 1st Congress on September 25, 1789, defined a formula for how many members there would be in the United States House of Representatives after each decennial census. Ratified by eleven states, the last being Kentucky in June 1792 (Kentucky's initial month of statehood), this amendment contains no expiration date for ratification. In principle it may yet be ratified, though as written it became moot when the population of the United States reached ten million.
  • The so-called missing thirteenth amendment, or "Titles of Nobility Amendment" (TONA), proposed by the 11th Congress on May 1, 1810, would have ended the citizenship of any American accepting "any Title of Nobility or Honour" from any foreign power. Some maintain that the amendment was actually ratified by the legislatures of enough states, and that a conspiracy has suppressed it, but this has been thoroughly debunked . Known to have been ratified by lawmakers in twelve states, the last in 1812, this amendment contains no expiration date for ratification. It may yet be ratified.
  • The Corwin amendment, proposed by the 36th Congress on March 2, 1861, would have forbidden any attempt to subsequently amend the Constitution to empower the Federal government to "abolish or interfere" with the "domestic institutions" of the states (a delicate way of referring to slavery). It was ratified by only Ohio and Maryland lawmakers before the outbreak of the Civil War. Illinois lawmakers—sitting as a state constitutional convention at the time—likewise approved it, but that action is of questionable validity. The proposed amendment contains no expiration date for ratification and may yet be ratified. However, adoption of the 13th, 14th, and 15th Amendments after the Civil War likely means that the amendment would be ineffective if adopted.
  • A child labor amendment proposed by the 68th Congress on June 2, 1924, which stipulates: "The Congress shall have power to limit, regulate, and prohibit the labor of persons under eighteen years of age." This amendment is highly unlikely to be ratified, since subsequent federal child labor laws have uniformly been upheld as a valid exercise of Congress' powers under the commerce clause.

Properly placed in a separate category from the other four constitutional amendments that Congress proposed to the states, but which not enough states have approved, are the following two offerings which—because of deadlines—are no longer subject to ratification.

  • The Equal Rights Amendment, or ERA, which reads in pertinent part "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." Proposed by the 92nd Congress on March 22, 1972, it was ratified by the legislatures of 35 states, and expired on either March 22, 1979 or on June 30, 1982, depending upon one's point of view of a controversial three-year extension of the ratification deadline, which was passed by the 95th Congress in 1978. Of the 35 states ratifying it, four later rescinded their ratifications prior to the extended ratification period which commenced March 23, 1979 and a fifth—while not going so far as to actually rescind its earlier ratification—adopted a resolution stipulating that its approval would not extend beyond March 22, 1979. There continues to be diversity of opinion as to whether such reversals are valid; no court has ruled on the question, including the Supreme Court. But a precedent against the validity of rescission was first established during the ratification process of the 14th Amendment when Ohio and New Jersey rescinded their earlier approvals, but yet were counted as ratifying states when the 14th Amendment was ultimately proclaimed part of the Constitution in 1868.
  • The District of Columbia Voting Rights Amendment was proposed by the 95th Congress on August 22, 1978. Had it been ratified, it would have granted to Washington, D.C. two Senators and at least one member of the House of Representatives as though the District of Columbia were a state. Ratified by the legislatures of only 16 states—less than half of the required 38—the proposed amendment expired on August 22, 1985.

There are currently only a few proposals for amendments which have entered mainstream political debate. These include the proposed Federal Marriage Amendment, the Balanced Budget Amendment, and the Flag Desecration Amendment.

Civil Rights Movement

Civil rights movement

Historically, the civil rights movement was a concentrated period of time around the world of approximately twenty years (1960-1980) in which there was much worldwide civil unrest and popular rebellion. The process of moving toward equality before the law was long and tenuous in many countries, and most of these movements did not achieve or fully achieve their objectives. In its later years, the civil rights movement took a sharp turn to the radical left in many cases.

Civil Rights Movement in Northern Ireland

  • Northern Ireland is a country which has witnessed violence over many decades.

The Northern Ireland Civil Rights Association (NICRA) campaigned for the Civil Rights of the Roman Catholic minority in the late sixties and early seventies. Since the conception of the province, Catholics had suffered widespread discrimination under the Protestant Unionist government. NICRA consciously modelled itself on the civil rights movement in the United States.

NICRA originally had five main demands:

  • one man, one vote.
  • an end to discrimination in housing
  • an end to discrimination in local government.
  • an end to the gerrymandering of district boundaries, which limited the effect of Catholic voting
  • the disbandment of the B-Specials, an entirely Protestant Police reserve, perceived as sectarian.

Main Idea: The end to discrimination towards the Catholics

Civil rights activists launched a campaign of civil disobedience. There was widespread opposition from Protestant extremeists (or Loyalists), who were aided by the Royal Ulster Constabulary (RUC), Northern Ireland's Police Force. At this point, the RUC was over 90% Protestant in its make-up. Violence escalated, resulting in the rise of the Provisional Irish Republican Army (IRA) from the Catholic community - this group launched a campaign of violence to end British government presence in the North of Ireland. The British government responded with a policy of internment without trial of suspected IRA members. For more than three hundred people, the internment lasted several years. The huge majority of those interned by the British forces were Catholic. Protestant Loyalist paramilitaries had begun murdering dozens of Catholics, but were largely ignored by the British forces. In 1978, in a case brought by the government of the Republic of Ireland against the government of the United Kingdom, the European Court of Human Rights ruled that the interrogation techniques approved for use by the British army on internees in 1971 amounted to "inhuman and degrading" treatment.

