Cross posted from The Stars Hollow Gazette

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June 20 is the 171st day of the year (172nd in leap years) in the Gregorian calendar. There are 194 days remaining until the end of the year.

On leap years, this day usually marks the summer solstice in the northern hemisphere and the winter solstice in the southern hemisphere.

On this day in 1789, Third Estate makes Tennis Court Oath.

In Versailles, France, the deputies of the Third Estate, which represent commoners and the lower clergy, meet on the Jeu de Paume, an indoor tennis court, in defiance of King Louis XVI’s order to disperse. In these modest surroundings, they took a historic oath not to disband until a new French constitution had been adopted.

Louis XVI, who ascended the French throne in 1774, proved unsuited to deal with the severe financial problems he had inherited from his grandfather, King Louis XV. In 1789, in a desperate attempt to address France’s economic crisis, Louis XVI assembled the Estates-General, a national assembly that represented the three “estates” of the French people–the nobles, the clergy, and the commons. The Estates-General had not been assembled since 1614, and its deputies drew up long lists of grievances and called for sweeping political and social reforms.

The Tennis Court Oath (French: serment du jeu de paume) was a pivotal event during the first days of the French Revolution. The Oath was a pledge signed by 576 of the 577 members from the Third Estate who were locked out of a meeting of the Estates-General on 20 June 1789 so they made a makeshift conference room inside a tennis court.

In 17 June 1789 this group, led by Honoré Gabriel Riqueti, began to call themselves the National Assembly. On the morning of 20 June, the deputies were shocked to discover that the chamber door was locked and guarded by soldiers. Immediately fearing the worst and anxious that a royal attack by King Louis XVI was imminent, the deputies congregated in a nearby indoor real tennis court where they took a solemn collective oath “not to separate, and to reassemble wherever circumstances require, until the constitution of the kingdom is established” It later transpired that the most probable reason why the hall was closed was that the royal household was still in mourning the death of the Dauphin (the king’s oldest son) two weeks earlier; ordinarily, political matters could not be conducted until the King had emerged from mourning. The oath is therefore a contentious point in French political history, since pro-monarchists then and now characterize it as a duplicitous and hysterical over-reaction which deliberately made capital out of a private tragedy in the royal family. Other historians have argued that given political tensions in France at that time, the deputies’ fears, even if wrong, were reasonable and that the importance of the oath goes above and beyond its context.

The deputies pledged to continue to meet until a constitution had been written, despite the royal prohibition. The oath was both a revolutionary act, and an assertion that political authority derived from the people and their representatives rather than from the monarch himself. Their solidarity forced Louis XVI to order the clergy and the nobility to join with the Third Estate in the National Assembly.

The only deputy recorded as not taking the oath was Joseph Martin-Dauch from Castelnaudary. He can be seen on the right of David’s sketch, seated with his arms crossed and his head bowed.

Cross posted from The Stars Hollow Gazette

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June 19 is the 170th day of the year (171st in leap years) in the Gregorian calendar. There are 195 days remaining until the end of the year.

On this day in 1964, the Civil Rights Act of 1964 is approved after surviving an 83-day filibuster in the United States Senate.

Passage in the Senate

(President Lyndon B.) Johnson, who wanted the bill passed as soon as possible, ensured that the bill would be quickly considered by the Senate. Normally, the bill would have been referred to the Senate Judiciary Committee, chaired by Senator James O. Eastland , Democrat from Mississippi. Given Eastland’s firm opposition, it seemed impossible that the bill would reach the Senate floor. Senate Majority Leader Mike Mansfield took a novel approach to prevent the bill from being relegated to Judiciary Committee limbo. Having initially waived a second reading of the bill, which would have led to it being immediately referred to Judiciary, Mansfield gave the bill a second reading on February 26, 1964, and then proposed, in the absence of precedent for instances when a second reading did not immediately follow the first, that the bill bypass the Judiciary Committee and immediately be sent to the Senate floor for debate. Although this parliamentary move led to a filibuster, the senators eventually let it pass, preferring to concentrate their resistance on passage of the bill itself.

