We the Film Channel of CraveOnline, in order to provide you a more perfect 4th of July weekend, establish our opinions, insure your domestic distractions, do provide for the common reader, and promote the general filmgoer by securing the blessings from our editor, to ordain and establish this Cinematic Constitution of the United States of America.
Huh? Let’s be like a modern movie audience and skip the introduction and go right to the sequel: the constitutional amendments. There are 27 of them. A few of them are brandied about constantly. Some we had to brush up on for purposes of this article. So what is the Cinematic Constitution of the United States of America? Well, we looked at all 27 amendments to the US constitution and came up with a list of 27 films that represented each amendment well. Were there rules? Simple ones: the film had to be set in America, past, present or future. And at least one major scene or plot point could directly be attributed to rights insured by an amendment.
Some of these were easy. Some were hard to choose just one. Some exposed the current division between political parties. But a few were also just really difficult (you try to come up with a movie that best represents going to work in January as opposed to March). And while certainly some of these films would make their way onto a list of our favorites, this exercise also exposed a gaping crater of particular stories in American film (we have only one film about the American woman’s fight for the right to vote?) or a glaring omission to the types of films that Hollywood makes (only films pertaining to “women’s issues” or “black voices” had representative directors from their gender or race).
But, hold on, hold on fellow Freedom Lover. America is a work in progress. It’s rare, but the fact that the original Bill of Rights from the American Constitution can have added amendments is a very powerful tool. That’s something worth celebrating. To us, that’s the most impressive feat of American history: continued progression (and admissions to wrongs). It might take a while (there was an amendment that took 202 years to pass!), but Americans must believe in their ability to adapt.
Okay, we’ll dismount from our high horse and unroll our scroll of American films that best represent each amendment. Firstly, we’d like to mention that we were a little surprised about how well the 21st century was represented for these older amendments. Perhaps some are so common that they don’t have to call attention to being about anything big, they’re just an instrument for aiding the story. Some are very much in the forefront and about big issues. Some ridicule, some blindly trumpet greatness, but not many are hugely patriotic because many of the amendments are admissions of incorrect governance. Somehow Forrest Gump didn’t show up. But John Carpenter did. Oh yes, it’s that sort of list.
So please, peruse our constitution. As always, this is a public forum and as your rights are insured, we’re open to comments. The floor is yours.
Slideshow: The Cinematic Constitution of the United States of America
Brian Formo is a featured contributor on the CraveOnline Film Channel. You can follow him on Twitter at @BrianEmilFormo.
The Cinematic Constitution of the United States of America
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1st Amendment
This amendment is known to us as the "freedom of speech," "freedom of religion," "freedom of the press" and the right to freely assemble for public demonstrations. It also covers the right to petition the government, which in the Internet age, has delightfuly given us the White House's cheeky refusal to build a Death Star for the US government and wasted everyone's time.
Elected American Film Representative: The People vs. Larry Flynt (1996)
States Represented: Kentucky, Ohio, Georgia, California
Why Flynt Fits: Both the movie and the man tick every box of this amendment. Flynt (Woody Harrelson) uses freedom of the press to publish pictures of naked women (he founded Hustler Magazine), freedom of speech to satirize both his critics (in print) and the court system (appearing in court in a diaper). Flynt even gets into freedom of religion (he was converted to Christianity by Jimmy Carter's sister and even published some religious material).
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2nd Amendment
The right to keep and bear arms. Particularly, for the purpose of personal and state defense by keeping a "well-regulated militia."
Elected American Film Representative: Red Dawn (1984)
State Represented: Colorado
Why Dawn Wins: While we're embroiled in a crisis of country and conscience regarding proper gun control following numerous mass shootings, it's tempting to put Michael Moore's documentary Bowling for Columbine. But while Moore filters through the too close for comfort alliance between the NRA and government, Red Dawn is actually the second amendment as a plot point. The founding fathers saw this amendment not about shooting an elk with a bazooka, but defending yourself and your country from invaders. Patrick Swayze and members of his town take on the Soviets after they've already taken various US cities. This is actually the second amendment in full embodiment of its determined use.
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3rd Amendment
This amendment forbids the quartering of soldiers in a person's home during peacetime. During wartime a soldier or troop must have consent from the owners to occupy a citizen's home.
Elected American Film Representative: Cold Mountain (2003)
States Represented: Virginia, North Carolina
Why Mountain's Set: A southern deserter (Jude Law) embarks on walking home before the end of the Civil War. He takes refuge with a widow (Natalie Portman). Some Union soldiers also try to take refuge with her. Let the right one in.
