Comments and Meaning of the Constitution and Amendments
by Seth Hollist
Copyright © Rotisory Foundation 2003-2008
As any good document should have an opening statement - the constitution for example - I feel inclined to do likewise. The opening defines the reasoning and need for the document, and can also aid in better understanding it's meanings, purpose, and proper interpretation.
This is my personal attempt at explaining what the Constitution was designed to do, and to help others better understand the meaning originally intended by our founding fathers, and those who have created amendments to it. This interpretation was originally created in 2003, and continually revised threw to 2008.
"Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government." - James Madison
The Constitution has been interpreted many times in many ways, and I feel that more often then not, the original intended meaning is forgotten. I feel that to truly understand the Constitution, one must understand the original intent and philosophies of the Founding Fathers; however, there are some who feel that in order to "keep up with the times" we must look at The Constitution as a living breathing document. Although there is an amendment process to allow for modification to the Constitution, I feel that beyond this it is dangerous to allow free interpretation of the document that changes it original meaning and intent. If you think of it as the foundation of our country, and compare it to the foundation of a house, how well do you think your house would hold up if its foundation was "living and breathing" or in other words constantly changing. How long do you think your house would remain standing? It would in fact eventually fall, and in comparison, so will the United States of America if we do not stick - with great integrity - to the principles, and ideals it was established with. This is also why I believe the most important decision to base who to elect as our government officials is to the integrity of the person, because despite there personal belies or desires they will be compelled to hold true to the foundation of our government.
This is not to say that we should take every personal opinion of every founding father and try to apply it to the constitution, as that would result in confusion and misinterpretation as well. The founding fathers certainly had their disagreements, but they were able to work threw them and come up with a form of government that they all knew would serve this country well, so long as the people held true to it's principles. As we as people continue to deviate and divide ourselves from the moral and principled foundations of our country, we will undoubtedly divide and fall as a nation. This is also why a supper majority is so necessary for constitutional amendments. A simple majority could cause a definite split in the country, but a super majority insures that only a small minority disagrees, as can always be expected in a society that allows it's people to think for themselves.
Another belief of mine is that people should have the right to think and do what ever they wish (the basic meaning of freedom) as long as it doesn't interfere with the rights of others to do the same. As such I also believe that if the Constitution doesn't specifically mention something, it wasn't intended for the National Government to regulate , control, or ensure, but rather left up to the States (see Amendment 10).
This is for Amendment 10 -> This idea can also be seen when studding many of the founding fathers who when back to there individual states and setup schools, and other types of social programs. There were however some Founding fathers who wished the Federal government to be more powerful, but I think that history will show that such power can create many problems and has no place in a nation that believes in the free world and/or market.
The first column contains the Constitution of the United States of America as it stands today. Words marked in red have been removed from the documents original writing, and words marked in blue have been added since it's original writing (with the exception of the Bill of Rights which were perposed by congress in 1789). Those marked in Purple were added and then removed.
The Second column contains, as to the best of my knowledge and belife, the original meaning and intent of the constitution. I've split it up into sections and put them side by side to help better aid in reading the two documents. I've also made sub-section with the use of bolding. I suggest reading the corresponding part in the constitution before reading my comments on it, and a basic understanding of the Government of the United States of America will also be helpful. If you wish to make comments to me about this document you may do so by placing comments at seth.hollist.org.
[For full official texts see: http://www.archives.gov/exhibits/charters/charters.html]
The Constitution was adopted by a convention of the States on September 17, 1787 then ratified by the several States on the following dates: Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788. Ratification was completed on June 21, 1788. The Constitution was subsequently ratified by Virginia, June 25, 1788; New York, July 26, 1788; North Carolina, November 21, 1789; Rhode Island, May 29, 1790; and Vermont, January 10, 1791.
In May 1785, a committee of Congress made a report recommending an alteration in the Articles of Confederation, but no action was taken on it, and it was left to the State Legislatures to proceed in the matter. In January 1786, the Legislature of Virginia passed a resolution providing for the appointment of five commissioners, who, or any three of them, should meet such commissioners as might be appointed in the other States of the Union, at a time and place to be agreed upon, to take into consideration the trade of the United States; to consider how far a uniform system in their commercial regulations may be necessary to their common interest and their permanent harmony; and to report to the several States such an act, relative to this great object, as, when ratified by them, will enable the United States in Congress effectually to provide for the same. The Virginia commissioners, after some correspondence, fixed the first Monday in September as the time, and the city of Annapolis as the place for the meeting, but only four other States were represented, viz: Delaware, New York, New Jersey, and Pennsylvania; the commissioners appointed by Massachusetts, New Hampshire, North Carolina, and Rhode Island failed to attend. Under the circumstances of so partial a representation, the commissioners present agreed upon a report, (drawn by Mr. Hamilton, of New York,) expressing their unanimous conviction that it might essentially tend to advance the interests of the Union if the States by which they were respectively delegated would concur, and use their endeavors to procure the concurrence of the other States, in the appointment of commissioners to meet at Philadelphia on the Second Monday of May following, to take into consideration the situation of the United States; to devise such further provisions as should appear to them necessary to render the Constitution of the Federal Government adequate to the exigencies of the Union; and to report such an act for that purpose to the United States in Congress assembled as, when agreed to by them and afterwards confirmed by the Legislatures of every State, would effectually provide for the same. Congress, on the 21st of February, 1787, adopted a resolution in favor of a convention, and the Legislatures of those States which had not already done so (with the exception of Rhode Island) promptly appointed delegates. On the 25th of May, seven States having convened, George Washington, of Virginia, was unanimously elected President, and the consideration of the proposed constitution was commenced. On the 17th of September, 1787, the Constitution as engrossed and agreed upon was signed by all the members present, except Mr. Gerry of Massachusetts, and Messrs. Mason and Randolph, of Virginia. The president of the convention transmitted it to Congress, with a resolution stating how the proposed Federal Government should be put in operation, and an explanatory letter. Congress, on the 28th of September, 1787, directed the Constitution so framed, with the resolutions and letter concerning the same, to "be transmitted to the several Legislatures in order to be submitted to a convention of delegates chosen in each State by the people thereof, in conformity to the resolves of the convention." On the 4th of March, 1789, the day which had been fixed for commencing the operations of Government under the new Constitution, it had been ratified by the conventions chosen in each State to consider it, as follows: Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, June 25, 1788; and New York, July 26, 1788. The President informed Congress, on the 28th of January, 1790, that North Carolina had ratified the Constitution November 21, 1789; and he informed Congress on the 1st of June, 1790, that Rhode Island had ratified the Constitution May 29, 1790. Vermont, in convention, ratified the Constitution January 10, 1791, and was, by an act of Congress approved February 18, 1791, "received and admitted into this Union as a new and entire member of the United States."
