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US Constitution study guide: Difference between revisions
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* article under construction | * article under construction | ||
* as of 12/5/21, the original Constitution entries are complete, including amended sections of the original Constitution which are <span style="background-color:# | * as of 12/5/21, the original Constitution entries are complete, including amended sections of the original Constitution which are <span style="background-color:#d9d9d9">grayed out</span> | ||
** current focus is on the Bill or Rights (Amendment 1 under construction as of 12/5/21) | ** current focus is on the Bill or Rights (Amendment 1 under construction as of 12/5/21) | ||
* future projects include: | * future projects include: | ||
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<u>'''Notes on the format and use of the Constitution Popup Study Guide</u>''':<br> | <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:# | • <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 | ||
* and that original text is no longer law}}'''<br> | * and that original text is no longer law}}'''<br> | ||
• Section headers that appear in the table of contents are in '''bold''' by default but do not have hover popup notes<br> | • Section headers that appear in the table of contents are in '''bold''' by default but do not have hover popup notes<br> | ||
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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:# | 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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* this provision was annulled by the 16th amendment which instituted a direct income tax on individuals without "apportionment"}}'''</span> shall be '''{{#tip-text: apportioned|Apportionment: | * this provision was annulled by the 16th amendment which instituted a direct income tax on individuals without "apportionment"}}'''</span> 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, <span style="background-color:# | * = 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, <span style="background-color:#d9d9d9">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 | * 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": | * 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": | ||
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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:# | * 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:# | *** 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:# | * = 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] === | ||
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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:# | <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:# | <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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** 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:# | <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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* 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:# | <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") | ||
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** 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:# | * 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 | ||
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* 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:# | <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 | ||
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* 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:# | * 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 | ||