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4th Amendment
Requires the need for a warrant for search and seizures. Also sets standard for which agencies can issue the warrant with probable cause.
Elected American Film Representative: Zodiac (2007)
State Represented: California
Why Zodiac Fulfills: There are countless detective films that hinge on getting enough evidence for a warrant. But two decades of attempted warrants based on circumstantial evidence (and just the overall greatness of David Fincher's movie) put Zodiac here instead of all the other procedurals.
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5th Amendment
Commonly heard on procedural programs in an interrogation room that a suspect has chosen to "plead the 5th," which essentially means they have a right to refuse to answer questions until they are charged with sufficient evidence.
Elected American Film Representative: In Cold Blood (1967)
States Represented: Kansas, Nevada
Why Blood Runs: Again, there are numerous interrogation dramas, but In Cold Blood shows not only the process of pitting two suspects against each other (Robert Blake and Scott Wilson as Perry Smith and Dick Hickock) trying to get one to confess, but also because it was a very early film to focus the narrative on the point of view of the killers as opposed to the detectives. As Truman Capote's book and this adaptation showed, audiences were interested in knowing what makes criminals to do unspeakable things for very little in return. Director Richard Brooks even shot the murders where they took place, and also at the prison where Smith and Hickock tried to appeal their sentences.
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6th Amendment
The right to a trial by a jury consisting of peers (citizens). This amendment also includes the right to mount of a defense via witnesses, confront the accuser and either obtain or be appointed legal counsel.
Elected American Film Representative: 12 Angry Men (1957)
State Represented: New York
Why Angry Acquits: It presents an entire trial through the prism of one night in a heated jury discussion. Men shows which information is most important to 12 different characters (alibi, upbringing, height, etc.) in determining guilt.
We'd like to also mention Otto Preminger's Anatomy of a Murder (1959) as well, for dutifully reconstructing an entire trial, but 12 Angry Men gets placement for focusing on the type of peer discussions that the forefathers probably had in mind, to ultimately determine guilt, innocence or a re-trial.
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7th Amendment
The right to a civil (non-criminal) trial with six jury members. Surprisingly, the amendment still maintains the $20 minimum dispute for a court case, despite substatial dollar inflation since 1789.
Elected American Film Representative: Erin Brockovich (2000)
State Represented: California
Why Brockovich Collects: As big business continues to get more and more power within the court system, a true story like the case that Brockovich (Julia Roberts) brings to the law firm she works for (suing the company that knowingly poisoned the water near a local town) is at least a reminder that sometimes the people are able to fight back. Oft maligned for folks being greedy, Brockovich, drives home the idea that civil courts set high-paying penalties to try to make sure these instances don't happen to citizens again.
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8th Amendment
The designation that non-violent crimes cannot set bail for release (pending trial) at an excessive amount.
The 8th amendment also prohibits torture and various cruel punishments such as drawing and quartering, disembowlment and basically everything that happened at the end of Braveheart.
Elected American Film Representative: Jackie Brown (1997)
State Represented: California
Why Jackie Secures: This is an amendment that has juxtaposing ideas (bail and punishment). So we went with bail. Ordell (Samuel L. Jackson) is pinched for a non-violent offense and is bailed out. Ordell paid bail to take care of loose ends that would land him in jail longer. When another one of his associates, Jackie Brown (Pam Grier) gets pinched, he similarly arranges for her bail to keep her from snitching. Essentially Jackie Brown shows how bail can be manipulated and create more crime.
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9th Amendment
In wording, this amendment is very vague: "protects rights not enumerated in the constitution." In practice it's been the law-approved basis for rights to choose, whether it's not having a child (this amendment is the crux of the Roe v. Wade decision on legalizing abortion) or sending your child to private school instead of public school.
Elected American Film Representative: Obvious Child (2014)
State Represented: New York
Why Child is Obvious: While Citizen Ruth is more directly about the abortion debate, Obvious Child is more refreshing. By focusing the narrative on a woman (Jenny Slate) who decides to have an abortion and doesn't waver from her decision, Obvious Child is different from other abortion-related American films. She also doesn't encounter protesters demonizing that decision, she discusses it openly with both her mother (Polly Draper) and a friend (Gaby Hoffmann). And, ultimately, the movie is about her character, not just her decision informing her character. It's 2014. So it's about time.
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10th Amendment
States' rights! This is the amendment that limits federal power and reserves individual constitutional amendments for individual states to vote on. The 10th amendment has been used a lot recently: legalizing medical marijuana, legalizing recreational marijuana, legalizing gay marriage (and for some states, banning gay marriage, although most of those decisions are being overturned by the federal government for being unconstitutional).