Bloody Sunday in Derry is seen as a turning point in the Civil Rights movement. On this day,the catholics were trying a peaceful way of resolving the problem. But they were ignored and fights broke out.Fourteen Catholic Civil rights marchers protesting against internment were shot dead by the British army and many were left wounded on the streets.

One of the leaders of NICRA was future Nobel Peace Prize winner John Hume, another, Austin Currie, a candidate for President of Ireland in 1990. Hume's co-Nobel Laureate, David Trimble, was leader of the Ulster Unionist Party in the 1990s and 2000s, and had campaigned against sharing power with Catholics in the 1970s.

The peace process has made significant gains in recent years. Through open dialogue from all parties, a lasting ceasefire from all paramilitary groups seems to be lasting. A relatively strong economy and more opportunities for all citizens has improved Northern Ireland's standard of living. Civil rights issues have become far less of a concern for many Catholics in Northern Ireland over the past twenty years as laws and policies protecting their rights and forms of affirmative action have been implemented for all government offices and many private businesses. Tensions still exist in some corners of the province, but the vast majority of citizens are no longer affected by the violence that once paralyzed the province.

Movements of Independence in Africa

A wave of independence movements in Africa crested in the 1960s. This included the Angolan War of Independence, the Guinea-Bissauan Revolution, the war of liberation in Mozambique and the struggle against apartheid in South Africa. This wave of struggles re-energised pan-Africanism, and led to the founding of the Organization of African Unity (OAU) in 1963

Canada's October Crisis

Pierre Elliott Trudeau, himself a French Canadian, came to power in 1968. Quebec also produced a more radical nationalist group, the Front de Libération du Québec, who since 1963 had been using terrorism in an attempt to make Quebec a sovereign nation. In October 1970, in response to the arrest of some of its members earlier in the year, the FLQ kidnapped James Cross and Pierre Laporte, later killing Laporte. Trudeau invoked the War Measures Act, declaring martial law in Quebec, and by the end of the year the kidnappers had all been arrested.

Trudeau and the 1970s

Trudeau was a somewhat unconventional Prime Minister; he was more of a celebrity than previous leaders, and in the 1960s had been the centre of "Trudeaumania". He also did not unquestioningly support the United States, especially over the Vietnam War and relations with the People's Republic of China and Cuba; Richard Nixon particularly disliked him.

Domestically Trudeau had to deal with the aftermath of the October Crisis. The separatist movement was not aided by the violent Front de libération du Québec (FLQ), yet it still existed in a less radical form under Premier René Lévesque (1976-1985). Lévesque came to power as leader of the Parti Québécois, which wanted to make Quebec at least an autonomous society in Canada and at best an independent nation. A step towards this was taken in 1977 with the adoption of Bill 101, making French the only official language in the province.

Canada and the Vietnam War

While Canada had participated extensively in the Korean War, it was officially a non-participant in the Vietnam War. Setting itself apart from America's Truman and Eisenhower Doctrines, Canada was involved in diplomatic efforts to discourage escalation of the conflict, and set conditions that required a much greater level of multilateralism than existed for it to join the SEATO military pact and commit troops.

The war was generally unpopular among the public and the counterculture of the day had strong ties with American organizations like Students for a Democratic Society. Canadian anti-war activists encouraged American draftees to head north, offering them extensive counsel and assistance. Draft dodgers were generally accepted as immigrants by Canadian authorities, and as many as 125,000 Americans came to Canada due to their opposition to the War. At least half of them are believed to have stayed permanently. This influx of young people helped Canada recover from the "brain drain" of the 1950s, and while in many ways the draft dodgers assimilated into Canadian society, they are considered to have had significant and lasting effects on the old country.

Meanwhile, several thousand Canadians joined the U.S. military and served in Vietnam. Many of them became naturalized American citizens after the war, while those who returned home have never received official recognition as veterans. Canada did deploy some peacekeeping troops to monitor ceasefire agreements during the conflict, and also sold a great deal of war material to the United States. After the fall of Saigon in 1975, many Vietnamese refugees came to Canada, establishing large communities in Vancouver and Toronto.

Civil Rights Movement in the United States

In a relatively stable political system, after a status had been reached in which every citizen has the same rights by law, practical issues of discrimination remain. Even if every person is treated equally by the state, there may not be equality due to discrimination within society, such as in the workplace, which may hinder civil liberties in everyday life. During the second half of the 20th century, Western societies introduced legislation that tried to remove discrimination on the basis of race, gender or disability. The Civil Rights Movement in the United States refers in part to a set of noted events and reform movements in that country aimed at abolishing public and private acts of racial discrimination and racism against African Americans between 1954 to 1968, particularly in the southern United States. It is sometimes referred to as the Second Reconstruction era.

Later, groups like the Black Panther Party, the Young Lords, the Weathermen and the Brown Berets turned to more harsh tactics to make a revolution that would establish, in particular, self-determination for U.S. minorities — bids that ultimately failed due in part to a coordinated effort by the United States Government's COINTELPRO efforts to subvert such groups and their activities.

Ethnicity Equity Issues

Integrationism

In the last decade of the nineteenth century in the United States, racially discriminatory laws and racial violence aimed at African Americans began to mushroom. This period is sometimes referred to as the nadir of American race relations. Elected, appointed, or hired government authorities began to require or permit discrimination, specifically in the states of Texas, Louisiana, Mississippi, Alabama, Georgia, Florida, South Carolina, North Carolina, Virginia, Arkansas, Tennessee, Oklahoma, and Kansas. There were four required or permitted acts of discrimination against African Americans. They included racial segregation – upheld by the United States Supreme Court decision in Plessy v. Ferguson in 1896 - which was legally mandated by southern states and nationwide at the local level of government, voter suppression or disfranchisement in the southern states, denial of economic opportunity or resources nationwide, and private acts of violence and mass racial violence aimed at African Americans unhindered or encouraged by government authorities. Although racial discrimination was present nationwide, the combination of law, public and private acts of discrimination, marginal economic opportunity, and violence directed toward African Americans in the southern states became known as Jim Crow.

