The United States Constitution is the supreme law of the United States. The Constitution, originally composed of seven articles, describes the national framework of government. His first three articles embody the doctrine of separation of powers, in which the federal government is divided into three branches: the legislature, which consists of bicameral Congress; the executive, consisting of the President; and judiciary, consisting of the Supreme Court and other federal courts. Articles Four, Five and Six embody the concept of federalism, describing the rights and responsibilities of state and state governments in relations with the federal government. Article Seven establishes a procedure which is then used by thirteen States to ratify it. It is regarded as the oldest written and codified constitution prevailing in the world.
Since the Constitution came into force in 1789, it has been changed 27 times to meet the changing needs of a nation now very different from the world of the 18th century where its creators lived. In general, the first ten amendments, known collectively as the Bill of Rights, offer special protection against individual freedom and justice and place restrictions on governmental power. The majority of the seventeen further amendments extend the protection of individual civil rights. Others discuss issues related to federal authorities or modify government processes and procedures. United States Constitution Amendments, unlike those made for many constitutions worldwide, are added to the document. All four pages of the original US Constitution were written on parchment.
According to the United States Senate: "The first three words of the Constitution - We the People - affirm that the United States government exists to serve its citizens.For over two centuries, the Constitution has remained in force because its formulation wisely separates and balances the power of government to protect the interests of majority rule and minority rights, freedom and equality, and federal and state governments. "
The first permanent constitution of its kind, adopted by a representative of the people for a vast nation, is interpreted, supplemented, and exercised by a large constitutional legal body, and has influenced the constitution of other states.
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First government
From September 5, 1774, to March 1, 1781, the Continental Congress served as the interim administration of the United States. Delegates to the First Continental Congress (1774) and then the Second Congress (1775-1781) were selected largely through the action of correspondence committees in various colonies rather than through the legislature of the colonial state or later. In an informal sense, this is the representative of the existing colonial government; it represents the elements of dissatisfied society, people who are interested enough to act, despite strong resistance from loyalists and obstacles or displeasure of the colonial governors. The process of selecting delegates for the First and Second Continental Congress underscores the revolutionary role of the colonial people in establishing the central body. Blessed by people collectively, the Continental Congress itself has the rightful attributes of external sovereignty called the state in an international sense, while separate states, exercising limited or internal sovereignty may well be considered the creation of the Continental Congress, which precedes them and bring them into being.
Confederation article
The Budget of Confederation and Eternal Unity is the first constitution of the United States. It was composed by the Second Continental Congress from mid-1776 to the end of 1777, and ratification by all 13 nations was completed in early 1781. Under the Confederation Budget, central government powers are very limited. Confederate Congress can make decisions, but does not have law enforcement power. Implementation of most decisions, including modifications to the Budget, requires the unanimous approval of all thirteen state legislatures.
Although, in a way, the powers of Congress in Article 9 make "the league of states as cohesive and strong as any kind of confederation of a republic is similar in history", the main problem is, in the words of George Washington, "no money". The Continental Congress can print money but the currency is worthless. (The popular phrase of the times called objects or people useless ... Ã, not worth the Continental , refers to the Continental dollar.) Congress can borrow money, but can not pay it back. No country pays all of their US taxes; some do not pay anything. Some people pay an amount equal to the interest on the national debt paid to their citizens, but no more. No interest is paid on debts owned by foreign governments. In 1786, the United States would default on their debts by the due date.
Internationally, the Confederate Budget does little to improve the ability of the United States to maintain its sovereignty. Most of the troops in the United States Army 625 people deployed to face - but not threaten - British strongholds on American soil. They have not been paid; some left and others threatened the rebellion. Spain closes New Orleans to American trade; US officials protested, but had no effect. The Barbary pirates began to seize the American merchant ship; The Treasury has no funds to pay their ransom. If there is a necessary military crisis action, Congress has no credit or tax power to fund the response.
Domestically, the Confederate Budget failed to bring unity with the various sentiments and interests of different states. Although the Paris Treaty (1783) was signed between the United Kingdom and the United States, and named each of the states of America, various states personally attempted to break it. New York and South Carolina repeatedly demanded Loyalists for wartime activities and redistributed their lands. Individual state legislative bodies independently put an embargo, negotiated directly with foreign authorities, lifting soldiers, and fighting, all breaking the letter and spirit of Articles.
In September 1786, during an intergovernmental convention to discuss and develop a consensus on reversing the protectionist trade barriers set up by individual countries, James Madison angrily questioned whether the Confederate Budget was a compact or even viable government. Connecticut paid nothing and "refused positively" to pay the US assessment for two years. A rumor has it that the "instigators" of New York legislators have opened the conversation with the Viceroy of Canada. In the south, Britain is said to be openly financing the Indian Creek attack on white settlers in Georgia and adjacent territory. Savannah (then the capital of Georgia) has been fortified, and the state of Georgia is under martial law. In addition, during Shays' Rebellion (August 1786 - June 1787) in Massachusetts, Congress was unable to provide money to support the country's endangered constituencies. General Benjamin Lincoln was forced to raise funds from a Boston merchant to pay for a volunteer army.
Congress is paralyzed. It can not do anything significant without nine states, and some laws require all thirteen. When a country produces only one member present, voting is not counted. If a state delegate is evenly distributed, voting can not be counted against the nine-count requirement. Article Articles have "almost stopped trying to govern". The vision of "honorable nations" among nations seems to fade in the eyes of revolutionaries like George Washington, Benjamin Franklin, and Rufus King. Their dreams of a republic, a nation with no hereditary rulers, with people's power in frequent, questionable elections.
