On August 26, 1920, the 19th Amendment took effect and women had the legal right to vote.
When the United States was established, voting rights were not as restricted as they would be a hundred years later. In New Jersey, women with property could vote. In other states, freemen could vote. However, by the time of the Civil War, these rights had all been stripped.
Many progressive women had banded together to work for civil rights as abolitionists. When women met at Seneca Falls in July 1848, Frederick Douglass was in attendance as well. It quite naturally occurred to several of these women that they were fighting for rights they did not themselves have. This was not universal; some women's societies felt that minorities should not be voting.
At the time of Seneca Falls, women were at the mercy of their husbands; they could not own property, enter into contracts, or serve on juries. One exception to this was the recent Married Women Property Act, which allowed women to keep property they had brought in into the marriage. During the marriage the property was under the husband's control, although it could no longer be seized for debts of the husband.
Another cause that fed into the Suffragettes was the temperance movements; alcohol was an even more dangerous bane to families when women could not control family finances nor count on law enforcement for protection.
The Seneca Falls Convention was the first major meeting of leaders in the new women's movement. Many of the attendees would not vote in their lifetime. One exception was Susan B. Anthony, who voted illegally in 1872. She was arrested, and went to court. She argued the Fourteenth Amendment applied to women; she was fined $100 which she refused to pay and in fact did not.
Voting was starting to undergo a shift. With the settlement of the West, voting was opening up for groups previously disenfranchised. Immigrants, for example, were allowed to vote in some frontier states. Wyoming enfranchised women in 1869. Many western states allowed women to vote long before the Amendment was passed. Montana elected Jeannette Rankin to the Senate in 1914. In the East, poll taxes and reading tests were being implemented.
The Amendment, after several abortive attempts between 1915-1919, finally passed on May 21, 1919 with the strong support of President Wilson. Soon ratified by the states, women could officially vote as of August 26, 1920.
Thursday, August 27, 2009
Wednesday, August 26, 2009
August 27
On August 27, 1908, President Lyndon Baines Johnson was born in Texas. He attended a teacher's college before his life in politics. He taught the children of Mexican immigrants. In later life, he would champion early education and the fight against poverty, having witnessed firsthand the effects.
Johnson ran for the House of Representatives in 1937, and moved to the Senate six years later. In 1953 he became House Minority Leader, the youngest to do so. A year later, he was Majority leader. Johnson was very effective in the Senate, and managed to pass a lot of legislation.
In 1960, Johnson became the running mate of John F. Kennedy. Johnson was not impressed with the Vice-Presidency. Upon the death of Kennedy, Johnson became President.
As President, he pushed Kennedy's civil rights legislation and the Great Society. The Great Society was a number of programs that attacked poverty and supported education, Medicare, urban renewal, and voting rights. Johnson also presided over the space program that would go on to put man on the moon.
Johnson also got enmeshed in the conflict in Vietnam. This made him tremendously unpopular. As a result, Johnson declined to run for re-election in 1968. He died of a heart attack in 1973.
Johnson did more for the poor than any president before or since. He championed civil rights and improved the lives of the elderly. He oversaw the creation of programs like Head Start. His legacy lives today.
Johnson ran for the House of Representatives in 1937, and moved to the Senate six years later. In 1953 he became House Minority Leader, the youngest to do so. A year later, he was Majority leader. Johnson was very effective in the Senate, and managed to pass a lot of legislation.
In 1960, Johnson became the running mate of John F. Kennedy. Johnson was not impressed with the Vice-Presidency. Upon the death of Kennedy, Johnson became President.
As President, he pushed Kennedy's civil rights legislation and the Great Society. The Great Society was a number of programs that attacked poverty and supported education, Medicare, urban renewal, and voting rights. Johnson also presided over the space program that would go on to put man on the moon.
Johnson also got enmeshed in the conflict in Vietnam. This made him tremendously unpopular. As a result, Johnson declined to run for re-election in 1968. He died of a heart attack in 1973.
Johnson did more for the poor than any president before or since. He championed civil rights and improved the lives of the elderly. He oversaw the creation of programs like Head Start. His legacy lives today.
Tuesday, August 25, 2009
August 25
On August 25, 1950, President Harry Truman seized control of the railroads, specifically putting them under the control of the US Army.
The railroad unions were poised to strike, and the Korean Conflict was still ongoing. Truman justified intervening on the grounds on military need and economic necessity. The Korean Conflict was never a declared war, it was a police action. The railroads continue to be a vital link in interstate commerce, making it a federal concern, but interstate commerce is the purview of Congress.
Truman said it was a matter of "national defense and security". It was a expansive view of executive power, the trend of the 20th Century.
Truman intervened in several strikes during his term, including steel plants.
The strike did go on, and lasted for 21 months.
The railroad unions were poised to strike, and the Korean Conflict was still ongoing. Truman justified intervening on the grounds on military need and economic necessity. The Korean Conflict was never a declared war, it was a police action. The railroads continue to be a vital link in interstate commerce, making it a federal concern, but interstate commerce is the purview of Congress.
Truman said it was a matter of "national defense and security". It was a expansive view of executive power, the trend of the 20th Century.
Truman intervened in several strikes during his term, including steel plants.
The strike did go on, and lasted for 21 months.
Monday, August 24, 2009
August 24
On August 24, 1993, police starting investigating allegations of child abuse involving Michael Jackson.
Child abuse cases are very complicated to prosecute. Child abuse cases require all kinds of exemptions from the rules of evidence, and an exemption to the Constitutional right to confront one's accuser.
Children are allowed to testify at any trial as long as they understand the truth, are able to communicate, and have first hand knowledge. This can be problematic for very young children.
If the child is traumatized by the experience, the child may be excused from testifying and a transcript used instead. The courts generally prefer an available witness to testify because of the right to confront an accuser, but under certain circumstances (not specific to molestation cases) this can be exempted under hearsay rules.
In general, evidence of similar crimes is excluded in trial, unless it is a specific element of the crime in question. In molestation cases, there is a lot more leeway over what may be introduced into the record, and it doesn't need to be a particularly close match.
The biggest obstacle in prosecuting child molestation cases is probably the court system itself. The law is slow and deliberate, and a child may have to relive the experience multiple times. While the court system tries to minimize the impact on victims, the rights of the accused still need to be answered as well, and the accused is entitled to a defense.
Settlement may seem the best answer for everyone, regardless of what really occurred, which was the final result of the Jackson investigations.
Child abuse cases are very complicated to prosecute. Child abuse cases require all kinds of exemptions from the rules of evidence, and an exemption to the Constitutional right to confront one's accuser.
Children are allowed to testify at any trial as long as they understand the truth, are able to communicate, and have first hand knowledge. This can be problematic for very young children.
If the child is traumatized by the experience, the child may be excused from testifying and a transcript used instead. The courts generally prefer an available witness to testify because of the right to confront an accuser, but under certain circumstances (not specific to molestation cases) this can be exempted under hearsay rules.
In general, evidence of similar crimes is excluded in trial, unless it is a specific element of the crime in question. In molestation cases, there is a lot more leeway over what may be introduced into the record, and it doesn't need to be a particularly close match.
