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'''[[Constitution (US)|Constitution]] of the United States Popup Study Guide''' or '''[[Constitution (US)|Constitution]] of the United States Annotated Study Guide''' | "'''[[Constitution (US)|Constitution]] of the United States Popup Study Guide'''" or "'''[[Constitution (US)|Constitution]] of the United States Annotated Study Guide'''"<br> | ||
(also, "'''[[Constitution (US)|US Constitution]] Popup Study Guide'''" or "'''[[Constitution (US)|US Constitution]] Annotated Study Guide'''") | |||
* as of 4/26/22, the original Constitution and Bill of Rights entries are complete | |||
* as of | ** this includes amended sections of the original Constitution which are <span style="background-color:#d9d9d9">grayed out</span> | ||
** current focus is on | ** current focus is on Amendments 11-27 (text posted, analysis to be developed) | ||
* future projects include: | * future projects include: | ||
** adding footnote references and sources (see Amendment 1 for an example) | ** adding footnote references and sources (see Amendment 1 for an example) | ||
** adjusting formatting per user feedback | ** adjusting formatting per user feedback | ||
Also: | |||
* adding touch button tooltip for mobile use via RegularTooltips extension{{#info-tooltip: tooltip-text goes here}}. | |||
code is <nowiki>{{#info-tooltip: tooltip-text goes here}}</nowiki> | |||
inline tooltip code is <nowiki>{{#inline-tooltip: text | tooltip-text}}</nowiki> {{#inline-tooltip: and will look like this| it will look like this}} | |||
existing tooltips are with deprecated extension TipText; use <nowiki>{{#tip-text: |text goes here}}</nowiki> {{#tip-text: in order to to make the tooltip look like this|so it will look like this'''.}} | |||
* also to do: delete <nowiki>''' bold</nowiki> on all tooltips, as the dashed-underline works fine | |||
------------------------- | ------------------------- | ||
<u>'''Purpose of the U.S. Constitution Popup Study Guide'''</u><br> | <u>'''Purpose of the U.S. Constitution Popup Study Guide'''</u><br> | ||
• this annotated guide to the text of the Constitution is designed for students and teachers for<br> | • this annotated guide to the text of the Constitution is designed for students and teachers for<br> | ||
| Line 18: | Line 26: | ||
<br> | <br> | ||
<u>'''Notes on the format and use of the Constitution Popup Study Guide</u> | <u>'''Notes on the format and use of the Constitution Popup Study Guide'''</u>:<br> | ||
• hover your mouse or cursor over or touch '''{{#tip-text:underlined/ bolded words|Summaries, explanations and definitions will show in these hover boxes}}''' for popup summaries, explanations and definitions<br> | • hover your mouse or cursor over or touch '''{{#tip-text:underlined/ bolded words|Summaries, explanations and definitions will show in these hover boxes}}''' for popup summaries, explanations and definitions<br> | ||
• <span style="background-color:#d9d9d9">grayed-out</span> sections have been '''{{#tip-text:changed by subsequent Constitutional amendment|* i.e., original text was changed by later amendments | • <span style="background-color:#d9d9d9">grayed-out</span> sections have been '''{{#tip-text:changed by subsequent Constitutional amendment|* i.e., original text was changed by later amendments | ||
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• mouse/hover popups are not mobile-friendly | • mouse/hover popups are not mobile-friendly | ||
• we will in the future create a mobile friendly format as an alternative file | • we will in the future create a mobile friendly format as an alternative file | ||
• we encourage you to use a tablet or external monitor in order to better read popup annotations</div> | • we encourage you to use a tablet or external monitor in order to better read popup annotations</div> | ||
• <u>'''Additional Constitution sources</u> | • <u>'''Additional Constitution sources'''</u>:<br> | ||
•• the below references are useful but frequently complex, legalistic and not easy for students to read or understand<br> | •• the below references are useful but frequently complex, legalistic and not easy for students to read or understand<br> | ||
click EXPAND for additional sources & annotated texts of the Constitution: | click EXPAND for additional sources & annotated texts of the Constitution: | ||
| Line 44: | Line 53: | ||
• [https://www.law.cornell.edu/constitution/index.html Congressional additional version of the "Constitution Annotated" from the Cornell Legal Information Institute (cornell.edu)]<br> | • [https://www.law.cornell.edu/constitution/index.html Congressional additional version of the "Constitution Annotated" from the Cornell Legal Information Institute (cornell.edu)]<br> | ||
• [https://constitutioncenter.org/interactive-constitution/full-text Interactive Constitution (consitutioncenter.org)]<br> | • [https://constitutioncenter.org/interactive-constitution/full-text Interactive Constitution (consitutioncenter.org)]<br> | ||
• [ | • [[wikipedia:Constitution_of_the_United_States|Constitution of the United States (wikipedia)]]<br> | ||
• Students may also wish to review the text of the 1777 [https://www.ourdocuments.gov/print_friendly.php?flash=true&page=transcript&doc=3&title=Transcript+of+Articles+of+Confederation+%281777%29 Articles of Confederation (oudocuments.gov)]<br> | • Students may also wish to review the text of the 1777 [https://www.ourdocuments.gov/print_friendly.php?flash=true&page=transcript&doc=3&title=Transcript+of+Articles+of+Confederation+%281777%29 Articles of Confederation (oudocuments.gov)]<br> | ||
</div> | </div> | ||
<u>'''Notes on the adoption of the Constitution</u> | <u>'''Notes on the adoption of the Constitution'''</u>:<br> | ||
• Articles I through VII are the original Constitution as adopted by the Constitutional Convention of 1787 on '''{{#tip-text:September 15, 1787|known as "Constitution Day"}}'''<br> | • Articles I through VII are the original Constitution as adopted by the Constitutional Convention of 1787 on '''{{#tip-text:September 15, 1787|known as "Constitution Day"}}'''<br> | ||
• The original Constitution structured the '''{{#tip-text:Federal government|Federal government| | • The original Constitution structured the '''{{#tip-text:Federal government|Federal government| | ||
* "federal" = a union of independent states that give up certain powers to a central government while reserving other, mostly internal, powers for themselves | * "federal" = a union of independent states that give up certain powers to a central government while reserving other, mostly internal, powers for themselves | ||
* the "federal government" thereby is that central government that governs the union of states with specified, or limited, powers}}'''<br> | * the "federal government" thereby is that central government that governs the union of states with specified, or limited, powers}}'''<br> | ||
•• from Latin "foedus" which means "league" or union of people w/ a common purpose | |||
• Its text and plain meaning is modified by "amendments" and its interpretation is modified via '''{{#tip-text:"judicial review"|judicial review | • Its text and plain meaning is modified by "amendments" and its interpretation is modified via '''{{#tip-text:"judicial review"|judicial review | ||
* = the power of the courts to "interpret" the meaning and purpose of the Constitution | * = the power of the courts to "interpret" the meaning and purpose of the Constitution | ||
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•• ten of the proposed amendments went into effect upon ratification by the 11th state, Virginia (marking 3/4ths of the now 14 states) on December 15, 1791</div> | •• ten of the proposed amendments went into effect upon ratification by the 11th state, Virginia (marking 3/4ths of the now 14 states) on December 15, 1791</div> | ||
<u>'''Notes on the adoption of the Bill or Rights (Amendments 1-10)</u> | <u>'''Notes on the adoption of the Bill or Rights (Amendments 1-10)'''</u>:<br> | ||
• the first ten amendments to the Constitution are known collectively as the "Bill or Rights" (BOR) and was ratified on Dec 15, 1791<br> | • the first ten amendments to the Constitution are known collectively as the "Bill or Rights" (BOR) and was ratified on Dec 15, 1791<br> | ||
• the BOR protects certain rights of the people and the states from Federal infringement (violation) or otherwise place limits on certain powers of the Federal government regarding indvidual rights<br> | • the BOR protects certain rights of the people and the states from Federal infringement (violation) or otherwise place limits on certain powers of the Federal government regarding indvidual rights<br> | ||
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* the Preamble of the Constitution calls itself the "Constitution for the United States of America"}}''' with mouse/cursor hover popup explanations</big><br><br> | * the Preamble of the Constitution calls itself the "Constitution for the United States of America"}}''' with mouse/cursor hover popup explanations</big><br><br> | ||
== WE THE PEOPLE [the "Preamble" states general purpose of the Constitution]== | ==WE THE PEOPLE [the "Preamble" states general purpose of the Constitution]== | ||
'''{{#tip-text: [The Preamble overview]| The Preamble: | '''{{#tip-text: [The Preamble overview]| The Preamble: | ||
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{| class="wikitable" style="max-width: 1000px " | {| class="wikitable" style="max-width: 1000px " | ||
| | | | ||
WE THE PEOPLE '''{{#tip-text: in Order to form a more perfect Union|"A more perfect Union" = | WE THE PEOPLE '''{{#tip-text: in Order to form a more perfect Union|"A more perfect Union" = | ||
* to improve upon the loose union created | * to improve upon the loose union created | ||
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== Article 1. [Legislative branch]== | == Article 1. [Legislative branch]== | ||
=== Section 1. [Establishes the House of Representatives] === | ===Section 1. [Establishes the House of Representatives]=== | ||
'''{{#tip-text: [Section 1 overview.]| Establishes the House of Representatives as one of two "houses" of Congress (bicameral legislature; other house = Senate)}}'''<br> | '''{{#tip-text: [Section 1 overview.]| Establishes the House of Representatives as one of two "houses" of Congress (bicameral legislature; other house = Senate)}}'''<br> | ||
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** the 2021-2023 Congress is the 117th}}''' of the United States, which shall consist of a Senate and House of Representatives. | ** the 2021-2023 Congress is the 117th}}''' of the United States, which shall consist of a Senate and House of Representatives. | ||
=== Section 2. [composition of the House & requirements for office, Enumeration clause & impeachment] === | ===Section 2. [composition of the House & requirements for office, Enumeration clause & impeachment]=== | ||
