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US Constitution study guide: Difference between revisions
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'''[[Constitution (US)|Constitution]] of the United States Popup Study Guide''' | '''[[Constitution (US)|Constitution]] of the United States Popup Study Guide''' | ||
>> to do: | * >> to do: | ||
complete hover notes | ** complete hover notes | ||
amendments 11-28 | ** amendments 11-28 | ||
complete [bracketing out] amended sections of original Constitution | ** complete [bracketing out] amended sections of original Constitution | ||
<br><br> | |||
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'''Notes on the format and use of the Constitution Popup Study Guide''':<br> | |||
• hover over '''{{#tip-text: underlined/ bolded words|explanations and definitions will show in these hover boxes}}''' for explanations and definitions<br> | |||
• the Constitution's '''{{#tip-text:Article, Section & Amendment headings|the Constitution's "Article", "Section" and "Amendment" headings in the table of contents will include "hover" and parenthetical information about their purposes (parenthetical information here is not in the original text)}}''' "Article", "Section" and "Amendment" headings in the table of contents will also include "hover" and parenthetical information about their purposes<br> | |||
* | • <span style="background-color:#f2f2f2">[bracketed]</span> sections have been '''{{#tip-text:changed by subsequent Constitutional amendment|* i.e., original text was changed by later amendments | ||
* and that original text is no longer law}}'''<br> | |||
• this article uses '''{{#tip-text:(parenthetical notes)|the parentheses are to provide a short description of each Article, Section and Amendment | |||
and so the description will show up in the Table of Contents}}''' that are not from the text of the Constitution<br> | |||
• note that the table of contents entries are hyperlinks and therefore are underlined by default<br> | |||
• if the hover box text is cut off in your browser view, scroll your browser up/ down to reposition it<br><br> | |||
'''Notes on the adoption of the Constitution''':<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"}}''' | |||
the '''{{#tip-text:Congress of the Confederation|the Congress and national government as operating under the authority of the "Articles of Confederation and Perpetual Union"<br> | |||
• considered, the third Continental Congress, the Congress of Confederation was adopted following the end of hostilities in the Revolutionary War in 1781}}''' submitted the proposed Constitution to the states for "ratification" by the states<br> | |||
• as per "Article 7.", upon ratification by the ninth state, the Constitution was to go into effect<br> | |||
• New Hampshire became the ninth state to ratify it on June 21, 1788<br> | |||
•• Delaware was the first state to ratify it, on December 7, 1878<br> | |||
• The Congress of the Confederation certified the new Constitution's ratification on September 13, 1788<br> | |||
• the new Congress first "convened" (officially met) on March 4, 1789 <br> | |||
•• George Washington became the first President on April 30, 1789<br> | |||
•• a series of Amendments, known as the "Bill of Rights", were transmitted to the states for ratification on September 25, 1789<br> | |||
•• most of the Bill of Rights was fully ratified by the states and officially became Amendments 1-10 on December 15, 1791 | |||
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<big>The following is the text of the '''{{#tip-text: Constitution|a constitution = | |||
* fundamental law | |||
* sets the underlying rules and structures for a government or organization | |||
* in the United States it is the supreme law of the land | |||
* the United States Constitution is the oldest and shortest written constitution in the world. | |||
* the purpose of the U.S. Constitution was to structure a new government and to set the extents (powers) and limits of it | |||
* the Constitution has been amended 27 times, with the first ten amendments being known as the "Bill of Rights" | |||
* the U.S. Constitution was adopted by the Constitutional Convention of 1787, and went into effect once it was ratified by nine of the thirteen original states. | |||
* the new government it formed was opened on March 4, 1789}}''' of the United States</big> | |||
<br><br> | |||
=={{#tip-text: WE THE PEOPLE|the Constitution's 1st paragraph known as the "Preamble" | =={{#tip-text: WE THE PEOPLE|the Constitution's 1st paragraph known as the "Preamble" | ||
* the Preamble states the Constitution's general purposes | * the Preamble states the Constitution's general purposes | ||
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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. | 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. | ||
=== {{#tip-text: Section 8.| | === {{#tip-text: Section 8.|Article 1, Section 8 is among the most contested and reviewed sections of the Constitution | ||
Article 1, Section 8 is among the most contested and reviewed sections of the Constitution | |||
* Section 8 "enumerates" or "expresses" the powers of Congress | * Section 8 "enumerates" or "expresses" the powers of Congress | ||
* i.e, Section 8 lists out exactly what Congress can do in law | * i.e, Section 8 lists out exactly what Congress can do in law | ||
* nominally (meaning stated but not in reality), Congress can only do what is expressed here & elsewhere in the Constitution | * nominally (meaning stated but not in reality), Congress can only do what is expressed here & elsewhere in the Constitution | ||
* however, the "General welfare," "Commerce" and "Necessary and Proper" clauses allow Congress to do most anything it wants so long as it or the courts can justify it under these clauses | * however, the "General welfare," "Commerce" and "Necessary and Proper" clauses allow Congress to do most anything it wants so long as it or the courts can justify it under these clauses | ||
* the modern bureaucratic state exists only under "expansive" or broad interpretations of those clauses by Congress and the Courts}} (Enumerated powers of the Congress, including General Welfare, Commerce & Necessary & Proper clauses)=== | * the modern bureaucratic state exists only under "expansive" or broad interpretations of those clauses by Congress and the Courts}} (Enumerated powers of the Congress, including General Welfare, Commerce & Necessary & Proper clauses)}} (the enumerated powers of Congress)=== | ||
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. | |||
=== {{#tip-text: Section 9. 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.=== | === {{#tip-text: Section 9.|Enumerated limits on the powers of Congress, including: | ||
* no suspension of Habeas Corpus except in times of emergencies | |||
* no "per head" (per person) or "direct tax" (i.e, a tax directly on the people): superceded by the 16th Amendment | |||
* no taxes on inter-state trade | |||
* there shall be no ban on importation of slaves before 1808}} (Enumerated limits on the powers of Congress)=== | |||
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 ex 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 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. | ||