The bill came before the full Senate for debate on March 30, 1964 and the “Southern Bloc” of 18 southern Democratic Senators and one Republican Senator led by Richard Russell (D-GA) launched a filibuster to prevent its passage. Said Russell: “We will resist to the bitter end any measure or any movement which would have a tendency to bring about social equality and intermingling and amalgamation of the races in our (Southern) states.”

The most fervent opposition to the bill came from Senator Strom Thurmond (D-SC): “This so-called Civil Rights Proposals, which the President has sent to Capitol Hill for enactment into law, are unconstitutional, unnecessary, unwise and extend beyond the realm of reason. This is the worst civil-rights package ever presented to the Congress and is reminiscent of the Reconstruction proposals and actions of the radical Republican Congress.”

After 54 days of filibuster, Senators Everett Dirksen (R-IL), Thomas Kuchel (R-CA), Hubert Humphrey (D-MN), and Mike Mansfield (D-MT) introduced a substitute bill that they hoped would attract enough Republican swing votes to end the filibuster. The compromise bill was weaker than the House version in regard to government power to regulate the conduct of private business, but it was not so weak as to cause the House to reconsider the legislation.

On the morning of June 10, 1964, Senator Robert Byrd (D-W.Va.) completed a filibustering address that he had begun 14 hours and 13 minutes earlier opposing the legislation. Until then, the measure had occupied the Senate for 57 working days, including six Saturdays. A day earlier, Democratic Whip Hubert Humphrey of Minnesota, the bill’s manager, concluded he had the 67 votes required at that time to end the debate and end the filibuster. With six wavering senators providing a four-vote victory margin, the final tally stood at 71 to 29. Never in history had the Senate been able to muster enough votes to cut off a filibuster on a civil rights bill. And only once in the 37 years since 1927 had it agreed to cloture for any measure.

On June 19, the substitute (compromise) bill passed the Senate by a vote of 71-29, and quickly passed through the House-Senate conference committee, which adopted the Senate version of the bill. The conference bill was passed by both houses of Congress, and was signed into law by President Johnson on July 2, 1964.

Cross posted from The Stars Hollow Gazette

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June 18 is the 169th day of the year (170th in leap years) in the Gregorian calendar. There are 196 days remaining until the end of the year.

On this day in 1812, War of 1812 begins

The day after the Senate followed the House of Representatives in voting to declare war against Great Britain, President James Madison signs the declaration into law–and the War of 1812 begins. The American war declaration, opposed by a sizable minority in Congress, had been called in response to the British economic blockade of France, the induction of American seaman into the British Royal Navy against their will, and the British support of hostile Indian tribes along the Great Lakes frontier. A faction of Congress known as the “War Hawks” had been advocating war with Britain for several years and had not hidden their hopes that a U.S. invasion of Canada might result in significant territorial land gains for the United States.

The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire, including those of present-day Canada. The Americans declared war in 1812 for a number of reasons, including a desire for expansion into the Northwest Territory, trade restrictions because of Britain’s ongoing war with France, impressment of American merchant sailors into the Royal Navy, British support of American Indian tribes against American expansion, and the humiliation of American honour. Until 1814, the British Empire adopted a defensive strategy, repelling multiple American invasions of the provinces of Upper and Lower Canada. However, the Americans gained control over Lake Erie in 1813, seized parts of western Ontario, and destroyed Tecumseh’s dream of an Indian confederacy. In the Southwest General Andrew Jackson humbled the Creek nation at the Battle of Horseshoe Bend but with the defeat of Napoleon in 1814, the British adopted a more aggressive strategy, sending in three large armies along with more patrols. British victory at the Battle of Bladensburg in August 1814 allowed the British to capture and burn Washington, D.C. American victories in September 1814 and January 1815 repulsed British invasions of New York, Baltimore and New Orleans.