''' {{#tip-text: [Section 2. overview]|Section 2. defines the composition of and requirements for election to the House of Representatives, including: | ''' {{#tip-text: [Section 2. overview]|Section 2. defines the composition of and requirements for election to the House of Representatives, including: | ||
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* that Representatives must be 25 years old, Senators 30 and the President 35 reflects the concepts of "checks and balances" and the "republican principle," which held that the people should be governed by virtuous rulers (assumes that the older are the more virtuous))}}''', 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. | * that Representatives must be 25 years old, Senators 30 and the President 35 reflects the concepts of "checks and balances" and the "republican principle," which held that the people should be governed by virtuous rulers (assumes that the older are the more virtuous))}}''', 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 <span style="background-color:#d9d9d9>'''{{#tip-text:direct Taxes|"direct Taxes" | Representatives and <span style="background-color:#d9d9d9">'''{{#tip-text:direct Taxes|"direct Taxes" | ||
* direct tax = a tax imposed directly upon individuals or incomes derived from their property | * direct tax = a tax imposed directly upon individuals or incomes derived from their property | ||
* the original Constitution required that any "direct Taxes" be "apportioned," i.e. divided by population per state | * the original Constitution required that any "direct Taxes" be "apportioned," i.e. divided by population per state | ||
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* the extent of impeachment is limited to removal from office and no other civil or criminal punishment}}'''. | * the extent of impeachment is limited to removal from office and no other civil or criminal punishment}}'''. | ||
=== Section 3. [establishes the Senate, its composition & requirements for office and impeachment] === | ===Section 3. [establishes the Senate, its composition & requirements for office and impeachment]=== | ||
'''{{#tip-text: Section 3 overview.| Establishes the Senate: | '''{{#tip-text: Section 3 overview.| Establishes the Senate: | ||
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* the Senate is supposed to be the "deliberative body" | * the Senate is supposed to be the "deliberative body" | ||
* which is a check against the passions of democracy which are to be expressed in the House of Representatives | * which is a check against the passions of democracy which are to be expressed in the House of Representatives | ||
* the Senate now consists of 100 members}}''' shall be composed of two Senators from each State, <span style="background-color:#d9d9d9> '''{{#tip-text:chosen by the Legislature thereof|"chosen by the Legislature" | * the Senate now consists of 100 members}}''' shall be composed of two Senators from each State, <span style="background-color:#d9d9d9"> '''{{#tip-text:chosen by the Legislature thereof|"chosen by the Legislature" | ||
* the Seventeenth amendment (1913) removed the power of legislatures to select Senators | * the Seventeenth amendment (1913) removed the power of legislatures to select Senators | ||
* and created a Constitutional requirement that Senators be elected by direct, popular vote in each state}}'''</span>, for six Years; and each Senator shall have one Vote. | * and created a Constitutional requirement that Senators be elected by direct, popular vote in each state}}'''</span>, for six Years; and each Senator shall have one Vote. | ||
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** so that only 1/3rd of the Senate will be up for election every two years. | ** so that only 1/3rd of the Senate will be up for election every two years. | ||
** this requirement marks the Senate's representation of time | ** this requirement marks the Senate's representation of time | ||
*** it takes longer for the Senate to change hands than for the House}}'''; 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 <span style="background-color:#d9d9d9>'''{{#tip-text: Meeting of the Legislature, which shall then fill such Vacancies|Filling of vacancies: | *** it takes longer for the Senate to change hands than for the House}}'''; 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 <span style="background-color:#d9d9d9">'''{{#tip-text: Meeting of the Legislature, which shall then fill such Vacancies|Filling of vacancies: | ||
* the Seventeenth amendment (1913) changed the selection of Senators from the legislatures to a direct vote | * the Seventeenth amendment (1913) changed the selection of Senators from the legislatures to a direct vote | ||
* thereby this power granted to the Legislatures was altered in the Seventeenth amendment to provide that | * thereby this power granted to the Legislatures was altered in the Seventeenth amendment to provide that | ||
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* the Constitution requires that Congress meet at least once every year | * the Constitution requires that Congress meet at least once every year | ||
* the President may "call" a "special session" of Congress if Congress is not "in session" | * the President may "call" a "special session" of Congress if Congress is not "in session" | ||
* = protection against abuse by a majority or a President who might keep Congress from meeting for some political advantage}}''', and such Meeting shall be on the <span style="background-color:#d9d9d9> '''{{#tip-text: first Monday in December, unless they shall by Law appoint a different Day|The 20th amendment set the beginning date of each Congress at the 3rd day of January (unless set differently by law), changing the dates set the original constitution and by the 12th amendment.}}'''</span>. | * = protection against abuse by a majority or a President who might keep Congress from meeting for some political advantage}}''', and such Meeting shall be on the <span style="background-color:#d9d9d9"> '''{{#tip-text: first Monday in December, unless they shall by Law appoint a different Day|The 20th amendment set the beginning date of each Congress at the 3rd day of January (unless set differently by law), changing the dates set the original constitution and by the 12th amendment.}}'''</span>. | ||
=== Section 5. [independence of each house of Congress] === | ===Section 5. [independence of each house of Congress]=== | ||
'''{{#tip-text: Section 5. overview|Checks & Balances within the Congress: | '''{{#tip-text: Section 5. overview|Checks & Balances within the Congress: | ||
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* these seemingly innocuous requirements are in directly response to the abuses of the English kings upon Parliament, of Parliament itself, and of the abuses upon the Americans in their colonial governments}}''', 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. | * these seemingly innocuous requirements are in directly response to the abuses of the English kings upon Parliament, of Parliament itself, and of the abuses upon the Americans in their colonial governments}}''', 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 '''{{#tip-text: Consent| | Neither House, during the Session of Congress, shall, without the '''{{#tip-text: Consent|=agreeing with or allowing}}''' of the other, '''{{#tip-text: adjourn| | ||
= agreeing with or allowing}}''' of the other, '''{{#tip-text: adjourn| | |||
'''adjournment''' or "to adjourn" = either | '''adjournment''' or "to adjourn" = either | ||
* a temporary suspension during a session of Congress | * a temporary suspension during a session of Congress | ||
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** again, it is an important protection derived from the American colonial and British Civil War experiences}}''' for more than three days, nor to any other Place than that in which the two Houses shall be sitting. | ** again, it is an important protection derived from the American colonial and British Civil War experiences}}''' for more than three days, nor to any other Place than that in which the two Houses shall be sitting. | ||
===Section 6. [protections against persecution and limits on holding office for Members of Congress] === | ===Section 6. [protections against persecution and limits on holding office for Members of Congress]=== | ||
'''{{#tip-text: [Section 6. overview]|Protects members of Congress from political persecution and prohibits them from holding other offices}}''' | '''{{#tip-text: [Section 6. overview]|Protects members of Congress from political persecution and prohibits them from holding other offices}}''' | ||
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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 increased 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. | 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 increased 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 7. [legislation process & veto] === | ===Section 7. [legislation process & veto] === | ||
'''{{#tip-text: [Section 7. overview]|Section 7 sets rules and processes for legislation to become law, including: | '''{{#tip-text: [Section 7. overview]|Section 7 sets rules and processes for legislation to become law, including: | ||
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* the Senate may propose amendments}}''' shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. | * the Senate may propose amendments}}''' shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. | ||
Every '''{{#tip-text:Bill|= a proposed law | Every '''{{#tip-text:Bill|=a proposed law | ||
* bills can be introduced in either house of Congress | * bills can be introduced in either house of Congress | ||
* except for bills regarding raising revenue (taxes), which must originate in the House of Representatives}}''' which shall have passed the House of Representatives and the Senate, shall, before it '''{{#tip-text: become a Law|From a bill to a law: | * except for bills regarding raising revenue (taxes), which must originate in the House of Representatives}}''' which shall have passed the House of Representatives and the Senate, shall, before it '''{{#tip-text: become a Law|From a bill to a law: | ||
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* note that each house of Congress can conduct business regarding its own operations without the concurrence of the other house or of the President}}''' 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. | * note that each house of Congress can conduct business regarding its own operations without the concurrence of the other house or of the President}}''' 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 8. [Enumerated powers of the Congress, including General Welfare, Commerce & Necessary & Proper clauses]=== | ===Section 8. [Enumerated powers of the Congress, including General Welfare, Commerce & Necessary & Proper clauses]=== | ||
'''{{#tip-text: [Section 8. overview]|Section 8 sets the powers of Congress: | '''{{#tip-text: [Section 8. overview]|Section 8 sets the powers of Congress: | ||
