U.S. Constitution study guide: Difference between revisions

From A+ Club Lesson Planner & Study Guide
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* so if the people deem it necessary, then their representatives would pass such a law
* so if the people deem it necessary, then their representatives would pass such a law
Issues, problems & limits:
Issues, problems & limits:
* the ban on quartering (housing) soldiers is absolute for times of peace (except w/ owner's consent), but not for times of war
* 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, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be '''{{#tip-text:prescribed by law|prescribed by law
No Soldier shall, '''{{#tip-text:in time of peace|"time of peace"
* = a strict ban on placement of soldiers in homes without consent of the owner during peacetime}}''' be '''{{#tip-text:quartered|"quartered"
* "quarters" are living accommodations or lodgings
* so "to quarter" = to put someone into a lodging or house, in this case private houses}}''' in any house, without the consent of the Owner, '''{{#tip-text:nor in time of war|"nor in time of war"
* = allows for "quartering" during a war
* but only under a law passed by Congress for it
* note that the Constitution and its Amendments frequently allow for extra governmental powers under special circumstances}}''', but in a manner to be '''{{#tip-text:prescribed by law|prescribed by law
* = that any placement of soldiers in private homes must be according to law
* = that any placement of soldiers in private homes must be according to law
* = passed by the Congress and signed into law by the President
* = passed by the Congress and signed into law by the President

Revision as of 16:00, 15 December 2021

Constitution of the United States Popup Study Guide or Constitution of the United States Annotated Study Guide

  • article under construction
  • as of 12/5/21, the original Constitution entries are complete, including amended sections of the original Constitution which are grayed out
    • current focus is on the Bill or Rights (Amendment 1 under construction as of 12/5/21)
  • future projects include:
    • adding footnote references and sources (see Amendment 1 for an example)
    • adjusting formatting per user feedback




Purpose of the U.S. Constitution Popup Study Guide
• this annotated guide to the text of the Constitution is designed for students and teachers for
•• easy-to-consume definitions, explanations and background information
•• that do not require additional clicks or page navigation
•• instead, study guide tips will "popup" upon cursor or mouse hover of bolded words or phrases

Notes on the format and use of the Constitution Popup Study Guide:
• hover your mouse or cursor over or touch underlined/ bolded words for popup summaries, explanations and definitions
grayed-out sections have been changed by subsequent Constitutional amendment
• Section headers that appear in the table of contents are in bold by default but do not have hover popup notes
• note that the table of contents entries are hyperlinks and therefore are underlined by default
• if the hover box text is cut off in your browser view, scroll your browser up/ down to reposition it
• this article uses [bracketed parenthetical notes] that are not from the text of the Constitution

Click EXPAND for a note for mobile phone users

• the Constitution popup study guide is formatted for tablet & pc-size screens • mouse/hover popups are not mobile-friendly • 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

Additional Constitution sources:
•• the below references are useful but frequently complex, legalistic and not easy for students to read or understand
click EXPAND for additional sources & annotated texts of the Constitution:

Notes on the adoption of the Constitution:
• Articles I through VII are the original Constitution as adopted by the Constitutional Convention of 1787 on September 15, 1787
• The original Constitution structured the Federal government
• Its text and plain meaning is modified by "amendments" and its interpretation is modified via "judicial review" by the courts
click EXPAND for notes & historical background on the adoption of the U.S. Constitution:

• the Congress of the Confederation submitted the proposed Constitution to the states for "ratification"
• as per "Article 7.", upon ratification by the ninth of the original thirteen states, the Constitution went into effect
•• Delaware was the first state to ratify it, on December 7, 1878
•• New Hampshire became the ninth state to ratify it on June 21, 1788
• The Congress of the Confederation certified the new Constitution's ratification on September 13, 1788
• the new Congress first "convened" (officially met) on March 4, 1789
•• George Washington became the first President on April 30, 1789
•• a series of amendments, known as the "Bill of Rights", were transmitted to the states for ratification on September 25, 1789

•• 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

Notes on the adoption of the Bill or Rights (Amendments 1-10):
• the first ten amendments to the Constitution are known collectively as the "Bill or Rights" (BOR) and was ratified on Dec 15, 1791
• 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
• the BOR protections were originally upon the Federal government and not the states (see annotations in the text of the Constitution below on this topic) click EXPAND for notes & historical background on the adoption of the Bill or Rights:

• during the debates over adoption of the Constitution, the "anti-federalists," who opposed it, argued forcefully that the Constitution gave too much power to the central government and offered no protections for the people and their rights (which were commonly expressed in a "Bill of Rights" in England, the colonies and some of the new states)
• the Federalists, who supported it, argued that the Constitution merely structed the new central government and therefor any powers or protection not in it belonged to the people
James Madison, a Federalist and the principal author of the BOR, did not consider the amendments essential, but he understood the political need for them
•• to resolve the contentious debate over ratification of the Constitution in Massachusetts in Dec 1787-Jan 1788, Revolutionary heroes, Samuel Adams and John Hancock, both anti-Federalists, agreed to support adoption of the Constitution if accompanied by proposed amendments to it, including protection of certain individual rights
• subsequently, Virginia and New York ratified it along with proposed amendments
•• so it was understood that a Bill or Rights would be added to the Constitution following adoption of it and commencement of the new government in 1790
• Madison feared that a general convention, called by the states per Article V, might take the opportunity for direct amendment of the Constitution, as opposed to merely adding the BOR
•• therefore he and the Federalists, who controlled the first Congress, used Article V power for Congress by 2/3rds vote to propose amendments for consideration by the states
•• a series of amendments were introduced to the House of Representatives by Madison, including one to apply the BOR to the states and another to add the protection of natural rights to the Preamble
•• the House approved 17 Articles, the Senate approved 12
•• the states ratified 10 of them as of Dec 15, 1791