The biggest obstacle in prosecuting child molestation cases is probably the court system itself. The law is slow and deliberate, and a child may have to relive the experience multiple times. While the court system tries to minimize the impact on victims, the rights of the accused still need to be answered as well, and the accused is entitled to a defense.
Settlement may seem the best answer for everyone, regardless of what really occurred, which was the final result of the Jackson investigations.
Sunday, August 23, 2009
August 23
On August 23, 1927, Nicola Sacco and Bartolomeo Vanzetti were executed by execution.
Nicola Sacco and Bartolomeo Vanzetti were two Italian immigrants accused of taking part in a robbery gone wrong. A payroll robbery that ended with killings. The perpetrators were described as Italian.
Sacco and Vanzetti were anarchists, not uncommon at the time. They had distributed some literature and attended meetings. There were a lot of procedural irregularities in the police work, the the judge in the proceedings was openly hostile to the defendants. Unfortunately for Sacco and Vanzetti, the same judge presided over his appeal.
The case was sensational and attracted a lot of press. Another man confessed he had participated, but not action was taken. Worldwide protests were held, but the Supreme Court declined to reopen the case.
In 1961, the gun used was tested using science not available at the time of the killings. The evidence strongly indicated Sacco's gun was used. The chain of evidence was not unbroken however. The general belief is that Vanzetti was not involved, in fact there was evidence he was elsewhere when the robbery was committed.
Governor Dukakis issued a pardon in 1977.
Nicola Sacco and Bartolomeo Vanzetti were two Italian immigrants accused of taking part in a robbery gone wrong. A payroll robbery that ended with killings. The perpetrators were described as Italian.
Sacco and Vanzetti were anarchists, not uncommon at the time. They had distributed some literature and attended meetings. There were a lot of procedural irregularities in the police work, the the judge in the proceedings was openly hostile to the defendants. Unfortunately for Sacco and Vanzetti, the same judge presided over his appeal.
The case was sensational and attracted a lot of press. Another man confessed he had participated, but not action was taken. Worldwide protests were held, but the Supreme Court declined to reopen the case.
In 1961, the gun used was tested using science not available at the time of the killings. The evidence strongly indicated Sacco's gun was used. The chain of evidence was not unbroken however. The general belief is that Vanzetti was not involved, in fact there was evidence he was elsewhere when the robbery was committed.
Governor Dukakis issued a pardon in 1977.
Saturday, August 22, 2009
August 22
On August 22, 1864. the Red Cross was formed, as well as twelve nations signing the first Geneva Convention.
The International Committee of the Red Cross has a very interesting special status in international law. It is charged with protecting the life and dignity of victims of wars, including soldiers. The Red Cross is prohibited in taking sides in conflicts. In return, Red Cross workers are supposed to be respected in conflicts.
The Red Cross has an analogue in the Red Crescent. The Red Crescent operates by the same rules, among which are the societies have to be recognized as relief societies by their own government, and the governments in question have to be signatories to the Geneva Convention. Most countries are. There are other afflilated organizations, but not recognized in the same way.
The UN has given the Red Cross official observer status, the first organization to be so recognized. The Red Cross today traces the dead, oversees prisoners of war, and arbitrates in international conflicts.
The International Committee of the Red Cross has a very interesting special status in international law. It is charged with protecting the life and dignity of victims of wars, including soldiers. The Red Cross is prohibited in taking sides in conflicts. In return, Red Cross workers are supposed to be respected in conflicts.
The Red Cross has an analogue in the Red Crescent. The Red Crescent operates by the same rules, among which are the societies have to be recognized as relief societies by their own government, and the governments in question have to be signatories to the Geneva Convention. Most countries are. There are other afflilated organizations, but not recognized in the same way.
The UN has given the Red Cross official observer status, the first organization to be so recognized. The Red Cross today traces the dead, oversees prisoners of war, and arbitrates in international conflicts.
Friday, August 21, 2009
August 21
On August 21, 1959, Hawaii becomes the 50th state.
Hawaii has an interesting history. First settled by Polynesians, it was discovered by James Cook in 1778. He named the islands the Sandwich Islands for European purposes. Cook died there in a dispute with the local people.
In 1810, the various tribes were united under Kamehameha the Great. Europeans were settling on the islands, and in 1887 pushed the signing of the Constitution of the Kingdom of Hawaii. This was a document that limited the king's power, disenfranchised Asian voters, and restricted voting to wealthy European landowners. In 1893, a group of landowners staged a coup and created a provisional government. This coup had the aid of a group of marines that were there to "protect" the American residents.
Despite this, a lot of American government officials had qualms about what to do with Hawaii. Grover Cleveland's government declared the coup illegal and demanded Queen Liliʻuokalani be returned to power. The provisional government refused. Congress on the other hand looked more favorably upon the landowner's actions.
In 1898, Hawaii was formally annexed to the United States. While many residents wanted statehood, the landowners that ran Hawaii preferred territorial status. Statehood would confer voting rights on all legal citizens, not just the wealthy. When voting on statehood at long last, Hawaiians voted 17-1 in favor.
Hawaii has an interesting history. First settled by Polynesians, it was discovered by James Cook in 1778. He named the islands the Sandwich Islands for European purposes. Cook died there in a dispute with the local people.
In 1810, the various tribes were united under Kamehameha the Great. Europeans were settling on the islands, and in 1887 pushed the signing of the Constitution of the Kingdom of Hawaii. This was a document that limited the king's power, disenfranchised Asian voters, and restricted voting to wealthy European landowners. In 1893, a group of landowners staged a coup and created a provisional government. This coup had the aid of a group of marines that were there to "protect" the American residents.
Despite this, a lot of American government officials had qualms about what to do with Hawaii. Grover Cleveland's government declared the coup illegal and demanded Queen Liliʻuokalani be returned to power. The provisional government refused. Congress on the other hand looked more favorably upon the landowner's actions.
In 1898, Hawaii was formally annexed to the United States. While many residents wanted statehood, the landowners that ran Hawaii preferred territorial status. Statehood would confer voting rights on all legal citizens, not just the wealthy. When voting on statehood at long last, Hawaiians voted 17-1 in favor.
Thursday, August 20, 2009
August 20
On August 20, 1988, Peru becomes a signatory to the Berne Convention (for copyrights).
Copyright has a long and interesting history. Copyright is one of the few rights enumerated in the Constitution proper (alongside patents). However, the US did not particularly respect the copyright of other countries until the 1909 Berne Convention. A large part of the reason for this was United States intellectual property was becoming increasingly valuable. Berne was good for domestic copyright as well, as it removed several complex formalities from having a defensible copyright.
Berne was initially a treaty between Western nations. Copyright is a mixed blessing for emerging nations, because copyright does up the cost of intellectual property. A pirated copy of a book does not have to pay the author, for example. This is a contributory factor towards the popularity of English works in the US in the 18th century; English works were frequently pirated and consequently cheaper.
Additionally, in emerging nations, there is frequently much more intellectual property coming in than going out. Corporations, more familiar with copyright and patents, will also take credit (and the royalties) for traditional works.