Elected American Film Representative: 50/50 (2011)
State Represented: Washington
Why 50/50 = 100%: While marijuana use is only a part of the story here (about a young man, played by Joseph Gordon-Levitt, going through cancer treatment) it doubly reps marijuana for states' rights. Firstly, medicinal marijuana is legal in the film, because it's set in Washington state. And it helps him. Since the film was released, however, recreational (non-medicinal) marijuana has also been legalized in Washington, which would be great news for his friend (Seth Rogen).
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11th Amendment
The 11th Amendment acts as border police for each state. On the micro level, a state cannot be sued by foreigners or out-of-state residents. On the macro level, each state is required to uphold federal provisions or they can be sued by the United States. This also why a person can only prosecuted in an originating state.
Elected American Film Representative: Paper Moon (1973)
States Represented: Kansas, Missouri
Why Moon Convinces: Okay, this is the first time we'll be reaching a little bit. Paper Moon is about two grifters (Ryan O'Neal, Tatum O'Neal) who commit small-time frauds during the Great Depression and hightail it across the border before they get caught. But it's a gem of a film that we highly recommend. Just think of Moze and Addie not being able to sue Kansas by film's end.
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12th Amendment
The establishment of the Electoral College system of each state having delegates to represent their constituent's votes to elect a president, as opposed to a national popular vote.
Elected American Film Representative: Recount (2008)
State Represented: Florida
Why Recount Represents: The 2000 election came down to one state, Florida, and the number of Electoral College delegate votes contained therein. Al Gore won the popular vote across the entire country, but the system of each state getting a portion of the overall vote (determined by population) is how Bush won. Recount details the court battles carried out from November to December to count "all" the votes.
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13th Amendment
The 13th amendment abolished slavery in the United States and was passed just before the end of the Civil War, and thus the Southern states had to comply with federal law in order to be re-admitted into the Union.
Elected American Film Representative: Lincoln (2012)
State Represented: Virginia
Why Lincoln Tops: Quite simply, the entire film is about Lincoln's (Daniel Day-Lewis) efforts in trying to get this amendment to pass. There are impassioned debates, but most interestingly, asides to a system of lobbying for votes via quid pro quo tactics that might've helped to pass this very important amendment, but also has entrenched our government in a quagmire of needing something in return for every vote.
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14th Amendment
This amendment primarily dealt with defining citizenship and equal protection for those citizens following the end of the Civil War. But its most famous use was in 1954 in Brown vs. Board of Education which effectively ended racial segregation.
Elected American Film Representative: The Defiant Ones (1958)
State Represented: An undisclosed region of of The American South
Why Defiant Defines: It cannot be forgotten, the time period when The Defiant Ones was released (after segregation ended in the South). Two convicts (Sidney Poitier, Tony Curtis) escape from a chain gang. One is black and one is white. They're chained together and will have to work together to not get caught. While it's very on-the-nose with its dialogue and story arc, just on a visceral visual level, The Defiant Ones drives home the idea that people of different races will have to get used to working with each other. Eventually we won't need to be reminded.
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15th Amendment
Prohibits the denial of right to vote on the basis of race or skin color.
Elected American Film Representative: Get on the Bus (1996)
States Represented: California, Texas, Tennessee, Virginia
Why The Bus Rides: Spike Lee's film is a loose and chatty chronicle of a bus traveling from Los Angeles to Washington, DC. Its destination is the Million Man March, which was a march designed for African American men from all over the country to meet and listen to unifying speeches. A big goal of the march was also to increase the number of registered black voters. The idea being there was too much complacency in African American communities from either thinking candidates do not have their issues in mind, or a lingering fear of intimidation that kept them from voting. Lee's film is about the different backgrounds that 1990s black men came from and that it's time to move on from the W.E.B. DuBois' "Talented Tenth" idea and acknowledge all different types of black men.
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16th Amendment
Everyone's favorite: the creation of the federal income tax, funds going to federal government instead of state government.
Elected American Film Representative: The Blues Brothers (1980)
State Represented: Illinois
Why The Blues Represent: Even the soulman has to pay the taxman. The Blues Brothers features a lot of car chases, a lot of R&B and Steven Spielberg as a tax office worker, but the whole crux of the story is putting together a fund-raising show for an orphanage that owes back taxes and is about to be closed down. In 24 hours (after they get the band back together). Thus all the urgency in getting to the gig on time.