The war was fought in three theaters: At sea, warships and privateers of both sides attacked each other’s merchant ships. The British blockaded the Atlantic coast of the U.S. and mounted large-scale raids in the later stages of the war. Both land and naval battles were fought on the frontier, which ran along the Great Lakes and Saint Lawrence River. The South and the Gulf coast saw major land battles in which the American forces destroyed Britain’s Indian allies and defeated the main British invasion force at New Orleans. Both sides invaded each other’s territory, but these invasions were unsuccessful or temporary. At the end of the war, both sides occupied parts of the other’s territory, but these areas were restored by the Treaty of Ghent.

In the U.S., battles such as the Battle of New Orleans and the earlier successful defense of Baltimore (which inspired the lyrics of the U.S. national anthem, “The Star-Spangled Banner”) produced a sense of euphoria over a “second war of independence” against Britain. It ushered in an “Era of Good Feelings” in which the partisan animosity that had once verged on treason practically vanished. Canada also emerged from the war with a heightened sense of national feeling and solidarity. Britain regarded the war as a sideshow to the Napoleonic Wars raging in Europe; it welcomed an era of peaceful relations and trade with the United States.

Cross posted from The Stars Hollow Gazette

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June 17 is the 168th day of the year (169th in leap years) in the Gregorian calendar. There are 197 days remaining until the end of the year.

On this day in 1885, the Statue of Liberty, a gift of friendship from the people of France to the people of the United States, arrives in New York City’s harbor.

The Statue of Liberty (Liberty Enlightening the World, French: La Liberté éclairant le monde) is a colossal neoclassical sculpture on Liberty Island in New York Harbor, designed by Frédéric Bartholdi and dedicated on October 28, 1886. The statue, a gift to the United States from the people of France, is of a robed female figure representing Libertas, the Roman goddess of freedom, who bears a torch and a tabula ansata (a tablet evoking the law) upon which is inscribed the date of the American Declaration of Independence. A broken chain lies at her feet. The statue has become an icon of freedom and of the United States.

Bartholdi was inspired by French law professor and politician Édouard René de Laboulaye, who commented in 1865 that any monument raised to American independence would properly be a joint project of the French and American peoples. Due to the troubled political situation in France, work on the statue did not commence until the early 1870s. In 1875, Laboulaye proposed that the French finance the statue and the Americans provide the pedestal and the site. Bartholdi completed both the head and the torch-bearing arm before the statue was fully designed, and these pieces were exhibited for publicity at international expositions. The arm was displayed in New York’s Madison Square Park from 1876 to 1882. Fundraising proved difficult, especially for the Americans, and by 1885 work on the pedestal was threatened due to lack of funds. Publisher Joseph Pulitzer of the World initiated a drive for donations to complete the project, and the campaign inspired over 120,000 contributors, most of whom gave less than a dollar. The statue was constructed in France, shipped overseas in crates, and assembled on the completed pedestal on what was then called Bedloe’s Island. The statue’s completion was marked by New York’s first ticker-tape parade and a dedication ceremony presided over by President Grover Cleveland.

The statue was administered by the United States Lighthouse Board until 1901 and then by the Department of War; since 1933 it has been maintained by the National Park Service. The statue was closed for renovation for much of 1938. In the early 1980s, it was found to have deteriorated to such an extent that a major restoration was required. While the statue was closed from 1984 to 1986, the torch and a large part of the internal structure were replaced. After the September 11 attacks in 2001, it was closed for reasons of safety and security; the pedestal reopened in 2004 and the statue in 2009, with limits on the number of visitors allowed to ascend to the crown. The statue is scheduled to close for up to a year beginning in late 2011 so that a secondary staircase can be installed. Public access to the balcony surrounding the torch has been barred for safety reasons since 1916.

Cross posted from The Stars Hollow Gazette

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June 16 is the 167th day of the year (168th in leap years) in the Gregorian calendar. There are 198 days remaining until the end of the year.