Nonetheless, these nations end up joining Berne for other diplomatic reasons. They are pressured to do so in order to enjoy other benefits.
Copyright has a long and interesting history. Copyright is one of the few rights enumerated in the Constitution proper (alongside patents). However, the US did not particularly respect the copyright of other countries until the 1909 Berne Convention. A large part of the reason for this was United States intellectual property was becoming increasingly valuable. Berne was good for domestic copyright as well, as it removed several complex formalities from having a defensible copyright.
Berne was initially a treaty between Western nations. Copyright is a mixed blessing for emerging nations, because copyright does up the cost of intellectual property. A pirated copy of a book does not have to pay the author, for example. This is a contributory factor towards the popularity of English works in the US in the 18th century; English works were frequently pirated and consequently cheaper.
Additionally, in emerging nations, there is frequently much more intellectual property coming in than going out. Corporations, more familiar with copyright and patents, will also take credit (and the royalties) for traditional works.
Nonetheless, these nations end up joining Berne for other diplomatic reasons. They are pressured to do so in order to enjoy other benefits.
Wednesday, August 19, 2009
August 19
On August 19, 1960, the Soviet Union sentenced Francis Gary Powers to 10 years for espionage.
Powers had been shot down over Soviet airspace, at an altitude of 68,000 ft in a U2 spy plane. He was equipped with supplies, gold, even a suicide pin, and employed by the CIA. He had been recording film of various points of military interest.
Occupied land in the US does not merely contain the dirt on the surface. Unless rights are sold, or subject to an easement, the land above and below a piece of property belong to the owner. Mineral rights are frequently stripped from residential property, and easements are common for sewers, power and telephone lines. Commercial and military aircraft also have an easement. These means that commercial planes have to fly within certain zones. At the dawn of flight, several lawsuits were filed for trespass with airplanes. The courts did not want to shut down the burgeoning technology, so easements were granted.
International law is even blurrier. Airspace starts at the international waters line, which is 12 nautical miles from the coastline. It extends vertically until "outer space" which does not have an agreed upon boundary. An international body has established the Karman line, which is 100 km, but this boundary has no legal status. The US considers anyone who has been 80 km away from the surface an astronaut.
Powers was flying at roughly 20 km. Powers was exchanged for a Soviet spy in 1962. The US continued to send U2 planes on spy missions, and continues to. Powers died in 1977 in a helicopter crash.
Powers had been shot down over Soviet airspace, at an altitude of 68,000 ft in a U2 spy plane. He was equipped with supplies, gold, even a suicide pin, and employed by the CIA. He had been recording film of various points of military interest.
Occupied land in the US does not merely contain the dirt on the surface. Unless rights are sold, or subject to an easement, the land above and below a piece of property belong to the owner. Mineral rights are frequently stripped from residential property, and easements are common for sewers, power and telephone lines. Commercial and military aircraft also have an easement. These means that commercial planes have to fly within certain zones. At the dawn of flight, several lawsuits were filed for trespass with airplanes. The courts did not want to shut down the burgeoning technology, so easements were granted.
International law is even blurrier. Airspace starts at the international waters line, which is 12 nautical miles from the coastline. It extends vertically until "outer space" which does not have an agreed upon boundary. An international body has established the Karman line, which is 100 km, but this boundary has no legal status. The US considers anyone who has been 80 km away from the surface an astronaut.
Powers was flying at roughly 20 km. Powers was exchanged for a Soviet spy in 1962. The US continued to send U2 planes on spy missions, and continues to. Powers died in 1977 in a helicopter crash.
Tuesday, August 18, 2009
August 18
On August 18, 1963, James Meredith graduated from the University of Mississippi with a degree in political science.
It was a long road getting there. As an African-American, he had been denied admission twice. He had served in the Air Force for nine years previous to entering college. He had to sue the school to be admitted, making it to the Fifth Circuit Court of Appeals. Having been admitted over the objections of the school, riots erupted when Meredith first arrived on campus, accompanied by federal marshals. Army units were called in to quell the riots. Meredith was escorted by a military guard the next day when he started attending classes.
After two semesters of harassment, Meredith graduated (he had attended another college prior to his tranfer to Ol' Miss). He went on to earn an LLB from Columbia Law School. Some of Meredith's occupations included stockbroker and aide to Senator Jesse Helms.
It was a long road getting there. As an African-American, he had been denied admission twice. He had served in the Air Force for nine years previous to entering college. He had to sue the school to be admitted, making it to the Fifth Circuit Court of Appeals. Having been admitted over the objections of the school, riots erupted when Meredith first arrived on campus, accompanied by federal marshals. Army units were called in to quell the riots. Meredith was escorted by a military guard the next day when he started attending classes.
After two semesters of harassment, Meredith graduated (he had attended another college prior to his tranfer to Ol' Miss). He went on to earn an LLB from Columbia Law School. Some of Meredith's occupations included stockbroker and aide to Senator Jesse Helms.
Monday, August 17, 2009
August 17
On August 17, 1998, President Bill Clinton admitted to having an affair with Monica Lewinsky as he testified in front of the grand jury. Clinton was the first president to sit for a grand jury.
Prosecutor Kenneth Starr then used Clinton's earlier denials to charge Clinton with perjury and obstruction of justice, the same charges leveled against Richard Nixon. Clinton denied any cover up or destruction of evidence.
The Lewinsky affair was the culmination of a long investigation started to look into questionable real estate transactions. The charges of perjury and obstruction of justice were grounds for impeachment. The House voted on Articles of Impeachment, but the House found Clinton innocent in the Senate.
Prosecutor Kenneth Starr then used Clinton's earlier denials to charge Clinton with perjury and obstruction of justice, the same charges leveled against Richard Nixon. Clinton denied any cover up or destruction of evidence.
The Lewinsky affair was the culmination of a long investigation started to look into questionable real estate transactions. The charges of perjury and obstruction of justice were grounds for impeachment. The House voted on Articles of Impeachment, but the House found Clinton innocent in the Senate.
Sunday, August 16, 2009
August 16
On August 16, 1964, President Johnson's interpretation of the Gulf of Tonkin resolution was attacked in the Senate by Sen. Fulbright, Chairman of the Foreign Relations Subcommittee.
The Gulf of Tonkin resolution was voted on in the immediate aftermath of the Gulf of Tonkin incident. On August 2nd, 1964, there had been some naval skirmishes off the coast of Vietnam. The joint resolution gave President Johnson the authority to use whatever means necessary to aid any state in the South Asia Collective Defense Treaty. Famously, only two senators voted against it; Wayne Morse and Ernest Gruening. The resolution was voted on very quickly.
President Johnson then used the resolution to justify escalation of the Vietnam War. No formal declaration of war by Congress was ever made, as required by the Constitution. The resolution was invalidated during the Nixon administration, but by then the damage was done.
The Gulf of Tonkin resolution was voted on in the immediate aftermath of the Gulf of Tonkin incident. On August 2nd, 1964, there had been some naval skirmishes off the coast of Vietnam. The joint resolution gave President Johnson the authority to use whatever means necessary to aid any state in the South Asia Collective Defense Treaty. Famously, only two senators voted against it; Wayne Morse and Ernest Gruening. The resolution was voted on very quickly.
