4,993
edits
US Constitution study guide: Difference between revisions
no edit summary
No edit summary |
No edit summary |
||
| Line 248: | Line 248: | ||
Every '''{{#tip-text:Order, Resolution, or Vote| Order, Resolution, or Vote | Every '''{{#tip-text:Order, Resolution, or Vote| Order, Resolution, or Vote | ||
*the Constitution establishes the procedure for making laws (bills) which require both Congressional and Presidential approval | *the Constitution establishes the procedure for making laws (bills) which require both Congressional and Presidential approval | ||
* however, Congress can do other things than just pass laws | * however, Congress can do other things than just pass laws | ||
* these are defined as "orders," "resolutions" or "votes" -- on anything | * these are defined as "orders," "resolutions" or "votes" -- on anything | ||
| Line 271: | Line 270: | ||
* here the Constitution addresses the slave trade (as ever, without calling slavery by its name) with the compromise that importation of slaves end by that date | * here the Constitution addresses the slave trade (as ever, without calling slavery by its name) with the compromise that importation of slaves end by that date | ||
* Southern states agreed to the prohibition largely out of the necessity of compromise along with the notion that the end of slave importation would enhance the value of existing slaves | * Southern states agreed to the prohibition largely out of the necessity of compromise along with the notion that the end of slave importation would enhance the value of existing slaves | ||
* by 1808, the South no longer objected to an importation ban and the "Act Prohibiting Importation of Slaves" was passed in 1807, banning importation of slaves as of January 1, 1808}}''' | * by 1808, the South no longer objected to an importation ban and the "Act Prohibiting Importation of Slaves" was passed in 1807, banning importation of slaves as of January 1, 1808}}''', but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. | ||
, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. | |||
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. | 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. | ||
| Line 307: | Line 297: | ||
No State shall, without the Consent of the 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. | No State shall, without the Consent of the 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. | ||
=={{#tip-text: Article II== | =={{#tip-text: Article II (establishing the Executive branch)|Article two establishes the powers, limits, and duties of the "executive" branch | ||
* "execute" means "to carry out" | |||
* therefore the "executive branch" is to "carry out" (execute) the laws | |||
* this core separation of powers between the legislative and executive branches avoids the problems of abuse by overlapping powers of a powerful executive}}== | |||
==={{#tip-text: Section 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=== | ==={{#tip-text: Section 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=== | ||
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. | 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. | ||
| Line 325: | Line 318: | ||
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. | 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. | ||
==={{#tip-text: Section 2. 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.=== | ==={{#tip-text: Section 2.|}}''' 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.=== | ||
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. | 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. | ||
| Line 335: | Line 328: | ||
==={{#tip-text: 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.=== | ==={{#tip-text: 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.=== | ||
=={{#tip-text: Article III== | =={{#tip-text: Article III |}== | ||
==={{#tip-text: 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. | |||
==={{#tip-text: Section | ==={{#tip-text: Section 2.|}} | ||
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; 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. | |||
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. | 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. | ||
| Line 349: | Line 346: | ||
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. | 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. | ||
=={{#tip-text: Article IV== | =={{#tip-text: Article IV|}}== | ||
=={{#tip-text: | =={{#tip-text: 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 be general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. | ||
==={{#tip-text: Section 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.=== 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. | ==={{#tip-text: Section 2.|}} The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.=== 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. | ||
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. | 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. | ||
==={{#tip-text: Section 3. 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. | ==={{#tip-text: Section 3.|}} 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. | ||
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. | 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. | ||
| Line 363: | Line 360: | ||
==={{#tip-text: 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.=== | ==={{#tip-text: 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 V== | =={{#tip-text: 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. | |||
=={{#tip-text: Article VI== | =={{#tip-text: Article VI|}}== | ||
===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.=== | ===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.=== | ||
| Line 375: | Line 372: | ||
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. | 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. | ||
=={{#tip-text: Article VII== | =={{#tip-text: 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.=== | ===The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.=== | ||
| Line 383: | Line 380: | ||
== Bill of Rights (Amendments 1-10) == | == Bill of Rights (Amendments 1-10) == | ||
==={{#tip-text: Amendment 1 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.=== | ==={{#tip-text: Amendment 1|}}=== | ||
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.=== | |||
==={{#tip-text: Amendment 2 A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.=== | ==={{#tip-text: Amendment 2|}}=== | ||
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.=== | |||
==={{#tip-text: Amendment 3 No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.=== | ==={{#tip-text: Amendment 3 No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.=== | ||
==={{#tip-text: Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.=== | ==={{#tip-text: Amendment 4 |}}=== | ||
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.=== | |||
==={{#tip-text: Amendment 5 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,=== | ==={{#tip-text: Amendment 5|}}=== | ||
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,=== | |||
except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. | except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. | ||
=={{#tip-text: | =={{#tip-text: Amendment 6|}}=== | ||
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,=== | |||
by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. | by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. | ||
==={{#tip-text: Amendment 7 In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.=== | ==={{#tip-text: Amendment 7|}}=== | ||
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.=== | |||
==={{#tip-text: Amendment 8 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.=== | ==={{#tip-text: Amendment 8|}}=== | ||
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.=== | |||
==={{#tip-text: Amendment 9 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.=== | ==={{#tip-text: Amendment 9|}}=== | ||
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.=== | |||
==={{#tip-text: Amendment 10 The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people=== | ==={{#tip-text: Amendment 10|}}=== | ||
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people=== | |||