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The Constitution of the United States of America |
Comments and Meaning of today’s Constitution |
If I were to re-wright the constitution in todays language, and considering the problems of the last 200+ years, here's what I make it be. |
| We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. | Just as I said before, any good document should have an
opening statement, so does The Constitution
of the United States of America.
Basically, it tells us that it's attempting to set up some basic rules and
standards by which the people of the U.S. of A. can and should expect their
government to abide by.
The most important part of this paragraph are the first three words. It is a very bold statement signifying that the government is by the people, for the people, and of the people. This is good and bad. Good because it lets the people stay in control. Bad because when people become lazy and complacent, they end up being controled by the few who are power hungary and/or have special interests at hart. Many people like to blame the government for problems, but as we can see here the blame is truly on the people who put, or failed to put, their respective representatives into office. |
We the People of the United States of Earth, in order to form a more perfect Union, establish justice, promote domestic tranquility and the general welfare, provide for a common defense, and secure the blessings of freedom and liberty to ourselves and our posterity, do ordain and establish this The Constitution for the Planet Earth. |
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All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. |
Article I establishes
the Congressional branch of the government, along with it's basic
composition, purpose, and duties.
Section 1 establishes the Congressional branch, gives it law making powers, and breaks it up into two governing bodies. These two seperate bodies gives congress it's own internal check and balance, and makes the representation of smaller states move evenly matched with the larger ones while still allowing for more even representation of the general populas. The two branches were created through what was called "The Great Compromise" Some wanted Congress to have the same representation from each state, were others wanted even representative of the general populas. The Compromise created the House to give one Representatives to represent the people of a given geographical district, and the Senators are to represent there respective states as a whole. |
Artical 1 Section 1 All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. |
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The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. |
Section 2 defines
the House of Representatives.
Clause 1 defines the composition of the house, when elections are to occure and by what minmal standards, and leaves it up to the states to decide how to carry out the elections. This allows the states to define the representative zones of the state, and leaves it up to the people of the state to decide who they want to represent them. The 19th and 26th Amendments set an addtional standard regarding age and sex of voters. Clause 2 gives age and citizenship requirements, and also requires the elected officials to move out of the state they represent. I belive this was to insure they move to the nations capital so they can perform their duties. Highlighted potion was modified by section 2 of the Fourteenth Amendment. Clause 3 defines how many representatives each state will have. Originally slaves (all other persons) were valued at three fifths (3/5) of a person. It also establishes the need for the sensuous law that require us all to check in at the beginning of each decade. This then determines the representation (and federal support) each state is entitled to. It also defined the initial representation of the original 13 states in the union. The Highlighted potion was modified by section 2 of the Fourteenth Amendment which abolished slavery, and has also been affected as to taxes on incomes without apportionment by Amendment 16. Clause 4 basically says that vacancies should be field as soon as possible, through an election under the direction of the respective states executive branch. Clause 5 tells the House it should pick one of them to be the head, or speaker as well to pick others to fill other roles and offices within the house. It also gives the House the power to Impeach. This Impeachment power is just one of the checks and balances, and this one in particular has been used as a check to make sure the Executive branch does it's job appropriately. |
Section 2 Clause 1: The House of Representatives shall be composed of real persons chosen every second year, on even numbered years, for a term not to exceed three years, with no limitations as to the number of consecutive terms, and to be elected directly by the people whom they represent, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature unless higher standards are required. Clause 2: if vacancies happen by Resignation, or otherwise, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, that the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. Clause 3: No Person shall be a Representative who shall not have attained to the age of twenty one years, and been a citizen of their respective State or its respective territory for at least seven years when elected. Clause 4: Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State. The actual enumeration shall be made every tenth year, in such Manner as they shall by Law direct. The number of Representatives shall not be less then one for every thirty thousand real persons, nor may any representative represent more then sixty thousand real perons, but each State shall have at least one Representative. Clause 5: When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. Clause 6: The House of Representatives shall choose their Speaker and other Officers, and shall have the sole Power of Impeachment. |
| Section. 3.