Noted strategies employed prior to the Civil Rights Movement of 1955 to 1968 to abolish discrimination against African Americans initially included litigation and lobbying efforts by traditional organizations such as the National Association for the Advancement of Colored People (NAACP). These efforts were the distinction of the American Civil Rights Movement from 1896 to 1954. However, by 1955, private citizens became frustrated by gradual approaches to implement desegregation by federal and state governments and the "massive resistance" by proponents of racial segregation and voter suppression. In defiance, these citizens adopted a combined strategy of direct action with nonviolent resistance known as civil disobedience. The acts of civil disobedience produced crisis situations between practitioners and government authorities. The authorities of federal, state, and local governments often had to act with an immediate response to end the crisis situations – sometimes in the practitioners favor. Some of the different forms of civil disobedience employed include boycotts as successfully practiced by the Montgomery Bus Boycott (1955-1956) in Alabama, "sit-ins" as demonstrated by the influential Greensboro sit-in (1960) in North Carolina, and marches as exhibited by the Selma to Montgomery marches (1965) in Alabama.

Noted achievements of the Civil Rights Movement in this area include the legal victory in the Brown v. Board of Education (1954) case that overturned the legal doctrine of "separate but equal" and made segregation legally impermissible, passage of the Civil Rights Act of 1964[1] that banned discrimination in employment practices and public accommodations, passage of the Voting Rights Act of 1965 that restored voting rights, and passage of the Civil Rights Act of 1968 that banned discrimination in the sale or rental of housing.

Black Power

By 1965 the emergence of the Black Power movement (1966-1975) began gradually to eclipse the original "integrated power" aims of the Civil Rights Movement that had been espoused by Martin Luther King Jr. Advocates of Black Power argued for black self-determination, and to assert that the assimilation inherent in integration robs Africans of their common heritage and dignity; e.g., the theorist and activist Omali Yeshitela argues that Africans have historically fought to protect their lands, cultures and freedoms from European colonialists, and that any integration into the society which has stolen another people and their wealth is actually an act of treason.

Today, most Black Power advocates have not changed their self-sufficiency argument. Racism still exists worldwide and it is generally accepted that blacks in the United States, on the whole, did not assimilate into U.S. "mainstream" culture either by King's integration measures or by the self-sufficiency measures of Black Power — rather, blacks arguably became evermore oppressed, this time partially by "their own" people in a new black stratum of the middle class and the ruling class. Black Power's advocates generally argue that the reason for this stalemate and further oppression of the vast majority of U.S. blacks is because Black Power's objectives have not had the opportunity to be fully carried through.

Chicano Movement

The Chicano Movement, also known as the Chicano Civil Rights Movement, Mexican-American Civil Rights Movement and El Movimiento, was the part of the American Civil Rights Movement (1955-1968) that sought political empowerment and social inclusion for Mexican-Americans around a generally nationalist argument. The Chicano movement blossomed in the [1960s] and was active through the late [1970s] in various regions of the U.S. The movement had roots in the civil rights struggles that had preceded it, adding to it the cultural and generational politics of the era.

The early heroes of the movement—Rodolfo Gonzales in Denver, Colorado and Reies Tijerina in New Mexico—adopted a historical account of the preceding hundred and twenty-five years that obscured much of Mexican-American history. Gonzales and Tijerina embraced a form of nationalism that was based on the failure of the United States government to live up to the promises that it had made in the Treaty of Guadalupe Hidalgo. In that account, Mexican-Americans were a conquered people who simply needed to reclaim their birthright and cultural heritage as part of a new nation, which later became known as Aztlán. That version of the past did not, on the other hand, take into account the history of those Mexicans who had immigrated to the United States. It also gave little attention to the rights of undocumented immigrants in the United States in the 1960s—not surprising, since immigration did not have the political significance it was to acquire in the years to come. It was only a decade later when activists, such as Bert Corona in California, embraced the rights of undocumented workers and helped broaden the focus to include their rights. Instead, when the movement dealt with practical problems most activists focused on the most immediate issues confronting Mexican-Americans: unequal educational and employment opportunities, political disenfranchisement, and police brutality. In the heady days of the late 1960s, when the student movement was active around the globe, the Chicano movement brought about more or less spontaneous actions, such as the mass walkouts by high school students in Denver and East Los Angeles in 1968 and the Chicano Moratorium in Los Angeles in 1970.

The movement was particularly strong at the college level, where activists formed MEChA, Movimiento Estudiantil Chicano de Aztlán, which promoted Chicano Studies programs and a generalized ethno-nationalist agenda.

American Indian Movement

At a time when peaceful sit-ins were a common protest tactic, American Indian Movement (AIM) takeovers in their early days were noticeably forceful. Some appeared to be spontaneous outcomes of protest gatherings; sometimes they included armed seizure of public facilities.

The Alcatraz Island occupation of 1969, although commonly associated with AIM, pre-dates the organization but was a catalyst for its formation. In 1970 AIM occupied abandoned property at the Naval Air Station near Minneapolis, Minnesota. In July, 1971 AIM assisted a takeover of the Winter Dam, Lac Courte Oreilles, Wisconsin. The Bureau of Indian Affairs Headquarters in Washington D.C. got seized in November, 1972; the building was sacked, and 24 were arrested. The Custer County Courthouse was occupied in 1973, though the occupation was routed after a riot took place. The Wounded Knee Incident also took place then, lasted 71 days, and left at least two dead.