On February 21, 1787, the Confederation Congress called for a state delegation convention in Philadelphia to propose a government plan. Unlike previous efforts, this Convention is not intended for new laws or minor changes, but for "the sole and explicit purpose of revising the Confederate Budget". The Convention is not limited to trade; but rather intended to "make an adequate federal constitution to urge the government and the preservation of the Union." Proposals may apply when approved by Congress and the state.
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History
1787 stretch
On the appointed day, May 14, 1787, only delegates of Virginia and Pennsylvania were present, so the opening convention meeting was postponed due to lack of quorum. The seven-country quorum meets and the deliberations begin on 25 May. Eventually twelve countries are represented; 74 delegates named, 55 present and 39 signed. Delegates generally believe that an effective central government with enforced powers should replace the weaker Congress established by the Confederate Budget. The depth of their knowledge and experience in self-government is remarkable. As Thomas Jefferson in Paris wrote to John Adams in London, "This is truly a collection of gods."
Delegates use two streams of intellectual tradition, and each delegate can be found using both or mixes depending on the subject under discussion: foreign affairs, economics, national government, or federal relations among states. Two plans to draft a federal government emerged at the start of the convention:
- The Virginia Plan (also known as the Large Country Plan or Randolph Plan ) proposes that the legislative department of the national government consists of Bicameral Congress, with both rooms selected with population-based divisions. Generally supporting the most populous countries, he uses the philosophy of John Locke to rely on the governed agreement, Montesquieu for the divided government, and Edward Coke to emphasize civil liberties.
- The New Jersey Plan proposes that the legislative department be a unicameral body with one vote per state. In general supporting the less populous countries, he uses the British philosophy of Whigs such as Edmund Burke to rely on accepted procedures and William Blackstone to emphasize legislative sovereignty. This position reflects the belief that the state is an independent entity and, when they enter the United States freely and individually, remains so.
On May 31, the Convention moved to the "Whole Committee" to consider the Virginia Plan. On June 13, a resolution of Virginia in modified form was reported outside the committee. The New Jersey Plan was filed in response to the Virginia Plan.
A "Committee of Eleven" (a delegate from each country represented) meets from July 2 to 16 to draw up a compromise on the issue of representation in the federal legislature. All agree with the form of republican government based on representatives of the people in the state. For the legislature, two issues must be decided: how votes should be allocated between states in Congress, and how representatives should be elected. In his report, now known as the Connecticut Compromise (or "Great Compromise"), the committee proposes proportional representation for seats in the House of Representatives on the basis of the population (with voting persons), and equal representation for each State in the Senate (with each each state legislator generally chooses their respective senators), and that all banknotes will come from the House of Representatives.
The Great Compromise put an end to the deadlock between "patriots" and "nationalists", leading to other compromises in the spirit of accommodation. There are several interests to be balanced by the Three-Fifth Compromise; reconciliation during the term of office of President, power, and method of election; and the jurisdiction of federal courts.
On July 24, the "Detail Committee" - John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania) - were elected to draft a detailed constitution passed by the convention up to that point. The Convention starts from 26 July to 6 August to await this "Detail Committee" report. Overall, the committee's report in accordance with the resolution adopted by the Convention, adds several elements. A twenty-third article (plus preamble) of the constitution is presented.
From 6 August to 10 September, detailed committee reports are discussed, section by section and clauses based on clauses. Details are attended, and further compromises are made. Toward the end of this discussion, on September 8, the "Styling and Regulatory Committee" - Alexander Hamilton (New York), William Samuel Johnson (Connecticut), Rufus King (Massachusetts), James Madison (Virginia), and Gouverneur Morris (Pennsylvania) to filter the draft final constitution of twenty-three approved articles. The last draft, presented at the convention on September 12, contains seven articles, an opening and closing agreement, in which Morris is the lead author. The committee also presented a letter proposed to accompany the constitution when sent to Congress.
The final document, controlled by Jacob Shallus, was taken on Monday, September 17, at the last session of the Convention. Some delegates were disappointed with the result, a series of unfavorable compromises. Some delegates left before the ceremony, and three others refused to sign. Of the thirty-nine signatories, Benjamin Franklin concludes, alluding to the Convention: "There are parts of this Constitution that I do not currently approve of, but I am not sure I will never approve of them." He will accept the Constitution, "because I expect no better and because I'm not sure it's not the best".
Constitutional advocates are eager for the unanimous support of all the twelve countries represented in the Convention. The accepted formula for closing support is "Completed in the Convention, with the unanimous consent of the States present." At the end of the convention, the proposal was approved by eleven state delegates and the only remaining delegate from New York, Alexander Hamilton.
1788 ratification
Transmitted to the Confederations Congress, then seated in New York City, it is within the power of Congress to speed up or block the proposed constitutional ratification. The new governmental framework presented in the Philadelphia Convention is technically only a revision of the Confederate Article. After several days of debate, Congress decided to submit documents to thirteen countries for ratification according to the process outlined in Article VII. Each state legislature calls for an election to "Federal Convention" to ratify the new Constitution, rather than consider the ratification itself; a departure from the standard constitutional practice of the time, designed to extend the franchise to be closer to the "people". The framework of the government itself must be enforced between the States so as to act upon the consent of nine (ie two-thirds of 13) countries; also a departure from constitutional practice, because the Confederate Budget can only be changed unanimously from all states.
