Tuesday, March 24, 2020

The Constitution of the United States

 

The Constitution Of The United States
by Rob Cottignies

PAINTING BY HOWARD CHANDLER CHRISTY, 1939
PICTURE TAKEN FROM STUDENTSFORLIBERTY.ORG

“We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, 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.”

The U.S. Constitution was developed by the Continental Congress and primarily written by future president James Madison in 1787. The document frames the rules of how American government should operate to be fair and avoid corruption.

The first seven articles form the branches of government. The 27 amendments have been implemented to update and/or modify the existing document.

This outline of each article and amendment is by no means complete but serves as a guide to summarize and point out key parts of the Constitution.

Before learning that, how about some trivia?

*The United States has the oldest and shortest national Constitution in the world
*The original document is displayed at the National Archives Museum in Washington, D.C.
*John Adams and Thomas Jefferson did not sign the Constitution, as they were in Great Britain and France, respectively
*Almost 12,000 amendments have been proposed since the Constitution was adopted
*At 81, Benjamin Franklin was the oldest person to sign the Constitution and was one of six people whose signatures is on both it and the Declaration Of Independence

And now, the Constitution of the United States…

 

ARTICLE ONE
*the legislative branch shall be called Congress and consist of a Senate and a House Of Representatives, both existing for the purpose of creating laws
*the House proposes bills which are then sent to the Senate for debate and acceptance or rejection
*if a bill passes the House and Senate, it is given to the President for final approval or refusal (known as veto)           
*this bi-cameral system (having two legislative entities) ensures neither has too much power, often referred to as “checks and balances”
*a Senator must be at least 30 years of age and have been a U.S. citizen for at least nine of those years
*a Senator’s term is six years and that person must live in the State being represented upon election
*each State must have two and only two Senators
*the Vice President presides over the Senate but has no vote unless there is a tie
*the Senate oversees all impeachment trials and at least ­2/3 of its members must be present during them
*a Representative must be at least 25 years of age and have been a U.S. citizen for at least seven of those years
*a Representative’s term is two years and that person must live in the State being represented upon election
*only the House Of Representatives can begin the impeachment process
*all of Congress must meet once per year on the first Monday in December
*Congress-people may not be arrested while sitting in session, except for cases involving treason, a felony, and/or breach of the peace
*no State may conspire with another or a foreign power to declare war unless in imminent danger

ARTICLE TWO
*a President (along with a Vice President) leads the executive branch and is to be elected every four years
*the Electoral College, which is explained well here, officially chooses the President
*a person running for President must have been born in the U.S., be at least 35 years of age, and have lived in the country for at least 14 of those years
*if the President is unable to act as such for any reason, the Vice President will be sworn in as the next President
*the President will receive an established salary for the term and may not accept any other form of compensation
*an oath to “preserve, protect, and defend the Constitution” must be made by any person entering the office of presidency
*the President is the Commander-in-Chief, meaning the leader of all military branches and affairs
*the President and any other officer may be removed from office if convicted of treason, bribery, and/or high crimes and misdemeanors, which mostly means mis-conduct pertaining to the office
*the President can pardon any person found guilty of a crime, except in cases of impeachment
*the President must give regular State Of The Union speeches to inform Congress of governmental affairs

ARTICLE THREE
*the Supreme Court is the highest level in the judicial branch and out-ranks any court except for cases of impeachment
*every arrested person has the right to a jury trial in the State where the crime allegedly occurred
*a person can only be convicted of treason if two witnesses tell the same story in open court

ARTICLE FOUR
*each State is given equal confidence that its legal system is effective and fair
*an accused person who flees to another State can be extradited back to the trial State
*new States may be admitted to the union with Congressional approval

ARTICLE FIVE
*for an amendment to be added to the Constitution, it must be endorsed by two-thirds of both congressional houses then ratified (formally agreed to) by three-fourths of the states

ARTICLE SIX
*all federal and personal debts that existed before the Constitution are still valid
*judges and politicians must swear an oath to uphold the Constitution
*no religious test is required to hold office
*England implemented a religious test for politicians from 1673-1689 to keep everyone but Protestants from holding office

ARTICLE SEVEN
*the Constitution is agreed upon and adopted by members of the government, namely then-President George Washington

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The first ten amendments of the Constitution are the Bill Of Rights, all of which were ratified in 1791. These rights are guaranteed for all citizens.

This was inspired by Virginia’s Commonwealth Declaration Of Rights, which was written by politician George Mason, who refused to endorse a national Constitution without a Bill Of Rights.

1ST AMENDMENT
*Congress cannot establish a religion nor prohibit any person from practicing one
*freedoms of speech (with a few exceptions), the press, peaceful assembly, and to petition the government are all guaranteed

2ND AMENDMENT
*the people may keep and bear arms as part of a necessary, well-regulated militia

3RD AMENDMENT
*unless the U.S. is at war, no soldier can be quartered in any house without consent of the owner

4TH AMENDMENT
*no person’s body and/or belongings can be searched or detained without a warrant based on probable cause and issued by a judge

5th AMENDMENT
*indictment by a grand jury is necessary for a case to go to trial, except in the military
*a person cannot be tried for the same crime more than once, unless there is a mis-trial or the person is tried at both the State and Federal levels
*“the right to remain silent” - no defendant is required to act as a witness against him/her-self
*arrestees are entitled the due process of the law, meaning their rights cannot be delayed nor taken away
*if the government wants to take someone’s private land (eminent domain), that person must be paid according to current real estate rates

