Sunday, February 27, 2011

Constitution -- Amendments

U. S. CONSTITUTION
First Ten Amendments: Bill of Rights

1 – Religious neutrality, free speech, press, assembly, petition
2 – Guns
3 – No forcible housing of soldiers
4 – Search & seizure
5 – Due Process (Miranda rights, eminent domain)
6 – Fair trials in criminal courts
7 – Rules for civil cases
8 – Standardized punishments
9 & 10 – Everything not covered

13-15 – Civil War Amendments

13 – Slavery banned
14 – Citizenship defined, representation guaranteed, consequences for rebels and states
15 – Voting rights guaranteed

RIGHTS

18 – Prohibition
19 – Women's right to vote
21 – Prohibition repealed
24 – No poll taxes
26 – 18-year-olds get to vote

PROCEDURAL AMENDMENTS

11 – Jurisdiction of federal courts
12 – President and VP elected separately
16 – Income tax legalized
17 – Direct election of senators
20 – Presidential terms & succession
22 – Presidential term limits
23 – D.C. Electors
25 – Temporary Presidential Succession
27 – No Congressional pay raises

Wednesday, February 16, 2011

Constitution, Part 2

Article 2 – The President

Minumum 35 years old
Natural-born citizen
Replaced by Vice President if needed
Elected by Electoral College

President – Powers & Duties

Command the military
Assign executive duties to secretaries
Give pardons for federal crimes
Execute laws passed by Congress

With Senate consent:
Make treaties (requires 2/3)
Appoint officers and judges

Can be removed from office by Congressional impeachment process

Article 3 – The Court System

Judges & Justices nominated by President, approved by Senate
Lifetime appointments with no salary reductions, provided “good behavior.”
With very few exceptions, hears cases on appeal.
Criminal trials must be by jury
Criminal trials must happen in the same state as the crime. Territorial crimes and federal crimes tried where Congress puts the court.
No punishing kids for parents' crimes.

“Checks & Balances” – Examples:

Congress gets to make laws, but President has to approve and Supreme Court can review.

A federal court can strike down any law it wants, but has no say over who gets to be a judge, or even how many judges there will be.

President makes foreign policy (wars, treaties, etc.), but Congress has to approve.

Article 4 – Relationship Between States

States must recognize other states' arrangements

Federal rights carry over state to state

States can't harbor other states' fugitives

No carving new states out of old states' territory without their permission and that of Congress.

Congress decides what makes a new state, but they must be a republic

Article 5 – Changing the Constitution

2/3 of both houses of Congress propose an amendment

3/4 of states ratify

Article 6 – Supremacy

The Constitution is the final word. If you want to be a state, you live with what it says until you can generate enough support to change it.

Everybody who gets a job under the Constitution must take an oath to work under its jurisdiction.

Nobody can be denied a properly-appointed Constitutional office because of religion.

Article 7 – Ratification

When 9 of 13 states ratify, the Constitution officially replaces the Articles of Confederation.

Constitution Notes

U. S. CONSTITUTION
Preamble – Tells why the Constitution was written

Articles (7) – Set up the structure of the government

Amendments (27) – Address issues that have come up as people have lived under the Constitution

PREAMBLE
Solve problems with the Articles of Confederation:

“Every state for itself.”

Different “inalienable rights” in different places

Basic foreign policy functions

ARTICLE 1 -- LEGISTLATURE

House of Representatives – One man, one vote

Senate – Equal representation for each state

Job: Write and pass laws.

Generally, majority rules with Presidential approval, 2/3 to override veto.

Powers of Congress:

Tax
Borrow Money
Spend Money
Declare war
Remove criminals from office
Regulate commerce between states (money, post offices, patents, courts, etc.)
Running the capital
Whatever else they decide they need to do.

Congress can't:

Change laws after the fact
Make something illegal only for certain people
Tax exports
Suspend the right to be seen in court
Spend money without accounting for it
Grant titles of nobility

Because there is now a Congress, states can't:

Declare war
Enter into separate treaties with foreign countries
Print their own currency
Tax imports separately
Tax imports from other states
Do anything Congress can't do either