Three members of the Convention - Madison, Gorham, and King - are also Members of Congress. They head straight to New York, where Congress is underway, to appease the expected opposition. Recognizing their missing authority, the Congress, on September 28, after some debate, voted unanimously to submit the Constitution to the United States for action, "in accordance with the Convention's settlement", but without a good recommendation for or against its adoption.
Two parties soon developed, one in opposition, Anti-Federalist, and one in support, Federalist, of the Constitution; and the Constitution is debated, criticized, and clarified in clauses by clause. Hamilton, Madison, and Jay, under the name Publius, wrote a series of comments, now known as The Federalist Papers , to support the ratification in New York state, at that time an anti-Federalism den. The comments on the Constitution, written during the struggle for ratification, have been frequently cited by the Supreme Court as an authoritative contemporary interpretation of the meaning of its provisions. Disputes over additional powers to the central government are imminent, and in some countries, ratification is made only after a fierce struggle at the country's own convention.
The Continental Congress, still functioning at irregular intervals, passed a resolution on September 13, 1788, to put the new Constitution into operation with eleven states. The federal government began operations under a new government form on March 4, 1789. However, the initial meeting of each Chamber of Congress should be postponed due to a lack of quorums. George Washington was inaugurated as the country's first president 8 weeks later, on 30 April. The last two states, North Carolina and Rhode Island, both then ratified the Constitution - November 21, 1789, and May 29, 1790, respectively.
Influences
Some ideas in the Constitution are new. This is related to a combination of consolidated governments along with federal relations with constituent countries.
The Constitutional Process Clause is partly based on common law and on Magna Carta (1215), which has been the basis of English freedom against the arbitrary powers held by a ruler.
Among the leading political theorists of the late 18th century were William Blackstone, John Locke, and Montesquieu.
Both the influence of Edward Coke and William Blackstone is evident in the Convention. In his book The Institutes of the Laws of England Edward Coke interprets the protection of Magna Carta and the right to apply not only to nobles, but to all English subjects. In writing the Virginia Charter of 1606, he allowed the King in Parliament to give them to be born in the colony of all rights and freedoms as if they were born in England. William Blackstone Comments on English Law is the most influential book about the law in the new republic.
The British political philosopher John Locke following the Great Revolution (1688) was a major influence on the theory of government contracts proposed by Thomas Hobbes. Locke proposed the principle of consent from that set forth in his book Two Treatises of Government. The government's duty under the social contract among sovereigns is to serve the people by protecting their rights. These basic rights are life, liberty, and property.
Montesquieu's influence on the formulator was evident at Madison's No. Federalist. 47 and Hamilton's No Federalist. 78. Jefferson, Adams, and Mason are known to read Montesquieu. The Supreme Court Justice, the main interpreter of the Constitution, has been cited to Montesquieu throughout the history of the Court. (See, for example , Green v. Biddle , 21 AS 1, 1, 36 (1823). United States v. Wood , 39 US 430, 438 (1840). Myers v. United States , 272 US 52, 116 (1926). Nixon v. Public Service Administrators , 433 US 425, 442 (1977). Markazi v. Peterson Bank, 136 US 1310, 1330 (2016).) Montesquieu emphasizes the need for a balanced force that encourages one another to prevent tyranny (reflecting the influence of the Polybius tractate in the 2nd century BC on checks and balances of the Roman Republic). In his book The Spirit of the Laws, Montesquieu argues that the separation of state power must be with its service to the freedom of the people: the legislature, the executive and the judiciary.
A great deal of thought has been developed from republicanism literature in the United States, including John Adams's work and applied to the formation of the state constitution.
The Constitution is federal, and is influenced by other federation studies, both ancient and extant.
The US Bill of Rights consisted of 10 amendments added to the Constitution in 1791, when Constitutional advocates had promised criticism during the 1788 debate. The British Bill of Rights (1689) was an inspiration to the Bill of Rights of America. Both require a jury trial, contain the right to store and carry weapons, prohibit excessive warranties and prohibit "cruel and unusual punishment". Many freedoms protected by the state constitution and the Virginia Declaration of Human Rights are incorporated into the Bill of Rights.
Original frame
Both the Constitution-making Convention, as well as the Congress that sent it to thirteen countries for ratification in the fall of 1787, gave it a major caption. To fill this void, the document is most often titled "A Frame of Government" when printed for the convenience of ratifying conventions and information from the public. Governance Framework consists of preamble, seven articles and endorsement of signed endorsements.
Opening
The Preamble of the Constitution serves as an introductory statement of the basic purpose and guiding principle of the document. It does not grant power to the federal government, nor does it place special restrictions on government action. Instead, it establishes the origin, scope and purpose of the Constitution. Its origin and authority is in "Us, the people of the United States". It echoes the Declaration of Independence. "One person" dismisses their relationship with another, and is assumed to be among the powers of the earth, a sovereign nation-state. The scope of the Constitution is twofold. First, "to form a more perfect union" than what was previously in the "Eternal Unity" of the Confederate Budget. Second, to "secure the blessings of freedom", which must be enjoyed not only by the first generation, but for all who come after it, "our descendants".
Article One
Article One illustrates the Congress, the legislative branch of the federal government. Section 1, reads, "All the legislative powers provided here shall be granted in the United States Congress, comprising the Senate and the House of Representatives." This article specifies how the selection and qualification of members of each body. Representatives must be at least 25 years of age, be US citizens for seven years, and live in the state they represent. The senator must be at least 30 years old, be a citizen for nine years, and live in the country they represent.