Gender Equity Issues

If the period associated with First-wave feminism focused upon absolute rights such as suffrage (which led to women attaining the right to vote in the early part of the 20th century), the period of the second-wave feminism was concerned with the issue of economic equality (including the ability to have careers in addition to motherhood, or the right to choose not to have children) between the genders and addressed the rights of female minorities. One phenomenon included the recognition of lesbian women within the movement, due to the simultaneous rise of the gay rights movement, and the deliberate activism of lesbian feminist groups, such as the Lavender Menace.

The developments led to explicit lesbian feminist campaigns and groups, and some feminists went further to argue that heterosexual sexual relationships automatically subordinated women, and that the only true independence could come in lesbian relationships ("lesbian separatism"). The second wave is sometimes linked with radical feminist theory. One interesting and underdocumented aspect of the second-wave was the rise of women's cooperative living communities. An example of one such intentional community was the Chatanika River Women's Colony.

LGBT rights and Gay Liberation

Since the mid 19th century in Germany, social reformers have used the language of civil rights to argue against the oppression of same-sex sexuality, same-sex emotional intimacy, and gender variance. Largely, but not exclusively, these LGBT movements have charactered gender variant and homosexually-oriented people as a minority group or groups; this was the approach taken by the homophile movement of the 1940s, 50s and early 60s. With the rise of secularism in the West, an increasing sexual openness, Women's Liberation, the 1960s counterculture, and a range of new social movements, the homophile movement underwent a rapid growth and transformation, with a focus on building community and unapologetic activism. This new phase came to be known as Gay Liberation.

The words "Gay Liberation" echoed "Women's Liberation"; the Gay Liberation Front consciously took its name from the National Liberation Fronts of Vietnam and Algeria; and the slogan "Gay Power", as a defiant answer to the rights-oriented homophile movement, was inspired by Black Power and Chicano Power. The GLF's statement of purpose explained:

"We are a revolutionary group of men and women formed with the realization that complete sexual liberation for all people cannot come about unless existing social institutions are abolished. We reject society's attempt to impose sexual roles and definitions of our nature."

GLF statement of purpose

GLF activist Martha Shelley wrote,

"We are women and men who, from the time of our earliest memories, have been in revolt against the sex-role structure and nuclear family structure."

"Gay is Good", Martha Shelley, 1970

Gay Liberationists aimed as transforming fundamental intuitions of society such as gender and the family. In order to achieve such liberation, consciousness raising and direct action were employed. Specifically, the word 'gay' was preferred to previous designations such as homosexual or homophile; some saw 'gay' as a rejection of the false dichotomy heterosexual/homosexual. Lesbians and gays were urged to "come out", publicly revealing their sexuality to family, friends and colleagues as a form of activism, and to counter shame with gay pride. "Gay Lib" groups were formed around the world, in Australia, New Zealand, Germany, France, the UK, US, Italy and elsewhere. The lesbian group Lavender Menace was also formed in the U.S in response to both the male domination of other Gay Lib groups and the anti-lesbian sentiment in the Women's Movement. Lesbianism was advocated as a feminist choice for women, and the first currents of lesbian separatism began to emerge.

By the late 1970s, the radicalism of Gay Liberation was eclipsed by a return to a more formal movement that became known as the Gay and Lesbian Rights Movement.

German Student Movement

The Civil Rights Movement in Germany was a left-wing backlash against the post-Nazi Party era of the country, which still contained many of the conservative policies of both that era and of the pre-World War I Kaiser monarchy. The movement took place mostly among disillusioned students and was largely a protest movement analogous to others around the globe during the late 1960s . It was largely a reaction against the perceived authoritarianism and hypocrisy of the German government and other Western governments, and the poor living conditions of students. A wave of protests - some violent - swept Germany, further fueled by over-reaction by the police and encouraged by other near-simultaneous protest movements across the world. Following more than a century of conservatism among German students, the German student movement also marked a significant major shift to the left-wing and radicalisation of student politics.

France 1968

A general strike broke out across France in May 1968. It quickly began to reach near-revolutionary proportions before being discouraged by the French Communist Party, and finally suppressed by the government, which accused the communists of plotting against the Republic. Some philosophers and historians have argued that the rebellion was the single most important revolutionary event of the 20th century because it wasn't participated in by a lone demographic, such as workers or racial monorities, but was rather a purely popular uprising, superseding ethnic, cultural, age and class boundaries.

It began as a series of student strikes that broke out at a number of universities and high schools in Paris, following confrontations with university administrators and the police. The de Gaulle administration's attempts to quash those strikes by further police action only inflamed the situation further, leading to street battles with the police in the Latin Quarter, followed by a general strike by students and strikes throughout France by ten million French workers, roughly two-thirds of the French workforce. The protests reached the point that de Gaulle created a military operations headquarters to deal with the unrest, dissolved the National Assembly and called for new parliamentary elections for 23 June 1968.

The government was close to collapse at that point (De Gaulle had even taken temporary refuge at an airforce base in Germany), but the revolutionary situation evaporated almost as quickly as it arose. Workers went back to their jobs, urged on by the Confédération Générale du Travail, the leftist union federation, and the Parti Communiste Français (PCF), the French Communist Party. When the elections were finally held in June, the Gaullist party emerged even stronger than before.

