Political Background to American Culture: Discussion Response

I enjoyed the class discussion today (though I noted privately that though the male:female ratio was 2:9, the comments were about 1:1 male:female...... for months I've been collecting data like that. Just interesting, I think, that men are much more likely to comment and make their voices heard. Could be personality, could be taught, probably a combination of both. I probably made about half of the comments from women. oopsie.)

Nevertheless, there were some good comments made and I look forward to further discussions. The overall turn of the discussion seemed to move towards the relevancy of the Constitution and other Founding documents today... with the consensus being, we will always disagree. We even talked about how disagreement is often how we define ourselves, our boundaries, our beliefs. Opposition shapes us. We also touched on how people on either side of an issue can use the same evidences to support their position, and how many people have rarely (if ever) read documents like the Constitution or Declaration of Independence. Much of our information today is hearsay, passed along through the internet and social media.

And, of course, we touched on the irony of America being founded on radical rebellion against established government, yet now being quick to stamp down similar rebellions. We've clearly moved away from at least a few of our founding values, but is this a good thing or a bad thing? The answer depends on the individual. The dangers of labels like "liberal" or "conservative" were discussed, since so often this depends on context and individual.

One point that I especially liked was to consider how those in marginalized groups might have felt listening to the Gettysburg Address, hearing words like "conceived in liberty, and dedicated to the proposition that all men are created equal" while still feeling the reality that life is America is not always this way for all people. It took decades for minority groups to be fully recognized as people, and many marginalized groups are still struggling with full acceptance and equality. It was just a good reminder to consider the feelings of others, how they might have felt at the time. :)

The Founding Fathers Provide a Political Preface for Modern American Culture

Declaration of Independence (opening paragraphs)

America was founded on the idea that if you don't like something, you change it. If you're unhappy, you say something. No one has to take crap from anyone. "Liberty and justice for all" are American ideals, even if they're not fully realized. I just love the Declaration of Independence because it's so well-written and formal but also so in your face and like teenager declaring their independence. So gutsy.

"A decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation" In other words, articulate your issues. 

Governments are instituted to secure individual rights, and derive their power from the consent of the governed.

"Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

I find it interesting that this is the ideal upon which America began, yet nowadays people seem to take great offense to people trying to alter or abolish government and ask citizen to place their faith in the system.

"Governments long established should not be changed for light and transient causes."

"Mankind are more disposed to suffer... than to right themselves by abolishing the forms to which they are accustomed." Too true.

"But when a long train of abuses and usurpations... evinces [reveals] a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security." 

Leave it to Americans to define their rights & duties. The Declaration of Independence was the first document of its kind. As David Armitage said, "The American Revolution was the first outbreak of the contagion of sovereignty." Sovereignty is an interesting idea to me.

Preamble to the Constitution of the United States of America

Purposes of the constitution:

• form a more perfect Union, 
• establish Justice, 
• insure domestic Tranquility, 
• provide for the common defence, 
• promote the general Welfare, 
• secure the Blessings of Liberty to ourselves and our Posterity,

Bill of Rights (Amendments I–X)

I'm realizing now that I can't remember actually reading the Bill of Rights; I don't think most Americans have. We just know "freedom of religion! free speech! right to bear arms!"

I'm going to test myself on the bill of rights... I think we had to memorize them for senior year government, but that's been about 5 years. Without looking, this is what I think they are:

freedom of religion
right to bear arms
free speech
something about cruel & unusual punishment (i think that's 7)
.... stop & seizure? (5? 4?)
right to remain silent??? (i plead the 5th?)
and yeah i have no idea what the rest of them are.

