america’s founding documents john m. sacher university of central florida [email protected]
TRANSCRIPT
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America’s Founding America’s Founding DocumentsDocuments
John M. SacherJohn M. SacherUniversity of Central FloridaUniversity of Central [email protected]@mail.ucf.edu
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President Obama, Jan. 2009President Obama, Jan. 2009““And yet while our problems And yet while our problems
may be new, what is required may be new, what is required to overcome them is not. to overcome them is not. What is required is the same What is required is the same perseverance and idealism perseverance and idealism that those first patriots that those first patriots displayed. What is required displayed. What is required is a is a new declaration of new declaration of independenceindependence, not just in our , not just in our nation, but in our own lives – nation, but in our own lives – from ideology and small from ideology and small thinking, prejudice and thinking, prejudice and bigotry – an appeal not to our bigotry – an appeal not to our easy instincts but to our easy instincts but to our better angels.”better angels.”
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Joe Biden opens 1991 Joe Biden opens 1991 Senate confirmation Senate confirmation hearings by hearings by contending that contending that understanding understanding Clarence Thomas’s Clarence Thomas’s views on the views on the ““Declaration of Declaration of IndependenceIndependence was was the single most the single most important task of important task of this committee.”this committee.”
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Declaration of IndependenceDeclaration of Independence U.S. ConstitutionU.S. Constitution Bill of RightsBill of Rights
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Top Eight Vote Getters—NARATop Eight Vote Getters—NARAThe People’s VoteThe People’s Vote
1. Declaration of Independence (1776) 29,681 votes. 1. Declaration of Independence (1776) 29,681 votes. 2. Constitution of the United States (1787) 27,070 votes. 2. Constitution of the United States (1787) 27,070 votes. 3. Bill of Rights (1791) 26,545 votes 3. Bill of Rights (1791) 26,545 votes 4. Louisiana Purchase Treaty (1803) 13,417 votes. 4. Louisiana Purchase Treaty (1803) 13,417 votes. 5. Emancipation Proclamation (1863) 13,086 votes. 5. Emancipation Proclamation (1863) 13,086 votes. 6. 19th Amendment to the U.S. Constitution: Women's 6. 19th Amendment to the U.S. Constitution: Women's
Right to Vote (1920) 12,282 votes Right to Vote (1920) 12,282 votes 7. 13th Amendment to the U.S. Constitution: Abolition of 7. 13th Amendment to the U.S. Constitution: Abolition of
Slavery (1865) 11,789 votes. Slavery (1865) 11,789 votes. 8. Gettysburg Address (1863) 9,939 votes. 8. Gettysburg Address (1863) 9,939 votes.
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The Louisiana Purchase (1803)The Louisiana Purchase (1803)
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Signing the Louisiana PurchaseSigning the Louisiana Purchase
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Who said it?Who said it?
““A strict observation of the written law is A strict observation of the written law is doubtless one of the high duties of a good doubtless one of the high duties of a good citizen, but is not the highest. The law of citizen, but is not the highest. The law of necessity, of self-preservation, of saving our necessity, of self-preservation, of saving our country when in danger, are of higher country when in danger, are of higher obligation.” obligation.” A. Alexander HamiltonA. Alexander Hamilton
B. Abraham LincolnB. Abraham Lincoln
C. Henry ClayC. Henry Clay
D. Thomas Jefferson D. Thomas Jefferson
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Correct Answer: DCorrect Answer: D
Thomas Thomas JeffersonJefferson
Response when Response when discussing the discussing the Louisiana Louisiana Purchase in 1810Purchase in 1810
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Caribbean MapCaribbean Map
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Louisiana Purchase, Article IIILouisiana Purchase, Article III
““The inhabitants of the ceded territory shall be The inhabitants of the ceded territory shall be incorporated in the Union of the United States incorporated in the Union of the United States and admitted as soon as possible according to and admitted as soon as possible according to the principles of the federal Constitution to the the principles of the federal Constitution to the enjoyment of all these rights, advantages and enjoyment of all these rights, advantages and immunities of citizens of the United States, and immunities of citizens of the United States, and in the mean time they shall be maintained and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, protected in the free enjoyment of their liberty, property and the Religion which they profess.”property and the Religion which they profess.”
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Missouri Missouri Compromise Compromise
(1820)(1820)
Kansas Kansas Nebraska Act Nebraska Act
(1854)(1854)
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The Declaration of IndependenceThe Declaration of Independence
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Popular Memory of the TextPopular Memory of the Text
““We hold these truths to be self-evident, We hold these truths to be self-evident, that all men are created equal, that they that all men are created equal, that they are endowed by their Creator with certain are endowed by their Creator with certain unalienable rights, that among these are unalienable rights, that among these are life, liberty and the pursuit of happiness.”life, liberty and the pursuit of happiness.”
