This week in History:
1931, gangster Al Capone was sentenced to 11 years in prison for tax evasion and fined $80,000. He had committed many crimes, and carefully hid evidence, but taxes were his downfall. It was the end for one of the most notorious criminals of the 1920s and 1930s.
Capone was involved in organized crime as early as age 14, and spent very little time in jail by bribing city officials and threatening witnesses. He became Chicago’s crime king by murdering his competitors, including the infamous St. Valentine’s Day Massacre in 1929. Some people thought his tax crimes were “small potatoes” as a way of saying the other crimes were more serious than not paying taxes. Others said the important thing was that he went to prison for his crimes. History.com
1867, the U.S. purchased Alaska from Russia for $7.2 million dollars. Alaska was 586,412 square miles, about twice the size of Texas.
Russia decided to sell its Alaska territory to the U.S. instead of risking losing it in an expensive war with a rival country like England.
Many Americans thought the land was empty and worthless, maybe partly because of then-President Johnson’s unpopularity. As the 17th U.S. president, Johnson battled with Congress over Reconstruction policies after the Civil War.
Gold was discovered in Nome, Alaska, in 1899, and suddenly Alaska had a gold rush. Alaska became the 49th state on January 3, 1959. Today, 25 percent of America’s oil and over 50 percent of its seafood come from Alaska. It is the largest state, ant about one-fifth the size of all other states combined. The name Alaska is derived from the Aleut word alyeska, which means “great land.” History.com
Taking the Fifth
In recent news, some people called on to testify (tell about their experiences) have said they will “take the fifth” or “take 5.” This is about the 5th Amendment to the Constitution of the United States of America.
“Take 5” can also mean ‘take a five-minute rest or break’ from work. It is also the name of a famous song, by Paul Desmond of the Dave Brubeck quartet, played in 5/4 time. (Sound clip of “Take Five”)
Constitution Conversation: Today we’ll look into the 5th Amendment, added in 1789.
“Amendment” means a small change to something already done. To “make amends” means to fix a mistake, and to “amend soil” means to add something to improve the soil. Amendments in the US Constitution are improvements. The first ten Amendments are called, “The Bill of Rights.” The people who wrote and voted on the original Constitution and Declaration of Independence promised to make sure the “Bill of Rights” was included, but did not have enough time to work out all the details before passing the original Constitution.
Be kind when you see the different spelling used in the Constitution. Those folks had a different sort of spelling standard.
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 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.” (https://www.archives.gov/founding-docs/bill-of-rights-transcript )
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Discussion: This Amendment has 5 clauses, or parts. Each one is individual, but related to the others.
Clause 1: The Grand Jury decides if there is enough evidence for a trial to be held. This grand jury is only used if the punishment for the crime is severe such as life in prison or the death sentence. The exceptions are in military courts which have different procedures.
Clause 2: Double Jeopardy. The next section protects the person from being tried or punished for the same crime more than once. This is called “double jeopardy.”
Clause 3: Taking the 5th. This is a famous part of the Fifth Amendment, the right to not testify against yourself during a trial. This is often called "taking the fifth." Courts can present evidence against a person, but that person can refuse to testify against themself.
Clause 4: Due Process. This is about the rules when the federal government charges a citizen with a crime, they must protect life, liberty, and property from impairment. It also means that a citizen charged with a crime will be given a fair trial following a defined procedure through the judicial system.
Clause 5: Takings (Eminent Domain) This section says that the government can't take a person's private property without paying them a fair price for it. The government can sometimes take personal property for public use, but must pay a fair price for it.
Noteworthy: The Fifth Amendment at first was only for federal courts, but applies to state courts through the Fourteenth Amendment. “Due Process” and the “Grand Jury” ideas are also seen in the year 1215 and the Magna Carta, an agreement about rights in England. Corporations and businesses are not "natural persons" and not protected under the Fifth Amendment.