The Senate of the United States shall be composed of two Senators from each State, Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. |
Section 3 defines the Senate. Clause 1 allows for two senators from each state, and defines how they should be elected. The Highlighted potion was modified by the 17th amendment. Because of amendment 16 (Federal Income Tax) our government leaders felt it only proper to let the people elect the senators and also passed the 17th amendment (No Taxation without Representation). What most people don't realize is that these two amendments were also necessary to for the Federal Reserve Act (pass around the same time) to work the way it does today, which allowed the creation of our current monitary system. If you wish to know more about how this all works together, you'll want to check out a book called The Creature from Jecklle Island by G. Edward Griffin. Clause 2 sets up a staggered election cycle within the senate. This insures that only a maximum of 1/3 of the senate is replaced every two years. It also give direction as to how to handle vacancies. As with clause 2, The highlighted potion was modified by the 17th amendment. Clause 3 sets the age and citizenship limits, as well as residency requirements similar to that of the House. Clause 4 defines the role of the Vice President within the the Senate, and gives the Vice President a tie breaker vote in cases of a tie within the senate. This is is also another Check and Balance within the Federal Government because it allows the Executive branch to have some say, although limited, as to the happenings within the Senate. Clause 5 tells the Senate to elect a second in command to the Vice President, called a "President pro tempore" who is also Third in line to the Presidentcy. It also says the Senate should have other Officers just as with the House. These other Officers, are know today as heads of committees, and other such things, as defined by the Senate's own rules. This clause has also been affected, but not modified, by section 3 of the 20h amendment. which provideds guidlines for cases when the President Elect is unable to take office. Clause 6 gives the Senate to power to review all Impeachments put forth by the House through a trial headed up by the Chief Justice. It also states that 2/3 of the Senate are required for Conviction. In other words when the House Impeaches someone, what is really happening is that the government officer is being put on trial before the Chief Justice with the Senate being the Jury. Clause 7 limits the extent of an impeachment, and that a separate trial is required to hold the impeached person liable to criminal law based upon the law. Ammendment 20 also provides additional guidlines for the succession of the office of President. |
Section 3 Clause 1: The Senate of the United States shall be composed of two Senators from each State, chosen according to legislation passed by the Legislature of the respective State, for six Years, with no Senator serving longer then three consecutive tearms, but with no overall limit to the total number of tearms served; and each Senator shall have one Vote. Clause 2: The Senate shall be divided as equally as may be into three classes, so that one third may be chosen every second year on even numbered years; and if vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. Clause 3: No Person shall be a Senator who shall not have attained to the age of thirty years, and been a citizen of their respective State or its respective territory for at least nine years when elected. Clause 4: The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. Clause 5: The Senate shall choose their other officers, and also a Head Speaker, who shall act as President of the Senate in the absence of the Vice President, or when he shall exercise the Office of President of the United States. The Head Speaker, retains one vote unless the Senate is equally divided in which case the Head Speaker shall have two votes. Clause 6: The Head Speaker shall also be third in line to the President of the United States, and assume that role should the President and Vice President be unable to continue in that capasity until a new election can be held. An Acting Head Speaker of the Senate shall be chosen by the Senate durring such times. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, or is otherwise unable to take office, then the Vice President elect shall act as President until a President shall have qualified or until a new election can be held; and the Head Speaker shall become the acting Vice President. The House Speaker shall act as Vice President wherein neither a President elect nor a Vice President shall have qualified, and such person shall act accordingly until a President or Vice President shall have qualified. Congress may by law privide for addtional cases wherein situations arrise that are not addressed herein. Clause 7: The Senate shall have the sole power to try all impeachments; When sitting for that purpose, they shall be on Oath or Affirmation. When the President or Vice President of the United States or Head speaker of the Senate is tried, the Chief Justice shall preside; otherwise the President of the Senate will preside: And no United States officer shall be convicted without the concurrence of two thirds of the members present. Clause 8: Judgment in cases of Impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office, trust or profit under the United States: but the person convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. |
| Section. 4.
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the |
Section 4 further defines election rules for Congress. Clause 1 gives the States the right to determine how best to elect there respective members of congress; however, it also give Congress the right to make laws that regulate the states in this matter. Ammendment 20, section 1 affects this clause by requireing all Senators and Representatives have their terms end of the 3rd of January. Clause 2 defines when Congress should meet, but gives; however, it gives Congress the ability to change the date. Ammendment 20, seciton 2 changed the date when Congress meets. |
Section 4 Clause 1: Voting for Senators and Representatives shall be compleated by the first Tuesday in November in the year prior to the begining of their respective terms in office, but shall not commence until less then 30 days before the prescribed day of compleation. Votes shall be tallied by the end of November; unless congress shall by Law appoint different times for that respective year, so long as such law is passed and States are notified at least 60 days before commencement of voting. Clause 2: The Times, Places and Manner of holding Elections shall be prescribed in each State by the Legislature there of; however, it is the responsability of the Congress, through passage of Law, to insure States have minimal elections standards. Clause 3: The Terms of Senators and Represetatives shall end at noon on the second Tuesday in January, of the years in which such terms would have ended; and the terms of their successors shall then begin. Clause 4: The Congress shall assemble at least once in every year, for a length of time to be determined by legilation of each respective house, and such meeting shall begin at noon on the second Tuesday in January, unless they shall by law appoint a different day. Clause 5: The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of sex, race, religion, age, or any other affiliation so long as they are real persons; unless the indivilual has been fairly tried and convicted of high crimes, or is currently incarserated at the time elections take place. |
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Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. |
Section 5 gives
the House and the Senate the ability to govern themselves as they see fit.