Most of the protesters espoused left-wing causes, communism or anarchism. Many saw the events as an opportunity to shake up the "old society" in many social aspects, including methods of education, sexual freedom and free love. A small minority of protesters, such as the Occident group, espoused far-right causes.

On 29 May several hundred thousand protesters led by the CGT marched through Paris, chanting, "Adieu, de Gaulle!"

While the government appeared to be close to collapse, de Gaulle chose not to say adieu. Instead, after ensuring that he had sufficient loyal military units mobilized to back him if push came to shove, he went on the radio the following day (the national television service was on strike) to announce the dissolution of the National Assembly, with elections to follow on 23 June. He ordered workers to return to work, threatening to institute a state of emergency if they did not.

From that point the revolutionary feeling of the students and workers faded away. Workers gradually returned to work or were ousted from their plants by the police. The national student union called off street demonstrations. The government banned a number of left organizations. The police retook the Sorbonne on 16 June. De Gaulle triumphed in the elections held in June and the crisis had ended.

Chinese Cultural Revolution

The Central Committee of the Communist Party of China passed "the 16 Points" during the Chinese Cultural Revolution.

The decision thus took the already existing student movement and elevated to the level of a nationwide mass campaign, calling on not only students but also "the masses of the workers, peasants, soldiers, revolutionary intellectuals, and revolutionary cadres" to carry out the task of "transforming the superstructure." The freedoms granted in the 16 Points were later written into the PRC constitution as "the four great rights" of "great democracy": the right to speak out freely, to air one's views fully, to write big-character posters, and to hold great debates. The first two of these are basically Chinese synonyms; in other contexts the second was sometimes replaced by - the right to "link up," meaning for students to cut class and travel across the country to meet other young activists and propagate Mao Zedong Thought. All four of these freedoms were supplemented by the right to strike, although this supplemental right was severely attenuated by the People's Liberation Army's entrance onto the stage of civilian mass politics in February 1967. Ultimately all such rights were deleted from the constitution after the Dengist government suppressed the Democracy Wall movement in 1979.

On August 16, 1966, millions of Red Guards from all over the country gathered in Beijing for a peek at the Chairman. On top of the Tiananmen Square gate, Mao and Lin Biao made frequent appearances to approximately 11 million Red Guards, receiving cheers each time. Mao praised their actions in the recent campaigns to develop socialism and democracy.

For two years, until July 1968 and in some places much longer, student activists such as the Red Guards expanded their areas of authority, and accelerated their efforts at socialist reconstruction. They began by passing out leaflets explaining their actions to develop and strengthen socialism, and posting the names of suspected "counter-revolutionaries" on bulletin boards. They assembled in large groups, held "great debates," and wrote educational plays. They held public meetings to criticize and solicit self-criticism from suspected "counter-revolutionaries." Although the 16 Points and other pronouncements of the chief Maoist leaders forbade "physical struggle"  in favor of "verbal struggle" , these "struggle sessions" often led to physical violence. Initially verbal struggles among activist groups became even more violent when the Red Guard activists began to seize weapons from the Army in 1967. The Maoist leadership limited their intervention in this violence to verbal criticism, sometimes even appearing to encourage it. Only after the Red Guard weapons seizures began did the leadership begin to suppress the mass movement it had previously praised.

Liu Shaoqi was sent to a detention camp, where he later died in 1969. Deng Xiaoping, who was himself sent for a period of re-education three times, was sent to work in an engine factory, until he was brought back years later by Zhou Enlai. But most of those accused were not so lucky, and many of them never returned.

The work of the Red Guards was praised by Mao Zedong. On August 22, 1966, Mao issued a public notice, which stopped "all police intervention in Red Guard tactics and actions." Those in the police force who dared to defy this notice were labeled "counter-revolutionaries."

Tlatelolco Massacre, Mexico

The Tlatelolco Massacre, also known as Tlatelolco's Night (from a book title), took place on the afternoon and night of October 2, 1968, in the Plaza de las Tres Culturas in the Tlatelolco section of Mexico City. The death toll remains uncertain: some estimates place the number of deaths in the thousands, but most sources report 200-300 deaths. Many more were wounded, and several thousand arrests occurred.

The massacre was preceded by months of political unrest in the Mexican capital, echoing student demonstrations and riots all over the world during 1968. The Mexican students wanted to exploit the attention focused on Mexico City for the 1968 Summer Olympics. President Gustavo Díaz Ordaz, however, was determined to stop the demonstrations and, in September, he ordered the army to occupy the campus of the National Autonomous University of Mexico, the largest university in Latin America. Students were beaten and arrested indiscriminately. Rector Javier Barros Sierra resigned in protest on September 23.

Student demonstrators were not deterred, however. The demonstrations grew in size, until on October 2, after student strikes lasting nine weeks, 15,000 students from various universities marched through the streets of Mexico City, carrying red carnations to protest the army's occupation of the university campus. By nightfall, 5,000 students and workers, many of them with spouses and children, had congregated outside an apartment complex in the Plaza de las Tres Culturas in Tlatelolco for what was supposed to be a peaceful rally. Among their chants were México – Libertad – México – Libertad ("Mexico – Liberty – Mexico –Liberty"). Rally organizers attempted to call off the protest when they noticed an increased military presence in the area.

The massacre began at sunset when army and police forces—equipped with armored cars and tanks—surrounded the square and began firing live rounds into the crowd, hitting not only the protestors, but also other people who were present for reasons unrelated to the demonstration. Demonstrators and passersby alike, including children, were caught in the fire; soon, mounds of bodies lay on the ground. The killing continued through the night, with soldiers carrying out mopping-up operations on a house-to-house basis in the apartment buildings adjacent to the square. Witnesses to the event claim that the bodies were later removed in garbage trucks.

