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U.S. Constitution study guide: Difference between revisions
U.S. Constitution study guide (view source)
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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] === | === 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 direct Taxes shall be '''{{#tip-text: apportioned|Apportionment: | Representatives and <span style="background-color:#cccccc>'''{{#tip-text:direct Taxes|"direct Taxes" | ||
* 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 requirement created an unworkable tax, as it meant that direct taxes would have to be calculated by ratio of state populations, meaning that if state A had twice as many residents as state B, then state A would have to account for twice amounted taxed on the smaller state | |||
* the apportionment requirement made a federal "direct" tax on incomes or property ''per person'' impractical | |||
* instead, Congress taxed transactions, so the dominant sources of tax revenue up until the 16th amendment (1913) were tariffs (taxes on imported goods) and excise taxes (taxes upon transactions) | |||
* this provision was annulled by the 16th amendment which instituted a direct income tax on individuals without "apportionment"}}''' shall be '''{{#tip-text: apportioned|Apportionment: | |||
* = dividing up, or allotting (distributing) | * = dividing up, or allotting (distributing) | ||
* = counting the population for representation in the House of Representatives or for dividing up the population for taxes}}''' among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, '''{{#tip-text:three fifths of all other Persons|Known as the "3/5ths Clause": | * = counting the population for representation in the House of Representatives or for dividing up the population for taxes}}''' among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, {{#tip-text:including those bound to Service for a Term of Years, and excluding Indians not taxed|"free persons & "Indians not taxed" | ||
* the 13th Amendment banned slavery, including indentured servants | |||
* Native Americans are now taxed, so the exclusion of "Indians not taxed" is no longer in effect}}''', {{#tip-text:three fifths of all other Persons|Known as the "3/5ths Clause": | |||
* = "apportionment" of the slave population as every 1 slave = 3/4ths of 1 population count for purposes of calculating representation in the House | * = "apportionment" of the slave population as every 1 slave = 3/4ths of 1 population count for purposes of calculating representation in the House | ||
* = a compromise was reached during the Constitutional Convention to settle the problem of representation for slaves who were not considered citizens | * = a compromise was reached during the Constitutional Convention to settle the problem of representation for slaves who were not considered citizens | ||
* Southern states wanted slaves to count in apportionment, as it would increase their population counts and, thus, their number of representatives | |||
* Northern states wanted that the slaves not be counted for apportionment in order to reduce the number of representatives from slave states | |||
* the compromise was an inverted copy of the compromise reached during the Revolutionary War regarding the apportionment (division) of the expenses of the Revolution by which the South demanded that the slaves not be counted, while the North argued that slaves should be counted -- the opposite of their arguments over apportionment for representation in the House during the Constitutional Convention.}}''' | * the compromise was an inverted copy of the compromise reached during the Revolutionary War regarding the apportionment (division) of the expenses of the Revolution by which the South demanded that the slaves not be counted, while the North argued that slaves should be counted -- the opposite of their arguments over apportionment for representation in the House during the Constitutional Convention | ||
* the Thirteenth amendment abolished slavery | |||
* the Fourteenth amendment gave full citizenship to "all persons born or naturalized in the United States," which annulled the need for apportionment regarding slaves}}'''. '''{{#tip-text:The actual Enumeration |Enumeration | |||
* = counting for purposes of apportionment of representation and direct taxes | |||
* the entire paragraph here is known as the "Enumeration clause"}}''' </span> shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. | |||
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. | When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. | ||
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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] === | === 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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* therefore creates a "bicameral" or two-house legislature with other house = House of Representatives)}}''' | * therefore creates a "bicameral" or two-house legislature with other house = House of Representatives)}}''' | ||
The '''{{#tip-text: Senate of the United States|The Senate | The '''{{#tip-text: Senate of the United States|The Senate | ||
* represents the states | * represents the states | ||
* Senators elected every six years (one-third of the Senate being up for election every two years) | * Senators elected every six years (one-third of the Senate being up for election every two years) | ||
* = distribution of power by geography (states) and time (6 year terms per member) | |||
* = important element in "checks and balances" of the Government | |||
* 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 | |||
* the Senate now consists of 100 members | * the Senate now consists of 100 members}}''' shall be composed of two Senators from each State, <span style="background-color:#cccccc> '''{{#tip-text:chosen by the Legislature|"chosen by the Legislature" | ||
}}''' shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. | * 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}}''' thereof, for six Years; and each Senator shall have one Vote. | |||
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, '''{{#tip-text: so that one third may be chosen every second Year|Rotating elections of Senators: | Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, '''{{#tip-text: so that one third may be chosen every second Year|Rotating elections of Senators: | ||
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** the reason is that the Senate is supposed to represent the states and the nation more virtually | ** the reason is that the Senate is supposed to represent the states and the nation more virtually | ||
** its members are supposed to be more "deliberative" and virtuous than members of the House of Representatives | ** its members are supposed to be more "deliberative" and virtuous than members of the House of Representatives | ||
* 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 | * 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 nine Years a citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. | ||
)}}''', and been nine Years a citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. | |||
The '''{{#tip-text: Vice President of the United States|Vice President = | The '''{{#tip-text: Vice President of the United States|Vice President = | ||
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* and to decide when and how to hold those elections | * and to decide when and how to hold those elections | ||
* note that the power is given to the state legislatures directly and not to the governors or to the states in general | * note that the power is given to the state legislatures directly and not to the governors or to the states in general | ||
* this section was partially amended by the Seventeenth Amendment}}''' | * this section was partially amended by the Seventeenth Amendment (1915)}}''' | ||
The Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators. | The Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators. | ||
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* 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 | ||
* the limitation was ruled by the Supreme Court in 1895 ("Pollock v Farmers' Loan & Trust") to prohibit a direct tax on incomes | * the limitation was ruled by the Supreme Court in 1895 ("Pollock v Farmers' Loan & Trust") to prohibit a direct tax on incomes | ||
* the 16th amendment removed this limitation and allowed for a federal tax on individual incomes}}''' shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. | * the 16th amendment removed this limitation and allowed for a federal tax on individual incomes | ||
* for more notes see the Enumeration clause in Article I, Section 2}}''' shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. | |||
No Tax or Duty shall be laid on Articles exported from any State. | No Tax or Duty shall be laid on Articles exported from any State. | ||
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}}''' | }}''' | ||
|} | |} | ||
== Notes & sources == | |||
=== Sources === | |||
* 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)] | |||