Clause 1 give each of the two separate Houses in Congress the ability to determine the validity of the elections and qualifications, as well as dismiss from office, of each of it's members. It also requires a majority to be present in order to do business, as well as allowing for members to basically take time off to attend to other business. It also allows for each house to determine penalties for to those who are absent when they shouldn't be. Clause 2 give each house the ability to wright the rules by which they function, as well as punishments for those who don't follow the rules. It also states that 2/3 of the house is required to remove one of it's own members from office. Clause 3 sets up the requirements for making available to the public, the proceedings of each House, but also allows for some secrecy. Clause 4 puts more limitations on when and were they can meet and adjourn. |
Section 5 Clause 1: Each House shall be the judge of the Elections, Returns and Qualifications of its own members; especially if such elections are disputed or incompleate. A majority of each shall constitute a Quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide. Clause 2: Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two thirds, expel a member; such punishments shall not exceed those allowed by Impeachment. Clause 3 Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the Yeas and Nays of the members of either House on any question shall, be entered on the Journal. The members of the either house may at any time vote by a two thirds majorty, to compell the publication of any part of the records of the other. Clause 4 Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. |
| Section. 6.
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. |
Section 6 defines the rights and privileges of being a member of congress. Clause 1 gives members of congress compensation for their services. It also gives them immunity from the law while performing their duties in congressional sessions, and when coming, or going from a session. (This Clause has been affected by amendment XXVII.) Clause 2 restricts members of congress from serving in any other public office. |
Section 6 Clause 1: The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. Clause 2: No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened. The compensation shall not in any case exceed the equivilant value of 1000 ounzes of Gold or 40000 ounzes of Silver, which ever is greater, per year; excluding any reimbursed expenses directly incured as part of their role in office. Clause 3: No Senator or Representative shall, during the Time for which he was elected, be appointed to nor seek election of any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of nor seek election to either House during his Continuance in Office. Clause 4: No person my attempet to be elected to a United States office if they are already seeking election for any other government office in the same year, nor hold another office in that same year they seek election unless they are seeking reelection for the office they already hold. Clause 5: Any person elected to an office of the United States must be eleigable to vote for the same office for which they are elected; addtional qualifications may be set by the laws of the respetive States, but no State may pass laws restricting the voting rights or qualifications for office of any person that are in direct conflict with the qualifications set for in this constiution, nor may such laws be respective towards any specific group of real persons. |
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Section. 7. Clause 1: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Clause 2: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. Clause 3: Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. |
Section 7 give guidelines for creating laws. Clause 1 give the house soul responsibility for the governments income. Clause 2 give requirements for a bill to become law, and also gives a check and balance between the congressional and the Executive branches of the government. Basically both houses and the President must approve a bill for it to become law. The president can reject a bill, but congress can still pass it with 2/3's approval despite what the president does. It also gives time limits, and other stipulations that can default the bill into becoming law, or to be rejected. Clause 3 basically says that if both houses have to approve something, other then adjournment, so does the president, and with rules similar to those in clause 2. |
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Section. 8. Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; Clause 2: To borrow Money on the credit of the United States; Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
Clause 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; Clause 7: To establish Post Offices and post Roads; Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; Clause 9: To constitute Tribunals inferior to the supreme Court; Clause 10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; Clause 11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; Clause 12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; Clause 13: To provide and maintain a Navy; Clause 14: To make Rules for the Government and Regulation of the land and naval Forces; Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; Clause 16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; Clause 17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, byCession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And Clause 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. |
Section 8 defines what powers congress has. Clause 1 gives congress the power of taxation, but also says that any collected taxes have to be used for the "general Welfare of the United States." It also says that all taxation much be uniform for the Nation as a whole. Clause 2 allows the U.S. of A. to go into dept. I personally wish it further defined that it could only go into dept for a few specific reasons, such as during times of war. Clause 3 mean that congress can make laws, collect taxes, and other such things to control and regulate the transfer of good between nations, between states, and with what today we call "Native Americans." Clause 4 gives congress the right to create Naturalization (becoming a citizen), and Bankruptcy laws. Clause 5 I find to be rather interesting because in my opinion regulating the value of money is in opposition to natural laws; however, it can also be interpreted as simply meaning they can say that a quarter is worth 1/4 of a dollar and a dollar is worth one grain of gold, but then determining how that relates to foreign currencies can get rather complicated (and very anti-free market) especially if either or both currencies are not backed by the same thing such as gold. Making a set of Weights and Measures is certainly important as well, but again I think the world had done a good job on making such standards on it's own. On interesting thing to note about this clause is the economic disaster the Colonies were experiencing during the 1780's due to the massive amounts of paper money being printed by each colony (also known as Fiat Money), and the extraordinary Inflation it was causing. Although this was the means by which the revolutionary war was funded, it certainly was a rather big problem that required fixing. With the new Congress in charge of money, and the individual stats no longer allowed to have any control over it, and the fact that they backed the money with gold and silver, there was a rather quick and amazing economic recovery that also allow the U.S. of A. to move itself to the head of the class when it came to world wide economic power. Unfortunately by 1913 these lessons were long forgotten as we can see from the unconstitutional Federal Reserve Act that took the money making and regulation powers away from