Article I, Section 8 mentions the powers delegated to the legislature. Financially, Congress has the power to levy taxes, borrow, pay debts and provide general defense and general welfare; to arrange trades, bankruptcies, and coins. To manage internal affairs, he had the power to organize and regulate military and militia forces, suppressing insurgency and expelling invasions. This is to provide naturalization, weight and size standards, post and street offices, and patents; to directly regulate the federal district and cession of the land by the state for the castle and armory. Internationally, Congress has the power to define and punish piracy and violations of the Law of the Nations, to declare war and make war regulations. The Necessary and Appropriate Clauses, also known as Elastic Clauses, expressly confer the incidental power on Congress without the requirement of Article to express delegates for each and every force. Chapter I, Section 9 lists eight specific limits on congressional powers.
The Supreme Court has sometimes widely interpreted the Necessary and Appropriate Clauses of Trade and Clause in Article One to enable Congress to enact laws that are not expressly authorized by the powers mentioned or explicitly denied in the congressional restrictions. In McCulloch v. Maryland (1819), the Supreme Court read the Necessary and Appropriate Clauses to allow the federal government to take action that would "allow [it] to undertake the high tasks assigned to it [by the Constitution] in the most beneficial way for the people ", even if the action is not alone in the force mentioned. Justice Marshall clarified: "Let the end be lawful, let it be within the scope of the Constitution, and all appropriate means, which are clearly adapted for that purpose, which is not forbidden, but composed of letters and the spirit of the Constitution, is the Constitution." Article Two
Article Two describes the office of the President of the United States. The President is the chief executive branch of the federal government, as well as the head of state and head of government of the country.
Article Two describes the offices, qualifications and duties of the President of the United States and Vice President. It was modified by the 12th Amendment that secretly acknowledged the political parties, and the 25th Amendment was related to the succession of the office. The President received only one compensation from the federal government. The inaugural oath is established to protect, protect, and defend the Constitution.
The President is Commander of the US Armed Forces and state militia when they are mobilized. He made an agreement with the advice and approval of the two-thirds quorum of the Senate. To administer the federal government, the president commissions all federal government offices as Congress directs; he may need an opinion from his top official and make a "break promise" for vacancies that may occur during the Senate's rest period. The President is to see that the law is carried out faithfully, although he can grant reprieve and forgiveness except on the impeachment of Congress against himself or other federal officials. The President reports to Congress on the State of the Union, and with Recommendation Clauses, recommends "necessary and useful" national measures. The President may hold and postpone Congress in special circumstances.
Section 4 provides for the removal of presidents and other federal officers. The President is removed from charges due, and belief, betrayal, bribery, or other high crimes and minor offenses.
Article Three
Article Three describes the court system (judicial branch), including the Supreme Court. There will be a court called the Supreme Court. The article describes the types of cases taken by the court as genuine jurisdictions. Congress can create a lower court and appeals process. Congress passed a law defining crime and giving punishment. Article Three also protects the right to be tried by a jury in all criminal cases, and defines a treasonous crime.
Section 1 protects the power of the US judiciary in federal courts, and hence, the authority to interpret and apply law in certain cases. It also includes the power to punish, sentence, and direct action forward to resolve the conflict. The Constitution outlines the US judicial system. In the Justice Act of 1789, Congress began to fill in its details. Currently, Title 28 of the US Code explains the power and administration of justice.
At the First Congress, the justices took to the circuit to sit as panels to hear calls from the district court. In 1891, Congress imposed a new system. The district court will have original jurisdiction. The intermediate appeals court (circuit court) with exclusive jurisdiction hears regional calls before being considered by the Supreme Court. The Supreme Court has discretionary jurisdiction, which means that it does not have to hear every case brought to it.
To enforce judicial decisions, the Constitution provides federal courts both criminal defamation and civil defamation powers. The summary punishment of the court for contempt immediately puts aside all other penalties applicable to the subject. Other implied strengths include compensation and habeas corpus medication. Courts may imprison for disputes, faith litigation, and failure to comply with mandate orders. Judicial powers include those given by Acts for the rule of law and punishment. Judicial power also extends to areas not covered by law. Generally, federal courts can not interfere with state court proceedings.
Verse 1 Section 2 authorizes the federal court to hear only genuine cases and controversies. Their judicial powers do not extend to hypothetical cases, or which are forbidden because of standing, mootness, or maturity problems. Generally, a case or controversy requires the presence of interested parties who are really interested in the case. There is also considerable concern in the jurisdiction of the Court that lower courts, whether federal or state, do not geographically include all cases before the law. Courts that follow these guidelines exercise judicial control. Those who make exceptions are said to be judicial activists.
Paragraph 2 of Section 2 provides that the Supreme Court has original jurisdiction in cases involving ambassadors, ministers and consuls, for all cases respecting foreign countries, and also in controversies subject to federal justice because at least one country is a party. Cases arising under United States law and its treaties are under the jurisdiction of federal courts. Cases under international maritime law and conflicting land grants from different countries are under federal court. Cases between US citizens in various states, and cases between US citizens and foreign countries and their citizens, are under federal jurisdiction. The court will be in the country where the crime was committed.