On this day in 1933, The National Industrial Recovery Act is passed.

The National Industrial Recovery Act (NIRA), officially known as the Act of June 16, 1933 (Ch. 90, 48 Stat. 195, formerly codified at 15 U.S.C. sec. 703), was an American statute which authorized the President of the United States to regulate industry and permit cartels and monopolies in an attempt to stimulate economic recovery, and established a national public works program. The legislation was enacted in June 1933 during the Great Depression as part of President Franklin D. Roosevelt’s New Deal legislative program. Section 7(a) of the bill, which protected collective bargaining rights for unions, proved contentious (especially in the Senate), but both chambers eventually passed the legislation and President Roosevelt signed the bill into law on June 16, 1933. The Act had two main sections (or “titles”). Title I was devoted to industrial recovery, and authorized the promulgation of industrial codes of fair competition, guaranteed trade union rights, permitted the regulation of working standards, and regulated the price of certain refined petroleum products and their transportation. Title II established the Public Works Administration, outlined the projects and funding opportunities it could engage in, and funded the Act.

The Act was implemented by the National Recovery Administration (NRA) and the Public Works Administration (PWA). Very large numbers of regulations were generated under the authority granted to the NRA by the Act, which led to a significant loss of political support for Roosevelt and the New Deal. The NIRA was set to expire in June 1935, but in a major constitutional ruling the U.S. Supreme Court held Title I of the Act unconstitutional on May 27, 1935, in Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935). The National Industrial Recovery Act is widely considered a policy failure, both in the 1930s and by historians today. Disputes over the reasons for this failure continue, however. Among the suggested causes are that the Act promoted economically harmful monopolies, that the Act lacked critical support from the business community, and that the Act was poorly administered. The Act encouraged union organizing, which led to significant labor unrest. The Act had no mechanisms for handling these problems, which led Congress to pass the National Labor Relations Act in 1935.

Cross posted from The Stars Hollow Gazette

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June 15 is the 166th day of the year (167th in leap years) in the Gregorian calendar. There are 199 days remaining until the end of the year.

On this day 1215, Magna Carta sealed.

Following a revolt by the English nobility against his rule, King John puts his royal seal on the Magna Carta, or “Great Charter.” The document, essentially a peace treaty between John and his barons, guaranteed that the king would respect feudal rights and privileges, uphold the freedom of the church, and maintain the nation’s laws. Although more a reactionary than a progressive document in its day, the Magna Carta was seen as a cornerstone in the development of democratic England by later generations.

John was enthroned as king of England following the death of his brother, King Richard the Lion-Hearted, in 1199. King John’s reign was characterized by failure. He lost the duchy of Normandy to the French king and taxed the English nobility heavily to pay for his foreign misadventures. He quarreled with Pope Innocent III and sold church offices to build up the depleted royal coffers. Following the defeat of a campaign to regain Normandy in 1214, Stephen Langton, the archbishop of Canterbury, called on the disgruntled barons to demand a charter of liberties from the king.

Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch’s authority to date. The charter first passed into law in 1225. The 1297 version, with the long title (originally in Latin) The Great Charter of the Liberties of England, and of the Liberties of the Forest, still remains on the statute books of England and Wales.

The 1215 Charter required King John of England to proclaim certain liberties, and accept that his will was not arbitrary, for example by explicitly accepting that no “freeman” (in the sense of non-serf) could be punished except through the law of the land, a right which is still in existence today.

Magna Carta was the first document forced onto an English King by a group of his subjects, the feudal barons, in an attempt to limit his powers by law and protect their privileges. It was preceded and directly influenced by the Charter of Liberties in 1100, in which King Henry I had specified particular areas wherein his powers would be limited.