Congress. Clause 6 basically allows them to make laws to determine punishment for breaking other laws. Clause 7 give congress the right to create the United States Post Office. Clause 8 is the basis behind copy right protections. Originally the idea was to allow the free exchange of ideas and the sharing of talents without the worries of other taking credit for something they did not do. Unfortunately today it has gone way beyond that to the point of restricting the free exchange of ideas and sharing of talents. Clause 9 basically allows congress to make lower courts, or as we know them today, as District Courts. Clause 10 gives congress the ability to define punishment for things that happen outside of the Territorial limits of the U.S. of A., but implies that they are somehow still under the jurisdiction of the U.S. of A. (such as military ships, or other such things under a US charter). Clause 11 gives congress to define the art of war, and causes the President to get permission to go to war even though he is in charge of the armed forces. This is another check and Balance within the constitution. Clause 12 give congress the responsibility to insure our armed forces are properly funded, but also restricts that funding to a two year period. This basically means that at least every two years the armed forces have to come back to congress for more money. Clause 13 is just a further definition of the responsibilities congress has toward our armed forces. Clause 15 is one justification for the Civil War, as it allows congress to send the Armed forces into areas of the nation that are becoming unlawful. It also says the Armed forces should be used to secure the nation from invasion. Clause 16 says that congress is also responsible for the Armed forces training, organization, equipment, etc. Clause 17 gives congress the right to secure property to be used for it needs, but also restricts the property to a total size of ten square miles. Somehow Congress has gotten around this, as much of our land today is controlled by Congress in the form of national parks, reserves, and other such things. Clause 18 basically says that if it's not written in the constitution, congress will have to figure out how to do it themselves, and I'd say they have been more then successful in creating many laws of the many decades and centuries they have been operation. If you ask me we have too many laws to were most people don't know or understand them, and in some cases don't care either. It certainly takes a life long endeavor full of specialization to understand even some of it. |
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Section. 9. Clause 1: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. Clause 2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Clause 3: No Bill of Attainder or ex post facto Law shall be passed.
Clause 4: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. (This Clause has been affected by amendment XVI.) Clause 5: No Tax or Duty shall be laid on Articles exported from any State. Clause 6: No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. Clause 7: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. Clause 8: No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. |
Section 9 is rather vague unless you understand some terminology that I'll do my best to explain, but basically this section deals a lot with, and is derived from civil liberties that were denied the colonies under the rule of the Kind of England; along with issues of export/import taxes and the regulation of trade. Clause 1 refers to states allowing Immigration, and a tax that can be placed on them, however it also states that this allowance to the states will end in 1808. Clause 2 talks about Writ of Habeas Corpus only being suspended when public safety is at stake. A Writ of Habeas Corpus is basically the right to make an inquiry into the lawfulness of the restraining of a person who is imprisoned or detained. Habeas Corpus basically means "you have the body" and in this case is designed to prevent people from being held unlawfully. This clause basically allows for a judicial mandate to a prison official ordering them to bring an inmate to court so it can be determined if the person is imprisoned lawfully, and if so to have them released. The petition must show that the court ordering the detention made a legal or factual error, and are usually filed by those in prison, but can also be filed by other fill they are held unlawfully, or even by parents who have been denied custody of a child. Clause 3 forbids Bills of Attainder or ex post facto law, but understanding what that means can be a challenge. Attainder is basically when someone or something is condemned or outlawed, and ex post facto is something done from or by an after act. Basically this prevents congress from passing laws that condemn/confiscate someone/something with out a trial, or after the fact. In other words it criminalizes conduct that was not a crime when it was committed. For example, if you do something perfectly legal now, and then congress passes a law against it, they cannot make that law retroactive back to when you committed what would now be considered a crime. This can also be interpreted to include property rights, and other civil liberties, but unfortunately there are now many laws, and court cases that allow these kinds of things to happen. There is a "Bill Of Attainder Project" which is a civil liberties group started in Oklahoma, started and lead by Thomas M. Saunders who is a Certified Linguist, and who has put extensive research into this matter (see: http://www.isc-durant.com/tom/billofattainder/). They are dedicated to having the phrase, "Bill of Attainder" defined in the law as: "A law or legal device which outlaws people, suspends their civil rights, confiscates their property, punishes or puts people to death without a trial." This Basically means that states cannot plunder life, liberty, civil rights, or property. Clause 4 is basically the idea of no taxation without representation. This idea came from the King of England putting taxes on the colonies even through they had not representation in the Parliament. (This Clause has been affected by amendment XVI.) Clause 5 prevents taxes on interstate commerce. Clause 6 puts further restriction on the regulation of interstate commerce, and is meant to insure fairness between states. Clause 7 restricts congress from using U.S. Treasury money without first passing a law, and accounting for it's use. It also require that congress make it's financial records available to the public. Clause 8 insures that nobody is given titles of nobility by the United States in an effort to prevent any Kings or other royalty from popping up with the United States Government. It also restricts Government Officials from appointing persons to certain positions without consent from Congress. |
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Section. 10. Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. Clause 2: No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. Clause 3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. |
Section 10 puts limitations on the States for things that are meant to be under the power of congress Clause 1 restricts the states from participating in international affaires, getting loans, requires them to pay Debts with nothing other then gold and silver (which excludes our current money system - meaning Federal Reserve Notes - so that basically states cannot financially function today without being unconstitutional), to make laws that impaired the ability to fulfil contracts, or to give Titles of Nobility. It also mentions restrictions on Bills of Attainder and ex post facto Law which I explained above, as these same restriction were placed on congress. Clause 2 basically gives congress the right to control taxes put on imports and exports, unless they give permission to the state, but allows the state to collect import/export taxes for the soul purpose of funding inspections on imports/exports, but requires that any excess after paying for these inspections is to be given to the U.S. Treasury. Clause 3 further restricts the ability to states to impose taxes, as well as restricting them from possessing items of war during times of peace. It also keeps states from making alliances with other states or countries, or engaging in war except in cases of self defense. This clause can be interpreted as reason for the unlawfulness of the confederate army during the Civil War, and thus gives the justification for the war; however, this idea only holds up if you consider cessation from the union to also be unlawful. |