President Johnson then used the resolution to justify escalation of the Vietnam War. No formal declaration of war by Congress was ever made, as required by the Constitution. The resolution was invalidated during the Nixon administration, but by then the damage was done.
Saturday, August 15, 2009
August 15
On August 15, 1995, Shannon Faulkner becomes the first female to become a student at the Citadel.
Over a three year legal battle, Faulker had argued that as a publicly supported school, she should be entitled to attend. The college wanted her to attend a "separate but equal" facility. The court did not accept this argument.
Today, women comprise 7.4% of the entering class.
Over a three year legal battle, Faulker had argued that as a publicly supported school, she should be entitled to attend. The college wanted her to attend a "separate but equal" facility. The court did not accept this argument.
Today, women comprise 7.4% of the entering class.
Friday, August 14, 2009
August 14
On August 14, 1848, the Oregon Territory was organized.
The Oregon Territory was a massive area including Washington state, Oregon, Idaho, and parts of Wyoming and Montana. The southern border was the 42nd Parallel, the north the 49th Parallel (as the US-Canada border in this region is today). In 1853 the Washington Territory split off.
The 49th Parallel as a boundary was not random. The US had been in disputes with the British over who owned what. The 49th Parallel was the original offer by the US, but upon being rejected by the British, calls for 54-40 or Fight! became popular. 54 degrees 40 was the edge of the Russian territory. However, a compromise was finally reached in the Oregon Treaty.
There was one oddity to emerge out of these negotiations. Had the 49th Parallel been followed all the way to the coast, Vancouver Island would have been divided. This was given to what would become Canada. However, there was a 4.5 sq mile piece of land jutting out from the mainland; this became Point Roberts, Washington. This is one of a handful of US lands only accessible through Canada, and but continues to have a strong American presence today.
The Oregon Territory was a massive area including Washington state, Oregon, Idaho, and parts of Wyoming and Montana. The southern border was the 42nd Parallel, the north the 49th Parallel (as the US-Canada border in this region is today). In 1853 the Washington Territory split off.
The 49th Parallel as a boundary was not random. The US had been in disputes with the British over who owned what. The 49th Parallel was the original offer by the US, but upon being rejected by the British, calls for 54-40 or Fight! became popular. 54 degrees 40 was the edge of the Russian territory. However, a compromise was finally reached in the Oregon Treaty.
There was one oddity to emerge out of these negotiations. Had the 49th Parallel been followed all the way to the coast, Vancouver Island would have been divided. This was given to what would become Canada. However, there was a 4.5 sq mile piece of land jutting out from the mainland; this became Point Roberts, Washington. This is one of a handful of US lands only accessible through Canada, and but continues to have a strong American presence today.
Thursday, August 13, 2009
August 13
On August 13, 1961, East Germany closes the border in Berlin.
Berlin had been divided with the fall of Germany at the end of WWII. East Berlin was run by the Soviet Union, the West between the US, the UK and France. Berlin was deep inside the Soviet sector of Germany, but was divided into the four parts nonetheless.
Now, nothing about this wall was particularly illegal, but did break up families, made many East Germans lose their livelihood, and killed many would-be escapees.
On June 13, 1990, the official dismantling of the wall began, although people had been breaking it down for months by that time.
Berlin had been divided with the fall of Germany at the end of WWII. East Berlin was run by the Soviet Union, the West between the US, the UK and France. Berlin was deep inside the Soviet sector of Germany, but was divided into the four parts nonetheless.
Now, nothing about this wall was particularly illegal, but did break up families, made many East Germans lose their livelihood, and killed many would-be escapees.
On June 13, 1990, the official dismantling of the wall began, although people had been breaking it down for months by that time.
Wednesday, August 12, 2009
August 12
On August 12, 2004, the California Supreme Court voided prior same-sex marriages performed in the state of California.
On February 12, 2004, the City Clerk's office of San Francisco, at the direction of mayor Gavin Newsom, started issuing marriage licenses to same-sex couples. The position of the mayor and the city was that denying marriage licenses denied Equal Protection under the California Constitution. The Clerk's office was immediately swamped with couples wanting to get married.
The courts were quickly called in. Marriage is a state-by-state issue, so marriage issues are handled by state courts. At the federal level, Congress can only control how marriage is treated between states. Under the Full Faith and Credit Clause of the Constitution, judicial acts such as marriage are to get equal treatment in every state; marriages performed in one state must be respected by other states. Domestic partnerships are not required to be recognized by other states, although some states will recognize them.
However, Congress passed the Defense of Marriage Act in 1996, which decreed that a marriage was only between one man and one woman, and any other arrangement did not have to be respected by any other state.
While to many, Equal Protection should make outlawing gay marriages unconstitutional, justification comes on three fronts.
Judges who have upheld bans on gay marriages say that homosexuals are not banned from getting married. They have the same right to marry someone of the opposite sex as heterosexuals do. Hence, no discrimination.
The next issue is level of scrutiny. In racial discrimination, a standard of strict scrutiny is applied. Strict scrutiny means that the government must have a compelling state interest in discriminating against a protected class. However, homosexuals are not a protected class. In their case, only rational basis applies. That means the government may discriminate, as long as they have a defensible reason.
Finally, judges have been hesitant to interfere with the actions of a legally elected body; Anderson v King County, for example, respected the state legislature passing a state version of DOMA. The Washington Supreme court was sympathetic, but told the petitioners to make their case to the voters.
At this time, same-sex marriages are available in Massachussets, Connecticut, and Iowa. Maine, New Hampshire, and Vermont have laws on the books that have not yet come into effect.
On February 12, 2004, the City Clerk's office of San Francisco, at the direction of mayor Gavin Newsom, started issuing marriage licenses to same-sex couples. The position of the mayor and the city was that denying marriage licenses denied Equal Protection under the California Constitution. The Clerk's office was immediately swamped with couples wanting to get married.
The courts were quickly called in. Marriage is a state-by-state issue, so marriage issues are handled by state courts. At the federal level, Congress can only control how marriage is treated between states. Under the Full Faith and Credit Clause of the Constitution, judicial acts such as marriage are to get equal treatment in every state; marriages performed in one state must be respected by other states. Domestic partnerships are not required to be recognized by other states, although some states will recognize them.
However, Congress passed the Defense of Marriage Act in 1996, which decreed that a marriage was only between one man and one woman, and any other arrangement did not have to be respected by any other state.
While to many, Equal Protection should make outlawing gay marriages unconstitutional, justification comes on three fronts.
Judges who have upheld bans on gay marriages say that homosexuals are not banned from getting married. They have the same right to marry someone of the opposite sex as heterosexuals do. Hence, no discrimination.
The next issue is level of scrutiny. In racial discrimination, a standard of strict scrutiny is applied. Strict scrutiny means that the government must have a compelling state interest in discriminating against a protected class. However, homosexuals are not a protected class. In their case, only rational basis applies. That means the government may discriminate, as long as they have a defensible reason.