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* McCoullough v. Maryland affirmed this power of Congress}}''', and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. | * McCoullough v. Maryland affirmed this power of Congress}}''', and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. | ||
=== Section 9. [Enumerated limits on the powers of Congress]=== | ===Section 9. [Enumerated limits on the powers of Congress]=== | ||
'''{{#tip-text: Section 9. overview|Enumerated limits on the powers of Congress | '''{{#tip-text: Section 9. overview|Enumerated limits on the powers of Congress | ||
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* many of these restrictions represent limits on abuses of powers experienced by the colonies under British rule}}''' | * many of these restrictions represent limits on abuses of powers experienced by the colonies under British rule}}''' | ||
<span style="background-color:#d9d9d9>The '''{{#tip-text: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|Congress may not ban importation of slaves or indentured servants before 1808 | <span style="background-color:#d9d9d9">The '''{{#tip-text: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|Congress may not ban importation of slaves or indentured servants before 1808 | ||
* 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 | ||
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* i.e., making illegal an action that was previously legal and enforcing the new law against old actions.}}''' shall be passed. | * i.e., making illegal an action that was previously legal and enforcing the new law against old actions.}}''' shall be passed. | ||
<span style="background-color:#d9d9d9>No '''{{#tip-text:Capitation, or other direct, Tax|Capitation or "direct" Tax | <span style="background-color:#d9d9d9">No '''{{#tip-text:Capitation, or other direct, Tax|Capitation or "direct" Tax | ||
* = taxes laid directly on citizens without any specific reason such as income or property | * = taxes laid directly on citizens without any specific reason such as income or property | ||
* the Constitution here requires that any direct tax be apportioned across the states based on population | * the Constitution here requires that any direct tax be apportioned across the states based on population | ||
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* the prohibition is repeated in Article I, Section 10, where it is applied to the States}}''' 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. | * the prohibition is repeated in Article I, Section 10, where it is applied to the States}}''' 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 10. [limits on powers of the states] === | ===Section 10. [limits on powers of the states]=== | ||
'''{{#tip-text: Section 10. overview| Section 10 imposes restrictions upon certain powers of the states: | '''{{#tip-text: Section 10. overview| Section 10 imposes restrictions upon certain powers of the states: | ||
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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 Control of the Congress. | 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 Control of the Congress. | ||
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. | ||
|} | |} | ||
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{| class="wikitable" style="max-width: 1000px " | {| class="wikitable" style="max-width: 1000px " | ||
| | | | ||
== Article II [Executive branch] == | == Article II [Executive branch]== | ||
'''{{#tip-text: Article II overview|"Executive power" | '''{{#tip-text: Article II overview|"Executive power" | ||
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* this core separation of powers between the legislative and executive branches avoids the problems of abuse by overlapping powers of a powerful executive}}'''<br> | * this core separation of powers between the legislative and executive branches avoids the problems of abuse by overlapping powers of a powerful executive}}'''<br> | ||
=== Section 1. [Establishes the office the President]=== | ===Section 1. [Establishes the office the President & processes for election and removal]=== | ||
'''{{#tip-text: Section 1. overview|Establishes the Executive branch (presidency) | '''{{#tip-text: Section 1. overview|Establishes the Executive branch (presidency) | ||
| Line 577: | Line 585: | ||
** as of 2021 there are 538 total electors}}''' 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. | ** as of 2021 there are 538 total electors}}''' 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. | ||
<span style="background-color:#d9d9d9>The '''{{#tip-text:Electors shall meet in their respective States|Summary of the Electoral College: | <span style="background-color:#d9d9d9">The '''{{#tip-text:Electors shall meet in their respective States|Summary of the Electoral College: | ||
* the Electoral College represents the States, not the people directly | * the Electoral College represents the States, not the people directly | ||
* in practice, the electors are chosen by the people in proportion to their majority votes, and the electors almost always respect the wishes of the voters, but not always. | * in practice, the electors are chosen by the people in proportion to their majority votes, and the electors almost always respect the wishes of the voters, but not always. | ||
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* all Presidents up to Martin Van Buren (8th president, 1837-1841) were born before the Declaration; Van Buren was born in 1782 | * all Presidents up to Martin Van Buren (8th president, 1837-1841) were born before the Declaration; Van Buren was born in 1782 | ||
* One way to think through the meaning of this section is to consider Alexander Hamilton's original draft: | * One way to think through the meaning of this section is to consider Alexander Hamilton's original draft: | ||
''"No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States."''}}'''; neither shall any Person be eligible to that Office who shall not have attained to the '''{{#tip-text:Age of thirty five Years|= eligibility for office for President | ''"No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States."''}}'''; neither shall any Person be eligible to that Office who shall not have attained to the '''{{#tip-text:Age of thirty five Years|=eligibility for office for President | ||
* this requirement is more than for the House and the Senate | * this requirement is more than for the House and the Senate | ||
* that Representatives must be 25 years old, Senators 30 and the President 35 reflects the concepts of "checks and balances" and the "republican principle," which held that the people should be governed by virtuous rulers (assumes that the older are the more virtuous))}}''', and been fourteen Years a Resident within the United States. | * that Representatives must be 25 years old, Senators 30 and the President 35 reflects the concepts of "checks and balances" and the "republican principle," which held that the people should be governed by virtuous rulers (assumes that the older are the more virtuous))}}''', and been fourteen Years a Resident within the United States. | ||
<span style="background-color:#d9d9d9>'''{{#tip-text:In Case of the Removal of the President from Office| Sets the order of succession as: | <span style="background-color:#d9d9d9">'''{{#tip-text:In Case of the Removal of the President from Office| Sets the order of succession as: | ||
*# Vice President | *# Vice President | ||
*#. As decided by Congress if both the President and Vice President die, resign, removed or cannot serve ("Inability to discharge the Powers") | *#. As decided by Congress if both the President and Vice President die, resign, removed or cannot serve ("Inability to discharge the Powers") | ||
| Line 621: | Line 629: | ||
* note that the oath is only about the Constitution and not about such things as "defending the American people", which could be inferred from the oath; however, on its face, the oath is to uphold the Constitution}}''' 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. | * note that the oath is only about the Constitution and not about such things as "defending the American people", which could be inferred from the oath; however, on its face, the oath is to uphold the Constitution}}''' 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. | ||
=== Section 2. [Powers and roles of the President] === | ===Section 2. [Powers and roles of the President]=== | ||
'''{{#tip-text: Section 2. overview|Powers and roles of the President, including: | '''{{#tip-text: Section 2. overview|Powers and roles of the President, including: | ||
* Commander in chief of the military | * Commander in chief of the military | ||
| Line 654: | Line 662: | ||
- "recess appointments" which are appointments of Executive branch officials (not judges) while the Senate is not in session, thus allowing the President to put a person into an office temporarily}}''', by granting Commissions which shall expire at the End of their next Session. | - "recess appointments" which are appointments of Executive branch officials (not judges) while the Senate is not in session, thus allowing the President to put a person into an office temporarily}}''', by granting Commissions which shall expire at the End of their next Session. | ||
=== Section 3. [Requirements & duties of the presidency]=== | ===Section 3. [Requirements & duties of the presidency]=== | ||
'''{{#tip-text: Section 3. overview|Requirements and duties of the President, including: | '''{{#tip-text: Section 3. overview|Requirements and duties of the President, including: | ||
| Line 689: | Line 697: | ||
* however, the President also has the sole power to "commission" them, which means that even if an officer has been approved by the Senate, the President alone has the power to install that person in the office (or not)}}'''. | * however, the President also has the sole power to "commission" them, which means that even if an officer has been approved by the Senate, the President alone has the power to install that person in the office (or not)}}'''. | ||
=== Section 4. [Impeachment]=== | ===Section 4. [Impeachment]=== | ||
'''{{#tip-text: Section 3. overview|Impeachment | '''{{#tip-text: Section 3. overview|Impeachment | ||
| Line 704: | Line 712: | ||
{| class="wikitable" style="max-width: 1000px " | {| class="wikitable" style="max-width: 1000px " | ||
| | | | ||
== Article III [Judicial branch] == | == Article III [Judicial branch]== | ||
=== Section 1. [Establishes the Judicial branch] === | ===Section 1. [Establishes the Judicial branch]=== | ||
'''{{#tip-text:[Section 1. Overview]|Section 1: | '''{{#tip-text:[Section 1. Overview]|Section 1: | ||
| Line 733: | Line 741: | ||
* therefore = an important separation of power which protects the Judiciary from interference from Congress}}''', which shall not be diminished during their Continuance in Office. | * therefore = an important separation of power which protects the Judiciary from interference from Congress}}''', which shall not be diminished during their Continuance in Office. | ||
