Second Amendment to the United States Constitution
State and local governments are limited to the same extent as the federal government from infringing this right per the incorporation of the Bill of Rights. The Second Amendment was based partially on the right to keep, in the twenty-first century, the amendment has been subjected to renewed academic inquiry and judicial interest. In District of Columbia v. Heller, the Supreme Court handed down a decision that held the amendment protects an individual right to possess. Despite these decisions, the debate between various organizations regarding gun control and gun rights continues, there are several versions of the text of the Second Amendment, each with capitalization or punctuation differences. Differences exist between the drafted and ratified copies, the copies on display, and various published transcriptions. The importance of these differences has been the source of debate regarding the meaning and interpretation of the amendment, one version was passed by the Congress, and a slightly different version was ratified.
Ultimately, the Catholic James II was overthrown in the Glorious Revolution, and his successors, the text of the English Bill of Rights of 1689 includes language protecting the right of Protestants against disarmament by the Crown. This document states, That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and it contained text that aspired to bind future Parliaments, though under English constitutional law no Parliament can bind any Parliament. The statement in the English Bill of Rights concerning the right to arms is often quoted only in the passage where it is written as above. By causing severall good Subjects being Protestants to be disarmed at the time when Papists were both Armed and Imployed contrary to Law. That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law. The historical link between the English Bill of Rights and the Second Amendment, which both codify an existing right and do not create a new one, has been acknowledged by the U. S.
Supreme Court. The English Bill of Rights includes the proviso that arms must be as allowed by law and this has been the case before and after the passage of the Bill. Before and after the English Bill of Rights, the government could always disarm any individual or class of individuals it considered dangerous to the peace of the realm. The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, which is declared by the same statute 1 W. & M. st.2. Some in the United States have preferred the rights argument arguing that the English Bill of Rights had granted a right, the need to have arms for self-defence was not really in question. Without a regular army and police force, it had been the duty of men to keep watch and ward at night and to confront. Every subject had an obligation to protect the peace and assist in the suppression of riots
Congress of the Confederation
A unicameral body with legislative and executive function, it comprised delegates appointed by the legislatures of the several states. Each state delegation had one vote, the membership of the Second Continental Congress automatically carried over to the Congress of the Confederation when the latter was created by the ratification of the Articles of Confederation. It had the secretary as the Second Continental Congress, namely Charles Thomson. The Congress of the Confederation opened in the last stages of the American Revolution, combat ended in October 1781, with the surrender of the British after the Siege and Battle of Yorktown. The British, continued to occupy New York City, while the American delegates in Paris, named by the Congress and this formally ended the American Revolutionary War between Great Britain and the thirteen former colonies, which on July 4,1776, had declared independence. On March 1,1781, the Articles of Confederation and Perpetual Union were signed by delegates of Maryland at a meeting of the Second Continental Congress, as historian Edmund Burnett wrote, There was no new organization of any kind, not even the election of a new President.
The Congress still called itself the Continental Congress, some modern historians would refer to the Continental Congress after the ratification of the Articles as the Congress of the Confederation or the Confederation Congress. The Congress had little power and without the threat of a war against the British. Nonetheless the Congress still managed to pass important laws, most notably the Northwest Ordinance of 1787, the War of Independence saddled the country with an enormous debt. In 1784, the total Confederation debt was nearly $40 million, of that sum, $8 million was owed to the French and Dutch. Of the domestic debt, government bonds, known as loan-office certificates, composed $11.5 million, certificates on interest indebtedness $3.1 million, the certificates were non-interest bearing notes issued for supplies purchased or impressed, and to pay soldiers and officers. Rhode Island and Virginia rejected the 1781 impost plan while New York rejected the 1783 revised plan, without revenue, except for meager voluntary state requisitions, Congress could not even pay the interest on its outstanding debt.
Meanwhile, the states failed, or refused, to meet the requisitions requested of them by Congress. The Confederation Congress itself endorsed the Call and issued one on its own further inviting the states to send delegates. After meeting in secret all summer in the Old Pennsylvania State House now having acquired the nickname and new title of Independence Hall, from the famous action here eleven years earlier. The Confederation Congress received and submitted the new Constitution document to the states, the Congress of the Confederation continued to conduct business for another month after setting the various dates. Pell oversaw the meeting and adjourned the Congress sine die, rather than having a fixed capital, the Congress of the Confederation met in numerous locations which may be considered United States capitals. The Congress of the Confederation initially met at the Old Pennsylvania State House, party Politics in the Continental Congress
Third Amendment to the United States Constitution
The Third Amendment to the United States Constitution places restrictions on the quartering of soldiers in private homes without the owners consent, forbidding the practice in peacetime. The Third Amendment was introduced in Congress in 1789 by James Madison as a part of the United States Bill of Rights, in response to Anti-Federalist objections to the new Constitution. Congress proposed the amendment to the states on September 28,1789, and by December 15,1791, Secretary of State Thomas Jefferson announced the adoption of the amendment on March 1,1792. The amendment is one of the least controversial of the Constitution and is rarely litigated, to date, it has never been the primary basis of a Supreme Court decision, though it was the basis of the Court of Appeals for the Second Circuit case Engblom v. Carey. After the Boston Tea Party, the Quartering Act of 1774 was enacted, One of the Intolerable Acts that pushed the colonies toward revolution, it authorized British troops to be housed wherever necessary, including in private homes.