Finally, judges have been hesitant to interfere with the actions of a legally elected body; Anderson v King County, for example, respected the state legislature passing a state version of DOMA. The Washington Supreme court was sympathetic, but told the petitioners to make their case to the voters.
At this time, same-sex marriages are available in Massachussets, Connecticut, and Iowa. Maine, New Hampshire, and Vermont have laws on the books that have not yet come into effect.
Tuesday, August 11, 2009
August 11
On August 11, 1934, the first civilian prisoners are introduced to Alcatraz prison.
Alcatraz is located outside San Francisco. Prior to this time, Alcatraz had been used as a military prison. The island is a good location for a penitentiary as it is cut off by the mainland by the very strong, rough currents of San Francisco Bay. Many escapees died trying to swim to shore.
Some of Alcatraz' more famous residents included Al Capone and George "Machine Gun" Kelly. The Birdman of Alcatraz was also known as Robert Franklin Stroud. Staff and their families lived there as well.
Alcatraz was also occupied by Indian tribes from 1969-1971, to protest federal Indian policies.
What kind of crimes would land someone in Alcatraz? It was a federal prison, so only federal crimes would apply. Al Capone served for tax evasion. Murder of a federal employee, such as a US Marshall or postal worker is a federal crime. Kidnapping is a federal crime.
Because of the way the US government is structured, authority over crime belongs to the states unless the Federal government passes specific legislation (police power). And Congress has to justify any legislation by its enumerated powers of the Constitution. So federal crimes usually apply to crimes against the federal government, or crimes involving multiple states.
The prison was closed in 1963, by order of Attorney General Robert F. Kennedy. Today, Alcatraz is a tourist attraction, part of the National Park Service.
Alcatraz is located outside San Francisco. Prior to this time, Alcatraz had been used as a military prison. The island is a good location for a penitentiary as it is cut off by the mainland by the very strong, rough currents of San Francisco Bay. Many escapees died trying to swim to shore.
Some of Alcatraz' more famous residents included Al Capone and George "Machine Gun" Kelly. The Birdman of Alcatraz was also known as Robert Franklin Stroud. Staff and their families lived there as well.
Alcatraz was also occupied by Indian tribes from 1969-1971, to protest federal Indian policies.
What kind of crimes would land someone in Alcatraz? It was a federal prison, so only federal crimes would apply. Al Capone served for tax evasion. Murder of a federal employee, such as a US Marshall or postal worker is a federal crime. Kidnapping is a federal crime.
Because of the way the US government is structured, authority over crime belongs to the states unless the Federal government passes specific legislation (police power). And Congress has to justify any legislation by its enumerated powers of the Constitution. So federal crimes usually apply to crimes against the federal government, or crimes involving multiple states.
The prison was closed in 1963, by order of Attorney General Robert F. Kennedy. Today, Alcatraz is a tourist attraction, part of the National Park Service.
Monday, August 10, 2009
August 10
On August 10, 1988, Ronald Reagan signed the Civil Liberties Act. This Act gave reparations to Japanese Americans who had been interned or relocated during World War II.
Internment camps were located in California, Arizona, Arkansas, Colorado, Wyoming, Utah, and Washington State. The Justice Department and the Army also had camps that housed Italian-Americans and German-Americans as well as Nissei. It was not isolated parts of the government involved with the internment; responsibility was scattered throughout the government.
Several of these camps were located on Indian land, for which the Indians were not compensated. This action was typical of how the federal government controlled Indian lands at that time.
The internments were based on executive orders that restricted people of certain ancestries from living in designated areas. Of course, these areas were large population centers, eventually encompassing most of the West Coast. The legality of applying this to natural born US citizens is dubious at best, under the Constitution and the 14th Amendment. A substantial number of the internees were natural citizens. Some have justified the internment under the Alien and Sedition Acts of 1798, but natural citizens are required to show a specific threat for the Acts to apply.
This came to the Supreme Court in Korematsu v United States. Korematsu challenged the legality of Order 9066, which allowed the exclusion zones. The Supreme Court upheld the internment, citing necessity. However, Korematsu is also notable for inventing the strict scrutiny standard, which is used in civil rights cases to this day.
Strict scrutiny means that the government needs to have a very good justification for discriminating against a given group. Rational basis review, on the other hand, just means that the government must have a reasonable justification for what they are doing. Strict scrutiny is very difficult to meet, and Korematsu was rare in meeting that standard.
Korematsu has never been explicitly overturned.
After WWII, some attempts at reparations for property were made, but based on theft, forced sales and destroyed IRS records, few were successful in collecting. The 1988 Act gave each internee $20,000.
Internment camps were located in California, Arizona, Arkansas, Colorado, Wyoming, Utah, and Washington State. The Justice Department and the Army also had camps that housed Italian-Americans and German-Americans as well as Nissei. It was not isolated parts of the government involved with the internment; responsibility was scattered throughout the government.
Several of these camps were located on Indian land, for which the Indians were not compensated. This action was typical of how the federal government controlled Indian lands at that time.
The internments were based on executive orders that restricted people of certain ancestries from living in designated areas. Of course, these areas were large population centers, eventually encompassing most of the West Coast. The legality of applying this to natural born US citizens is dubious at best, under the Constitution and the 14th Amendment. A substantial number of the internees were natural citizens. Some have justified the internment under the Alien and Sedition Acts of 1798, but natural citizens are required to show a specific threat for the Acts to apply.
This came to the Supreme Court in Korematsu v United States. Korematsu challenged the legality of Order 9066, which allowed the exclusion zones. The Supreme Court upheld the internment, citing necessity. However, Korematsu is also notable for inventing the strict scrutiny standard, which is used in civil rights cases to this day.
Strict scrutiny means that the government needs to have a very good justification for discriminating against a given group. Rational basis review, on the other hand, just means that the government must have a reasonable justification for what they are doing. Strict scrutiny is very difficult to meet, and Korematsu was rare in meeting that standard.
Korematsu has never been explicitly overturned.
After WWII, some attempts at reparations for property were made, but based on theft, forced sales and destroyed IRS records, few were successful in collecting. The 1988 Act gave each internee $20,000.
Sunday, August 9, 2009
August 9
On August 9, 1969, the Manson family committed the Sharon Tate murders.
Charles Manson initially wanted to act as his own lawyer; in legal terms, he was a pro se applicant. This is legal but strongly discouraged by those in the judicial system. There are very good reasons for this. The law is complicated and involves a lot of complicated procedure. Legal terminology is also very specific, and does not always have the same meaning to a layman.
Nonetheless, the US legal code allows it, as does the state Constitution of California. The defendant has to "knowingly and intelligently" forgo the right to counsel. (Faretta)
There are limits to what a pro se litigant can do, however. If a court determines a pro se is not compentent, the judge may impose counsel. This is partly to protect the defendant, but also to protect the court. The right to due process must still be met. Still, an applicant that insists on defending himself is assuming the risk.
Some courts provide a middle ground, where the applicant defends herself but is provided an attorney as a consultant.
