Changes

For example, the Salem Witch Trials in 1692, in which about 20 were executed for allegedly being witches (a term that included men and women), are difficult to understand from a strictly legal perspective.  But when the politics of the town are explained, then the bizarre episode is not so mysterious.  Poor people in the town, who sat on the juries, were resentful of some of the accused wealthier defendants.  The accusations and trials became a form of class struggle.

For example, the Salem Witch Trials in 1692, in which about 20 were executed for allegedly being witches (a term that included men and women), are difficult to understand from a strictly legal perspective.  But when the politics of the town are explained, then the bizarre episode is not so mysterious.  Poor people in the town, who sat on the juries, were resentful of some of the accused wealthier defendants.  The accusations and trials became a form of class struggle.

Similarly, the acquittal of O.J. Simpson of murdering his ex-wife is surprising if one looks only at the mountain of evidence that was presented against him.  It requires an appreciation of the racial politics of the Los Angeles area, dating back to the Rodney King incident, to understand why a nearly entirely African American jury acquitted the African American celebrity O.J. Simpson against charges presented primarily by a white prosecutor based on testimony by white police officers.

Similarly, the acquittal of African American celebrity O.J. Simpson of murdering his white ex-wife is surprising if one looks only at the mountain of evidence that was presented against him.  It requires recognizing the tense racial politics of the Los Angeles area, including the Rodney King incident and the subsequent race riots, to understand why an almost entirely African American jury acquitted O.J. Simpson against charges presented primarily by a white prosecutor based on testimony by white police officers.

Politics extends even to fast food.  The president of Chick-fil-A spoke out in defense of traditional marriage, and soon that fast-food chain was focus of a political dispute.  Many went there in support of its position, while others said they would no longer go there.  One executive filmed an abusive tirade that he unleashed on a Chick-fil-A employee due to the politics, and then that executive was fired from job after his video "went viral" on the internet (was widely seen and talked about).

Politics extends even to fast food.  The president of Chick-fil-A spoke out in defense of traditional marriage, and soon afterward the fast-food chain was the focus of a political dispute.  Many went there in support of its position, while others said they would no longer go there.  One executive filmed an abusive tirade that he unleashed on a Chick-fil-A employee due to the politics, and then that executive himself was fired from his job after his video "went viral" on the internet (was widely seen and talked about).

Even sports, which is supposed to be based entirely on skill, is influenced by politics.  A Greek Olympic athlete was excluded from competing for her team because of a political joke she made on Twitter, despite how she had trained for years and qualified to compete in the 2012 Summer Olympics.  As another example, how much the outspoken Christian Tim Tebow plays in games for the New York Jets has become a massive political issue in the New York area.  In Sunday's game between the Jets and Steelers, Tim Tebow was abruptly pulled out of the game despite doing better than the other quarterback.  The Jets then lost 27-10 without Tebow being allowed to throw a single pass, to a team that Tebow had defeated 8 months earlier.  The Jets coach was surprised at a "press conference" (an invitation to the media to ask questions and obtain answers) when the media, which has been generally hostile to Tebow because of his political views, demanded that the coach explain why he pulled Tebow out of the game so quickly.  This illustrated how fickle the media can be - don't expect the media to be friendly.

Even sports, which is supposed to be based entirely on skill, is influenced by politics.  A Greek Olympic athlete was excluded from competing for her team because of a political joke she made on Twitter, despite how she had trained for years and qualified to compete in the 2012 Summer Olympics.  As another example, how much the outspoken Christian Tim Tebow plays in games for the New York Jets has become a political issue in the New York area.  In last Sunday's game between the Jets and Steelers, Tim Tebow was abruptly pulled out of the game despite doing better than the other quarterback.  The Jets then lost 27-10 without Tebow being allowed to throw a single pass, to a team that Tebow had defeated 8 months earlier.  The Jets coach was surprised at a subsequent "press conference" (an invitation to the media to ask questions and obtain answers) when the media, which has been generally hostile to Tebow because of his political views, demanded that the coach explain why he pulled Tebow out of the game so quickly.  This illustrated how fickle the media can be - don't expect the media to be friendly.

Participation by nations in the Olympics is also subject to politics.  In 1980, President Jimmy Carter insisted that the United States boycott and not participate in the Summer Olympics in protest over the invasion of the communist Soviet Union by Afghanistan, because those Olympic Games were being held in Moscow.  Predictably, the Soviet Union then retaliated by boycotting the 1984 Summer Olympics, because that year the Olympics were held in Los Angeles.

Participation by nations in the Olympics is also subject to politics.  In 1980, President Jimmy Carter insisted that the United States boycott and not participate in the Summer Olympics in protest over the invasion of the communist Soviet Union by Afghanistan, because those Olympic Games were being held in Moscow.  Predictably, the Soviet Union then retaliated by boycotting the 1984 Summer Olympics, because that year the Olympics were held in Los Angeles.