The official government explanation of the incident was that armed provocateurs among the demonstrators, stationed in buildings overlooking the crowd, had begun the firefight. Suddenly finding themselves sniper targets, the security forces had simply returned fire in self-defense.

Prague Spring

The Prague Spring (Czech: Pražské jaro, Slovak: Pražská jar, Russian: пражская весна) was a period of political liberalization in Czechoslovakia starting January 5, 1968 and running until August 20 of that year when the Soviet Union and its Warsaw Pact allies (except for Romania) invaded the country.

During World War II Czechoslovakia fell into the Soviet sphere of influence, the Eastern Bloc. Since 1948 there were no parties other than the Communist Party in the country and it was indirectly managed by the Soviet Union. Unlike other countries of Central and Eastern Europe, the communist take-over in Czechoslovakia in 1948 was, although as brutal as elsewhere, a genuine popular movement. Reform in the country did not lead to the convulsions seen in Hungary.

Towards the end of World War II Joseph Stalin wanted Czechoslovakia, and signed an agreement with Winston Churchill and Franklin D. Roosevelt, that Prague would be liberated by the Red Army despite the fact that the United States Army under General George S. Patton could have liberated the city earlier. This was important for the spread of pro-Russian (and pro-communist) propaganda that came right after the war. People still remembered what they felt as Czechoslovakia's betrayal by the West at the Munich Agreement. For these reasons the people voted for communists in the 1948 elections - the last democratic poll for a long time.

From the middle of the 1960s Czechs and Slovaks showed increasing signs of rejection of the existing regime. This change was reflected by reformist elements within the communist party by installing Alexander Dubček as party leader. Dubček's reforms of the political process inside Czechoslovakia, which he referred to as Socialism with a human face, did not represent a complete overthrow of the old regime, as was the case in Hungary in 1956. Dubček's changes had broad support from the society, including the working class. However, it was still seen by the Soviet leadership as a threat to their hegemony over other states of the Eastern Bloc and to the very safety of the Soviet Union. Czechoslovakia was in the middle of the defensive line of the Warsaw Pact and its possible defection to the enemy was unacceptable during the Cold War.

However a sizeable minority in the ruling party, especially at higher leadership levels, was opposed to any lessening of the party's grip on society and they actively plotted with the leadership of the Soviet Union to overthrow the reformers. This group watched in horror as calls for multi-party elections and other reforms began echoing throughout the country.

Between the nights of August 20 and August 21, 1968, Eastern Bloc armies from five Warsaw Pact countries invaded Czechoslovakia. During the invasion, Soviet tanks ranging in numbers from 5,000 to 7,000 occupied the streets. They were followed by a large number of Warsaw Pact troops ranging from 200,000 to 600,000.

The Soviets insisted that they had been invited to invade the country, stating that loyal Czechoslovak Communists had told them that they were in need of "fraternal assistance against the counter-revolution". A letter which was found in 1989 proved an invitation to invade did indeed exist. During the attack of the Warsaw Pact armies, 72 Czechs and Slovaks were killed (19 of those in Slovakia) and hundreds were wounded (up to September 3, 1968). Alexander Dubček called upon his people not to resist. He was arrested and taken to Moscow, along with several of his colleagues.

Japan 1960

Japan's biggest postwar political crisis took place in 1960 over the revision of the Japan-United States Mutual Security Assistance Pact. As the new Treaty of Mutual Cooperation and Security was concluded, which renewed the United States role as military protector of Japan, massive street protests and political upheaval occurred, and the cabinet resigned a month after the Diet's ratification of the treaty. Thereafter, political turmoil subsided. Japanese views of the United States, after years of mass protests over nuclear armaments and the mutual defense pact, improved by 1972, with the reversion of United States-occupied Okinawa to Japanese sovereignty and the winding down of the Vietnam War.

Treaty of Paris (1783)

Treaty of Paris (1783) 

The Treaty of Paris, signed on September 3, 1783, and approved by the Congress of the Confederation on January 14, 1784, formally ended the American Revolutionary War between the Kingdom of Great Britain and the thirteen colonies or the United States of America, which had rebelled against British rule starting in 1775. The other combatant nations, France, Spain and the Dutch Republic had separate agreements; for details of these see Peace of Paris (1783).

British recognition of American Independence

As a result of the French victory at the Battle of the Chesapeake and the allied American and French victory at the Siege of Yorktown, in December 1781 the British government revised its campaign strategy for the following year. However the lack of strategic victory at the naval Second Battle of Ushant off the French coast resulted in an inquiry into the administration of the Royal Navy, and subsequent French seizures of British colonies in the West Indies necessitated a further move away from operations in America. When the capture of the British base on Minorca in the Mediterranean Sea by a Spanish and French siege was added to these losses in February 1782, the government of Lord North was forced to resign by a series of Parliamentary votes, on 20 March 1782.

Because of the terms of France's alliance with America, the new British government began peace negotiations with Benjamin Franklin and other American representatives in Europe, to undermine the alliances against Britain. A breakthrough came in September 1782, when the authorization papers of Britain's negotiator were reworded to acknowledge that he was negotiating not with "colonies" but with "13 United States". British military successes that month against Spanish and French forces besieging the British fortress of Gibraltar, which commands the seaway between the Atlantic Ocean and the Mediterranean (plus the slow-traveling news of a ceasefire months earlier in a French-aided war against British forces in India), severely weakened the alliance, and France reluctantly accepted a preliminary peace treaty between the United States and Britain, finalized on 30 November. Though the British Parliament protested about some of the terms of this deal, it was formally signed as the Treaty of Paris on 3 September 1783 (peace treaties with France and Spain were signed the same day).