=== Section 2. [Defines Court powers and limits]=== | ===Section 2. [Defines Court powers and limits]=== | ||
'''{{#tip-text: Section 2. overview]|}}''' | '''{{#tip-text: Section 2. overview]|}}''' | ||
| Line 749: | Line 757: | ||
** cases between citizens of different states | ** cases between citizens of different states | ||
** cases between U.S. citizens and foreign nations or citizens | ** cases between U.S. citizens and foreign nations or citizens | ||
* essentially, the jurisdiction of the federal judiciary is set by the sovereignty of the federal government}}''', 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; <span style="background-color:#d9d9d9>'''{{#tip-text:between a State and Citizens of another state|Controversies between states and citizens of different states: | * essentially, the jurisdiction of the federal judiciary is set by the sovereignty of the federal government}}''', 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; <span style="background-color:#d9d9d9">'''{{#tip-text:between a State and Citizens of another state|Controversies between states and citizens of different states: | ||
* this clause was changed by the Eleventh Amendment | * this clause was changed by the Eleventh Amendment | ||
* which clarified that the Judicial power of the government shall "not construed to extend" to suits between a state and citizens of another state or foreigners | * which clarified that the Judicial power of the government shall "not construed to extend" to suits between a state and citizens of another state or foreigners | ||
| Line 775: | Line 783: | ||
* = protection against arbitrary relocation of trials to courts and places that would be less friendly to a defendant}}''' 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. | * = protection against arbitrary relocation of trials to courts and places that would be less friendly to a defendant}}''' 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. [Treason] === | ===Section 3. [Treason]=== | ||
'''{{#tip-text:[Section 3. overview]|Treason & Jury Trials | '''{{#tip-text:[Section 3. overview]|Treason & Jury Trials | ||
* here the Constitution defines "treason" and requires jury trials for charges of it | * here the Constitution defines "treason" and requires jury trials for charges of it | ||
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{| class="wikitable" style="max-width: 1000px" | {| class="wikitable" style="max-width: 1000px" | ||
| | | | ||
== Article IV [Relations between States, and between States & the Federal Government]== | ==Article IV [Relations between States, and between States & the Federal Government]== | ||
===Section 1. [Full Faith & Credit clause] === | ===Section 1. [Full Faith & Credit clause]=== | ||
{{#tip-text: [Section 1. Summary]|Full faith and credit clause | {{#tip-text: [Section 1. Summary]|Full faith and credit clause | ||
* establishes relationship, rules & limits between the States & the States and the Federal Government | * establishes relationship, rules & limits between the States & the States and the Federal Government | ||
* requires states to respect and obey one another's laws}} | * requires states to respect and obey one another's laws}} | ||
{{#tip-text: Full Faith and Credit|Full faith and credit | {{#tip-text: Full Faith and Credit|Full faith and credit | ||
| Line 807: | Line 815: | ||
** the person who was ordered to pay could not avoid payment by moving to another state | ** the person who was ordered to pay could not avoid payment by moving to another state | ||
** as the Full Faith and Credit clause would require the second state to respect and enforce the first State's court order | ** as the Full Faith and Credit clause would require the second state to respect and enforce the first State's court order | ||
* criminal Law is different, and the Constitution addresses this under the "Extradition" clause, which requires that one State return to another any fugitive from the law.}}''' shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. | * criminal Law is different, and the Constitution addresses this under the "Extradition" clause, which requires that one State return to another any fugitive from the law.}}''' 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.''' | ||
=== Section 2. [Privileges and Immunities clause] === | ===Section 2. [Privileges and Immunities clause]=== | ||
{{#tip-text: [Section 2. Summary]|Privileges and Immunities clause:| | {{#tip-text: [Section 2. Summary]|Privileges and Immunities clause:| | ||
* require that states respect one another's laws & respect the rights of citizens of other states | * require that states respect one another's laws & respect the rights of citizens of other states | ||
* this section also set requirements for extradition of fugitive criminals and slaves from one state to another}} | * this section also set requirements for extradition of fugitive criminals and slaves from one state to another}} | ||
The Citizens of each State shall be entitled to all '''{{#tip-text: Privileges and Immunities of Citizens in the several States|Privileges & Immunities clause | The Citizens of each State shall be entitled to all '''{{#tip-text: Privileges and Immunities of Citizens in the several States|Privileges & Immunities clause | ||
| Line 829: | Line 837: | ||
* it also means that the states surrender their sovereignty to protect a person from extradition}}'''. | * it also means that the states surrender their sovereignty to protect a person from extradition}}'''. | ||
<span style="background-color:#d9d9d9>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, '''{{#tip-text:but shall be delivered up on Claim of the Party to whom such Service or Labour may be due|Fugitive Slave clause: | <span style="background-color:#d9d9d9">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, '''{{#tip-text:but shall be delivered up on Claim of the Party to whom such Service or Labour may be due|Fugitive Slave clause: | ||
* prohibits protection of fugitive (runaway slaves) by requiring their return upon demand of the slave owner in another state | * prohibits protection of fugitive (runaway slaves) by requiring their return upon demand of the slave owner in another state | ||
* the clause thereby treated fugitive slaves as civil and not criminal matters | * the clause thereby treated fugitive slaves as civil and not criminal matters | ||
| Line 839: | Line 847: | ||
* the Fugitive Slave Clause was annulled by the Thirteenth amendment which abolished slavery}}'''.</span> | * the Fugitive Slave Clause was annulled by the Thirteenth amendment which abolished slavery}}'''.</span> | ||
=== Section 3. [Admission of new states & the Property Clause] === | ===Section 3. [Admission of new states & the Property Clause]=== | ||
{{#tip-text: [Section 3. Summary]|New states | {{#tip-text: [Section 3. Summary]|New states | ||
| Line 846: | Line 854: | ||
* (West Virginia was created during the Civil War, so Virginia, in rebellion, had no say on its formation) | * (West Virginia was created during the Civil War, so Virginia, in rebellion, had no say on its formation) | ||
* Congress may set rules for the administration and entrance into states of territories | * Congress may set rules for the administration and entrance into states of territories | ||
* the issue of slavery deeply impacted the administration and admission of new states into the 19th century up to the Civil War}} | * the issue of slavery deeply impacted the administration and admission of new states into the 19th century up to the Civil War}} | ||
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. | 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 '''{{#tip-text:Property or Territory Clause: | 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 '''{{#tip-text:Property or Territory Clause|Property or Territory Clause: | ||
* affirms Federal ownership of and authority over territories and federal properties within states | * affirms Federal ownership of and authority over territories and federal properties within states | ||
* as western territories were admitted as states, the Federal government maintained ownership of much land, such as in Arizona, where the Federal government owns 80% of the land | * as western territories were admitted as states, the Federal government maintained ownership of much land, such as in Arizona, where the Federal government owns 80% of the land | ||
* most federal holdings are of national parks and forests, military bases, federal buildings and tracts of land not ceded to the new states (generally, lands now managed by the Bureau of Land Management)}}'''; and nothing in this Constitution shall be so construed '''{{#tip-text:as to Prejudice any Claims of the United States, or of any particular State|"shall be so construed" | * most federal holdings are of national parks and forests, military bases, federal buildings and tracts of land not ceded to the new states (generally, lands now managed by the Bureau of Land Management) }}'''; and nothing in this Constitution shall be so construed '''{{#tip-text:as to Prejudice any Claims of the United States, or of any particular State|"shall be so construed" | ||
* | * = the Property Clause will not "harm" or prejudice against any "claims" (assertion of ownership) | ||
* i.e., any disputes over claims must be settled outside of this clause}}'''. | * i.e., any disputes over claims must be settled outside of this clause}}'''. | ||
=== Section 4. [Guarantees of Republican governance, protection against invasion & domestic violence] === | ===Section 4. [Guarantees of Republican governance, protection against invasion & domestic violence]=== | ||
{{#tip-text: Section 4. overview| Guarantees to the states, including: | {{#tip-text: Section 4. overview| Guarantees to the states, including: | ||
| Line 867: | Line 875: | ||
* = representative democracy | * = representative democracy | ||
* this clause has rarely been invoked, but was important to the Reconstruction following the Civil War as a guarantee that Southern states re-entering the Union would be required to have republican forms of government | * this clause has rarely been invoked, but was important to the Reconstruction following the Civil War as a guarantee that Southern states re-entering the Union would be required to have republican forms of government | ||
* the Supreme Court has otherwise mostly held that legal application of this clause is a "political" (to be decided by the legislature) and not "justiciable" (to be decided by the courts), although it has never been tested in terms of, say, a governor declaring a dictatorship in a state}}''', and shall protect each of them against Invasion; and on | * the Supreme Court has otherwise mostly held that legal application of this clause is a "political" (to be decided by the legislature) and not "justiciable" (to be decided by the courts), although it has never been tested in terms of, say, a governor declaring a dictatorship in a state}}''', 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 '''{{#tip-text:domestic Violence|Protect against domestic violence: | ||