Despite its recognised importance, by the second half of the 19th century nearly all of its clauses had been repealed in their original form. Three clauses remain part of the law of England and Wales, however, and it is generally considered part of the uncodified constitution. Lord Denning described it as “the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despo In a 2005 speech, Lord Woolf described it as “first of a series of instruments that now are recognised as having a special constitutional status”, the others being the Habeas Corpus Act, the Petition of Right, the Bill of Rights, and the Act of Settlement.

The charter was an important part of the extensive historical process that led to the rule of constitutional law in the English speaking world, although it was “far from unique, either in content or form”. In practice, Magna Carta in the medieval period did not in general limit the power of kings, but by the time of the English Civil War it had become an important symbol for those who wished to show that the King was bound by the law. It influenced the early settlers in New England and inspired later constitutional documents, including the United States Constitution.

Cross posted from The Stars Hollow Gazette

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June 14 is the 165th day of the year (166th in leap years) in the Gregorian calendar. There are 200 days remaining until the end of the year.

On this day in 1777, during the American Revolution, the Continental Congress adopts a resolution stating that “the flag of the United States be thirteen alternate stripes red and white” and that “the Union be thirteen stars, white in a blue field, representing a new Constellation.”

The Flag Resolution of 1777

On June 14, 1777, the Marine Committee of the Second Continental Congress passed the Flag Resolution which stated: “Resolved, that the flag of the United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new Constellation.” Flag Day is now observed on June 14 of each year. A false tradition holds that the new flag was first hoisted in June 1777 by the Continental Army at the Middlebrook encampment.

The 1777 resolution was most probably meant to define a naval ensign, rather than a national flag. It appears between other resolutions from the Marine Committee. On May 10, 1779, Secretary of the Board of War Richard Peters expressed concern “it is not yet settled what is the Standard of the United States.”

The Flag Resolution did not specify any particular arrangement, number of points, nor orientation for the stars. The pictured flag shows 13 outwardly-oriented five-pointed stars arranged in a circle, the so-called Betsy Ross flag. Although the Betsy Ross legend is controversial, the design is among the oldest of any U.S. flags. Popular designs at the time were varied and most were individually crafted rather than mass-produced. Other examples of 13-star arrangements can be found on the Francis Hopkinson flag, the Cowpens flag, and the Brandywine flag. Given the scant archaeological and written evidence, it is unknown which design was the most popular at that time.

Despite the 1777 resolution, a number of flags only loosely based on the prescribed design were used in the early years of American independence. One example may have been the Guilford Court House Flag, traditionally believed to have been carried by the American troops at the Battle of Guilford Court House in 1781.

The origin of the stars and stripes design is inadequately documented. The apocryphal story credits Betsy Ross for sewing the first flag from a pencil sketch handed to her by George Washington. No evidence for this exists; indeed, nearly a century had passed before Ross’ grandson, William Canby, first publicly suggested it. Another woman, Rebecca Young, has also been credited as having made the first flag by later generations of her family. Rebecca Young’s daughter was Mary Pickersgill, who made the Star Spangled Banner Flag.

It is likely that Francis Hopkinson of New Jersey, a signer of the Declaration of Independence, designed the 1777 flag while he was the Chairman of the Continental Navy Board’s Middle Department, sometime between his appointment to that position in November 1776 and the time that the flag resolution was adopted in June 1777. This contradicts the Betsy Ross legend, which suggests that she sewed the first Stars and Stripes flag by request of the government in the Spring of 1776. Hopkinson was the only person to have made such a claim during his own lifetime, when he sent a bill to Congress for his work. He asked for a “Quarter Cask of the Public Wine” as payment initially. The payment was not made, however, because it was determined he had already received a salary as a member of Congress, and he was not the only person to have contributed to the design. No one else contested his claim at the time.

Cross posted from The Stars Hollow Gazette

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June 13 is the 164th day of the year (165th in leap years) in the Gregorian calendar. There are 201 days remaining until the end of the year.

On this day in 1966, The Miranda rights are established.