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The Actual BeginningThe Actual Beginning
““When, in the course of human events, it When, in the course of human events, it becomes necessary for one people to dissolve becomes necessary for one people to dissolve the political bonds which have connected them the political bonds which have connected them with another, and to assume among the powers with another, and to assume among the powers of the earth, the separate and equal station to of the earth, the separate and equal station to which the laws of nature and of nature's God which the laws of nature and of nature's God entitle them, a decent respect to the opinions of entitle them, a decent respect to the opinions of mankind requires that they should declare the mankind requires that they should declare the causes which impel them to the separation.”causes which impel them to the separation.”
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Left out of the final draft…Left out of the final draft…
King had “violat[ed] the most sacred rights of life King had “violat[ed] the most sacred rights of life and liberty in the persons of a distant people and liberty in the persons of a distant people who never offended him, captivating and who never offended him, captivating and carrying them into slavery in another carrying them into slavery in another hemisphere, or to incur miserable death in their hemisphere, or to incur miserable death in their transportation . .. he is now exciting those very transportation . .. he is now exciting those very people to rise in arms among us, and to people to rise in arms among us, and to purchase that liberty of when he deprived them, purchase that liberty of when he deprived them, by murdering the people on which he also by murdering the people on which he also obtruded them. . .” obtruded them. . .”
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United States ConstitutionUnited States Constitution
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Bill of RightsBill of RightsAmendment I: Congress shall make no law Amendment I: Congress shall make no law
respecting an establishment of religion, respecting an establishment of religion, or prohibiting the free exercise thereof; or prohibiting the free exercise thereof; or abridging the freedom of speech, or or abridging the freedom of speech, or of the press; or the right of the people of the press; or the right of the people peaceably to assemble, and to petition peaceably to assemble, and to petition the government for a redress of the government for a redress of grievances. grievances.
Amendment II: A well regulated militia, being Amendment II: A well regulated militia, being necessary to the security of a free state, necessary to the security of a free state, the right of the people to keep and bear the right of the people to keep and bear arms, shall not be infringed. arms, shall not be infringed.
Amendment III: No soldier shall, in time of Amendment III: No soldier shall, in time of peace be quartered in any house, peace be quartered in any house, without the consent of the owner, nor in without the consent of the owner, nor in time of war, but in a manner to be time of war, but in a manner to be prescribed by law. prescribed by law.
Amendment IV: The right of the people to be Amendment IV: The right of the people to be secure in their persons, houses, papers, secure in their persons, houses, papers, and effects, against unreasonable and effects, against unreasonable searches and seizures, shall not be searches and seizures, shall not be violated, and no warrants shall issue, violated, and no warrants shall issue, but upon probable cause, supported by but upon probable cause, supported by oath or affirmation, and particularly oath or affirmation, and particularly describing the place to be searched, describing the place to be searched, and the persons or things to be seized. and the persons or things to be seized. James Madison
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The rest of them…The rest of them…Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless Amendment V: 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 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 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 offense to be twice put in jeopardy of life or limb; nor shall be person be subject for the same offense 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 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 property, without due process of law; nor shall private property be taken for public use, without just compensation. just compensation.
Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public Amendment VI: 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, 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 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 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 process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. defense.
Amendment VII: In suits at common law, where the value in controversy shall exceed twenty dollars, Amendment VII: 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 the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. reexamined in any court of the United States, than according to the rules of the common law.
Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. unusual punishments inflicted.
Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. or disparage others retained by the people.
Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it Amendment X: 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. to the states, are reserved to the states respectively, or to the people.
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2727thth Amendment Amendment
No law, varying the No law, varying the compensation for the compensation for the services of the Senators services of the Senators and Representatives, and Representatives, shall take effect, until an shall take effect, until an election of election of Representatives shall Representatives shall have intervened. have intervened.
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Hear your language, proclaimed to the Hear your language, proclaimed to the world, July 4th, 1776:world, July 4th, 1776:
"We hold these truths to be self evident -- "We hold these truths to be self evident -- that ALL MEN ARE CREATED that ALL MEN ARE CREATED EQUAL! ! that they EQUAL! ! that they are endowed by are endowed by their Creator with certain unalienable their Creator with certain unalienable rights;rights; that among these are life, that among these are life, libertyliberty, and the pursuit of happiness! !“, and the pursuit of happiness! !“
Compare your own language above, Compare your own language above, extracted from your Declaration of extracted from your Declaration of Independence, with your cruelties and Independence, with your cruelties and murders inflicted by your cruel and murders inflicted by your cruel and unmerciful fathers and yourselves on unmerciful fathers and yourselves on our fathers and on us -- men who have our fathers and on us -- men who have never given your fathers or you the never given your fathers or you the least provocation!” least provocation!”