* the idea is that the Federal government has an obligation to respond to a state's request for help restoring order | * the idea is that the Federal government has an obligation to respond to a state's request for help restoring order | ||
* but the federal government can only intervene at the request of a state | * but the federal government can only intervene at the request of a state | ||
* Shay's Rebellion was an important catalyst in the convening of the Constitutional Convention, as the federal government under the Articles of Confederation had no powers to intervene (the rebellion was put down by the state of Massachusetts) | * Shay's Rebellion was an important catalyst in the convening of the Constitutional Convention, as the federal government under the Articles of Confederation had no powers to intervene (the rebellion was put down by the state of Massachusetts) | ||
* the state of Colorado invoked the clause in 1914 for Federal help to put down armed miners who were avenging the "Ludlow Massacre", an attack by state and mining company guards upon the campsite of a group of striking coal miners and their families | * the state of Colorado invoked the clause in 1914 for Federal help to put down armed miners who were avenging the "Ludlow Massacre", an attack by state and mining company guards upon the campsite of a group of striking coal miners and their families | ||
* during the political turmoil of 2020, President Trump offered to help states suppress riots across the country, especially in Oregon, but, per the domestic violence clause, he needed the states to request that assistance, and so without that request was able only to send federal forces to protect federal properties (courthouses, etc.)}}'''. | * during the political turmoil of 2020, President Trump offered to help states suppress riots across the country, especially in Oregon, but, per the domestic violence clause, he needed the states to request that assistance, and so without that request was able only to send federal forces to protect federal properties (courthouses, etc.) }}'''. | ||
|} | |} | ||
{| class="wikitable" style="max-width: 1000px" | {| class="wikitable" style="max-width: 1000px " | ||
| | | | ||
== Article V [Constitutional amendment] == | ==Article V [Constitutional amendment]== | ||
'''{{#tip-text: [Article V. overview]|Amendment of the Constitution | '''{{#tip-text: [Article V. overview]|Amendment of the Constitution | ||
| Line 895: | Line 904: | ||
* proposed amendments must arise from: | * proposed amendments must arise from: | ||
* 2/3rds of both Houses Congress or | * 2/3rds of both Houses Congress or | ||
* 2/3rds of state legislatures}}'''shall deem it necessary, shall propose '''{{#tip-text:Amendments to this Constitution|Amendments to this Constitution | * 2/3rds of state legislatures}}''' shall deem it necessary, shall propose '''{{#tip-text:Amendments to this Constitution|Amendments to this Constitution | ||
* following the republican principle of self-government regulated by law, the Constitution allows for its own amendment | * following the republican principle of self-government regulated by law, the Constitution allows for its own amendment | ||
* but requires super-majorities for it | * but requires super-majorities for it | ||
| Line 905: | Line 914: | ||
* note that Congress cannot ratify a proposed amendment}}''', as the one or the other '''{{#tip-text:Mode of Ratification|Mode of Ratification: | * note that Congress cannot ratify a proposed amendment}}''', as the one or the other '''{{#tip-text:Mode of Ratification|Mode of Ratification: | ||
* the "mode" refers to the form of ratification | * the "mode" refers to the form of ratification | ||
* Congress may require one or the other mode}}''' may be proposed by the Congress; <span style="background-color:#d9d9d9> Provided that no Amendment which may be made prior to the Year One Thousand eight hundred and eight shall '''{{#tip-text:in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article|no Amendment prior to 1808: | * Congress may require one or the other mode}}''' may be proposed by the Congress; <span style="background-color:#d9d9d9"> Provided that no Amendment which may be made prior to the Year One Thousand eight hundred and eight shall '''{{#tip-text:in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article|no Amendment prior to 1808: | ||
* prohibits amendment prior to 1808 of: | * prohibits amendment prior to 1808 of: | ||
* Article 1, Section 9: direct tax clause | * Article 1, Section 9: direct tax clause | ||
| Line 946: | Line 955: | ||
| | | | ||
== Article VII [Ratification]== | ==Article VII [Ratification]== | ||
'''{{#tip-text:Article VII overview|Ratification | '''{{#tip-text:Article VII overview|Ratification | ||
| Line 974: | Line 983: | ||
|} | |} | ||
'''<big>Amendments to the Constitution''' | '''<big>Amendments to the Constitution''' | ||
{| class="wikitable" style="max-width: 1000px " | {| class="wikitable" style="max-width: 1000px " | ||
| | | | ||
== Bill of Rights [Amendments 1-10] == | ==Bill of Rights [Amendments 1-10] == | ||
'''{{#tip-text:[BIll of Rights overview]|Bill of Rights | '''{{#tip-text:[BIll of Rights overview]|Bill of Rights | ||
| Line 985: | Line 994: | ||
* known collectively as the "Bill of Rights" (BOR) | * known collectively as the "Bill of Rights" (BOR) | ||
* BOR protects certain individual rights from "infringement" by the federal government | * BOR protects certain individual rights from "infringement" by the federal government | ||
* | * the BOR does not establish those rights, it protects rights that already exist | ||
* instead, it prohibits the government from violating those rights | |||
Issues, problems & limits: | Issues, problems & limits: | ||
* as originally enacted and interpreted by the Courts, the BOR did not apply to the states | * as originally enacted and interpreted by the Courts, the BOR did not apply to the states | ||
* see the 14th Amendment for how that Amendment opened the path for judicial application of the BOR to state law (called "incorporation" of the BOR | ** see the 14th Amendment for how that Amendment opened the path for judicial application of the BOR to state law (called "incorporation" of the BOR | ||
* the BOR protections have been construed (interpreted) by the Courts to include other rights or privileges that are not listed in the BOR | * the BOR protections have been construed (interpreted) by the Courts to include other rights or privileges that are not listed in the BOR | ||
* ex., the courts have construed the Sixth Amendment right to counsel in criminal cases to mean that the government must pay for an attorney for someone who cannot afford one | * ex., the courts have construed the Sixth Amendment right to counsel in criminal cases to mean that the government must pay for an attorney for someone who cannot afford one | ||
* in general, limits on the BOR protections are based on the '''public safety''' or '''public interest''' | * in general, limits on the BOR protections are based on the '''public safety''' or '''public interest''' | ||
* that is, individual protections may be limited by | ** that is, individual protections may be limited by public needs, especially in times of crisis | ||
* important BOR protections include: | |||
** protection against "arbitrary" law (randomly or unequally applied law) | |||
** upholds "procedural law" (requires that the "procedures" or processes of the law) be followed completely | |||
** and if not, the governmental action is in violation of the law}}''' and '''{{#tip-text:historical background|historical background: | |||
* see the introduction above the Constitution text for notes on the adoption of the Bill or Rights}}''' | * see the introduction above the Constitution text for notes on the adoption of the Bill or Rights}}''' | ||
| Line 1,000: | Line 1,012: | ||
'''{{#tip-text:[Amendment 1 overview]|First Amendment | '''{{#tip-text:[Amendment 1 overview]|First Amendment | ||
* = | * the essential 1st Amendment protection is of individual belief and expression | ||
* while these rights are protected they are not absolute | ** = speech, religion, press, assembly & petition | ||
* i.e., there are exceptions to when | * while these rights are protected from government infringement, they are not absolute (not 100% protected) | ||
* i.e., there are exceptions to when government can infringe upon them | |||
* as per the above, those exceptions are generally related to the public safety or interest}}''' | * as per the above, those exceptions are generally related to the public safety or interest}}''' | ||
| Line 1,060: | Line 1,073: | ||
* Congress and States have enacted many restrictions on lobbying and lobbyists, especially regarding money and gifts to governmental officials}}''' for a redress of grievances. | * Congress and States have enacted many restrictions on lobbying and lobbyists, especially regarding money and gifts to governmental officials}}''' for a redress of grievances. | ||
=== Amendment 2 [right to bear arms]=== | ===Amendment 2 [right to bear arms]=== | ||
'''{{#tip-text:[Amendment 2 overview|Second Amendment: | '''{{#tip-text:[Amendment 2 overview|Second Amendment: | ||
| Line 1,091: | Line 1,104: | ||
* "bear" = "to wield", or to hold, maintain, or use}}''', shall not be infringed. | * "bear" = "to wield", or to hold, maintain, or use}}''', shall not be infringed. | ||
===Amendment 3 [protection against housing soldiers in private homes]=== | ===Amendment 3 [protection against housing soldiers in private homes] === | ||
'''{{#tip-text:[Amendment 3 overview]|Third Amendment: | '''{{#tip-text:[Amendment 3 overview]|Third Amendment: | ||
* tyrannical governments can control a populace by placing soldiers in their midst | * tyrannical governments can control a populace by placing soldiers in their midst | ||
| Line 1,103: | Line 1,115: | ||
* there have been no Court "explication" (judicial review or interpretation) over the Third Amendment | * there have been no Court "explication" (judicial review or interpretation) over the Third Amendment | ||
}}''' | }}''' | ||
No Soldier shall, '''{{#tip-text:in time of peace|"time of peace" | No Soldier shall, '''{{#tip-text:in time of peace|"time of peace" | ||
| Line 1,117: | Line 1,128: | ||
* i.e., as Commander in Chief, the President cannot place soldiers in homes without "consent" (agreement) of the owner or a law authorizing it}}'''. | * i.e., as Commander in Chief, the President cannot place soldiers in homes without "consent" (agreement) of the owner or a law authorizing it}}'''. | ||
===Amendment 4 [unreasonable searches, warrants & probable cause]=== | ===Amendment 4 [unreasonable searches, warrants & probable cause] === | ||
'''{{#tip-text:[Amendment 4 overview]|Fourth Amendment: | |||
'''{{#tip-text:[Amendment 4 overview|Fourth Amendment: | |||
* = protections against government abuse by "searching" and "seizing" people and their private materials | |||
