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US Constitution study guide: Difference between revisions
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* the Constitution limits the "public safety" to "Cases of" rebellion or invasion | * the Constitution limits the "public safety" to "Cases of" rebellion or invasion | ||
* Presidents Lincoln, Grant and F. Roosevelt suspended habeas corpus protections under the Civil War, Reconstruction and WWII | * Presidents Lincoln, Grant and F. Roosevelt suspended habeas corpus protections under the Civil War, Reconstruction and WWII | ||
* opponents of border control have sued the government for detaining illegal aliens without charges or trial, and the Supreme Court in Boumediene v. Bush (2008) ruled that some of the terrorist detainees at Guatanamo Bay were being held without cause, and 5, all from Algeria, were subsequently released | * opponents of border control have sued the government for detaining illegal aliens without charges or trial, and the Supreme Court in Boumediene v. Bush (2008) ruled that some of the terrorist detainees at Guatanamo Bay were being held without cause, and 5, all from Algeria, were subsequently released}}.''' | ||
}}.''' | |||
No '''{{#tip-text:Bill of Attainder|Bill of Attainder | No '''{{#tip-text:Bill of Attainder|Bill of Attainder | ||
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* the protection against Bills of Attainder: | * the protection against Bills of Attainder: | ||
* = a procedural right / protection against arbitrary law | * = a procedural right / protection against arbitrary law | ||
* = equal a separation of powers, for bills of attainder allow a legislature sit in judgment of a crime.}}''' or e'''{{#tip-text: | * = equal a separation of powers, for bills of attainder allow a legislature sit in judgment of a crime.}}''' or e'''{{#tip-text:ex post facto Law|ex post facto | ||
* = "after the fact" | * = "after the fact" | ||
* the Constitution protects against Congress or the States from enacting laws that can be applied backwards in time | * the Constitution protects against Congress or the States from enacting laws that can be applied backwards in time | ||
* 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. | ||
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 Tax or Duty shall be laid on Articles exported from any State. | ||
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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. | ||
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 '''{{#tip-text:Title of Nobility|No Title of Nobility | No '''{{#tip-text: Title of Nobility|No Title of Nobility | ||
* = prohibition against assigning titles of nobility (duke, lord, prince, etc.) | * = prohibition against assigning titles of nobility (duke, lord, prince, etc.) | ||
* nobility = hereditary and is thereby arbitrary | * nobility = hereditary and is thereby arbitrary | ||
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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. | Section 10 imposes restrictions upon certain powers of the states | '''{{#tip-text: Section 10.| Section 10 imposes restrictions upon certain powers of the states | ||
* some of the restricted powers listed that would normally be considered those of a national government | * some of the restricted powers listed that would normally be considered those of a national government | ||
* others represent limits on abuses of power, especially as experienced by the colonies under British rule | * others represent limits on abuses of power, especially as experienced by the colonies under British rule | ||
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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. | ||
== Article II (establishes the Executive branch and its powers, limits, and duties)== | == Article II (establishes the Executive branch and its powers, limits, and duties) == | ||
'''{{#tip-text: Article II|"Executive power" | '''{{#tip-text: Article II|"Executive power" | ||
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Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States. | Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States. | ||
===Section 2. (Powers and roles of the President) === | === Section 2. (Powers and roles of the President) === | ||
'''{{#tip-text: Section 2.|Powers and roles of the President, including: | '''{{#tip-text: Section 2.|Powers and roles of the President, including: | ||
* Commander in chief of the military | * Commander in chief of the military | ||