The Supreme Court hands down its decision in Miranda v. Arizona, establishing the principle that all criminal suspects must be advised of their rights before interrogation. Now considered standard police procedure, “You have the right to remain silent. Anything you say can, and will, be used against you in court of law. You have the right to an attorney. If you cannot afford one, one will be appointed to you,” has been heard so many times in television and film dramas that it has become almost cliche.

Miranda v. Arizona 384 U.S. 436 (1966), was a landmark 5-4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them. This had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights. The Supreme Court decided Miranda with three other consolidated cases: Westover v. United States, Vignera v. New York, and California v. Stewart.

The Miranda warning (often abbreviated to “Miranda”) is the name of the formal warning that is required to be given by police in the United States to criminal suspects in police custody (or in a custodial situation) before they are interrogated, in accordance with the Miranda ruling. Its purpose is to ensure the accused is aware of, and reminded of, these rights under the U.S. Constitution, and that they know they can invoke them at any time during the interview.

As of the U.S. Supreme Court decision Berghuis v. Thompkins(June 1, 2010), criminal suspects who are aware of their right to silence and to an attorney, but choose not to “unambiguously” invoke them, may find any subsequent voluntary statements treated as an implied waiver of their rights, and which may be used in evidence.

Cross posted from The Stars Hollow Gazette

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June 12 is the 163rd day of the year (164th in leap years) in the Gregorian calendar. There are 202 days remaining until the end of the year.

On this day in 1776, Virginia adopts George Mason’s Declaration of Rights

The assembled slaveholders of Virginia promised to “the good people of VIRGINIA and their posterity” the equal right to life, liberty and property, with the critical condition that the “people” were white men. These same white men were guaranteed that “all power” would be “vested in, and consequently derived from” them. Should a government fail to represent their common interest, a majority of the same held the right to “reform, alter or abolish” the government.

Drafting and adoption

The Declaration was adopted unanimously by the Fifth Virginia Convention at Williamsburg, Virginia on June 12, 1776 as a separate document from the Constitution of Virginia which was later adopted on June 29, 1776. In 1830, the Declaration of Rights was incorporated within the Virginia State Constitution as Article I, but even before that Virginia’s Declaration of Rights stated that it was ‘”the basis and foundation of government” in Virginia.  A slightly updated version may still be seen in Virginia’s Constitution, making it legally in effect to this day.

It was initially drafted by George Mason circa May 20, 1776; James Madison assisted him with the section on religious freedom. It was later amended by Thomas Ludwell Lee and the Convention to add a section on the right to uniform government (Section 14). Patrick Henry persuaded the Convention to delete a section that would have prohibited bills of attander, arguing that ordinary laws could be ineffective against some terrifying offenders.

Mason based his initial draft on the rights of citizens described in earlier works such as the English Bill of Rights (1689), and the Declaration can be considered the first modern Constitutional protection of individual rights for citizens of North America. It rejected the notion of privileged political classes or hereditary offices such as the members of Parliament and House of Lords described in the English Bill of Rights.

The Declaration consists of sixteen articles on the subject of which rights “pertain to [the people of Virginia]…as the basis and foundation of Government.” In addition to affirming the inherent nature of natural rights to life, liberty, and property, the Declaration both describes a view of Government as the servant of the people, and enumerates various restrictions on governmental power. Thus, the document is unusual in that it not only prescribes legal rights, but it also describes moral principles upon which a government should be run.

Influence

The Virginia Declaration of Rights heavily influenced later documents. Thomas Jefferson is thought to have drawn on it when he drafted the United States Declaration of Independence one month later (July 1776). James Madison was also influenced by the Declaration while drafting the Bill of Rights (completed September 1787, approved 1789), as was the Marquis de Lafayette in voting the French Revolution’s Declaration of the Rights of Man and of the Citizen (1789).

The importance of the Virginia Declaration of Rights is that it was the first constitutional protection of individual rights, rather than protecting just members of Parliament or consisting of simple laws that can be changed as easily as passed.