6th AMENDMENT
*any person accused of a crime has the right to a speedy and fair trial by an un-biased jury
*people have the right to know what they are accused of and why
*defendants are entitled to confront witnesses against them, find witnesses of their own, and have legal counsel

7th AMENDMENT
*a jury trial must be made available for any case in which the crime exceeds 20 dollars
*today, the minimum amount is $75,000

8th AMENDMENT
*a judge cannot impose excessive bail, unwarranted fines, or “cruel and unusual punishment”

9th AMENDMENT
*citizens are not limited to only having explicitly-stated Constitutional rights
*examples: choosing what to read or the right to privacy

10th AMENDMENT
*powers not given to Congress shall be enforced by individual States

11th AMENDMENT (ratified in 1795)
*with few exceptions, a State cannot be sued by a resident of another State
*This amendment was added after a man in South Carolina sued Georgia for not paying him for goods provided during the American Revolution. It was ratified by all then-current States.

12th AMENDMENT (1804)
*the Electors [see link under Article Two] cast ballots for President and whoever gets the most of those votes is the winner, meaning the person with the most nation-wide votes by citizens is not necessarily the one elected
*if no presidential candidate has enough Electoral votes to win, the House Of Representatives selects the winner
*if a President is not selected by March 4th, the previous Vice President gets the title
*if the above happens, the person with the most vice presidential votes becomes Vice President, which could possibly result in politicians from different parties holding the offices
*no person who is Constitutionally ineligible to be President may run for Vice President, meaning the VP must also meet presidential qualifications of citizenship, etc.
*In 1800, John Adams was elected President. Thomas Jefferson, having received the second-most votes, would be his Vice President. The two had opposing views and failed to work together. After this, candidates had running mates who would automatically be VP if that candidate won.

13th Amendment (1865)
*slavery is abolished unless used as punishment for a crime
*Due to this exception, black people were frequently (and easily) convicted of small offenses and their sentences were to work on plantations.

14th AMENDMENT (1868)
*any person, regardless of race or any other factor, born or naturalized into the U.S. is a citizen and has rights reflecting such
*no State may make a law prohibiting anyone from their rights
*all citizens are granted equal protection under the law
*any State denying the right to vote for males aged 21 and over would risk losing a proportional amount of Representatives in Congress (this was rarely enforced)
*the U.S. government would neither owe nor pay debts to people who lost property (land and people) as a result of the Civil War
*no person who has sworn an oath to protect the U.S. but failed to do so may hold another office
            (had Donald Trump been convicted of inciting the Capitol riot in January 6th, 2021, he                 would be Constitutionally barred from running for President again)

15th AMENDMENT (1870)
*all (male) citizens have the right to vote, which cannot be removed because of race, color, or previous servitude

16th AMENDMENT (1913)
*Congress has the power to collect income tax
*income tax was originally implemented to raise funds for World War One. A similar mandate was imposed by Congress to finance the Civil War but expired in 1872.

17th AMENDMENT (1913)
*each State will have two Senators who are elected by the citizens of it
*if there is a senatorial vacancy, the State’s governor can appoint someone to the position until there is a public vote

18th AMENDMENT (1919)
*Prohibition: the sale, manufacture, and transportation of all alcohol is not allowed

19th AMENDMENT (1920)
*all citizens have the right to vote, which cannot be removed because of their sex
*neither pro-Prohibitionists nor suffragettes (women who favored the legalization of their voting) had enough support on their own so they unofficially teamed up to get the respective bills passed into law

20th AMENDMENT (1933)
*a President’s term ends on its fourth year at noon on January 20th
*a Senator’s term ends on its sixth year at noon on January 3rd
*a Representative’s term ends on its second year at noon on January 3rd
*Congress will meet as a whole once per year on January 3rd at noon

21st AMENDMENT (1933)
*alcohol is once again legal, repealing the 18th Amendment

22nd AMENDMENT (1951)
*no President can be elected more than twice
*no person who was not elected President but has held the office for more than two years (such as a Vice President who took over after a President’s death) can be elected more than once
*this was imposed after Franklin Roosevelt was elected to four presidential terms

23rd AMENDMENT (1961)
*people living in Washington, D.C., can cast votes for President
*elected Representatives of Washington, D.C., cannot vote within Congress

24th AMENDMENT (1964)
*no person can be denied the right to vote due to lack of poll tax payment

25th AMENDMENT (1967)
*the Vice President will become President if the latter vacates the office for any reason
*if the Vice Presidency is vacant, the President can nominate someone to the office, who would then need a majority of votes by both houses of Congress
*a President who voluntarily suspends his or her duties must do so in writing to the Vice President and the Speaker Of The House
*Congress has 21 days to determine if a President returning from suspension of duties is still fit to serve the office with a 2/3 vote

26th AMENDMENT (1971)
*any citizen aged 18 or over has the right to vote

27th AMENDMENT (1992)
*members of Congress may not raise their salaries during the session they are serving in
*This was originally proposed with the Bill Of Rights but did not have enough state votes to become law. A college student got a C on an essay about the intended amendment and his “revenge” was getting it legally adopted into the Constitution.


So now you have that information. Time to learn about other things!

 

 

SOURCES
*The Pocket Constitution published by the Cato Institute, 2019; Google.com; WhiteHouse.gov; ConstitutionUS.com; ConstitutionCenter.org; AnnenbergClassroom.org; Senate.gov

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