Constitutional Amendments and Key Societal Debates

Constitutional Amendments and Societal Issues

Historical Context of Constitutional Amendments

The period from $1992$ to the present has been the longest stretch without a constitutional amendment, second only to the aftermath of the Civil War.
After the Civil War, "Radical Republicans" in Congress aimed to prevent a repeat of the conflict by enshrining the constitutional rights of former slaves, now referred to as freedmen.

The Thirteenth Amendment

Purpose: Abolished slavery and involuntary servitude.
Historical Context (Film Reference): The movie Lincoln, directed by Steven Spielberg, depicts the process of passing the Thirteenth Amendment during the last weeks of President Lincoln's life.
Nationwide Abolition: While Lincoln's Emancipation Proclamation abolished slavery in Confederate territories, the Thirteenth Amendment was crucial because slavery was still legally sanctioned in some Northern states, including Delaware, New Jersey, Maryland, and Kentucky.
Prohibition of Uncompensated Labor: The amendment made it illegal to compel individuals to engage in uncompensated labor, effectively abolishing slavery.
Sole Exception: The only specific occasion where compelled, uncompensated labor is constitutionally permissible is as punishment for a crime, typically within the prison system (e.g., stamping license plates).
Post-Reconstruction Abuse (Peonage System):
- Many states, particularly in the South, instituted a system of peonage after reconstruction ended.
- Example: Young black men could be arrested for vagrancy (often without merit), sentenced to months or years, and forced to work on chain gangs building infrastructure like highways or roads.
- "Slavery Not Legally Slavery": Men who were formerly slaves were often rented out to their previous plantation owners by the state for minimal fees (e.g., to the state of Mississippi), creating a de facto form of servitude.

Modern Compensation for Prison Labor

Federal and state courts now mandate some level of compensation for prison labor, although it is not required to meet minimum wage standards.

Discussion on Minimum Wage

West Virginia Minimum Wage: Currently $\$8.75$ .
Federal Minimum Wage: It matches West Virginia's, having not been modified since February $2008$ .
State vs. Federal: States can set their minimum wage lower than the federal minimum, but employers must pay whichever of the two is higher.
Calls for Increase: There is an argument for raising the minimum wage, potentially by $\$1$ or $\$2$ .
Arguments Against Raising Minimum Wage / Potential Concerns:
- Inflation: Could contribute to increased inflation.
- Small Businesses: For small business owners operating on tight margins, a \$2 $/hour increase for 20 $employees would mean an additional$ \$40 $/hour ($ \$80 $/day for an 8-hour shift) or $\$80$ /hour, possibly impacting employee retention or hiring.
- Studies on Minimum Wage Hikes: Research indicates that businesses typically don't fire employees in response to a minimum wage increase.
 - Instead, employees are often assigned additional tasks, or companies refrain from replacing individuals who leave for a year or two after a wage hike.
- Value of Entry-Level Work: Questions whether $\$8.75$ is a "reasonable minimum wage for flipping burgers" or if such jobs are primarily for high schoolers "just learning some" skills.
- Impact on Consumer Prices: A \$15 $/hour minimum wage could lead to higher prices for goods and services (e.g., a Burger King Whopper costing \$10 $).</li></ul></li></ul><h4 id="43b21001-04ec-481a-9828-d5a7b1457f77" data-toc-id="43b21001-04ec-481a-9828-d5a7b1457f77" collapsed="false" seolevelmigrated="true">The Fourteenth Amendment</h4><ul><li>Core Components: Contains the Due Process Clause and the Equal Protection Clause.</li><li>Due Process Clause:<ul><li>Impact: Established a minimum, baseline standard of constitutional protection that every state must uphold.</li><li>Pre-Civil War vs. Post-Civil War: Before the Civil War, free speech standards varied widely by state (e.g., New York criminally prosecuted blasphemy, while Virginia did not).</li><li>Standardization: The Fourteenth Amendment "leveled it out," ensuring a consistent minimum threshold of constitutional rights across the nation (e.g., burning the American flag as free speech).</li><li>State Expansion: States are permitted to offer more expansive constitutional protections than the federal baseline, but they cannot go below it.</li></ul></li><li>Equal Protection Clause:<ul><li>Principle: Prohibits discrimination against individuals who are part of a "protected class" without a "compelling reason."</li><li>Traditional Protected Classes: Race, religion, national origin, ethnicity.</li><li>More Recent Additions/Debates: Gender, sexual orientation, genetic makeup (e.g., disability).</li><li>Justified Discrimination: Discrimination based on a protected class can be permissible but requires a "proven health" or compelling governmental interest.<ul><li>Distinction: This clause primarily applies to government actions, not private parties (e.g., a private dress shop owner refusing service is different from government discrimination).</li><li>Examples of Government-Justified Distinctions (Fairmont State - a state university):<ul><li>Separate Bathrooms: Justified by comfort and privacy (e.g., for men not to see "bloody peanuts" or women not to hear a "$ 60 $-year-old professor unloading his cold").</li><li>Gender-Specific Supplies: Providing tampons or pads in female bathrooms but not in male bathrooms.</li><li>Sports Participation (Title IX): Historically, states discriminated against female sports due to lower public demand. Laws like Title IX mandate equal funding, but gender-specific equipment (e.g., jockstraps for boys' baseball but not girls' softball) is a sensible distinction.</li></ul></li><li>Race-Based Justification (Rare):<ul><li>College Admissions: The Supreme Court recently ruled against using direct racial criteria in university admissions. Instead, applications now focus on individual experiences, such as experiencing racism.</li><li>Sickle Cell Anemia Case: The only Supreme Court-discussed instance where race-based discrimination was constitutionally justified involved testing for sickle cell anemia.<ul><li>Prevalence: Sickle cell anemia disproportionately affects the African American population ($ 98\% $of those with the disease are African American, followed by$ 1\% $Asian American, and$ 1\% a "hodgepodge of people"). It likely originated as a genetic response to malaria in Africa.
- Example: A school district in San Francisco that only tested African American students for sickle cell anemia was deemed justified because it is realistically the only demographic group that would suffer from it.