The agreement

 

Benjamin West's uncompleted painting of the American commissioners at the Treaty of Paris: John Jay, John Adams, Benjamin Franklin, Henry Laurens, and William Temple Franklin. The British commissioners refused to pose for a portrait.

The treaty document was signed at the Hôtel de York – now 56 Rue Jacob – by John Adams, Benjamin Franklin, and John Jay (representing the United States) and David Hartley (a member of British Parliament representing the British Monarch, King George III). Hartley was lodging at the hotel, which was therefore chosen in preference to the nearby British Embassy – 44 Rue Jacob – as "neutral" ground for the signing.

On September 3, Britain also signed separate agreements with France and Spain, and (provisionally) with the Netherlands. In the treaty with Spain, the colonies of East and West Florida were ceded to Spain (without any clearly defined northern boundary, resulting in disputed territory resolved with the Treaty of Madrid), as was the island of Minorca, while the Bahama Islands, Grenada, and Montserrat, captured by the French and Spanish, were returned to Britain. The treaty with France was mostly about exchanges of captured territory (France's only net gains were the island of Tobago, and Senegal in Africa), but also reinforced earlier treaties, guaranteeing fishing rights off Newfoundland. Dutch possessions in the East Indies, captured in 1781, were returned by Britain to the Netherlands in exchange for trading privileges in the Dutch East Indies.

The American Congress of the Confederation ratified the treaty on January 14, 1784, and copies were then sent back to Europe for ratification by the other parties involved, the first reaching France in March. British ratification occurred on April 9, 1784, and the ratified versions were exchanged in Paris on May 12, 1784. It was not for some time, though, that the Americans in the countryside received the news because of the lack of communication.

The ten Articles: key points

 

Preface. Declares the treaty to be "in the name of the most holy and undivided Trinity," states the bona fides of the signatories, and declares the intention of both parties to "forget all past misunderstandings and differences" and "secure to both perpetual peace and harmony."

  1. Recognizing the 13 colonies to be free, sovereign and independent States, and that his Majesty relinquishes all claims to the Government, propriety, and territorial rights of the same, and every part thereof;
  2. Establishing the boundaries between the United States and British North America (for an account of two strange anomalies resulting from this part of the Treaty, based on inaccuracies in the Mitchell Map, see Northwest Angle and the Republic of Indian Stream);
  3. Granting fishing rights to United States fishermen in the Grand Banks, off the coast of Newfoundland and in the Gulf of Saint Lawrence;
  4. Recognizing the lawful contracted debts to be paid to creditors on either side;
  5. The Congress of the Confederation will "earnestly recommend" to state legislatures to recognize the rightful owners of all confiscated lands "provide for the restitution of all estates, rights, and properties, which have been confiscated belonging to real British subjects [Loyalists]";
  6. United States will prevent future confiscations of the property of Loyalists;
  7. Prisoners of war on both sides are to be released and all property left by the British army in the United States unmolested (including slaves);
  8. Great Britain and the United States were each to be given perpetual access to the Mississippi River;
  9. Territories captured by Americans subsequent to treaty will be returned without compensation;
  10. Ratification of the treaty was to occur within six months from the signing by the contracting parties.

Aftermath

Privileges which the Americans had received from Britain automatically when they had colonial status (including some surprising ones, such as protection from pirates in the Mediterranean Sea) were withdrawn. Individual States ignored Federal recommendations, under Article 5, to restore confiscated Loyalist property, and also evaded Article 6 (e.g. by confiscating Loyalist property for "unpaid debts"). Some, notably Virginia, also defied Article 4 and maintained laws against payment of debts to British creditors. Individual British soldiers ignored the provision of Article 7 about removal of slaves. The real geography of North America turned out not to match the details given in the Canadian boundary descriptions. The Treaty specified a southern boundary for the United States, but the separate Anglo-Spanish agreement did not specify a northern boundary for Florida, and the Spanish government assumed that the boundary was the same as in the 1763 agreement by which they had first given their territory in Florida to Britain. While that dispute continued, Spain used its new control of Florida to block American access to the Mississippi, in defiance of Article 8. In the Great Lakes area, the British adopted a very generous interpretation of the stipulation that they should relinquish control "with all convenient speed", because they needed time to negotiate with the First Nations, who had kept the area out of United States control, but had been completely ignored in the Treaty. Even after that was accomplished, Britain retained control as a bargaining counter in hopes of obtaining some recompense for the confiscated Loyalist property. This matter was finally settled by the Jay Treaty in 1794, and America's ability to bargain on all these points was greatly strengthened by the creation of the new constitution in 1787.

Only Article 1 remains in force as of 2007.

 

Martin Luther

MARTIN LUTHER

(Life & works) 

 

Martin Luther (November 10, 1483 – February 18, 1546) was a German monk, theologian, university professor, Father of Protestantism, and church reformer whose ideas influenced the Protestant Reformation and changed the course of Western civilization.

Luther's theology challenged the authority of the papacy by holding that the Bible is the only infallible source of religious authority and that all baptized Christians under Jesus are a universal priesthood. According to Luther, salvation is a free gift of God, received only by true repentance and faith in Jesus as the Messiah, a faith given by God and unmediated by the church.