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Article. II. Section. 1. Clause 1: The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows Clause 2: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. Clause 3: The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. (This Clause has been superseded by amendment XII.) Clause 4: The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. Clause 5: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. Clause 6: In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, (See Note 9) the Same shall devolve on the VicePresident, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. Clause 7: The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Clause 8: Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." |
Article II sets up the Executive Branch of the Government, or basically the President and Vice President. Section 1 sets up requirement for eligibility, and election of the executive branch. Clause 1 gives the executive powers of the government to the President and Vice President, and limits there term to four years. Clause 2 sets up what is called the Electoral Collage, which are the people who actually vote for the executive branch. These people are selected by the Legislator of each respective State (who should select representatives who will vote similarly to the popular vote of the people of their state), and each state is allowed to have as many electoral votes as they have members in congress. Many people would like to get ride of this process, and simply go on a nation wide popular vote; however, this would undermined the balance of powers between states as setup within Congress. My opinion is that states should follow the example of Main, where the electoral vote can be split bases on a percentage of how many people vote a certain way. Most states require that all their electoral votes be given to the same political party/candidate. See amendment XIX and section 1 of amendment XXVI.
Clause 3 gives guideline on how the members of the electoral collage should manage the election process. It requires that an out of state person be present to certify the votes given by the electors, and then sent to the Senate to count the votes. This clause also explains how these votes should be counted, and give requirements on how to determine who will become President even if unusual circumstances occur. Originally the Vice President was nearly the runner up in votes for President, but that has since been changes due to the political tensions it created between the two elected persons. Today the President and Vice President run as a single ballot. (This Clause has been superseded by amendment XII.)
Clause 4 gives congress the power to determine the time frames of when the members electoral collage will be selected, and when they will submit their votes; however it requires that the time frame be the same for all states.
Clause 5 requires the president to be a natural born citizen with at least 14 years of residency in the U.S., and to be at least 35 years old.
Clause 6 says the Vice President is second in line if the President is no longer able to perform his duties. It also give congress the power to designate who is next in line after the Vice President if both he, and the President are no longer able to perform their duties.
Clause 7 sets up the Presidents salary, and freezes it's amount fore each election cycle. It also disallows him receiving any other compensation from the government his time in office. (This Clause has been affected by amendment XXV)
Clause 8 gives the required oath of office for the President. It's unfortunate to have seen so many unconstitutional bills signed by various Presidents of the United States. It would be nice to see Presidents who have enough integrity and knowledge to veto any bill that attempts to further regulate and/or control our constitutional rights. |
The terms of the President and the Vice President shall end at noon on the 20th day of January, of the years in which such terms would have ended if this article had not been ratified; (Ammendment 20) |
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Section. 2. Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. Clause 2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. Clause 3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. |
Section 2 defines the powers and responsibilities of the President. Clause 1 puts the President in charge of all military groups, and gives him the power to pardon anyone from a criminal act with the exception of an Impeachment (see: Article I, Section 3, Clause 6) Clause 2 give the President the responsibility to make treaties, nominate Officers of the Supreme Court. It also allows for him to nominate other Officers for positions created through law. It also give a check and balance with requiring Congressional approval of such things, and clarifies that congress is not limited to having the president make nominations for all "inferior Officers." Clause 3 gives the President to the ability to appoint someone to temporarily fill vacancies in the Senate for the period of one session (see Article I, Section 2, Clause 4) |
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Section. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. Section. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. |
Section 3 requires the president to give congress information on the current situation of the Nation, and to make recommendations. It also gives him the power to dismiss congress under extraordinary situations, and if the houses don't agree with when congress should adjourn, he can make the final decision. The President is also in charge of receiving members from foreign governments, making sure laws are enforced, and "Commission all the Officers" or to appoint the cabinet. The Cabinet are basically all the people who work under the President in various capacities. Section 4 requires the removal of the presidents staff in the event of an impeachment, and implies that an Impeachment can happen for conviction of treason, bribery, high crimes, and misdemeanors. |
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Article. III. Section. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Section. 2. Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; (This Clause has been affected by amendment XI)--between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. Clause 3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Section. 3. Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. Clause 2: The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
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Article III sets up the Judicial branch of government by setting up the Supreme Court of Appeals, and giving other guidelines and powers to congress to regulate and create the federal court systems. Section 1 give judicial powers to the supreme court, and gives congress the power to create "inferior" courts. It also gives judges of these courts compensation or payment for their services. Section 2 Clause 1 limits
the power of the courts jurisdiction to the laws "arising under this
Constitution, the Laws of the United States, and Treaties" and so on.