There is no part of the Constitution that explicitly endorsed the review, but Framers pondered the idea. The Constitution is the supreme law of the land. The precedent has since stipulated that the court may conduct a review of the actions of Congress or the executive branch. Two conflicting federal laws are under "independent" jurisdiction if one presents a strict constitutional issue. Federal jurisdiction of courts is rare when state legislatures enact something as under federal jurisdiction. To establish a federal system of national law, a fairly reasonable effort to develop a spirit of loyalty between the federal and state governments. With the doctrine of 'Res judicata', federal courts provide "full confidence and praise" to the District Court. The Supreme Court will decide the constitutional matters of state law only on a case-by-case basis, and only with strict Constitutional provisions independent of the motives of state legislators, the outcome of their policies or national policies.
Section 3 of Congress bars from altering or modifying the Federal law on treason with a simple majority law. This section also defines treason, as a concrete action to wage war or materially assist those who are at war with the United States. The allegations must be corroborated by at least two witnesses. Congress is a political body and political opposition that is routinely encountered should not be considered treason. This allows nonviolent resistance to government because opposition is not a life or death proposition. However, Congress does provide other lower subversive crimes such as conspiracy.
Article Four
Article Four outlines the relationship between states and between individual states and federal government. In addition, it provides such things as recognizing a new state and changing the border between states. For example, it requires states to provide "full confidence and praise" to public actions, records, and litigation from other countries. Congress is permitted to regulate the manner in which the evidence of such action is acceptable. The clause "privileges and immunities" prohibits state governments from discriminating against citizens for citizens. For example, in a criminal penalty, a state can not increase punishment on the ground that the convict is non-resident.
It also establishes extradition between states, as well as laying the legal basis for freedom of movement and travel among states. Today, this provision is sometimes taken for granted, but in times of the Confederate Article, crossing the country line is often difficult and expensive. The Territorial Clause gives Congress the power to create rules for disposing of federal property and regulating non-state territory of the United States. Finally, the fourth part of Article Four requires the United States to guarantee each state a form of republican government, and to protect them from invasion and violence.
Article Five
Article Five outlines the process for amending the constitution. The eight state constitutions prevailing in 1787 included amendment mechanisms. The amendment makes power in the hands of the legislature in three states and the other five are granted to specially selected conventions. The Confederation Budget states that amendments must be submitted by Congress and unanimously ratified from all thirteen state legislatures. This proved to be a major flaw in the Budget, as it created an insurmountable obstacle to constitutional reform. The amendment process made during the Philadelphia Constitutional Convention is, according to The Federalist No. 43, designed to build a balance between flexibility and stiffness:
It equally guards against extreme facilities that would make the Constitution also subject to change; and extreme difficulty that may perpetuate his mistakes. It also allows the General Government and the State to make mistakes, as it can be demonstrated by experience on the one hand, or on the other.
There are two steps in the amendment process. Proposals to amend the Constitution should be adopted and ratified properly before they change the Constitution. Firstly, there are two procedures for adopting the language of the proposed amendment, either by (a) Congress, by two-thirds majority in both the Senate and the House of Representatives, or (b) national conventions (which will occur whenever two-thirds of state legislatures are calling for one). Secondly, there are two procedures for ratifying proposed amendments, which require three-fourths of state approval (currently 38 out of 50): (a) approval of the state legislature; or (b) the consent of the convention ratifying the state. The method of ratification shall be elected by Congress for any amendment. State ratification conventions are used only once, for the Twenty-First Amendment.
Currently, the United States Archivist is charged with the responsibility for administering the ratification process under the provisions of 1 US Code Ã,§ 106b. The Archivist proposed proposed amendments to the states for their consideration by sending a notice to each Governor. Each Governor then formally submits an amendment to their state legislature. When a country ratifies the proposed amendment, it delivers the original archive or a copy of the state action that Archivist has archived. The instruments of ratification are examined by the Federal Register Office for the adequacy of facial law and authentication signatures.
Article Five concludes by protecting certain clauses within the framework of the new government not to be changed. Article One, Section 9, Clause 1 prevented Congress from passing laws that would restrict the importation of slaves to the United States before 1808, plus the fourth clause of the same passage, which reaffirms the Constitution's rule that direct taxes should be subdivided according to the state population. This clause is explicitly protected from amendments to the Constitution prior to 1808. On 1 January 1808, the first day was allowed to do so, Congress approved a law prohibiting the importation of slaves into the country. On February 3, 1913, with the ratification of the Sixteenth Amendment, Congress acquired the authority to levy income taxes without dividing it among states or based on the US Census. The third, textually rooted provision is Article One, Section 3, Clause 1, which provides an equivalent representation of the states in the Senate. The shield protecting this clause from the absolute amendment process - "no state, without its consent, will be deprived of equal right in the Senate" - but nonetheless.
Six Articles
Article Six establishes the Constitution, and all US federal law and treaties are made to him, to be the supreme law of the land, and that "judges in every state shall be bound by it, whatever in law or constitution.. "It validates the national debt created under the Confederation Budget and requires all federal and state legislators, officials and judges to take oath or affirmation to support the Constitution. This means that state constitutions and laws should not conflict with federal constitutional law and that in cases of conflict, state judges are legally bound to respect federal and constitutional laws of any state. Article Six also states "no religious test will be required as a Qualification for any Office or Public Trust under the United States."