** tyrannical governments frequently use false accusations or just arbitrarily (randomly) ("show me your papers!") in order to enforce their will | |||
* the 4th Amendment creates a "procedure" or process (i.e. = procedural law) for searches and seizures, including | |||
** "probable cause" = likely that a law has been broken, thus the search or seizure is justified | |||
** upon "Oath or affirmation" = recorded testimony or witness | |||
** "describing" the "place" to be searched and the "person" or "things" to be seized, | |||
** i.e., the search and seizure must be consistent with the probable cause and cannot go beyond it | |||
* in Katz v. United States (1967), the Court established a test of "reasonable expectation of privacy"}}''' and '''{{#tip-text:additional notes|(con't) | |||
Issues, problems & limits: | |||
* the term "reasonable" is vague and subject to interpretation | |||
* probably cause is also vague and subject to interpretation, such as: | |||
** is that a person runs away from a crime scene constitute probable cause of criminality? | |||
** what constitutes probable cause to search a car? (speeding, a headlight out, expired tag?) | |||
** can searches under legitimate probable cause that discover other evidence of crimes be allowed as evidence, since they were not listed in the original warrant (statement of items)? | |||
**can a search of a home based upon probable cause of one suspect include the belongings of other residents of that home? | |||
* under what circumstances do 4th amendment protections not apply? (such as at international borders, secure locations, sobriety checkpoints and other matters of public safety? | |||
* what other "rights" does the 4th Amendment create? (such as abortion, sexuality and online privacy rights)}}'''] | |||
The right of the people '''{{#tip-text:to be secure in their persons, houses, papers, and effects|"to be secure..." | |||
* by "persons" that means physical arrest or detention | |||
* "papers" = a specific protection of the privacy of one's private correspondence | |||
* effects" = belongings}}''', against '''{{#tip-text:unreasonable searches and seizures|unreasonable searches and seizures | |||
* unreasonable = vague but arguable | |||
** i.e., it's a measurement of the extent to which a search or seizure is valid and not abusive | |||
* "search" = of "persons, houses, papers, and effects", i.e. just about anything related to a person, including a person's clothes and body | |||
* "seizure" = confiscation, generally of anything that serves as evidence of criminality}}''', shall not be violated, and no '''{{#tip-text:Warrants|Warrants shall issue | |||
* = a legal order, usually issued by a judge or magistrate (court or public official) | |||
* the warrant is a strong protection because it requires that the government official state its purpose in a search or seizure | |||
** i.e., "shall issue"}}''', but upon '''{{#tip-text:probable cause|"probable cause" | |||
* "probable" = "reasonable" or "expected" | |||
* "cause"= reason to do something | |||
* therefore "probable cause" = "reasonable reason"}}''', supported by '''{{#tip-text:Oath or affirmation|Oath or affirmation | |||
* again, here the Founders consider an "oath" to be a serious statement of truth | |||
* thereby an "oath" that is a lie is illegal | |||
** just as a lie in court is perjury, so is a lie to support a warrant}}''', and particularly '''{{#tip-text:describing the place to be searched|Warrants must be specific: | |||
* the warrant must be specific in its purpose to be legal | |||
* "seizure" of a person = arrest or detention}}''', and the persons or things to be seized. | |||
===Amendment 5 [legal protections, due process & takings clause=== | |||
'''{{#tip-text:Fifth Amendment overview|Fifth Amendment: | |||
* generally protects against abuse in criminal prosecutions | |||
* as well as importantly requiring the government to compensate for property "takings" | |||
* the 5th most importantly protects citizens from arbitrary (random) application of the laws ("due process") | |||
** "procedural law" is one of the most important protections in the Constitution | |||
** = that the "process" of the law must be followed in order for a law to be prosecuted | |||
* other protections and rights: | |||
** grand juries for indictment (criminal accusation) | |||
** protects against self-incrimination and multiple charges for a crime | |||
** compensation for "takings" (seizure) of private property for public use}}''' | |||
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a '''{{#tip-text:presentment or indictment of a Grand Jury|Grand Jury | |||
* = tribunals of citizens, usually 12-23 (16-23 under current Federal law) who decide or authorize criminal charges (indictments) | |||
* grand juries require simple majorities, i.e. +50% (as opposed to courtroom juries which require unanimous, or 100%, agreement for conviction) | |||
* grand juries are designed to ensure public oversight of criminal prosecutions | |||
** i.e., they are designed to protect against arbitrary (random) or abusive prosecutions by requiring citizen input | |||
Issues, problems & limits: | |||
* prosecutors have enormous powers to compel grand juries to act on their behalf, especially by | |||
** holding them for extended periods of time | |||
** controlling the jury's access to witnesses and information (providing, as it were, "only half the story") | |||
** compelling witness testimony, especially in "fishing expeditions" | |||
** = when prosecutors use a grand jury to gather new information and not to merely to decide to bring charges on something already known}}''', '''{{#tip-text:except in cases arising in the land or naval forces, or in the Militia|military law | |||
* = the Constitution here distinguishes civil from military law | |||
* i.e., the standards of behavior and criminality are different in the military than in civilian life | |||
* the Constitution here again makes an exception for greater governmental powers concerning times of emergency, threats to the public safety and war}}''', when in actual service in time of War or public danger; nor shall any person be subject for the '''{{#tip-text:same offence to be twice put in jeopardy of life or limb|"Double jeapardy" clause | |||
* "jeopardy" means in danger of punishment for a crime | |||
* protects against re-indictment of a crime that has already been prosecuted | |||
* especially so that a person who is acquitted (found innocent) of a crime will not be charged again for the same crime | |||
* or receive multiple punishments for a single crime | |||
** which is why prosecutors frequently make multiple charges (violation of the law) on a single criminal act | |||
** i.e. "multiple counts" = a single criminal act may constitution violation of multiple laws | |||
* thus the protection against "double jeopardy" is a protection against arbitrary application of the law | |||
Issues, problems & limits: | |||
* the protection against double jeopardy does not extend to multiple jurisdictions (places or levels of sovereignty, i.e, local, state and Federal law) | |||
* the "Separate sovereigns doctrine" holds that a single act that violates both a state or Federal law may, or other states' laws, be prosecuted separately | |||
** the doctrine was upheld by the Supreme Court in Gamble v. U.S. (2019) | |||
* problems with the separate sovereigns doctrine include: | |||
** it creates "overlapping" and not "separate" sovereignties | |||
** growth in Federal criminal law duplicates much state law | |||
** creates opportunity for prosecutorial abuse (prosecutions that are intended to target someone and not merely uphold the law) | |||
** raises questions about Governor or Presidential pardons, i.e., does a Presidential pardon for a crime also apply to a conviction for the same crime under state law?}}'''; nor shall be '''{{#tip-text:compelled in any criminal case to be a witness against himself|"witness against himself" | |||
* = protection against "self-incrimination" | |||
* a person charged with a crime is protected against providing testimony | |||
* known as "taking the Fifth" or "pleading the Fifth" | |||
= exercising one's right not to stand as witness against oneself | |||
* prosecutors may not use this exercise of the Fifth Amendment as evidence of guilt | |||
** i.e, refusal to give testimony against oneself is not an admission of guilt}}''', nor be '''{{#tip-text:deprived of life, liberty, or property, without due process of law|"Due Process Clause" | |||
* "due process" means that the law and protections in the Constitution must be followed completely for imposition of penalties ("deprived of life, liberty, or property") as a consequence of violating a law | |||
* = an important protection against arbitrary (random or select) application of the law and "fair" and "orderly" justice | |||
** ie., that the laws be carried out evenly and according to established legal rules and principles | |||
* the Fourteenth Amendment explicitly extended this protection to state law | |||
* a core application of this clause is that the government can not, for example, use evidence acquired without the Fourth Amendment protection against "unreasonable search and seizures" | |||
* the Court has categorized the Due Process Clause into: | |||
* procedural due process | |||
** = guarantees of fairness and appropriateness in a court proceeding | |||
** ex., a Court must have legal jurisdiction (authority) in order to prosecute a case | |||
** "process" means the laws, guarantees and protections must be followed | |||
* substantive due process | |||
** = protects the "substantial" or fundamental rights of individuals | |||
** even if those rights are not explicit in the law | |||
** ex., one's right to hold a job or a right to privacy | |||
** substantive due process is problematic in that it involves Court "creation" of rights not in laws drawn by the Constitution or legislatures}}'''; nor shall private property be '''{{#tip-text:taken for public use, without just compensation|"Just Compensation Clause" | |||
* also known as the "Takings Clause" | |||
* = the government may seize property for "public use" | |||
** i.e., to build a park or a road | |||
* but the government must provide "just compensation" for that property, i.e. must pay a fair price for it (usually a current "market" price, i.e, what someone else would reasonable pay for the property) | |||
* = an important protection against arbitrary rule, under which a government can just take someone's property | |||
** such power exists in many other countries, and their citizens are thereby subject to an arbitrary, or random/select, governmental power | |||
Issues, problems & limits: | |||
* the definition of "public use" has been extended beyond what traditionally was understood to be a specific common property (a road, bridge, railroad, park, school, etc.) | |||