At the Diet of Worms assembly over freedom of conscience in 1521, Luther's confrontation with the Holy Roman Emperor Charles V and his refusal to submit to the authority of the Emperor resulted in his being excommunicated from the Roman Catholic Church and being declared an outlaw of the state as a consequence.

His translation of the Bible into the vernacular of the people made the Scriptures more accessible to them, and had a tremendous political impact on the church and on German culture. It furthered the development of a standard version of the German language, added several principles to the art of translation, and influenced the translation of the English King James Bible. His hymns inspired the development of congregational singing within Christianity. His marriage to Katharina von Bora set a model for the practice of clerical marriage within Protestantism.

Much scholarly debate has concentrated on Luther's writings about the Jews. His statements that Jews' homes should be destroyed, their synagogues burned, money confiscated and liberty curtailed were revived and used in propaganda by the Nazis in 1933–45. As a result of this and his revolutionary theological views, his legacy remains controversial.

Early life and the development of his ideas

Birth and education

Martin Luther was born to Hans Luder (or Ludher, later Luther) and his wife Margarethe (née Lindemann) on November 10, 1483 in Eisleben, Germany, then part of the Holy Roman Empire. He was baptized the next morning on the feast day of St. Martin of Tours. His family moved to Mansfeld in 1484, where his father was a leaseholder of copper mines and smelters, and served as one of four citizen representatives on the local council. Martin Marty describes Luther's mother as a hard-working woman of "trading-class stock and middling means," and notes that Luther's enemies would later wrongly describe her as a whore and bath attendant. He had several brothers and sisters, and is known to have been close to one of them, Jacob.

Hans Luther was ambitious for himself and his family, and was determined to see Martin, his eldest son, become a lawyer. He sent Martin to Latin schools in Mansfeld, then Magdeburg in 1497, where he attended a school operated by a lay group called the Brethren of the Common Life, and Eisenach in 1498. The three schools focused on the so-called "trivium": grammar, rhetoric, and logic. Luther later compared his education there to purgatory and hell.

In 1501, at the age of seventeen, he entered the University of Erfurt — which he later described as a beerhouse and whorehouse, — which saw him awakened at four every morning for what has been described as "a day of rote learning and often wearying spiritual exercises." He received his master's degree in 1505.

In accordance with his father's wishes, he enrolled in law school at the same university that year, but dropped out almost immediately, believing that law represented uncertainty. Luther sought assurances about life, and was drawn to theology and philosophy, expressing particular interest in Aristotle, William of Ockham, and Gabriel Biel. He was deeply influenced by two tutors, Bartholomäus Arnoldi von Usingen and Jodocus Trutfetter, who taught him to be suspicious of even the greatest thinkers, and to test everything himself by experience. Philosophy proved to be unsatisfying, offering assurance about the use of reason, but none about the importance, for Luther, of loving God. Reason could not lead men to God, he felt, and he developed a love-hate relationship with Aristotle over the latter's emphasis on reason. For Luther, reason could be used to question men and institutions, but not God. Human beings could learn about God only through divine revelation, he believed, and Scripture therefore became increasingly important to him.

He decided to leave his studies and become a monk, later attributing his decision to an experience during a thunderstorm on July 2, 1505. A lightning bolt struck near him as he was returning to university after a trip home. Later telling his father he was terrified of death and divine judgment, he cried out, "Help! Saint Anna, I will become a monk!" He came to view his cry for help as a vow he could never break.

He left law school, sold his books, and entered a closed Augustinian friary in Erfurt on July 17, 1505. One friend blamed the decision on Luther's sadness over the deaths of two friends. Luther himself seemed saddened by the move. Those who attended a farewell supper walked him to the door of the Black Cloister. "This day you see me, and then, not ever again," he said. His father was furious over what he saw as a waste of Luther's education.

Monastic and academic life

One of Luther's monastic cells

Luther dedicated himself to monastic life, devoting himself to fasting, long hours in prayer, pilgrimage, and frequent confession. Luther tried to please God through this dedication, but it only increased his awareness of his own sinfulness. He would later remark, "If anyone could have gained heaven as a monk, then I would indeed have been among them." Luther described this period of his life as one of deep spiritual despair. He said, "I lost touch with Christ the Savior and Comforter, and made of him the jailor and hangman of my poor soul."

Johann von Staupitz, his superior, concluded that Luther needed more work to distract him from excessive introspection and ordered him to pursue an academic career. In 1507, he was ordained to the priesthood, and in 1508 began teaching theology at the University of Wittenberg. He received a Bachelor's degree in Biblical studies on March 9, 1508, and another Bachelor's degree in the Sentences by Peter Lombard in 1509. On October 19, 1512, he was awarded his Doctor of Theology and, on October 21, 1512, was received into the senate of the theological faculty of the University of Wittenberg, having been called to the position of Doctor in Bible. He spent the rest of his career in this position at the University of Wittenberg.

Indulgences, controversy and the start of the Reformation

In 1516-17, Johann Tetzel, a Dominican friar and papal commissioner for indulgences, was sent to Germany by the Roman Catholic Church to sell indulgences to raise money to rebuild St Peter's Basilica in Rome. Roman Catholic theology stated that faith alone, whether fiduciary or dogmatic, cannot justify man; and that only such faith as is active in charity and good works (fides caritate formata) can justify man. These good works could be obtained by donating money to the church.

On October 31, 1517, Luther wrote to Albrecht, Archbishop of Mainz and Magdeburg, protesting the sale of indulgences. He enclosed in his letter a copy of his "Disputation of Martin Luther on the Power and Efficacy of Indulgences," which came to be known as The 95 Theses. Hans Hillerbrand writes that Luther had no intention of confronting the church, but saw h