Article Seven
Article Seven describes the process for building the proposed new government framework. Anticipating that the influence of many of the country's politicians would be Antifederalis, the delegation to the Philadelphia Convention provides for the ratification of the Constitution by ratifying conventions elected publicly in each state. The convention method also allows judges, ministers and others who are not eligible to serve in the state legislature, may be elected for a convention. Suspicious that Rhode Island, at least, may not have ratified it, the delegates decided that the Constitution would take effect as soon as nine states (two thirds rounded) were ratified. Once ratified by the minimum amount of this country, it is anticipated that the proposed Constitution will be this Constitution between nine or more signed. It will not include four or fewer countries that may not have been signed.
Close support
The signing of the Constitution of the United States occurred on 17 September 1787, when 39 delegates to the Constitutional Convention supported the constitution made during the convention. In addition to the signature, this closing support, the Constitution eschatocol, includes a brief declaration that the work of the delegation has been successfully completed and that those whose signature appears on it subscribe to the final document. Included are, statements that state the adoption of documents by the countries in attendance, the dating of adoption formulas, and the signatures of those who support them. In addition, the convention secretary, William Jackson, signed a document to validate the signature of the delegate's signature. He also made some secretarial notes.
The final support language, conceived by Gouverneur Morris and presented to the convention by Benjamin Franklin, was made deliberately ambiguous in the hope of winning the votes of the disagreeing delegates. Supporters for the new government framework, aware of the impending difficulties to get approval from the countries needed to make it operate, are eager to get unanimous support from delegates from each country. It is feared that many of the delegates will refuse to give their individual consent to the Constitution. Therefore, for the action of the Convention to be unanimous, the formula, Conducted in the Convention with the unanimous consent of the countries present... is made.
The document is dated: "The Seventeenth Day of September in the Year of our Lord" 1787, and "Twelve United States Independence." This double dating serves to place the Constitution in the context of Western civilization and at the same time relate it to the principles of the regime proclaimed in the Declaration of Independence. This double reference can also be found in the Northwest Confederation and Ordinance Budget.
Closure support only serves as authentication. It does not authorize the federal government nor provides specific restrictions on government action. Nevertheless, it provides an important documentation of the validity of the Constitution, the statement "This is what is agreed upon." It notes who signed the Constitution, and when and where.
Ratified amendments
The Constitution has twenty-seven amendments. Structurally, the original text of the Constitution and all previous amendments remain untouched. The precedent for this practice was set in 1789, when Congress considered and proposed some of the first constitutional amendments. Among them, the 1-10 amendments are collectively known as the Bill of Rights, and the 13-15 Amendments are known as the Reconstruction Amendment. Excluding the Twenty-seventh Amendment, pending before the state for 202 years, 225 days, the longest pending amendment that was ratified was the Twenty-Two Amendment, which took 3 years, 343 days. The twenty-sixth Amendment was ratified in a short time, 100 days. The average ratification time for the first twenty-six amendments is 1 year, 252 days, for all twenty seven, 9 years, 48 ​​days.
The proposed amendment became an operative part of the Constitution as soon as it was ratified by three quarters of the United States (currently 38 of 50 States). No further steps. The text does not require additional action by Congress or others after ratification by the number of countries required. Thus, when the Federal Registry Office verifies that it has received a number of validated ratification documents, it has made an official declaration to the Archivist to declare that the amendment is valid and has become part of the state government's framework. This certification is published in the Federal Register and the United States Statute at Large and serves as an official notice to Congress and to the nation that the ratification process has been successfully completed.
Freedom protection (Amendments 1, 2 and 3)
The First Amendment (1791) prohibited Congress from impeding the exercise of certain individual freedoms: freedom of religion, freedom of speech, press freedom, freedom of association, and the right to petition. His Free Exercise Clause guarantees a person's right to hold whatever religious belief he wants, and to be free to exercise that belief, and his Formation Clause prevents the federal government from creating an official national church or supporting a set of religious beliefs on top of the other. This amendment guarantees a person's right to expression and to be exposed to various opinions and views. It is meant to ensure free exchange of ideas, even unpopular ideas. It also guarantees the right of individuals to physically collect or relate to others in groups for economic, political or religious purposes. In addition, guarantee the right of individuals to petition the government for redress.
The Second Amendment (1791) protects the right of individuals to guard and carry arms. Although the Supreme Court has ruled that this right applies to individuals, not only to collective militias, it also argues that governments may regulate or place some restrictions on the manufacture, possession and sale of firearms or other weapons. Prompted by several countries during the debate on the ratification of the Constitution, the amendment reflects the extent of the persistence of British efforts to confiscate firearms of invaders during the outbreak of the Revolutionary War. Patrick Henry asks rhetorically, will we be stronger, "when we are completely paralyzed, and when will the British Guard be placed in every house?"
The Third Amendment (1791) prohibits the federal government forcing individuals to provide lodging for soldiers in their homes during peacetime without their consent. Requested by several countries during the debate on the ratification of the Constitution, the amendment reflects the remaining resentment over the Quartering Act passed by the British Parliament during the Revolutionary War, which has allowed the British army to take over private homes for their own use.
Justice protection (Amendment 4, 5, 6, 7, and 8)
The Fourth Amendment (1791) protects people against unlawful searches and seizures or property by government officials. Searching can mean everything, from a police officer or a blood test request to find a person's home or car. Seizures occur when the government controls someone or something in their possession. Confiscated items are often used as evidence when individuals are accused of crimes. It also imposes certain restrictions on police investigating crimes and preventing the use of illegally obtained evidence in court.