Basically they have no legal power outside of the U.S.A.'s control, or that
does not involve the USA it's citizens or States in some way. This is why
it's ridiculous for the Supreme Court to think they can look to sources
outside of the USA to base ruling on, but in 2003 one of the justices made a
statement that they needed to do just that. This Clause has been affected by amendment XI. Clause 2 says the Supreme Court is reasonable for certain types of cases such as those involving Ambassadors and States. Any other case must first go through lower courts and be appealed to the Supreme court. It also allows congress to make regulations to the functionality of the court systems. Clause 3 says criminal trials must be done by jury within the state the crime was committed. It also allows Congress to decide how unusual situations to this rule may be handled. Section 3 Clause 1 defines what treason is, or in other words, what someone must do to be convicted of treason, and what evidence is needed for someone for such a conviction. Claus 2 gives congress the ability to decided proper punishments for treason, but also give some minimum requirements for punishment.
Given the lifetime tenure of justices, the Supreme Court is almost by definition a "conservative" force, even if what is "conserved" is the liberal vision of an earlier party. Marshall's opinion in Marbury v. Madison (1803) is famous for exemplifying the Court's power to invalidate even a congressional statute thought to violate the Constitution, but it also gave way to interpretation of the constitution in ways it should never have been. The 1810 decision in Fletcher v. Peck, where for the first time the Court struck down state legislation as constitutionally invalid, was also more important than Marbury, in practical terms. Over the half century following Marbury, the combination of the Court's upholding federal legislation and invalidating state legislation deemed offensive to one or another constitutional principle -- usually the contract or commerce clause -- served to bolster the power of the federal government and to provide reins on state powers, but unfortunately it has gone to the extreme and the federal government continues to gain more and more power and control over the states. Unfortunately the constitution doesn't give any specific information on what to do about count justices that may have gone astray, and in many ways they have given themselves powers beyond that originally intended by the constitution. Congress however is given the power to further setup and regulate the court systems, and that would make one think they could also practice there powers of impeachment on supreme court justices simply by passing a law given themselves the power (much like how the supreme court likes to give itself powers). |
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Article. IV. Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. Section. 2. Clause 1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. Clause 2: A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. Clause 3: No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. (This Clause has been affected by amendment XIII.) Section. 3. Clause 1: New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. Clause 2: The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Section. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. |
Article IV talks about interactions between the states and territories, and the rights of the states and congress in these matters. Section 1 give states the responsibility towards taking care of there own records and affairs, but it give congress the power to put general requirements on such affairs. This is meant to create a standard so that all states can easily interact, and all people to easily integrate into a new state. Section 2 Clause 1 basically says that if your a citizen of one state your a citizen of all states, or in other words, citizen ship is universal throughout all states in the the U.S.A. In practical terms, nobody is a citizen of a particular state, but rather a citizen of the nation with residence in a particular state. Clause 2 gives the states the right to request that a criminal who has fled and been captured in another state be returned to their custody. In practice however, the criminal is only captured in s/he has done something within the capturing state, and thus the capturing state gets to try and punish them first. We also now have the FBI that handles cases were the criminals violate national laws, or have committed crimes in many states. This in my mind brings up a question as to the constitutionality of the FBI. Clause 3 is similar to clause 2 but refers to indentured servitude and slavery, which was common in the days when the constitution was created. This clause however has been changed by the Thirteenth Amendment. This Clause has been affected by amendment XIII. Section 3 Clause 1 gives guidelines on how new states can become part of the U.S.A.