** and in Kelo v. City of New London (2005) was allowed to include a general public benefit such to promote "economic activity" in an area by seizing properties and selling them to private interests with the intent to build something that would create economic activity (in "Kelo" this was a private "redevelopment" of an impoverished part of the city) | |||
** some states have codified (explicit law) "public use" to forbid such private transfers of property under the guise (pretension/purpose) of "public use" | |||
** however, "Kelo" is Federal law and has allowed for a "broad" or "expansive" interpretation of what constitutes "public use"}}'''. | |||
}}''' | ===Amendment 6 [trial and court protections]=== | ||
'''{{#tip-text:[Amendment 6 overview]|Sixth Amendment | |||
* regards criminal prosecutions | |||
* protects certain rights of the "accused" (someone charged with a crime), including: | |||
** jury trial by peers & in the jurisdiction in which the crime occurred | |||
** speedy trial | |||
** access to witnesses (know the accusers) | |||
** legal assistance ("counsel" for "lawyer") | |||
* the Sixth Amendment importantly affirms due process and protects against arbitrary application of the law* | |||
Issues, problems & limits | |||
* the Sixth amendment sets "ground rules" for criminal trials | |||
* however, criminal law and due process regarding its application is complicated, complex, and subject to tradition and case & statutory law | |||
* protection of the rights of criminals, even those charged with heinous crimes is an essential protection for all citizens}}''' | |||
In all '''{{#tip-text:criminal prosecutions|"criminal prosecutions" | |||
* originally applied to the Federal government | |||
* "incorporation" (application) of the BoR via the Fourteenth amendment applies these protections to the states | |||
* with the growth of Federal police powers and criminal code, these protections are especially important}}''', the accused shall enjoy the right to a '''{{#tip-text:speedy and public trial|"speedy and public trial" | |||
* "speedy" = protects against unreasonable delays in holding a trial, as well as lengthy & unaccountable incarceration (imprisonment) | |||
** as per the saying, "justice delayed is justice denied" | |||
* "public"= protects against secret courts and ensures public scrutiny of government actions in a trial | |||
** = protection against arbitrary power and serves to hold the government accountable}}''', by an '''{{#tip-text:impartial jury|"impartial jury" | |||
* the role of a jury is to decide the facts (not the law) thus, "impartial jury" | |||
* proving guilt: not in the Constitution but upheld by the Court: | |||
** "burden of proof" is upon the government and not the accused, who is "presumed innocent" | |||
** "beyond a reasonable doubt" = a criminal charge must be prove by the government | |||
*** note that in civil law (disputes between parties, not criminal charges) the burden of proof is "preponderance of evidence" (likeliness of the evidence) | |||
Issues, problems & limits: | |||
* juries operate under court instructions, so "impartial" is limited by a judge's actions | |||
* the Supreme Court has exempted "petty crimes" from Sixth Amendment protection for a jury trial | |||
** = crimes with maximum punishments less than six months | |||
* jury trials can be political, subject to abuse or illegal behavior by prosecutors (such as withholding exculpatory evidence, i.e. evidence that shows innocence), witness tampering and witness perjury, etc. | |||
* nevertheless, the Courts, case law, tradition and statutory law are designed to make criminal trials as fair as possible | |||
* a fair criminal trial is an essential protection against arbitrary and tyrannical rule}}''' of the State and district '''{{#tip-text:wherein the crime shall have been committed|"trial by peers" | |||
* = by holding a trial where the crime was committed means | |||
** that the government cannot arbitrarily move a trial to a place of its choosing or for its own benefit | |||
*** such as choosing courts based upon desired outcomes | |||
** so this protection, while seemingly logical or obvious, is very important to avoid governmental abuse}}''', which district shall have been '''{{#tip-text:previously ascertained by law|"previously ascertained by law" | |||
* = the government cannot create a court or district in order to prosecute a case | |||
** i.e., the court must be already in existence}}''', and to be '''{{#tip-text:informed of the nature and cause of the accusation|"Right to Notice of Accusation" | |||
* = a right to know under what law one is being prosecuted | |||
* = a right to defend oneself against actual and not secret or arbitrary charges}}'''; to be '''{{#tip-text:confronted with the witnesses against him|"face ones accusers" | |||
* makes charges public and knowable | |||
* holds accusers and the government accountable | |||
* protects against arbitrary prosecutions'''}}; to have '''{{#tip-text:compulsory process for obtaining witnesses in his favor|"obtaining witnesses" | |||
* again, an important protection against government abuse | |||
* "compulsory process" = even a witness who does not want to testify may be compelled (forced) to testify if a defendant requests it}}''', and to have the '''{{#tip-text:Assistance of Counsel for his defence|right to an attorney | |||
* the right to counsel (attorney) is an important protection against governmental abuse | |||
** since the law is complicated, trials can be one-sided, etc. | |||
** so a defendant has the right to have a legal expert and advocate (someone who speaks for the defendant) | |||
Issues, problems & limits | |||
* since impoverished defendants may not have the ability to hire an attorney, the Courts established the right to an attorney paid for by the government | |||
* this brings up many issues regarding the quality and perspective of that attorney, but it is an important protection}}'''.''' | |||
===Amendment 7 [civil suits protection of jury & common law]=== | |||
'''{{#tip-text:[Amendment 7 overview]|Seventh Amendment | |||
* sets certain protections under federal law regarding | |||
** right to jury trial in civil suits | |||
** protection against overruling jury decisions of fact (the "Rexamination clause")}}''' | |||
In Suits at '''{{#tip-text:common law|"common law" = | |||
* rules of courts and lawsuits as established by long precedent (legal tradition and previous rulings) | |||
* the 7th Amendment regards civil and not criminal law suits}}''', where the value in controversy '''{{#tip-text:shall exceed twenty dollars, the right of trial by jury shall be preserved|jury trial in civil suits | |||
* preserves the right of a defendant to demand a jury trial in a civil case | |||
** however the value of the legal dispute must exceed $25.00 | |||
* under the common law at the time of adoption of the Constitution, jury trial meant: | |||
** jury of 12 men (changed to a minimum of 6 persons in 1973) | |||
** requires unanimous verdict | |||
** jury subject to a trial judge's instructions regarding the law and permissible evidence | |||
** also allowed the judge to discretion to over-rule the jury on a verdict that the judge deems violates the law or the evidence | |||
** note that this power of judge is not allowed in criminal trials}}''', and '''{{#tip-text:no fact tried by a jury, shall be otherwise re-examined in any Court of the United States|* the Rexamination Clause | |||
* prohibits any court from overruling a decision of fact by a jury | |||
** note that this does not mean a jury decision of guilt, which can be re-examined}}''', than according to the rules of the common law. | |||
===Amendment 8 [excessive bail and limits on punishments]=== | |||
'''{{#tip-text:[Amendment 8 overview]|Eighth Amendment | |||
* protects against arbitrary and "excessive" bail and punishments | |||
* these protections are very important to civil, democratic and free society | |||
** as tyrannical rulers will inflict severe and excessive penalties and punishments upon political or personal enemies}}''' | |||
'''{{#tip-text:Excessive bail|bail = | |||
* a refundable fee required for release from prison pending a trial | |||
* the protection against "excessive bail" is an important protection against arbitrary rule | |||
* because a magistrate (court official) or judge could impose high bail amounts simply to keep someone in prison and not for any particular reason such as risk of flight (running away), danger to the community, etc.}}''' shall not be required, nor '''{{#tip-text:excessive fines imposed, nor cruel and unusual punishments inflicted|abusive fines and punishments | |||
* protects against retributive or abusive justice designed to inflict physical or financial harm beyond reasonable and legal limits | |||
* = protection against arbitrary rule | |||
* problems and limits: | |||
** sometimes a minimum and usually a maximum fine is set by statutory law | |||
** however, a judge could still impose the least or the highest punishment according to personal or political whim, which is arbitrary | |||
** "cruel and unusual" creates a standard which has been disputed, especially regarding capital punishment (death penalty) | |||
** is it "cruel" and "unusual" to put someone to death? | |||
** it has been generally held by the courts that capital punishment is not inherently cruel or unusual, | |||
** however, carrying it out in cruel or unusual ways is in violation (i.e. causing excessive pain, or carrying out the execution in a bizarre manner)}}'''. | |||
===Amendment 9 [rights not enumerated belong to the people]=== | |||
'''{{#tip-text:[Amendment 9 overview]|Ninth Amendment | |||
* affirms that the rights of the people are not limited to the rights that are "enumerated," or, explicitly stated, in the Constitution | |||
* it may seem obvious to people today that the rights of the people extend well past those protected by the original Constitution, as well as by subsequent amendments | |||
** however, it remains a significant limit upon the powers of the central government | |||
** and affirms that the rights of the people are not derived from the government | |||
* the Federalists (see Hamilton No. 84) argued that this Amendment sufficed to preserve all the rights of the people | |||
** thereby a "bill or rights" would be unnecessary | |||
** additionally, he reasoned, enumerating a bill of rights would risk limiting the rights of the people to the rights listed in a bill or rights | |||
** subsequently, judicial review has accomplished the same, but Hamilton's warning remains cogent (logical), as the Courts can only rule on disputes in the law | |||
** the Ninth amendment has been rarely adjudicated (ruled on by the Courts) | |||
** it was invoked in by the Court in ''Griswold v. Connecticut'' (1965)}}''' | |||
== | The '''{{#tip-text:enumeration in the Constitution, of certain rights|enumeration of rights | ||
* "enumeration" = explicit listing | |||
* therefore = the listing of "certain rights" in the Constitution}}''', '''{{#tip-text:shall not be construed|construed | |||
* = interpreted, "taken to mean"}}''' to '''{{#tip-text:deny or disparage|deny or disparage | |||
* "deny" = to take away | |||
* "disparage" = to treat as lesser, to ignore}}''' others '''{{#tip-text:retained by the people|retained by the people | |||