The Fifth Amendment (1791) specifies the requirement that trials for major crimes be commenced only after the indictment has been dropped by the grand jury; protect individuals from double harm, be tried and punished in danger of being punished more than once for the same criminal act; prohibit punishment without due process of law, thereby protecting individuals from imprisonment without fair procedure; and declares that the defendant may not need to disclose to any police, prosecutor, judge or jury any information that may be incriminating or used against him in court. In addition, the Fifth Amendment also prohibits the government from taking private property in the public interest without "only compensation", the basis of a leading domain in the United States.
The Sixth Amendment (1791) provides some protection and rights to individuals accused of crimes. The defendant has the right to a fair and prompt trial by a local and impartial jury. Likewise, a person has the right to a public court. This right protects the defendant from covert action that may encourage abuse of the judicial system, and serves to keep the public informed. The amendment also guarantees the right to legal counsel if charged with a crime, ensures that the defendant may request a witness to attend the hearing and testify before the defendant, and to ensure that the defendant has the right to know the charges against them. In 1966, the Supreme Court ruled that, by the Fifth Amendment, this amendment requires what has been known as the Miranda warning.
The Seventh Amendment (1791) extended the right to a jury trial to federal civil cases, and impeded the court from reversing the findings of the jury. Although the Seventh Amendment itself says that it is limited to "in accordance with common law", which means cases that sparked the right to a jury under British law, the amendment has been found to file lawsuits similar to old legal cases. For example, the right to a jury trial applies to cases brought under federal laws that prohibit racial or gender discrimination in housing or employment. Importantly, this amendment guarantees the right to a jury only in federal courts, not in state courts.
The Eighth Amendment (1791) protects people from guaranteed or stipulated fines at an exorbitant amount making it impossible for everyone but the richest defendant to pay and also to protect people against cruel and unusual punishment purposes. Although this phrase was originally intended to outlaw horrible methods of punishment, it has been extended over the years to protect against punishments that are too disproportionate or too harsh for certain crimes. This provision has also been used to challenge prison conditions such as extremely unhealthy, overcrowded cells, inadequate medical care and deliberate failures by officials to protect prisoners from each other.
Countless rights and backup strength (Amendments 9 and 10)
The Ninth Amendment (1791) states that the individual has other fundamental rights, other than those stated in the Constitution. During the debate the ratification of the Anti-Federalist Constitution holds that the Draft Law on Rights should be added. The Federalists opposed it on the grounds that the list would always be incomplete but would be considered explicit and complete, thus enlarging the federal government's power with implications. The Anti-Federalists persist, and some state ratification conventions refuse to ratify the Constitution without a more specific list of protections, so the First Congress adds what the Nintendy Amendments as a compromise. Because the rights protected by the Ninth Amendment are not specified, they are referred to as "uncountable". The Supreme Court has found that unspecified rights include important rights such as the right to travel, the right to vote, the right to privacy, and the right to make important decisions about a person's health care or body.
The Tenth Amendment (1791) was included in the Bill of Rights to further determine the balance of power between the federal and state governments. The amendment states that the federal government only has powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate business activities between countries and others contained in articles or in subsequent amendments to the constitution. Whatever power is not listed is, said the Tenth Amendment, submitted to the state or people. Although there is no specific list of what these "power forces" might be, the Supreme Court has ruled that laws affecting family relations, trade within the borders of their own country and local law enforcement activities, are among those specifically reserved for the state or people.
Government sponsorship (Amendments 11, 16, 18, and 21)
The Eleventh Amendment (1795) specifically prohibits federal courts from hearing cases where a country is sued by an individual from another country or another country, thereby extending the state's protection of immunity from certain types of legal liability. Article Three, Part 2, Paragraph 1 has been affected by this amendment, which also overturned the Supreme Court's decision on Chisholm v. Georgia .
The Sixteenth Amendment (1913) omitted the restrictions of the existing Constitution which limited the power of Congress to lay down and collect taxes on income. In particular, the division limits described in Article 1, Section 9, Clause 4 have been removed by this amendment, which also overturned the Supreme Court's decision of 1895, in Pollock v. Farmers Loans & amp; Trust Co. , announcing a disproportionate federal income tax on unconstitutional rent, dividends, and interest. This amendment has become the basis for all subsequent federal income tax laws and has greatly expanded the scope of federal spending and expenditure in the years since.
The Eighteen Amendment (1919) prohibits the manufacture, transportation and sale of alcoholic beverages nationwide. It also authorizes Congress to enact laws enforcing this ban. Adopted at the urging of the national simplicity movement, supporters believe that alcohol use is reckless and destructive and that prohibition will reduce crime and corruption, solve social problems, reduce the need for prosperity and imprisonment, and improve the health of all Americans. During the ban, it is estimated that alcohol consumption and alcohol-related deaths decrease dramatically. But prohibition has other more negative consequences. The amendment encouraged the lucrative alcoholic beverage business underground, resulting in a large and pervasive black market. In addition, the prohibition encourages disrespect towards the law and reinforces organized crime. The ban ended in 1933, when the amendment was lifted.
The Twenty-First Amendment (1933) revoked the Eighteenth Amendment and restored the regulation of alcohol to the state. Each country establishes its own rules for the sale and import of alcohol, including drinking age. Because federal law provides federal funds to countries that prohibit the sale of alcohol to children under the age of twenty-one, all fifty states have set their drinking age there. The rules about how alcohol is sold vary greatly from state to state.