First Amendment: "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."
1) I didn't know freedom of speech & freedom of religion were the same amendment
2) I'm pretty sure people think "separation of church and state" is in the Bill of Rights / Constitution when really I'm pretty sure it's just in a letter from Thomas Jefferson or something
3) What it ACTUALLY says is "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." I feel like this is little-known knowledge. And also very open to interpretation. Congress shall not establish an official state religion? Congress shall not make any laws regarding religion at all?
4) It reminds me of Elder Oaks' talk in the LDS General Conference, Oct. 2014:

In dedicated spaces, like temples, houses of worship, and our own homes, we should teach the truth and the commandments plainly and thoroughly as we understand them... Our right to do so is protected by constitutional guarantees of freedom of speech and religion, as well as by the privacy that is honored even in countries without formal constitutional guarantees.
In public, what religious persons say and do involves other considerations. The free exercise of religion covers most public actions, but it is subject to qualifications necessary to accommodate the beliefs and practices of others. Laws can prohibit behavior that is generally recognized as wrong or unacceptable, like sexual exploitation, violence, or terrorist behavior, even when done by extremists in the name of religion. Less grievous behaviors, even though unacceptable to some believers, may simply need to be endured if legalized by what a Book of Mormon prophet called “the voice of the people.”

5) I'm also reminded of this post I saw on tumblr once about asking George Washington what he thinks about contemporary public policy and how ridiculous that is because of how much the world has changed since then. [warning: language]

Second Amendment: "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."

Well, this is the one that really got me thinking about this tumblr post and how ridiculous it is to expect the founding fathers from the 1700's to have the final say about contemporary policy. 

I know it's Mormon tradition that the Constitution is inspired, but first of all this is an amendment, not the constiution itself.... and secondly I'm more inclinded to lean towards the principles being inspired, not every single word and policy. So, spoiler alert, yes I am pro-gun regulation. Even though the second amendments says the right of the people to keep and bear arms "shall not be infringed," and I know a lot of people who thinks that means "there should be no gun restrictions ever," I disagree. Sure, keep your guns, whatever, but I think there should be regulation. Especially when people I know are getting hurt. Anyways, it's a really long discussion and I'm not that well-informed, but I think just pointing to the second amendment and yelling about your rights is silly. Sorry. Also I'm confused by the grammar and why we're talking about a well-regulated Militia. Oh I'm also not a huge fan of having a gigantic military. But again, it's a subject I'm not very well-informed on. I have a personal aversion towards guns and violence that gives me a bias. Mostly I'm opposed to big government trying to make the same laws work in Seattle and Wyoming. America is too big & too diverse. It won't work. 

Third Amendment: 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.

Oh yes. I forgot this one. Not super relevant today I feel but good nonetheless. Good for the early Americans for prohibiting the things that bugged them. 

Fourth Amendment: 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.

Search and seizure! I was (basically) right! I've heard a bit of buzz about this one lately with police officers not identifying themselves and whatnot but I don't know enough to have an opinion. Everything I know about the law basically comes from watching Castle and White Collar, so. 

Basically I'm feeling a big independence drive with the past few amendments. Pressing on...

Fifth Amendment: No person shall be held to answer for a 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.

Oooohh indictment of a Grand Jury! Now this I've heard a lot about. Due process of law = A++. Just so long as there really is due process.

Sixth Amendment: 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 wherein 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 defence.

I think it's pretty tricky to get a truly impartial jury, because I think there's a lot of internalized prejudice in the American psyche, but it's still a good principle.

Seventh Amendment: 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.

... okay. 

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

Good one. Also, while we're getting to know each other (or rather, you getting to know me) I'm opposed to torture.

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

So basically you can't use one right to deny other people rights. Also a good one. 

Tenth Amendment: 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.

Aahhh I remember talking about this one in high school government. And it kind of goes back to what I was saying earlier about America being too big and diverse to have big, nation-wide government. I think things work better when the government is closer to the actual situation and knows the actual needs of the specific people. I get the need for unification of America, and for a few broad, sweeping laws, etc, but I'm still very much in favor of small government. I think (hope) it's more effective that way. But it's also true that the world is changing and becoming smaller and state lines are crossed more often and even nationalism is fading to a more globalized world. We'll see what happens I guess. Anyways I think it's interesting to remember that especially before the Civil War America saw itself first and foremost as a collection of states, not a nation composed of states. That has certainly changed in the past few hundred years.