The quartering of troops was cited as one of the grievances in the United States Declaration of Independence. George Mason, a Constitutional Convention delegate and the drafter of Virginias Declaration of Rights, after a brief debate, Masons proposal was defeated by a unanimous vote of the state delegations. For the constitution to be ratified, nine of the thirteen states were required to approve it in state conventions, opposition to ratification was partly based on the Constitutions lack of adequate guarantees for civil liberties. Several state conventions specifically proposed a provision against the quartering of troops in private homes, at the 1788 Virginia Ratifying Convention, Patrick Henry stated, One of our first complaints, under the former government, was the quartering of troops among us. This was one of the reasons for dissolving the connection with Great Britain. Here we may have troops in time of peace and they may be billeted in any manner — to tyrannize and crush us. However, the amendment ultimately passed Congress almost unchanged and by unanimous vote, Congress reduced Madisons proposed twenty amendments to twelve, and these were submitted to the states for ratification on September 25,1789.
By the time the Bill of Rights was submitted to the states for ratification, many Federalists, who had previously opposed a Bill of Rights, now supported the Bill as a means of silencing the Anti-Federalists most effective criticism. Many Anti-Federalists, in contrast, now opposed it, realizing that the Bills adoption would greatly lessen the chances of a constitutional convention. Anti-Federalists such as Richard Henry Lee argued that the Bill left the most objectionable portions of the Constitution, such as the judiciary and direct taxation. On November 20,1789, New Jersey ratified eleven of the amendments, rejecting Article II. On December 19 and 22, respectively and North Carolina ratified all twelve amendments, in February through June 1790, New York and Rhode Island ratified eleven of the amendments, though all three rejected the amendment on Congressional pay raises. Virginia initially postponed its debate, but after Vermont was admitted to the Union in 1791, Vermont ratified on November 3,1791, approving all twelve amendments, and Virginia finally followed on December 15,1791
New Hampshire is a state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west and the Atlantic Ocean to the east, New Hampshire is the 5th smallest by land area and the 9th least populous of the 50 United States. Concord is the capital, while Manchester is the largest city in the state and in northern New England, including Vermont. It has no sales tax, nor is personal income taxed at either the state or local level. The New Hampshire primary is the first primary in the U. S. presidential election cycle and its license plates carry the state motto, Live Free or Die. The states nickname, The Granite State, refers to its extensive granite formations, the state was named after the southern English county of Hampshire by Captain John Mason. New Hampshire is part of the New England region and it is bounded by Quebec, Canada, to the north and northwest and the Atlantic Ocean to the east, Massachusetts to the south, and Vermont to the west.
New Hampshires major regions are the Great North Woods, the White Mountains, the Lakes Region, the Seacoast, the Merrimack Valley, the Monadnock Region, and the Dartmouth-Lake Sunapee area. New Hampshire has the shortest ocean coastline of any U. S. coastal state, New Hampshire was home to the rock formation called the Old Man of the Mountain, a face-like profile in Franconia Notch, until the formation disintegrated in May 2003. Major rivers include the 110-mile Merrimack River, which bisects the lower half of the state north–south and ends up in Newburyport and its tributaries include the Contoocook River, Pemigewasset River, and Winnipesaukee River. The 410-mile Connecticut River, which starts at New Hampshires Connecticut Lakes and flows south to Connecticut, only one town – Pittsburg – shares a land border with the state of Vermont. The northwesternmost headwaters of the Connecticut define the Canada–U. S, the Piscataqua River and its several tributaries form the states only significant ocean port where they flow into the Atlantic at Portsmouth.