* "retained" = held, reserved for | |||
* so the entire sentence affirms that even though the Constitution protects certain rights of the people, all other rights not listed (enumerated) are also protected}}'''. | |||
=== | ===Amendment 10 [powers not delegated to the Federal gov reserved to the states & the people]=== | ||
'''{{#tip-text:[Amendment 10 overview]|Tenth Amendment | |||
* "retains" or holds/ reserves all powers not "delegated" (given) to the Federal government under the Constitution to the states and/or the people | |||
limits and problems: | |||
* as the Courts have expanded the delegated and implied powers of Congress, the 10th amendment has been inherently weakened | |||
* the 10th Amendment is rarely used to invalidate a federal law | |||
* however, when the Courts do limit federal powers, the 10th amendment offers powerful context | |||
** such as in US v. Lopez (1995) which struck down a federal law that limited 2nd amendment rights | |||
** the Court ruled that the law at question extended beyond a "national" interest and encroached upon a "local" interest | |||
*** the law barred gun possession within a certain distance from a school, and the Congress justified the law based on the Commerce Clause, which the Court rescinded | |||
* }}''' | |||
The powers '''{{#tip-text:not delegated|not delegated | |||
* i.e., powers that are not provided/extended to the federal (central) government by the Constitution}}''' to the United States by the Constitution, '''{{#tip-text:nor prohibited by it to the States|"prohibited by it to the states" | |||
* the states retain all powers except those "expressly" or directly provided to the federal government in the Constitution | |||
* except for those powers which are explicitly "prohibited" from the states in the Constitution (such as in Article VI)* }}''', are reserved to the States respectively, or to the people. | |||
== | ==Amendments XI-XVII== | ||
{| class="wikitable" style="max-width: 1000px " | {| class="wikitable" style="max-width: 1000px " | ||
| | | | ||
===Amendment 11:limits certain judicial powers (ratified Feb. 7, 1795) === | |||
{{#tip-text: Amendment 11|1795: | |||
* clarifies / limits judicial powers regarding suits between citizens & states & foreign nations}} | |||
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. | |||
{{#tip-text: Amendment | | ===Amendment 12: presidential election by "ticket" (ratified July 27, 1804)=== | ||
{{#tip-text: Amendment 12| | |||
* reorganizes presidential elections | |||
* esp. electoral college rules for selection of the Vice President | |||
** the 12th amendment joins the President and Vice President candidates into a "single ticket" | |||
** the problem before was that in the original Constitution, the Vice President was the runner up (2nd place) | |||
** 1796 election: John Adams became President, while his political opponent, Thomas Jefferson became Vice President | |||
** 1800 election: Jefferson and his Vice Presidential candidate, Aaron Burr, won the same number of electoral college votes, which threw the election into the House of Representatives}} | |||
The Electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists 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 for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing 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. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States. | |||
===Amendment 13:abolishes slavery (ratified Dec. 6, 1865)=== | |||
{{#tip-text: Amendment 13|abolishes slavery | |||
}} | }} | ||
{{#tip-text: Amendment | | Section 1. Neither Slavery, nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. | ||
}} | |||
{{#tip-text: Amendment | | Section 2. Congress shall have power to enforce this article by appropriate legislation. | ||
}} | |||
{{#tip-text: Amendment | | ===Amendment 14: equal protection & due process (ratified July 9, 1868)=== | ||
}} | |||
{{#tip-text: Amendment 14|protects civil liberties of freed slaves | |||
}} | |||
{{#tip-text: Amendment | | |||
}} | Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. | ||
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty one years of age in such State. | |||
{{#tip-text: Amendment | | |||
}} | Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two thirds of each House, remove such disability. | ||
{{#tip-text: Amendment | | |||
}} | Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. | ||
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provision of this article. | |||
{{#tip-text: Amendment | | |||
}} | ===Amendment 15: right to vote for all males (freed slaves) (ratified Feb. 3, 1870) === | ||
{{#tip-text: Amendment 15 |secures right to vote for former slaves | |||
{{#tip-text: Amendment | | }} | ||
}} | |||
{{#tip-text: Amendment | | Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitude. | ||
}} | |||
{{#tip-text: Amendment | | Section 2. The Congress shall have power to enforce this article by appropriate legislation. | ||
}} | |||
===Amendment 16: income tax (ratified Feb. 3, 1913) === | |||
{{#tip-text: Amendment | | {{#tip-text: Amendment 16|establishes income tax | ||
}} | }} | ||
{{#tip-text: Amendment | | |||
}} | The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. | ||
{{#tip-text: Amendment | | |||
}} | ===Amendment 17:direct election of Senators (ratified April 8, 1913) === | ||
{{#tip-text: Amendment 17|direct election of Senators | |||
{{#tip-text: Amendment | | * removes the power of state legislatures to choose senators | ||
}} | * senators to be elected by "direct vote" of the people | ||
** i.e., by popular vote | |||
* clarifies the language of the original Constitution regarding Senators | |||
* provides power to state governors to fill Senate vacancies by temporary appointment | |||
** and new election of that seat to be organized by the state legislature | |||
}} | |||
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. | |||
When vacancies happen in the representation of any State in the Senate, 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. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. | |||
===Amendment 18: abolition of sale of alcohol (ratified Jan. 16, 1919) === | |||
{{#tip-text: Amendment 18|abolition of interstate sale of alcohol | |||
}} | |||
Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. | |||
Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. | |||
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. | |||
===Amendment 19: right to vote for women (ratified Aug. 18, 1920) === | |||
{{#tip-text: Amendment 19|secures right to vote for women | |||
}} | |||
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation. | |||
===Amendment 20: presidential inauguration moved to January (ratified Jan. 23, 1933) === | |||
{{#tip-text: Amendment 20|presidential inauguration & opening of new sessions of Congress moved to January from March | |||
* the new President and Vice President, and newly elected Congress were set by the original Constitution to open on March 4 of the year subsequent to those elections | |||
* after the 1932 election, the "lame duck" (powerless) presidency of outgoing President, Hoover and the sitting Congress led to an extended period of inaction and uncertainty as the Great Depression worsened | |||
* the Constitution was changed to ensure quicker inauguration of the newly elected government | |||
}} | |||
Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the third day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. | |||
Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the third day of January, unless they shall by law appoint a different day. | |||
Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. 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, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified. | |||
Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them. | |||
Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. | |||
Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three fourths of the several States within seven years from the date of its submission. | |||
===Amendment 21: repeal of 18th Amendment (ratified Dec. 5, 1933) === | |||
{{#tip-text: Amendment 21|overturns 18th amendment | |||
}} | |||
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. | |||
Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. | |||
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. | |||
===Amendment 22: limit President to 2 terms (ratified Feb. 27, 1951) === | |||
{{#tip-text: Amendment 22| | |||
}} | |||
Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term. | |||
Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three fourths of the several States within seven years from the date of its submission to the States by the Congress. | |||
===Amendment 23: electoral college representation for DC (ratified March 29, 1961) === | |||
{{#tip-text: Amendment 23| | |||
}} | |||
Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: | |||
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. | |||
Section 2. The Congress shall have power to enforce this article by appropriate legislation. | |||
===Amendment 24: abolition of poll taxes (ratified Jan. 23, 1964) === | |||
{{#tip-text: Amendment 24| | |||
}} | |||
Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. | |||
Section 2. The Congress shall have power to enforce this article by appropriate legislation. | |||
===Amendment 25: presidential removal and succession (ratified Feb. 10, 1967) === | |||
{{#tip-text: Amendment 25| | |||
}} | |||
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. | |||
Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. | |||
Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. | |||
Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. | |||
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office. | |||
===Amendment 26:age to vote set to 18 (ratified July 1, 1971) === | |||
{{#tip-text: Amendment 26| | |||
}} | |||
Section 1. The right of citizens of the United States, who are 18 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. | |||
Section 2. The Congress shall have power to enforce this article by appropriate legislation. | |||
===Amendment 27: prohibits Congressional compensation raise during same term (ratified May 7, 1992) === | |||
{{#tip-text: Amendment 27| | |||
}} | |||
No law, varying the compensation for the services of the Senators and Representatives, shall take effect until an election of Representatives shall have intervened. | |||
== Notes & sources == | ==Notes & sources== | ||
=== Sources === | ===Sources=== | ||
* for direct taxes under the original Constitution, see [https://law.utexas.edu/faculty/calvinjohnson/directtax.pdf APPORTIONMENT OF DIRECT TAXES: | * for direct taxes under the original Constitution, see [https://law.utexas.edu/faculty/calvinjohnson/directtax.pdf APPORTIONMENT OF DIRECT TAXES: | ||
THE FOUL-UP IN THE CORE OF THE CONSTITUTION (law.utexas.edu)] | THE FOUL-UP IN THE CORE OF THE CONSTITUTION (law.utexas.edu)] | ||
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