Television did not exist in 1787, but the Framers at the Constitutional Convention knew then how powerful and harmful the media can be.  They agreed to keep the deliberations and details about the U.S. Constitution secret until it was finally completed.  When the Framers finished their work and left Independence Hall for the last time, someone noticed Benjamin Franklin leaving the building and asked him whether the Framers gave us a monarchy or a republic.    Benjamin Franklin responded, "a republic, '''''if you can keep it'''''."<ref>http://www.bartleby.com/73/1593.html</ref>  The struggle for the values on which the United States was founded is ongoing and never-ending.

Television did not exist in 1787, but the Framers at the Constitutional Convention knew then how powerful and harmful the media can be.  They agreed to keep the deliberations and details about the U.S. Constitution secret until it was finally completed.  When the Framers finished their work and left Independence Hall for the last time, someone noticed Benjamin Franklin leaving the building and asked him whether the Framers gave us a monarchy or a republic.    Benjamin Franklin responded, "a republic, '''''if you can keep it'''''."<ref>http://www.bartleby.com/73/1593.html</ref>  The struggle for the values on which the United States was founded is ongoing and never-ending.

To defend the Constitution effectively, it is important to recognize how powerful the media are and how political nearly everything is.  No should expect legislators and elected government officials to "do what's right"; elected government officials are going to "do what helps them get reelected," and avoid doing anything that might cause him to be defeated.  Presidents, for example, have a constitutional right to pardon unjustly convicted or unjustly published criminal defendants, but grant pardons infrequently because they can be hurtful politically.  An exception is when the president is about to leave office, as President Clinton was in January 2001, when he granted many dozens of pardons in his final few hours in office ... to many of his political supporters!

To defend the Constitution effectively, it is important to recognize how powerful the media are and how political nearly everything is.  No should expect legislators and elected government officials to "do what's right"; elected government officials are going to "do what helps them get reelected," and avoid doing anything that might cause them to be defeated.  Presidents, for example, have a constitutional right to pardon unjustly convicted or unjustly published criminal defendants, but grant pardons infrequently because they can be hurtful politically.  An exception is when the president is about to leave office, as Democratic President Clinton was in January 2001, when he granted dozens of pardons in his final few hours in office ... to many of his political supporters!

Governor Chris Christie commuted (ended) a 7-year prison sentence for Brian Aitken, who received that harsh punishment merely for possessing a gun in the trunk of his car has he moved here.  After there was publicity and attention from politically powerful Second Amendment groups (the Second Amendment protects the right to keep and bear arms - guns) about this injustice, NJ Governor Chris Christie commuted his sentence and ordered his release from jail.  But where there are not powerful political groups on the side of the unjustly punished, pardons and commutations of sentences are very rare, despite being authorized by the federal and state constitutions.

Governor Chris Christie commuted (ended) a 7-year prison sentence for Brian Aitken, who received that harsh punishment merely for possessing a gun in the trunk of his car as he moved to New Jersey.  After there was publicity and attention from politically powerful Second Amendment groups (the Second Amendment protects the right to keep and bear arms - guns) about this injustice, NJ Governor Chris Christie commuted Aitken's sentence and ordered his release from jail.  But where there are not powerful political groups on the side of the unjustly punished, pardons and commutations of sentences are very rare, despite being authorized by the federal and state constitutions.

== Articles of Confederation ==

== Articles of Confederation ==

The U.S. Constitution replaced the Articles of Confederation, which were unsuccessful in uniting the colonies after the American Revolution.  The Articles of Confederation, which did create the United States, had these defects:

The U.S. Constitution replaced the Articles of Confederation, which were unsuccessful in fully uniting the colonies after the American Revolution.  The Articles of Confederation, which did create the United States, had these defects:

*no president with the modern powers of the office

*no president

*no national court system

*no national court system

*no limits on states taxing goods received from businesses in other states (interstate commerce)

*no limits on states taxing goods received from businesses in other states (interstate commerce)

*no practical way to amend the document (unanimous consent, which is very difficult to achieve, was required)

*no practical way to amend the document (unanimous consent, which is very difficult to achieve, was required)

*no way for Congress to raise money except by voluntary donations by the states

*no way for Congress to raise money except by voluntary donations by the states

*no way to stop states having ports, like Rhode Island, from taxing imports

*no way to stop states that have major ports, such as Rhode Island, from taxing imports

*no way to put down rebellions, like Shay's Rebellion

*no way to put down rebellions, such as Shay's Rebellion

The Articles of Confederation, were '''''too weak''''' to be successful.  During the 1780s when the Articles of Confederation were in place, only two laws of significance passed: the Land Ordinance of 1785 (an successful law for selling government land at an expensive price to the public)<ref>http://www.in.gov/history/2478.htm</ref> and the Northwest Ordinance of 1787 (a successful law that established rules for settling and forming states of the territory northwest to the colonies, resulting in the eventual formation of Ohio, Indiana, Illinois, Michigan, and Wisconsin).  Query: how many of the states in the northwest territory are "swing states" in the upcoming presidential election?