Clause 2 give congress more power, and disallows for any unfairness between states, in the dealings of congress. Section 4 gives the National government the responsibility of protecting the states and insuring they maintain a representative for of government. |
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Article. V. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. |
Article V gives guidelines for amending or modifying the constitution. It takes two thirds of congress or two thirds of the states to make a proposal to change the constitution, and then three fourths of the states have to approve the amendment before it is put into law. Unfortunately the Supreme Court today thinks they can change the constitution simply by interpreting differently from what the founding father meant it to by to make it say what ever way they see fit. It also gives some exceptions to this to insure fairness in the process. |
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Article. VI. Clause 1: All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Clause 3: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. |
Article VI talks about finances Clause 1 basically says the U.S. will keep good on all dept that were made under the previous government. Clause 2 basically says that the judges of every state shall be bound by the laws and treaties of the national government. This basically says the State Judges have to listen to Federal law as the supreme law, and thus supercedes state law. Clause 3 requires that any government official must take an oath to uphold the constitution. It also disallows any religious requirements as a qualification to serve in a public office or job. |
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Article. VII. The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names, GO WASHINGTON--Presidt. and deputy from Virginia [Signed also by the deputies of twelve States.] Delaware Geo: Read Gunning Bedford jun John Dickinson Richard Bassett Jaco: Broom Maryland James MCHenry Dan of ST ThoS. Jenifer DanL Carroll. Virginia John Blair-- James Madison Jr. North Carolina WM Blount RichD. Dobbs Spaight. Hu Williamson South Carolina J. Rutledge Charles 1ACotesworth Pinckney Charles Pinckney Pierce Butler. Georgia William Few Abr Baldwin New Hampshire John Langdon Nicholas Gilman Massachusetts Nathaniel Gorham Rufus King Connecticut WM. SamL. Johnson Roger Sherman New York Alexander Hamilton New Jersey Wil: Livingston David Brearley. WM. Paterson. Jona: Dayton Pennsylvania B Franklin Thomas Mifflin RobT Morris Geo. Clymer ThoS. FitzSimons Jared Ingersoll James Wilson. Gouv Morris Attest William Jackson Secretary
ARTICLE VII The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth IN WITNESS whereof We have hereunto subscribed our Names, Go. Washington - Presidt. and deputy from Virginia New Hampshire John Langdon Nicholas Gilman Massachusetts Nathaniel Gorham Rufus King Connecticut Wm: Saml.Johnson Roger Sherman New York Alexander Hamilton New Jersey Wil: Livingston David Brearley Wm. Paterson. Jona: Dayton Pennsylvania B Franklin Thomas Mifflin Robt Morris Geo. Clymer Thos FitzSimons Jared Ingersoll James Wilson Gouv Morris Delaware Geo: Read Gunning Bedford jun John Dickinson Richard Bassett Jaco Broom Maryland James McHenry Dan of St Thos. Jenifer Danl Carroll Virginia John Blair James Madison Jr. North Carolina Wm. Blount Richd. Dobbs Spaight. Hu Williamson South Carolina J. Rutledge Charles Cotesworth Pinckney Charles Pinckney Pierce Butler Georgia William Few Abr Baldwin Attest William Jackson Secretary In Convention Monday, September 17th. 1787. Present The States of New Hampshire, Massachusetts, Connecticut, Mr. Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia. Resolved, That the preceding Constitution be laid before the United States in Congress assembled, and that it is the Opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the People thereof, under the Recommendation of its Legislature, for their Assent and Ratification; and that each Convention assenting to, and ratifying the Same, should give Notice thereof to the United States in Congress assembled. Resolved, That it is the Opinion of this Convention, that as soon as the Conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a Day on which Electors should be appointed by the States which shall have ratified the same, and a Day on which the Electors should assemble to vote for the President, and the Time and Place for commencing Proceedings under this Constitution. That after such Publication the Electors should be appointed, and the Senators and Representatives elected: That the Electors should meet on the Day fixed for the Election of the President, and should transmit their votes certified signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled, that the Senators and Representatives should convene at the Time and Place assigned; that the Senators should appoint a President of the Senate, for the sole Purpose of receiving, opening and counting the Votes for President; and, that after he shall be chosen, the Congress, together with the President should, without Delay, proceed to execute this Constitution. By the Unanimous Order of the Convention. Go: Washington Presidt. W. Jackson Secretary. Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty-nine THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution: RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; vizt. |
Article VII give requirements as to how this constitution should be ratified so that it becomes the valid form of government for the United States of America. It also contains names of those involved in the ratification. |
Beyond the effective limits of legal action. |
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ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution. FREDERICK AUGUSTUS MUHLENBERG Speaker of the House of Representatives. JOHN ADAMS, Vice-President of the United States, and President of the Senate. ATTEST, JOHN BECKLEY, Clerk of the House of Representatives. SAM. A. OTIS Secretary of the Senate. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA |
The first ten amendments to the Constitution of the United States (and two others, one of which failed of ratification and the other which later became the 27th amendment) were proposed to the legislatures of the several States by the First Congress on September 25, 1789. The first ten amendments were ratified by the following States, and the notifications of ratification by the Governors thereof were successively communicated by the President to Congress: New Jersey, November 20, 1789; Maryland, December 19, 1789; North Carolina, December 22, 1789; South Carolina, January 19, 1790; New Hampshire, January 25, 1790; Delaware, January 28, 1790; New York, February 24, 1790; Pennsylvania, March 10, 1790; Rhode Island, June 7, 1790; Vermont, November 3, 1791; and Virginia, December 15, 1791. Ratification was completed on December 15, 1791. The amendments were subsequently ratified by the legislatures of Massachusetts, March 2, 1939; Georgia, March 18, 1939; and Connecticut, April 19, 1939. |
Artical ??? The rights set forth in this artical are to be considered as inalianable, and shall not be abridged or restricted by any governing body within the United States; however, such inalianable rights shall not justify any person to infrige upon the rights of another, as shall be defined by congress. Those seventeen years and younger shall be considered as minors and subject to legal gardianship. Said legal gardians, and as defined by legislation, sall be able to decided how much, if any, rights their respective minors shall be entiled to, as said gardians shall be responsible for their respective minors.
The right of citizens of the United States, who are at least twenty one years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any individual State on account of sex, race, color, or cread, and shall not be denied except if convicted of rebellion, or other high crimes. |
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AMENDMENT I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. |