David Walker’s Appeal
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AbolitionismAbolitionism
William Lloyd Garrison
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What to the Slave is the 4What to the Slave is the 4thth of July? of July?
““America is false to America is false to the past, false to the past, false to the present, and the present, and solemnly binds solemnly binds herself to be false herself to be false to the future.” to the future.”
Frederick Douglass
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1010thth Amendment Amendment
The powers not delegated to the United The powers not delegated to the United States by the Constitution, nor prohibited States by the Constitution, nor prohibited by it to the States, are reserved for the by it to the States, are reserved for the States respectively, or to the people. States respectively, or to the people.
“all men are created equal" was not a "self-evident truth" but instead "is nothing more to me than a self-evident lie." (1854 debates over Kansas-Nebraska Act)
John Petit, Sen., Indiana
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Lincoln-Douglas Lincoln-Douglas DebatesDebates
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Gettysburg AddressGettysburg Address
"Four score and seven "Four score and seven years ago, our fathers years ago, our fathers brought forth on this brought forth on this continent, a new continent, a new nation, conceived in nation, conceived in Liberty, and dedicated Liberty, and dedicated to the proposition that to the proposition that all men are created all men are created equal." equal."
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EmancipationEmancipationProclamationProclamation
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1313thth Amendment Amendment
Neither slavery nor Neither slavery nor involuntary servitude, involuntary servitude, except as a except as a punishment for crime punishment for crime whereof the party whereof the party shall have been duly shall have been duly convicted, shall exist convicted, shall exist within the United within the United States, or any place States, or any place subject to their subject to their jurisdiction. jurisdiction.
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1515thth Amendment Amendment
The right of citizens The right of citizens of the United States of the United States to vote shall not be to vote shall not be denied or abridged denied or abridged by the United States by the United States or by any State on or by any State on account of race, account of race, color, or previous color, or previous condition of condition of servitude. servitude.
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Martin Luther King, 1963Martin Luther King, 1963
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Malcolm XMalcolm X
““How in the world How in the world can a Negro talk can a Negro talk about the about the Declaration of Declaration of Independence?” Independence?”
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1414thth Amendment Amendment Section 1.Section 1. All persons born or naturalized in the United States, and All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person 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 of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.any person within its jurisdiction the equal protection of the laws.
Section 2.Section 2. Representatives shall be apportioned among the several Representatives shall be apportioned among the several States according to their respective numbers, counting the whole States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But 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 when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the members of the Legislature thereof, is denied to any of the male male inhabitants of such State, being twenty-one years of age, and inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.twenty-one years of age in such State.
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Abigail AdamsAbigail Adams
“Remember the Ladies,”March 31, 1776
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Elizabeth Cady Stanton
Lucretia Mott
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Declaration of Declaration of SentimentsSentiments
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Declaration of SentimentsDeclaration of Sentiments When, in the course of human events, it becomes necessary for one When, in the course of human events, it becomes necessary for one
portion of the family of manportion of the family of man to assume among the people of the earth a to assume among the people of the earth a position different from that which they have hitherto occupied, but one position different from that which they have hitherto occupied, but one to which the laws of nature and of nature's God entitle them, a decent to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare respect to the opinions of mankind requires that they should declare the causes that impel them to such a course. the causes that impel them to such a course.
We hold these truths to be self-evident: that all men We hold these truths to be self-evident: that all men and womenand women are are created equal; that they are endowed by their Creator with certain created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of inalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights governments are instituted, happiness; that to secure these rights governments are instituted, deriving their just powers from the consent of the governed. Whenever deriving their just powers from the consent of the governed. Whenever any form of government becomes destructive of these ends, it is the any form of government becomes destructive of these ends, it is the right of those who suffer from it to refuse allegiance to it, and to insist right of those who suffer from it to refuse allegiance to it, and to insist upon the institution of a new government, laying its foundation on such upon the institution of a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.seem most likely to effect their safety and happiness.