Manson was appointed counsel before trial after being disruptive and submitting nonsensical mostions.
Many landmark cases have been won by pro se applicants. However, they are much more likely to lose.
Charles Manson initially wanted to act as his own lawyer; in legal terms, he was a pro se applicant. This is legal but strongly discouraged by those in the judicial system. There are very good reasons for this. The law is complicated and involves a lot of complicated procedure. Legal terminology is also very specific, and does not always have the same meaning to a layman.
Nonetheless, the US legal code allows it, as does the state Constitution of California. The defendant has to "knowingly and intelligently" forgo the right to counsel. (Faretta)
There are limits to what a pro se litigant can do, however. If a court determines a pro se is not compentent, the judge may impose counsel. This is partly to protect the defendant, but also to protect the court. The right to due process must still be met. Still, an applicant that insists on defending himself is assuming the risk.
Some courts provide a middle ground, where the applicant defends herself but is provided an attorney as a consultant.
Manson was appointed counsel before trial after being disruptive and submitting nonsensical mostions.
Many landmark cases have been won by pro se applicants. However, they are much more likely to lose.
Saturday, August 8, 2009
August 8
On August 8, 1974, Richard Nixon announced his resignation, effective August 9, 1974.
Nixon was facing impeachment hearings in the Senate, based on various charges from the Watergate break in and related incidents. According to the Constitution, a President may be removed for "treason, bribery, or other high crimes and misdemeanors". "High" in this context means against the state. Since the Watergate scandal was about manipulating elections, his crimes qualified.
The process of impeachment is complex. It begins in the House of Representatives, with a petition by a Member. It may also be asked for by a special prosecutor, by petition, or by other parties qualified to do so. This request then goes to (typically) the House Judiciary Committee. In the case of President Nixon, the Articles of Impeachment did come out of the Judiciary Committee. The charges were obstruction of justice, later followed by abuse of power and contempt of Congress. This occurred on July 27, 29 and 30th of 1974.
The next step is the charges are recommended to the full House and are voted on whether to proceed further. The charges are voted on individually and may be modified before passed on to the Senate. In Richard Nixon's case, he resigned before this process.
"Managers", elected by the House, present the case to the Senate. The Senate then votes on the Articles of Impeachment. Conviction requires a 2/3 majority. If the Senate decides guilty, the official is immediately removed from office. A President may not pardon an impeached individual. If the impeachment proceedings are of a President, the Chief Justice presides.
While Nixon resigned before the House vote, Bill Clinton did not. The House voted on Articles of Impeachment, only to have Clinton acquitted by the Senate. Likewise Andrew Jackson was impeached by the House, only to be acquitted by the Senate.
Nixon was facing impeachment hearings in the Senate, based on various charges from the Watergate break in and related incidents. According to the Constitution, a President may be removed for "treason, bribery, or other high crimes and misdemeanors". "High" in this context means against the state. Since the Watergate scandal was about manipulating elections, his crimes qualified.
The process of impeachment is complex. It begins in the House of Representatives, with a petition by a Member. It may also be asked for by a special prosecutor, by petition, or by other parties qualified to do so. This request then goes to (typically) the House Judiciary Committee. In the case of President Nixon, the Articles of Impeachment did come out of the Judiciary Committee. The charges were obstruction of justice, later followed by abuse of power and contempt of Congress. This occurred on July 27, 29 and 30th of 1974.
The next step is the charges are recommended to the full House and are voted on whether to proceed further. The charges are voted on individually and may be modified before passed on to the Senate. In Richard Nixon's case, he resigned before this process.
"Managers", elected by the House, present the case to the Senate. The Senate then votes on the Articles of Impeachment. Conviction requires a 2/3 majority. If the Senate decides guilty, the official is immediately removed from office. A President may not pardon an impeached individual. If the impeachment proceedings are of a President, the Chief Justice presides.
While Nixon resigned before the House vote, Bill Clinton did not. The House voted on Articles of Impeachment, only to have Clinton acquitted by the Senate. Likewise Andrew Jackson was impeached by the House, only to be acquitted by the Senate.
Friday, August 7, 2009
August 7
On August 7, 1958, Arthur Miller was cleared of contempt charges from the House Un-American Activities Committee hearings.
Starting in 1938, the House Un-American Activies Committee had been investigating Communists in America. Alger Hiss was investigated by HUAC. The HUAC hearings, run by the House, were independent of the Senator McCarthy hearings.
In 1947, HUAC starting investigating Hollywood figures, most notably the Hollywood Ten, who were screenwriters. Their number included Dalton Trumbo and Ring Lardner Jr. The Ten refused to testify, based on their Fifth Amendment rights. All were cited for contempt, and most of the Ten were unable to get work under their own names for decades.
A blacklist formed. Among the blacklisted was Paul Robeson and Lillian Hellman. A publication named Red Channels listed persons who were either Communist or sympathetic; Arthur Miller appeared. This blacklist was very effective. Many careers were ruined by supposed Communist sympathies. Almost all of the people on the list had not had any involvement with Communism in years, and at the time it had been legal.
People who wanted to work frequently were put into a position of having to inform on their friends, or at the very least make a public declaration disclaiming any Communist tendencies. Many Hollywood figures did, some more willingly than others.
Arthur Miller had cooperated with the Committee but refused to name names. He fought the contempt charges for two years, until the Court of Appeals squashed the charges. According to the Court, Miller had asked not to name names and the Committee had agreed to defer the question. This led Miller to believe the question settled so there was no contempt.
Miller's career was not one of the casualties of HUAC, although his friendship with Elia Kazan ended for ten years. Miller was one of the lucky ones. Many of those investigated died early or from alcoholism. Miller's play The Crucible was based upon the HUAC investigations.
Starting in 1938, the House Un-American Activies Committee had been investigating Communists in America. Alger Hiss was investigated by HUAC. The HUAC hearings, run by the House, were independent of the Senator McCarthy hearings.
In 1947, HUAC starting investigating Hollywood figures, most notably the Hollywood Ten, who were screenwriters. Their number included Dalton Trumbo and Ring Lardner Jr. The Ten refused to testify, based on their Fifth Amendment rights. All were cited for contempt, and most of the Ten were unable to get work under their own names for decades.
A blacklist formed. Among the blacklisted was Paul Robeson and Lillian Hellman. A publication named Red Channels listed persons who were either Communist or sympathetic; Arthur Miller appeared. This blacklist was very effective. Many careers were ruined by supposed Communist sympathies. Almost all of the people on the list had not had any involvement with Communism in years, and at the time it had been legal.
People who wanted to work frequently were put into a position of having to inform on their friends, or at the very least make a public declaration disclaiming any Communist tendencies. Many Hollywood figures did, some more willingly than others.
Arthur Miller had cooperated with the Committee but refused to name names. He fought the contempt charges for two years, until the Court of Appeals squashed the charges. According to the Court, Miller had asked not to name names and the Committee had agreed to defer the question. This led Miller to believe the question settled so there was no contempt.
Miller's career was not one of the casualties of HUAC, although his friendship with Elia Kazan ended for ten years. Miller was one of the lucky ones. Many of those investigated died early or from alcoholism. Miller's play The Crucible was based upon the HUAC investigations.