Amendments XIII, IV (sec 1), XV, XVI, XVIII (sec 1), XIX, XXI, XXII, XXIV, XXVI,

Thirteenth Amendment: 

Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.
Congress shall have power to enforce this article by appropriate legislation.

I think it's interesting that slavery was still allowed as a form of punishment. 

Fourteenth Amendment: 

Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

I think this one is interesting in the light of immigration laws and "anchor babies," etc. Something I'm sure wasn't foreseen by this amendment intended to eradicate slavery. Also equal protection of the laws is important.

Fifteenth Amendment:
Section 1.
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 account of race, color, or previous condition of servitude--

Section 2.
The Congress shall have the power to enforce this article by appropriate legislation.

I'm proud of myself for remembering that 13, 14, & 15 have to do with slavery.

Also I think it's interesting that later amendments can modify previous ones. It kind of goes in line with the LDS theology of continuing revelation. And it just goes to show that the Constitution was never meant to be inflexible or unchanging.

Sixteenth Amendment: The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. [Article I, section 9, of the Constitution was modified by amendment 16.]

Eighteenth Amendment: After one year from the ratification of this article 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.

Ahh, Prohibition. That great failed experiment in legalizing morality, hereafter always referred to and compared to every effort since.

Nineteenth Amendment:
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 account of sex.

Congress shall have power to enforce this article by appropriate legislation.

BLESS THIS AMENDMENT. Also, I think it's interesting that race was addressed before gender. And that women have been legally allowed to vote for less than 100 years.

Twenty-first Amendment:
Section 1.
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2.
The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

I just think that first section is kind of awkward haha. And I don't really understand the rest. All I know is that I can buy liquor in a grocery store now.

Twenty-second Amendment is the one about President's not being able to serve more than twice.

Twenty-fourth Amendment protects everyone's right to vote in federal elections even if you haven't paid a poll tax or any other tax.

Side note, I like the little addendum in a lot of these amendments that "The Congress shall have power to enforce this article by appropriate legislation." Like, we're not kidding, y'all. We're gonna enforce this by LAW.

Twenty-sixth Amendment is the one that allows everyone over 18 to vote. Which makes sense, if we're old enough for the draft, we're old enough to vote on public policy.

Gettysburg Address

President Lincoln begins his address by calling us "a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal."

It's very American, especially myth-and-symbol-school American to believe that we are a "new nation." Which, I mean, we are, in a lot of ways. America was first to do a lot of things, first to become a lot of things. It's just a very "American" way of thinking :)

I'm kind of torn up about the Gettsysburg Address because I do admire Lincoln so much and think he was a great man and a great president who did great things, but I also can't help but rhetorically analyze this speech and kind of tear it apart a bit..... Of course, I'm looking back with 150 years of history and change, so I'll never be able to fully understand it in the context it was written and given in. But when I read, "Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived, and so dedicated, can long endure" I'm like, well, that wasn't REALLY what the Civil War was about... but I see where you're comin' from, Abe. I suppose critiquing leaders is another "American" thing. :)

"We cannot dedicate, we cannot consecrate—we cannot hallow—this ground. The brave men, living and dead, who struggled here, have consecrated it far above our poor power to add or detract."

The Gettysburg address really is beautiful, though. 

"It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us—that from these honored dead we take increased devotion to that cause for which they here gave the last full measure of devotion—that we here highly resolve that these dead shall not have died in vain—that this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth." 

This is also a very American idea - that we can improve our nation, and that we have a duty and a responsibility to do so. It's a very moving address :) 

Introduction

Since I don't like writing papers, but I do like blogging (go figure), I've chosen to use this blog as a way of keeping up with required responses for my American Culture class this semester. You're welcome to follow along & share your ideas as well! :)