Protection of civil rights (Amendments 13, 14, 15, 19, 23, 24 and 26)
The Third Amendment (1865) abolished slavery and forced servitude, except as a punishment for crime, and authorized Congress to impose its abolition. Although millions of slaves have been declared free by the Emancipation Proclamation of 1863, their post-Civil War status is unclear, as do the status of many other millions. Congress intended the Thirteenth Amendment to be a proclamation of freedom for all slaves across the nation and to take questions about the emancipation of politics. This amendment is made invalid or disputed by some of the original parts of the constitution.
The Fourteenth Amendment (1868) granted US citizenship to former slaves and to all persons "subject to US jurisdiction". It also contains three new limits on state power: the state will not violate the privileges or immunities of citizens; will not deprive anybody of soul, liberty, or property without due process of law; and must ensure everyone has the same legal protection. This limitation dramatically extends the protection of the Constitution. This amendment, according to the Doctrine of the Establishment of the Supreme Court, makes most of the provisions of the Bill of Rights applicable to state and local governments as well. The mode of distribution of representation described in Article 1, Section 2, Clause 3 has been replaced by this amendment, which also overturned the Supreme Court's decision in Dred Scott v. Sandford .
The Fifteenth Amendment (1870) prohibits the use of race, color, or previous conditions of slavery in determining which citizens may vote. The last of the three Civil War Reconstruction Amendments, seeks to eradicate one of the major remnants of slavery and to advance civil rights and freedoms of former slaves.
The Nineteenth Amendment (1920) prohibited the government from denying women the right to vote on the same terms as men. Prior to the adoption of amendments, only a few countries allowed women to vote and hold office.
The Twenty-third Amendment (1961) extended the right to vote in presidential elections for citizens living in the District of Columbia by granting District voters at Electoral College, as if it were a state. When first established as a state capital in 1800, five thousand inhabitants of the District of Columbia had no local government, nor the right to vote in federal elections. By 1960 the District's population had grown to more than 760,000 people. However, while the population has all the responsibilities of citizenship, such as paying federal taxes, and can be designed to serve in the military, citizens in thirteen countries with lower populations have more voting rights than residents of the District.
The Twenty-Fourth Amendment (1964) prohibits the election tax for voting. Although parts of the Thirteenth, Fourteenth, and Fifteenth Amendments help remove many of the remaining discriminatory laws of slavery, they do not eliminate all forms of discrimination. Along with literacy tests and long-term residency requirements, voting taxes are used to keep low-income citizens (mainly African Americans) participating in elections. Therefore the Supreme Court has imposed this discriminatory act, open democratic participation to all, regardless of one's ability to pay.
The twenty-sixth amendment (1971) prohibited the government from denying the right of American citizens, aged eighteen or more, to vote by age. The drive to degrade voting age was largely driven by a wider student activism movement that protested the Vietnam War. He gained strength following the Supreme Court decision in Oregon v. Mitchell , which states that Congress may set requirements to vote in federal elections, but not for state or local elections. Its size, which overturned Mitchell's decision, was another in the line of constitutional amendments that expanded the right to choose more citizens.
Government processes and procedures (Amendments 12, 17, 20, 22, 25, and 27)
The Twelfth Amendment (1804) changed the way the University Elections voted for the President and Vice President. It stipulates that every voter must cast a different vote for the President and Vice President, not two votes for the President. It also indicates that the President and Vice President should not be from the same country. Article II, Section 1, Clause 3 is replaced by this amendment, which also extends the eligibility requirements to become President for Vice President.
The Seventeenth Amendment (1913) modified the way senators were elected. This stipulates that the senator should be elected through direct elections. The amendment replaces Article 1, Section 2, Clauses 1 and 2, in which two senators from each country are elected by the state legislature. It also allows state legislatures to allow their governors to make temporary appointments until special elections can be held.
The Twentieth Amendment (1933) changed the date on which a new President, Vice President and Congress took office, thus shortening the time between Election Day and the beginning of the Presidency, Vice President and Congress. Initially, the Constitution stipulates that the annual meeting should take place on the first Monday of December unless otherwise stated by law. This means that, when the new Congress is elected in November, it does not come into office until next March, with the Congress "lame duck" holding a temporary meeting. By moving the start of a new presidential term from March 4 to January 20 (and in the case of Congress, until 3 January), supporters hope to end the weak duck sessions, while allowing for a faster transition to new governments and legislators.
The Twenty-second Amendment (1951) limited the elected president to two terms of office, a total of eight years. However, under certain circumstances it is possible for someone to serve more than eight years. Although nothing within the framework of the original government restricted how many presidential terms could be served, the country's first president, George Washington, refused to run for a third term, indicating that two four-year terms would be enough for any president. This precedent remained an unwritten rule of the presidency until it was broken by Franklin D. Roosevelt, who was elected for a third term as president 1940 and in 1944 became the fourth.
The twenty-fifth amendment (1967) describes what happens to the death, dismissal, or resignation of the President or Vice President and how the Presidency is temporarily filled if the President becomes disabled and can not fulfill office responsibilities. This replaces the ambiguous succession rules set out in Article II, Section 1, Clause 6. A concrete succession plan has been required on several occasions since 1789. However, for nearly 20% of US history, there has not been a vice president in office who can assume presidency.
The Twenty-Seven Amendment (1992) prevents members of Congress from granting their own raise during the current session. Instead, any adopted increase must be valid during the next Congress session. Its supporters believe that Federal legislators will be more inclined to be cautious about enhancers
Source of the article : Wikipedia
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