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Justice is the end of government. It is the end of civil society

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Presentation on theme: "Justice is the end of government. It is the end of civil society"— Presentation transcript:

1 Justice is the end of government. It is the end of civil society
Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or liberty is lost in the pursuit. -James Madison Federalist 51*

2 Stressing historical empathy, determine what does Madison means by "justice." How is justice different than other values such as equality? How is justice "the end of government?" What does Madison mean by pursuing justice until it is achieved or until liberty is lost? How do / have groups attempt to achieve "justice" from the US Government?

3 Article V The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

4 Amendment XIII (Proposed by Congress: January 31, 1865; Ratified: December 6, 1865)
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 anyplace subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation.

5 Amendment XIV (Proposed by Congress: June 13, 1866; Ratified: July 9, 1868)
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. Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state. Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

6 Amendment XV (Proposed by Congress: February 26, 1869; Ratified February 3, 1870)
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 power to enforce this article by appropriate legislation Amendment XIX (Proposed by Congress: June 4, 1919; Ratified: August 18, 1920) 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. Amendment XXIV (Proposed by Congress: September 14, 1962; Ratified: January 24, 1962) Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax. Section 2. The Congress shall have power to enforce this article by appropriate legislation. Amendment XXVI (Proposed by Congress: March 23,1971; Ratified: July 1,1971) Section 1. The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age. Section 2. The Congress shall have the power to enforce this article by appropriate legislation.

7 Original Equal Rights Amendment, introduced in Congress in 1923, written by Alice Paul:
•Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction. •Congress shall have power to enforce this article by appropriate legislation. Equal Rights Amendment, introduced in Congress in 1972 Section 1. Equality of Rights under the law shall not be denied or abridged by the United States or any state on account of sex. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Section 3. This amendment shall take effect two years after the date of ratification.

8 1. Analyze each proposed amendment – use document analysis sheet
2. Discuss why the language differences? What effect would a change in language have? 3. Why nearly a 50-year gap before it passes Congress and goes to the states? 4. Who would oppose such an amendment? Why? Who would favor such an amendment? Why? 5. How is the ERA different / similar to the other amendments? 6. Based on Madison's quote, discuss how this proposed amendment would help promote "justice."

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10 Title IX, Education Amendments of 1972
(Title 20 U.S.C. Sections ) -- Section Sex (a) Prohibition against discrimination; exceptions. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that: (1) Classes of educational institutions subject to prohibition in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education; (2) Educational institutions commencing planned change in admissions in regard to admissions to educational institutions, this section shall not apply (A) for one year from June 23, 1972, nor for six years after June 23, 1972, in the case of an educational institution which has begun the process of changing from being an institution which admits only students of one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education or (B) for seven years from the date an educational institution begins the process of changing from being an institution which admists only students of one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education, whichever is the later;


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