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The GrievancesThe Grievances1. He has never permitted her to exercise her inalienable right to the elective franchise. 1. He has never permitted her to exercise her inalienable right to the elective franchise. 2. He has compelled her to submit to laws, in the formation of which she had no voice. 2. He has compelled her to submit to laws, in the formation of which she had no voice. 3. He has withheld from her rights which are given to the most ignorant and degraded men - both natives and 3. He has withheld from her rights which are given to the most ignorant and degraded men - both natives and
foreigners. foreigners. 4. Having deprived her of this first right as a citizen, the elective franchise, thereby leaving her without 4. Having deprived her of this first right as a citizen, the elective franchise, thereby leaving her without
representation in the halls of legislation, he has oppressed her on all sides. representation in the halls of legislation, he has oppressed her on all sides. 5. He has made her, if married, in the eye of the law, civilly dead. 5. He has made her, if married, in the eye of the law, civilly dead. 6. He has taken from her all right in property, even to the wages she earns. 6. He has taken from her all right in property, even to the wages she earns. 7. He has made her morally, an irresponsible being, as she can commit many crimes with impunity, provided they 7. He has made her morally, an irresponsible being, as she can commit many crimes with impunity, provided they
be done in the presence of her husband. In the covenant of marriage, she is compelled to promise be done in the presence of her husband. In the covenant of marriage, she is compelled to promise obedience to her husband, he becoming, to all intents and purposes, her master - the law giving him power obedience to her husband, he becoming, to all intents and purposes, her master - the law giving him power to deprive her of her liberty, and to administer chastisement. to deprive her of her liberty, and to administer chastisement.
8. He has so framed the laws of divorce, as to what shall be the proper causes of divorce, in case of separation, 8. He has so framed the laws of divorce, as to what shall be the proper causes of divorce, in case of separation, to whom the guardianship of the children shall be given; as to be wholly regardless of the happiness of the to whom the guardianship of the children shall be given; as to be wholly regardless of the happiness of the women - the law, in all cases, going upon a false supposition of the supremacy of a woman, and giving all women - the law, in all cases, going upon a false supposition of the supremacy of a woman, and giving all power into his hands. power into his hands.
9. After depriving her of all rights as a married woman, if single and the owner of property, he has taxed her to 9. After depriving her of all rights as a married woman, if single and the owner of property, he has taxed her to support a government which recognizes her only when her property can be made profitable to it. support a government which recognizes her only when her property can be made profitable to it.
10. He has monopolized nearly all the profitable employments, and from those she is permitted to follow, she 10. He has monopolized nearly all the profitable employments, and from those she is permitted to follow, she receives but a scanty remuneration. receives but a scanty remuneration.
11. He closes against her all the avenues to wealth and distinction, which he considers most honorable to 11. He closes against her all the avenues to wealth and distinction, which he considers most honorable to himself. As a teacher of theology, medicine, or law, she is not known. himself. As a teacher of theology, medicine, or law, she is not known.
12. He has denied her the facilities for obtaining a thorough education - all colleges being closed against her. 12. He has denied her the facilities for obtaining a thorough education - all colleges being closed against her. 13. He allows her in church, as well as State, but a subordinate position, claiming Apostolic authority for her 13. He allows her in church, as well as State, but a subordinate position, claiming Apostolic authority for her
exclusion from the ministry, and, with some exceptions, from any public participation in the affairs of the exclusion from the ministry, and, with some exceptions, from any public participation in the affairs of the Church. Church.
14. He has created a false public sentiment by giving to the world a different code of morals for men and women, 14. He has created a false public sentiment by giving to the world a different code of morals for men and women, by which moral delinquencies which exclude women from society, are not only tolerated but deemed of little by which moral delinquencies which exclude women from society, are not only tolerated but deemed of little account in man. account in man.
15. He has usurped the prerogative of Jehovah himself, claiming it as his right to assign for her a sphere of 15. He has usurped the prerogative of Jehovah himself, claiming it as his right to assign for her a sphere of action, when that belongs to her conscience and her God. action, when that belongs to her conscience and her God.
16. He has endeavored, in every way that he could to destroy her confidence in her own powers, to lessen her 16. He has endeavored, in every way that he could to destroy her confidence in her own powers, to lessen her self-respect, and to make her willing to lead a dependent and abject life. self-respect, and to make her willing to lead a dependent and abject life.
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Susan B. Susan B. AnthonyAnthony
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Carrie Chapman CattCarrie Chapman CattCongress, 1917Congress, 1917
““The Hon. Champ Clark The Hon. Champ Clark [Speaker of the House] [Speaker of the House] announced that he had announced that he had been a woman been a woman suffragist ever since he suffragist ever since he ‘got the hang of the ‘got the hang of the Declaration of Declaration of Independence.’ So it Independence.’ So it must be with every must be with every other American. The other American. The amazing thing is that it amazing thing is that it has required so long a has required so long a time for a people, most time for a people, most of whom know how to of whom know how to read, ‘to get the hang read, ‘to get the hang of it.’”of it.’”
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1919thth Amendment Amendment
The right of citizens The right of citizens of the United of the United States to vote shall States to vote shall not be denied or not be denied or abridged by the abridged by the United States or by United States or by any State on any State on account of sex. account of sex.
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Equal Rights AmendmentEqual Rights Amendment
Equality of Equality of rights under rights under the law shall the law shall not be denied not be denied or abridged by or abridged by the United the United States or by States or by any State on any State on account of sex. account of sex.