Thursday, August 6, 2009
August 6
On August 6, 1945, a nuclear bomb was detonated in Hiroshima. It was the first time a nuclear weapon had been used offensively.
Hiroshima had been targeted partly because it was a military center that had suffered little damage during the war and the number of rivers running through it made it a bad candidate for incendiary bombs.
As post-war US continued creating new and more effective bombs, the Soviet Union caught up in the arms race. The first nuclear treaty, the Partial Test Ban Treaty, was ratified by the US Senate in 1963. The difference between a treaty and an executive agreement is that the Senate ratifies a treaty. The effect on US law is the same, which is to say it becomes part of US law in accordance with the Constitution.
The Partial Test Ban Treaty in 1963 forbid all nuclear testing that was not underground. China, France and North Korea are the only known countries with known capability that have not signed the treaty.
This was followed by the Nuclear Non-Proliferation Treaty in 1968, also ratified by the US Senate. India, Israel, Pakistan and North Korea are not parties. North Korea had been, but withdrew in 2003.
This treaty allows development of nuclear power, but does not allow the development or manufacture of nuclear weapons.
As of 2009, the US has signed the Comprehensive Nuclear Test Ban Treaty, but not yet ratified it. This treaty would ban all nuclear testing, and create norms that would force non-signatories to comply with other nuclear treaties.
The damage done in Hiroshima and Nagasaki was considerable. It is estimated 30% of Hiroshima's population died on detonation. Deaths from radiation-caused cancers continued for decades. Japan does not have a nuclear weapons program and does not intend to.
Hiroshima had been targeted partly because it was a military center that had suffered little damage during the war and the number of rivers running through it made it a bad candidate for incendiary bombs.
As post-war US continued creating new and more effective bombs, the Soviet Union caught up in the arms race. The first nuclear treaty, the Partial Test Ban Treaty, was ratified by the US Senate in 1963. The difference between a treaty and an executive agreement is that the Senate ratifies a treaty. The effect on US law is the same, which is to say it becomes part of US law in accordance with the Constitution.
The Partial Test Ban Treaty in 1963 forbid all nuclear testing that was not underground. China, France and North Korea are the only known countries with known capability that have not signed the treaty.
This was followed by the Nuclear Non-Proliferation Treaty in 1968, also ratified by the US Senate. India, Israel, Pakistan and North Korea are not parties. North Korea had been, but withdrew in 2003.
This treaty allows development of nuclear power, but does not allow the development or manufacture of nuclear weapons.
As of 2009, the US has signed the Comprehensive Nuclear Test Ban Treaty, but not yet ratified it. This treaty would ban all nuclear testing, and create norms that would force non-signatories to comply with other nuclear treaties.
The damage done in Hiroshima and Nagasaki was considerable. It is estimated 30% of Hiroshima's population died on detonation. Deaths from radiation-caused cancers continued for decades. Japan does not have a nuclear weapons program and does not intend to.
Wednesday, August 5, 2009
August 5
On August 5, 1735, John Peter Zenger of the New York Weekly Journal was acquitted of seditious libel on the basis that the item was true.
Truth is still one of the most effective defenses for a libel suit. To be libel, a charge must be intentionally false, believable by the intended audience, a statement of fact (not opinion) and must cause actual harm. Slander is the same. The amount of intent required will depend on how famous the libelee is; a private citizen has the most protection. A public figure requires a showing of malice, and a politician has the least protection. It is almost impossible for a politician to win a libel suit.
The other major defense against libel is privilege. One version of this is satire, another is public good.
Zenger was targeted by the Governor of New York, who was tired of criticism. At the time, newspapers were by definition partisan. Remarkably, Zenger won his suit despite the fact the governor had handpicked the judges.
Truth is still one of the most effective defenses for a libel suit. To be libel, a charge must be intentionally false, believable by the intended audience, a statement of fact (not opinion) and must cause actual harm. Slander is the same. The amount of intent required will depend on how famous the libelee is; a private citizen has the most protection. A public figure requires a showing of malice, and a politician has the least protection. It is almost impossible for a politician to win a libel suit.
The other major defense against libel is privilege. One version of this is satire, another is public good.
Zenger was targeted by the Governor of New York, who was tired of criticism. At the time, newspapers were by definition partisan. Remarkably, Zenger won his suit despite the fact the governor had handpicked the judges.
Tuesday, August 4, 2009
August 4
On August 4, 1961, current US president Barack H. Obama was born in Honolulu, Hawai'i.
There are three requirements to become president, as set forth in the Constitution (Art II, Clause 5). An individual must be 35 years of age, a natural-born citizen of the US, and have lived 14 years in the US. A natural born citizen is one who was either born on US soil OR have two parents who are US citizens. The exact wording of the residency requirement is "been fourteen Years a Resident within the United States." As this section has not been challenged, it is uncertain whether the time need be consecutive or not.
Of course, an aspiring President would still need to meet the requirements of getting on the ballot of enough states to win the electoral college, but that is a different story.
Also on this date, the author of this blog was born.
There are three requirements to become president, as set forth in the Constitution (Art II, Clause 5). An individual must be 35 years of age, a natural-born citizen of the US, and have lived 14 years in the US. A natural born citizen is one who was either born on US soil OR have two parents who are US citizens. The exact wording of the residency requirement is "been fourteen Years a Resident within the United States." As this section has not been challenged, it is uncertain whether the time need be consecutive or not.
Of course, an aspiring President would still need to meet the requirements of getting on the ballot of enough states to win the electoral college, but that is a different story.
Also on this date, the author of this blog was born.
Monday, August 3, 2009
August 3
On August 3rd, 1948, Whittaker Chambers accused Alger Hiss of being a spy.
Alger Hiss had been employed by the Department of State. He had been a delegate at the Yalta Conference, involved with some foundations for the United Nations.
Whittaker Chambers was a former Communist and editor at Time Magazine. On August 3rd, he was testifying for the HUAC hearings. He claimed that Alger Hiss was also a communist, and they had worked together spying for the Soviet Union. Congressman Richard Nixon pressed for more investigation on the allegations, and was one of the committee that questioned Hess.
The FBI had suspicions about Hiss prior to this time, based on testimony from defectors.
Chambers later produced documents that Hiss had given to him that were passed on to the Soviet Union; the Baltimore Documents and then the Pumpkin Papers. Chambers admitted to perjury, which complicated the case. But the documents included notes in Hiss' handwriting. Despite this, Hiss had an impressive array of character witnesses, including a sitting Supreme Court judge.
Because of the statute of limitations, Hiss was only convicted of perjury, serving three years, eight months. His government career was over, his legal license revoked.
In 1996, the Verona Documents were released. These papers refer to a spy codenamed Ales, who many believe was Hiss.
While the Alger Hiss case remains in dispute for some, the majority opinion is that Alger Hiss was indeed spying for the Soviet Union.
Alger Hiss had been employed by the Department of State. He had been a delegate at the Yalta Conference, involved with some foundations for the United Nations.