The Articles of Confederation were '''''too weak''''' to be successful.  During the 1780s when the Articles of Confederation were in place, only two laws of significance passed: the Land Ordinance of 1785 (an successful law for selling government land at an expensive price to the public)<ref>http://www.in.gov/history/2478.htm</ref> and the Northwest Ordinance of 1787 (an unsuccessful law that established rules for settling and forming states in the territory northwest to the colonies, resulting in the eventual formation of Ohio, Indiana, Illinois, Michigan, and Wisconsin).  Query: how many of the states in the northwest territory are "swing states" in the upcoming presidential election?

=== Schooling ===

=== Schooling ===

The different sections of the newly formed United States had very different approaches to schooling children.  In Puritan New England, public schools were established and attendance was compulsory '''''as a way of trying to combat evil and promote good'''''.  Those public schools were very Christian, unlike public schools today.  In contrast, the southern colonies had almost no compulsory schooling, and the farms relied on the apprentice system, much as Amish communities in Pennsylvania and Ohio do today.  In the middle colonies (now states), such as Maryland, there were many religious schools.

The different sections of the newly formed United States had very different approaches to schooling children.  In Puritan New England, public schools were established and attendance was compulsory '''''as a way of trying to combat evil and promote good'''''.  Those public schools were very Christian, unlike public schools today.  Meanwhile, the southern colonies had almost no compulsory schooling, and the farms relied on the apprentice system, much as Amish communities in Pennsylvania and Ohio do today.  In the middle colonies, such as Maryland, there were many religious schools.

The Land Ordinance of 1785 was enacted under the Articles of Confederation (before the U.S. Constitution was written and ratified), and it required new townships to set aside land for public schools.

The Land Ordinance of 1785 was enacted under the Articles of Confederation (before the U.S. Constitution was written and ratified), and it required new townships to set aside land for public schools.

Congress has amended this law many times over the 223 years since it was first passed, but the basic structure of the federal court system remains largely the same.

Congress has amended this law many times over the 223 years since it was first passed, but the basic structure of the federal court system remains largely the same.

The basic structure of the federal judiciary is three levels:

The federal judiciary has three levels:

*U.S. Supreme Court

*U.S. Supreme Court

*U.S. District Courts

*U.S. District Courts

A typical case begins at the local district court level, then goes on appeal to the Court of Appeals that supervises that district court.  After the Court of Appeals renders a decision, the losing party can petition the U.S. Supreme Court for its review of the decision.  The U.S. Supreme Court accepts only 1% of the requests for it to review case, and it renders about 75 decisions a year out of tens of thousands of decisions rendered by the other federal courts each year.

A typical case begins at the local district court level, and then goes on appeal to the Court of Appeals that supervises that district court.  After the Court of Appeals renders a decision, the losing party can petition the U.S. Supreme Court for its review of the decision.  The U.S. Supreme Court accepts only 1% of the requests for it to review case, and it renders only about 75 decisions a year out of tens of thousands of decisions rendered by the other federal courts each year.

In federal court, the plaintiff must have legal "standing" or else the case will be dismissed.  That is, the plaintiff must suffer an individual harm caused by the defendant, and the court must be able to grant relief that would redress that harm.  Federal courts are courts of '''''limited jurisdiction''''', which means that a plaintiff must prove that his case belongs in federal court, or else it will be dismissed.  Further, under the Constitution, federal courts can only decide actual cases and controversies; they cannot issue advisory opinions.

In federal court, the plaintiff must have legal "standing" or else the case will be dismissed.  That is, the plaintiff must suffer an individual harm caused by the defendant, and the court must be able to grant relief that would redress that harm.  Federal courts are courts of '''''limited jurisdiction''''', which means that a plaintiff must first prove that his case belongs in federal court.  Further, under the Constitution, federal courts can only decide actual cases and controversies; they cannot issue advisory opinions.

Valid reasons for suing in federal court include lawsuits based on rights guaranteed by the U.S. Constitution or federal statutes (including federal prosecutions of crimes).  Legal standing also exists in federal court if the amount in dispute is substantial (more than $75,000) and the controversy is between citizens of different states ("diversity jurisdiction").<ref>28 USC § 1332(a).</ref>  Most other cases, including the prosecution of most crimes ("criminal cases") and most disputes between individuals ("civil cases"), are handled in state courts.

Valid reasons for suing in federal court include lawsuits based on rights guaranteed by the U.S. Constitution or federal statutes (including federal prosecutions of crimes).  Legal standing also exists in federal court if the amount in dispute is substantial (more than $75,000) and the controversy is between citizens of different states ("diversity jurisdiction").<ref>28 USC § 1332(a).</ref>  Most other cases, including the prosecution of most crimes ("criminal cases") and most disputes between individuals ("civil cases"), are handled in state courts.