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17th Amendment
U.S. Senators are directly elected from a popular vote of their state's citizens. Previously, Senators were appointed from state legislature (where they were elected into state positions and then promoted internally to the US Senate).
Elected American Film Representative: Election (1999)
States Represented: Nebraska, New York
Why Election Matters: Every vote counts. Election could fit nicely in a number of amendment categories. Allow me to jump the gun on our best movie ever discussions: Election is the best satire of American governence because it moves beltway pettiness to a high school. In democracy, Matthew Broderick points out as a teacher, you get to choose between an apple and an orange. In politics, they're both shaped like Tracy Flick (Reese Witherspoon): the ladder-climber whose every decision concerns how to get elected (class president).
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18th Amendment
Prohibited the sale of alcohol in the US. Direct result: bootlegging, speakeasies and organized crime.
Elected American Film Representative: Miller's Crossing (1990)
State Represented: Louisiana
Why Crossing Covers: The Coen Brothers' prohibition saga best fits because of their dry comedic flourishes. Prohibition and gangster culture were silly bedfellows because they expose corruption from different angles: political, policing and personal. Miller's Crossing is one of the few prohibition era films to focus on the gangsters but not to charm you into emulating them, while also showing cops and politicians are also in on the take.
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19th Amendment
Prohibited an exclusion to vote on the basis of gender. This amendment was passed 50 years after previous voting rights alterations.
Elected American Film Representative: Iron Jawed Angels (2004)
States Represented: Illinois, Virginia
Why Angels Represents: Because it's the only American women's voting rights movie that we could think of. Which is depressing, really. We've seen Renee Zellweger play a British suffragette (Miss Potter), soon so will Meryl Streep (in the upcoming Suffragette). Not surprisingly, Hollywood is more likely to make films admonishing another country's second class treatment of women than to reflect on our country's own slow movement on women's rights (hello, Supreme Court 2014!).
So, until there is another American reflection on our own homegrown women's rights heroes, this TV film, with Hilary Swank and Frances O'Connor starring as the real-life jailed suffragates Alice Paul and Lucy Burns, will have to do by default.
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20th Amendment
All elected officials -- the President, Vice President, Senator and Representatives -- had to report two months earlier for work: January. FDR was the first administration who didn't get the extra cushion before starting his gig. But this amendment was a response to how long FDR and other officials had to wait before the could begin tackling massive national problems during the Great Depression (Amended 1932). The country needed FDR to report to work earlier.
Elected American Film Representative: W. (2008)
States Represented: Texas, Massachusetts
Why W. Applies: This was the hardest amendment to align. Granted Lincoln could also fit here because Lincoln used the "lame duck" time in January to assist in passing the 13th amendment (knowing how already-elected members of Congress would vote). But W. applies because the recount process of the 2000 election was sped up, not just because people wanted closure on the debacle, but also because the votes needed to be counted before the winter break started, in time for a president to be sworn in by January 2001.
Also, agree with his politics or not, but Oliver Stone is a patriotic filmmaker who should have a film placed on this list. And there's plenty to like in W. It's probably ripe for a re-evaluation. Liberals and Conservatives expected a vicious film from Stone, especially during the monumental 2008-election year, but instead Stone goes centrist. And the film is better because of it.
Now, the rush to get Bush into office in January... that's an entirely different 4th of July debate.
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21st Amendment
Ending the prohibition on alcohol. Side effects include: increases in alcoholism and population. And jazz is born.
Elected American Film Representative: The Untouchables (1987)
State Represented: Illinois
Why The Untouchables Registers:
This is another bootlegging gangster chronicle, showcasing the cop, Elliot Ness (Kevin Costner) who brought down the biggest fish in the prohibition pond, Al Capone (Robert De Niro). Why's it fit the 21st amendment, though? The final lines of the movie are Ness' response to a reporter's question about what he'd do if prohibition is repealed. His answer? "Have a drink." -
22nd Amendment
After FDR won four terms of presidency (he served three and died before completing the fourth), the US government determined that a two-term limit was ideal to keep the nation from potentially becoming a monarchy. They looked at founder George Washington's refusal to run for a third term, combined with FDR being the only president who successfully won a third term, as the reason for choosing two.
Elected American Film Representative: Escape from L.A. (1996)
States Represented: California, Virginia
Why L.A. Places: We are currently in the midst of a futuristic distopia film frenzy. In that regard the level of disrepair in Escape from L.A. is absurd. But that makes it fun, something our current dystopia films and their penchant for a constant serious approach, is sorely lacking.