•• one of the two remaining Articles was adopted on May 5, 1992 as the 27th amendment (regarding Congressional compensation)


The following is the text of the Constitution of the United States of America with mouse/cursor hover popup explanations

WE THE PEOPLE [the "Preamble" states general purpose of the Constitution][edit | edit source]

[The Preamble overview]

WE THE PEOPLE in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article 1. [Legislative branch][edit | edit source]

Section 1. [Establishes the House of Representatives][edit | edit source]

[Section 1 overview.]
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2. [composition of the House & requirements for office, Enumeration clause & impeachment][edit | edit source]

[Section 2. overview]

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to 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.

The House of Representatives shall choose their speaker and other Officers; and shall have the sole Power of Impeachment.

Section 3. [establishes the Senate, its composition & requirements for office and impeachment][edit | edit source]

Section 3 overview.

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature 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, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to law.

Section 4. [election of Senators & timing of sessions of Congress][edit | edit source]

[Section 4. overview]

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 Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Section 5. [independence of each house of Congress][edit | edit source]

Section 5. overview

Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section 6. [protections against persecution and limits on holding office for Members of Congress][edit | edit source]

[Section 6. overview]

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been 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][edit | edit source]

[Section 7. overview]

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section 8. [Enumerated powers of the Congress, including General Welfare, Commerce & Necessary & Proper clauses][edit | edit source]

[Section 8. overview]

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the Credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the securities and current Coin of the United States; To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; to constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section 9. [Enumerated limits on the powers of Congress][edit | edit source]

Section 9. overview

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or eex post facto Law shall be passed.

No Capitation, or other direct, Tax 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 preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No money shall be drawn from the Treasury but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section 10. [limits on powers of the states][edit | edit source]

Section 10. overview

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emits Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

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.

Article II [Executive branch][edit | edit source]

Article II overview

Section 1. [Establishes the office the President][edit | edit source]

Section 1. overview

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same term, be elected, as follows

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a majority of the whole Number of Electors appointed; and if there be no more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately choose by Ballot one of them for President: and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner choose the President. But in choosing the President, the Votes shall be taken by the states, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall choose from them by Ballot the Vice President.

The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

Section 2. [Powers and roles of the President][edit | edit source]

Section 2. overview

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section 3. [Requirements & duties of the presidency][edit | edit source]

Section 3. overview

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section 4. [Impeachment][edit | edit source]

Section 3. overview The President, Vice President, and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.

Article III [Judicial branch][edit | edit source]

Section 1. [Establishes the Judicial branch][edit | edit source]

[Section 1. Overview]

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2. [Defines Court powers and limits][edit | edit source]

Section 2. overview]

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another state; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3. [Treason][edit | edit source]

[Section 3. overview]

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article IV [Relations between States, and between States & the Federal Government][edit | edit source]

Section 1. [Full Faith & Credit clause][edit | edit source]

[Section 1. Summary]

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.=== And the Congress may be general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section 2. [Privileges and Immunities clause][edit | edit source]

[Section 2. Summary]

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Section 3. [Admission of new states & the Property Clause][edit | edit source]

[Section 3. Summary]

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 Property or Territory Clause:

  • 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
  • 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 as to Prejudice any Claims of the United States, or of any particular State.

    Section 4. [Guarantees of Republican governance, protection against invasion & domestic violence][edit | edit source]

    Section 4. overview

    The United States shall guarantee to every State in this Union a Republican form of government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Article V [Constitutional amendment][edit | edit source]

[Article V. overview]

The Congress, whenever two thirds of both Housesshall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One Thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate .

Article VI [Debts, Supremacy clause, Oath of Office & no religious Test][edit | edit source]

[Article 6. overview]

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article VII [Ratification][edit | edit source]

Article VII overview

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

Amendments to the Constitution

Bill of Rights [Amendments 1-10][edit | edit source]

[BIll of Rights overview] and historical background

Amendment 1 [protections of religion, speech, press, assembly & petition][edit | edit source]

[Amendment 1 overview]

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof[1]; or abridging the freedom of speech, or of the press[2], or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment 2 [right to bear arms][edit | edit source]

[Amendment 2 overview and notes on its syntax & interpretation]

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment 3 [protection against housing soldiers in private homes][edit | edit source]

[Amendment 3 overview]


No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment 4 [unreasonable searches, warrants & probable cause][edit | edit source]

[Amendment 4 overview] The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment 5[edit | edit source]

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment 6[edit | edit source]

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,=== by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment 7[edit | edit source]

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment 8[edit | edit source]

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment 9[edit | edit source]

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment 10[edit | edit source]

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

Amendment

Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment

Notes & sources[edit | edit source]

Sources[edit | edit source]

THE FOUL-UP IN THE CORE OF THE CONSTITUTION (law.utexas.edu)]