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Notes on video lecture:
The Progressive Amendments: 16, 17, 18, and 19
Choose from these words to fill the blanks below:
1920s, analysis, federal, optimism, incomes, women, federal, temporary, scientific, structural, 1920, judge, low, half, sex, embarrassing, out, states, opposite, good, 1895, unjustified, Progressive, Reconstruction, repeal, liquors, Constitution, bribe, people, political, states, alcoholic, good, slavery, each, bartenders, process, 17th, excluding, not, corruption
the                        Era Amendments
1890s to           
they are connected with a kind of                  about government and society
government can be improved following                      methods
good government can be a force for         
these amendments have interesting aspects of the amendment making process to teach us
constitutional design in general
our                          in particular
16th Amendment (1913)
"The Congress shall have power to lay and collect taxes on               , from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."
gives the Federal government the power to tax income
there had been federal income taxes before, but they were frequently                    ones
to pay for wars
rates were quite       : 2-3%
Supreme Court decision in          made it impossible to administer an income tax
therefore this explicit amendment was adopted
what can we learn from the 16th Amendment?
1. you have to pay your taxes
2. that power continues to move away from the              and to the federal government
this also happened when we moved from the Articles of Confederation to the Constitution
it happens again more dramatically with the                             
and it happens on a smaller scale more or less continuously
3. that the                government is going to have more money, and with that money comes power
the federal government does not have the right to tell              to pass certain laws, but if it has enough money, it can say to the states: if you want this money, pass this law, and the states usually will
this is no problem as long as the federal government continues to only make laws which should not be left to the states
what would make the federal government hold back from making laws which states should be deciding on?
we know that representatives to the federal government care about getting re-elected, so we will put the power to elect them in the hands of people who care about state interests: the people of the state, hence the          Amendment
17th Amendment
"The Senate of the United States shall be composed of two Senators from each State, elected by the              thereof."
the reason this Amendment was passed was to prevent                     :
it's harder to            all the voters of a state than to bribe the State legislature
18th Amendment: Prohibition
tells us something about non-                     Constitutional provisions
it tells us what kinds of provisions we should        put in the Constitution
"...the manufacture, sale, or transportation of intoxicating                within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited."
this seemed like a          idea at the time, but later Americans decided that they might want to have a drink
and then we needed another Amendment, the 21st, which came fourteen years later, to              prohibition
"The eighteenth article of amendment of the Constitution of the United States is hereby repealed."
so the whole episode was a little                         
it shows us the kind of Amendments we shouldn't have
Prohibition was a bad Amendment for two reasons:
1. we didn't need a                solution at all, his was an issue clearly within the realm of what States should be able to decide on
2. this was a very specific policy choice, we do have some of these kinds of amendments in the Constitution that have worked out but they tend to be the kinds of things everyone agrees on, very fundamental principles, no               , for instance, or no denying the right to vote on racial grounds
no                    drinks doesn't quite rise to that level
the 19th Amendment
ratified in         
"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on the account of       ."
this amendment teaches us something about how to make constitutional arguments
suppose that the 19th amendment has just be ratified and you are a           
there is a law that discriminates against           
e.g. that they can't be                     
how does the 19th Amendment affect your                  here
the interesting thing is that you can use the amendment to argue for either side
1. the 19th Amendment reflects a view that women are equal, their views count, too, and their                    opinion is as good as men's political opinion
and if they are equal, states shouldn't be able to discriminate against them by                    them from bartending
therefore the 19th Amendment means that law is unconstitutional
2. the 19th Amendment guarantees women the vote
women are more than          of the voting population
if this is a bad law, if it's                       , if it's harmful to women, then women can use their political power to get rid of it
therefore, this is an issue that judges should stay        of
one they should leave up to the political               
and the 19th Amendment means this law is constitutional
how is it that you can take the same constitutional provision and make arguments in                  directions?
the hard questions in constitutional law are hard because there are arguments on both sides
that's why they give us these great cases, where, usually, you have some Supreme Court justices on          side

Spelling Corrections:

admendmentamendment

Ideas and Concepts:

On the kinds of amendments not to put in the Constitution, via this morning's Key Constitutional Concepts course:

"The 18th Amendment passed in 1920 tells us something about non-structural Constitutional provisions and it tells us what kinds of provisions we should not put in the Constitution:

"...the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited."

This seemed like a good idea at the time, but later Americans decided that they might want to have a drink, and so we needed another Amendment, the 21st, which came fourteen years later, to repeal the 18th amendment:

"The eighteenth article of amendment of the Constitution of the United States is hereby repealed."

The whole episode was a little embarrassing and showed that the 18th Amendment to the Constitution was a bad idea for two reasons:

1. We didn't need a federal solution regarding the sale of alcoholic drinks at all, as this was clearly an issue within the jurisdiction of what States themselves.

2. This was a very specific policy choice and so does not belong in a constitution which describes a country's most fundamental laws. We do have some of these kinds of Amendments in the Constitution that have worked out, but they tend to be the kinds of things everyone has come to agree on, e.g. very fundamental principles such as no slavery, or no denying the right to vote on racial grounds. No alcoholic drinks doesn't quite rise to this level."
On how Constitutional amendments can be used to argue in opposite directions, via today's Key Constitutional Concepts course:

"The 19th Amendment, ratified in 1920, stated that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on the account of sex" which not only gave women the right to vote, but teaches us something about how to make constitutional arguments.

Suppose that the 19th amendment has just been ratified and you are a judge, and you are ruling over a court case regarding a law that discriminates against women, e.g. that women can't be bartenders. How does the 19th Amendment affect your analysis of this case?

The interesting aspect of this amendment is that it could be used to argue either side of this case:

1. The 19th Amendment reflects a view that women are equal, i.e. that their views count as well, and their political opinion is as valid as men's political opinion. And if women's opinions are equal, then states shouldn't be able to discriminate against them by excluding them from bartending, therefore the 19th Amendment means that this law is unconstitutional.

2. The 19th Amendment guarantees women the right to vote and women are more than half of the voting population. If this is a bad law, if it's unjustified, if it's harmful to women, then women can use their political power to get rid of it. Therefore, this is an issue that judges should stay out of, one they should leave up to the political voting process, and so the 19th Amendment means this law is constitutional.

How is it that you can take the same constitutional provision and make arguments in opposite directions? The fact is that the hard questions in constitutional law are hard because there are arguments on both sides. That's why they give us these great cases, where, usually, you have some Supreme Court justices on each side."
Why We Needed a Constitution
Creating the Constitution
Structural, Backward-Looking, and Forward-Looking Provisions
Article I: The Legislative Branch
Article II: The Executive Branch
Article III: The Judicial Branch
The Bill of Rights
The Progressive Amendments: 16, 17, 18, and 19
Freedom of Speech
The Supreme Court and the Free Exercise of Religion Clause
The Establishment Clause
The Fourth Amendment: Protection from Unreasonable Search and Seizure
The Fifth Amendment and the Miranda Warning
The Sixth Amendment