General Social Commentary & Observations

Public Restrooms: Often observed to be unhygienic in fast-food establishments. Women's restrooms are often dirtier than men's when they are neglected, despite women complaining more, which leads to better maintenance in some places. Examples include "bloody peanuts" and used tampons on walls.
Changing Tables in Men's Restrooms: While available in some places, they are typically found in a "pretty nasty" condition, with evidence of drug use or other unsanitary practices, making parents hesitant to use them.
Buc-ee's Gas Stations: Known for their extremely large size and numerous gas pumps (e.g., 100+ $pumps; the largest in Texas has$ 130 $or$ 140 $pumps). Often have dedicated highway exits. Praised for good brisket sandwiches.</li><li>Taco Bell: Mentioned for its price-point menu (e.g.,$ \$1, \$2, \$3 $menu), "stackers" (a quesadilla variant), Baja Blast soda, and the availability of alcohol in some locations (joking about the dire situation of drinking at Taco Bell at$ 11 $AM).</li></ul><h4 id="13e0f3c6-25f0-4446-881d-a189d57dcf9e" data-toc-id="13e0f3c6-25f0-4446-881d-a189d57dcf9e" collapsed="false" seolevelmigrated="true">The Fifteenth Amendment</h4><ul><li>Purpose: Grants the right to vote.</li><li>Relation to the Twenty-Sixth Amendment: Connects to the voting age amendment.</li><li>Voting Age Discussion:<ul><li>Historical Context: The voting age was historically$ 21 $.</li><li>Current Age: It is now$ 18 $.</li><li>Debate: Should it be lowered to$ 16 $(as in Takoma Park, Maryland)? The speaker believes$ 18 $is an appropriate age, typically when individuals are finishing high school.</li><li>Drinking Age Debate: A student suggests lowering the drinking age to$ 18 $. The speaker argues that voting age and drinking age are unrelated, citing reasons for age restrictions on activities like smoking (up to$ 21$$) and driving speed limits.

Drunk Driving (DUIs)

Personal Stance: The speaker considers DUIs to be one of the most selfish crimes, expressing no sympathy for offenders.
Personal Connection: The speaker's grandfather was killed by a drunk driver.
Proposed Penalties: Advocates for a mandatory jail sentence for a first-time DUI offense and immediate loss of license.
Justification: In the modern era, with readily available ride-sharing services (Uber), taxis, and cell phones to call for rides, there is no excuse for driving under the influence. Many police departments also offer safe-ride programs.