The level disrepair of in this sequel to Escape from New York is mostly due to the fact that the President (Cliff Robertson) has changed the Constitution for him to be elected for life. He also made LA a colony for criminals and moved the capitol from D.C. to Lynchburg, Virginia. Other President for Life decrees? Anyone who doesn't comply with New Moral America -- drinking alcohol, smoking cigarettes, having sex outside of wedlock, atheism and not believing in a Christian God -- will be exiled to lawless Los Angeles. Hmmm, actually, maybe it's not absurd. That sounds similar to how some of our lifetime appointed Supreme Court justices want to shape America.
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23rd Amendment
Gives Washington, D.C. delegate representation in the Electoral College (representative number is equal to the amount of delegates given to the lowest populated state).
Elected American Film Representative: Mr. Smith Goes to Washington (1939)
States Represented: An unnamed western state, seemingly one low in population and full of national naiveté
Why Smith Resonates: While Smith
doesn't involve the Electoral College, it is about him going to Washington! And Frank Capra's ode to American idealism, right down to a corrupt Senator who gives himself up when he witnesses full-blown American do-goodery, can't not be on our list somewhere.Look, we've had some snarky comments here, but the American Constitution is a very good document and sometimes we need to be reminded of idealist virtues conquering inactivity and getting things accomplished in DC other than re-election. Here's to you Mr. Smith (Jimmy Stewart) and your Boy Rangers!
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24th Amendment
Prohibits the use of implementing a poll tax on registered votes (a tactic being utilitzed in some counties against both African American voters and impoverished voters).
Elected American Film Representative: Lee Daniels' The Butler (2013)
States Represented: Georgia, Arkansas, Tennessee, Alabama
Why The Butler Claims: Let's keep this short and sweet. There's a scene in The Butler where Lyndon B. Johnson (Liev Schreiber) signs this amendment into constitutional law following the brutal enforcement of voting intimidation in Selma.
Additionally, Selma (which Lee Daniels was attached to direct before The Butler, but funding fell apart) will be released at the end of this year (directed by Ava DuVernay).
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25th Amendment
After a rash of assassinations of prominent American leaders (John F. Kennedy, Martin Luther King, Jr., Robert F. Kennedy) and the threat of the Cold War, this amendment laid out the order of individuals that would assume the role of the acting president, as well as who would replace the Vice President.
Elected American Film Representative: The Man (1972)
State Represented: New Hampshire
Why The Man Ascends: Based on a book that was written prior to the passing of this amendment, the author (Irving Wallace) theorized his own chain-of-command following the Vice President. A domino effect of staffers dropping from being able to perform their duties as acting president gets to the last straw where -- gasp! -- an African American member of Congress (here played by James Earl Jones, as the Speaker of the House) would suddenly become president. The Man was adopted by Rod Serling, the creator of The Twilight Zone.
Wallace thought that this was the only way that an African American would ever be an American president. Prior to Obama's election, let's give Hollywood some credit, they cast Morgan Freeman, Chris Rock and Dennis Haysbert in presidential roles prior to 2008 (generally when the world was about to end, but hey!). And, post-Obama/Django, Jamie Foxx got his turn, too.
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26th Amendment
Following a publicly unpopular war in Vietnam, the US government conceded to one of the opposition's major talking points: drafting soldiers to fight and die for their country that aren't of legal age to vote is wrong. The voting age was dropped (from 21) to 18.
Elected American Film Representative: Wild in the Streets (1968)
State Represented: California
Why Streets Represents: Made three years before the amendment passed Streets proposes that the root of the voting age being 21 is because parents mistrust their children. Wild in the Streets gets ludicrous. Reefer Madness ludicrous. A popular teen band plays a Rock the Vote type event for a Senatorial candidate (Hal Halbrook) who's trying to lower the age to 18. In an act of rebellion Max Frost chants for the age to be 14 and causes a revolt.
Eventually Max becomes president and anyone over 35 is placed into a re-education/retirement community where they are forced to continually take LSD. The counterculture advice "don't trust anyone over 30" is a midnight rock 'n roll romp (with the added bonus of Richard Pryor on drums).
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27th Amendment
The last ratified constitutional amendment took 202 years to pass. From 1789 to 1992. Not surprisingly, the snail's pace amendment concerned the elasticity of pay for elected officials. It states that their salary cannot change except for the start of each year.
Elected American Film Representative: Idiocracy (2006)
State Represented: Washington, D.C. isn't a state, idiot.
Why Idiocracy Plays: Well, we elected these idiots who don't seem to do anything other than try to get re-elected.