Whittaker Chambers was a former Communist and editor at Time Magazine. On August 3rd, he was testifying for the HUAC hearings. He claimed that Alger Hiss was also a communist, and they had worked together spying for the Soviet Union. Congressman Richard Nixon pressed for more investigation on the allegations, and was one of the committee that questioned Hess.
The FBI had suspicions about Hiss prior to this time, based on testimony from defectors.
Chambers later produced documents that Hiss had given to him that were passed on to the Soviet Union; the Baltimore Documents and then the Pumpkin Papers. Chambers admitted to perjury, which complicated the case. But the documents included notes in Hiss' handwriting. Despite this, Hiss had an impressive array of character witnesses, including a sitting Supreme Court judge.
Because of the statute of limitations, Hiss was only convicted of perjury, serving three years, eight months. His government career was over, his legal license revoked.
In 1996, the Verona Documents were released. These papers refer to a spy codenamed Ales, who many believe was Hiss.
While the Alger Hiss case remains in dispute for some, the majority opinion is that Alger Hiss was indeed spying for the Soviet Union.
Sunday, August 2, 2009
August 2
On August 2nd, 1937, the Marihuana Tax Act was passed.
Taxing marijuana is not a new idea. In 1937, federal legislation did just that. The Act taxed cannabis and hemp sold commercially, at a rate of between $1-$24 per year, depending on how and why it was used. Vets paid a dollar, importers $24. It also imposed complicated regulations on handlers, subject to heavy fines. Very detailed records were to be kept, for example.
During WWII, farmers were encouraged to grow hemp as part of the war effort. Hemp would be largely replaced by nylon in later years.
The Act was repealed in 1970, since by then cannabis was a controlled substance and trying to pay taxes would only lead to jail time.
Taxing marijuana is not a new idea. In 1937, federal legislation did just that. The Act taxed cannabis and hemp sold commercially, at a rate of between $1-$24 per year, depending on how and why it was used. Vets paid a dollar, importers $24. It also imposed complicated regulations on handlers, subject to heavy fines. Very detailed records were to be kept, for example.
During WWII, farmers were encouraged to grow hemp as part of the war effort. Hemp would be largely replaced by nylon in later years.
The Act was repealed in 1970, since by then cannabis was a controlled substance and trying to pay taxes would only lead to jail time.
Saturday, August 1, 2009
August 1
On August 1, 2001, Alabama Supreme Court Justice Roy Moore installs a Ten Commandments plaque in the Alabama judiciary building.
In the 1990's, Justice Moore had put a wooden plaque with the Ten Commandments in his courtroom. He was also known to have the chaplain lead the court in prayer at the beginning of sessions (not atypical in Alabama). The ACLU asked for the plaque to come down, and the prayers to cease. The First Amendment of the Bill of Rights says that
The establishment part of the First Amendment has been a source of difficulty since the Bill of Rights was passed. Many people believe that the United States is at its base a Christian nation, and that the establishment of a religion is more about which branch of Christianity more than which deity. Others feel the First Amendment should be read on its face, that the government should not be in the business of promoting religion of any kind. There is also dispute on where no establishment of religion interferes with free exercise.
Courtrooms are problematic. Courts are a function of the government. Petitioners have a right to impartial treatment, and judgment based on the law, not religious beliefs. On the other hand, many courts still retain old traditions based on belief, such as swearing on a Bible and in some jurisdictions, prayers before court sessions.
Judge Moore's first case was thrown out on technical grounds. The next display, a plaque of over 5000 lbs of granite, was put up on August 1, 2001. Again, the ACLU sued on the Establishment Clause. There was testimony that many lawyers actively avoided the monument by avoiding the court building and that the monument had become a place for prayer.
The monument was removed by order of the 11th Circuit Court of Appeals for failing the Lemon test. The Lemon test is three pronged: the contested item or practice must have a legitimate secular purpose; the effect must not inhibit or advance religion; and must not excessively entangle the government with religion. This test has not been uniformly used or applied, but is the most commonly cited.
After resisting following the order to remove the monument, Justice Moore was removed by his state's Court of the Judiciary.
There was a Supreme Court case about a similar monument in Texas, Van Orden v Perry. In this Supreme Court case, the monument was held to be a legitimate tribute to Texas history, along with statues honoring the Alamo and Texas Women. The Court held the monument had a secular purpose in combating juvenile deliquency.
However, the same day, the Court also handed down McCreary County v. ACLU of Kentucky, which said courthouse displays of the Ten Commandments did violate the Establishment Clause. McCreary County had a display of "Foundational Documents" such as the Constitution. In this case, the Ten Commandments was considered to have no secular purpose.
The lines on the Establishment Clause are far from clear, even to the Supreme Court. The most common result in these circumstances is the case being thrown out on technical grounds, as in the case of Justice Moore.
In the 1990's, Justice Moore had put a wooden plaque with the Ten Commandments in his courtroom. He was also known to have the chaplain lead the court in prayer at the beginning of sessions (not atypical in Alabama). The ACLU asked for the plaque to come down, and the prayers to cease. The First Amendment of the Bill of Rights says that
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.
The establishment part of the First Amendment has been a source of difficulty since the Bill of Rights was passed. Many people believe that the United States is at its base a Christian nation, and that the establishment of a religion is more about which branch of Christianity more than which deity. Others feel the First Amendment should be read on its face, that the government should not be in the business of promoting religion of any kind. There is also dispute on where no establishment of religion interferes with free exercise.
Courtrooms are problematic. Courts are a function of the government. Petitioners have a right to impartial treatment, and judgment based on the law, not religious beliefs. On the other hand, many courts still retain old traditions based on belief, such as swearing on a Bible and in some jurisdictions, prayers before court sessions.
Judge Moore's first case was thrown out on technical grounds. The next display, a plaque of over 5000 lbs of granite, was put up on August 1, 2001. Again, the ACLU sued on the Establishment Clause. There was testimony that many lawyers actively avoided the monument by avoiding the court building and that the monument had become a place for prayer.
The monument was removed by order of the 11th Circuit Court of Appeals for failing the Lemon test. The Lemon test is three pronged: the contested item or practice must have a legitimate secular purpose; the effect must not inhibit or advance religion; and must not excessively entangle the government with religion. This test has not been uniformly used or applied, but is the most commonly cited.
After resisting following the order to remove the monument, Justice Moore was removed by his state's Court of the Judiciary.
There was a Supreme Court case about a similar monument in Texas, Van Orden v Perry. In this Supreme Court case, the monument was held to be a legitimate tribute to Texas history, along with statues honoring the Alamo and Texas Women. The Court held the monument had a secular purpose in combating juvenile deliquency.
However, the same day, the Court also handed down McCreary County v. ACLU of Kentucky, which said courthouse displays of the Ten Commandments did violate the Establishment Clause. McCreary County had a display of "Foundational Documents" such as the Constitution. In this case, the Ten Commandments was considered to have no secular purpose.
The lines on the Establishment Clause are far from clear, even to the Supreme Court. The most common result in these circumstances is the case being thrown out on technical grounds, as in the case of Justice Moore.
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