The Salmon Falls River and the Piscataqua define the southern portion of the border with Maine, the U. S. Supreme Court dismissed the case in 2002, leaving ownership of the island with Maine. New Hampshire still claims sovereignty of the base, the largest of New Hampshires lakes is Lake Winnipesaukee, which covers 71 square miles in the east-central part of New Hampshire. Umbagog Lake along the Maine border, approximately 12.3 square miles, is a distant second, Squam Lake is the second largest lake entirely in New Hampshire. New Hampshire has the shortest ocean coastline of any state in the United States, Hampton Beach is a popular local summer destination. It is the state with the highest percentage of area in the country. New Hampshire is in the temperate broadleaf and mixed forests biome, much of the state, in particular the White Mountains, is covered by the conifers and northern hardwoods of the New England-Acadian forests
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution is part of the Bill of Rights and protects a person from being compelled to be a witness against themselves in a criminal case. A defendant cannot be compelled to become a witness at his own trial, if, they choose to testify, they are not entitled to their right, and inferences can be drawn from a refusal to answer a question during cross-examination. The Amendment requires that felonies be tried only upon indictment by a grand jury, federal grand juries can force people to take the witness stand, but defendants in those proceedings have Fifth Amendment privileges until they choose to answer any question. To claim the privilege for failure to answer when being interviewed by police, the Amendments Double Jeopardy Clause provides the right to be tried only once in federal court for the same offense. The Amendment has a Due Process Clause as well as an equal protection requirement. Finally, the Amendment requires that the power of eminent domain be coupled with just compensation for those whose property is taken and this draft was edited by Congress, all the material before the first ellipsis was placed at the end, and some of the wording was modified.
After approval by Congress, the amendment was ratified by the states, the grand jury is a pre-constitutional common law institution, and a constitutional fixture in its own right exclusively embracing common law. The process applies to the states to the extent that the states have incorporated grand juries and/or common law, most states have an alternative civil process. Many constitutional restrictions that apply in court or in other situations do not apply during grand jury proceedings, also, an individual does not have the right to have an attorney present in the grand jury room during hearings. Currently, federal law permits the trial of misdemeanors without indictments, additionally, in trials of non-capital felonies, the prosecution may proceed without indictments if the defendants waive their Fifth Amendment right. Grand jury indictments may be amended by the only in limited circumstances. In Ex Parte Bain,121 U. S.1, United States v. Miller,471 U. S.130 partly reversed Ex parte Bain, now, an indictments scope may be narrowed by the prosecution.
Thus, lesser included charges may be dropped, but new charges may not be added, the Grand Jury Clause of the Fifth Amendment does not protect those serving in the armed forces, whether during wartime or peacetime. Members of the militia called up to serve with federal forces are not protected under the clause either. In OCallahan v. Parker,395 U. S.258 and that decision was overturned in 1987, when the Court held that members of the militia in actual service may be tried for any offense without indictments. The grand jury indictment clause of the Fifth Amendment has not been incorporated under the Fourteenth Amendment and this means that the grand jury requirement applies only to felony charges in the federal court system. While many states do employ grand juries, no defendant has a Fifth Amendment right to a jury for criminal charges in state court. States are free to abolish grand juries, and many have replaced them with preliminary hearing, the historical origin of infamous crime comes from the infamia, a punishment under Roman law by which a citizen was deprived his citizenship
Signing of the United States Constitution
Included are, a statement pronouncing the documents adoption by the states present, a formulaic dating of its adoption, along with the signatures of those endorsing it. Additionally, the secretary, William Jackson, signed the document to authenticate the validity of the delegate signatures. He made a few secretarial notes and it was feared that many of the delegates would refuse to give their individual assent to the Constitution. Therefore, in order that the action of the Convention would appear to be unanimous, Constitution lays out the frame of the nations federal government and delineates how its 3 branches are to function. Of those who signed it, virtually every one had taken part in the American Revolution, seven had signed the Declaration of Independence, in general, they represented a cross-section of 18th-century American leadership, with individuals having experience in local or colonial and state government. Jonathan Dayton, age 26, was the youngest to sign the Constitution, while Benjamin Franklin, on July 24,1787 convention delegates selected a Committee of Detail to write-up a draft a draft constitution reflective of the resolutions passed by the convention up to that point.
The final report of this committee, a twenty-three article document, the draft produced by the committee conformed to the resolutions adopted by the Convention, adding some elements. Even after it issued this report, the continued to meet off. The draft constitution was discussed, section by section and clause by clause, details were attended to, and further compromises were effected. On September 8,1787, a Committee of Style, with different members, was impaneled to distill a final draft constitution from the twenty-three approved articles, the committee presented a proposed letter to accompany the constitution when delivered to the Congress of the Confederation. The final document, engrossed by Jacob Shallus, was taken up on Monday, September 17, several delegates were disappointed by the numerous compromises contained in the final document, believing that they had impaired its quality. Alexander Hamilton called the Constitution a weak and worthless fabric, certain to be superseded, luther Martin regarded it as a stab in the back of the goddess of liberty.
In all, twelve of the thirteen states sent delegates to the Constitutional Convention, several attendees left before the signing ceremony, and three that did not refused to sign. He would accept the Constitution, because I expect no better, the closing endorsement of the U. S. Constitution serves a function only. It neither assigns powers to the government nor does it provide specific limitations on government action. It does however, provide essential documentation of the Constitutions validity and it records who signed the Constitution, plus when and where they signed. It describes the role played by the signers in developing the document, due to this limited function, it is frequently overlooked and no court has ever cited it when reaching a judicial decision
Article Five of the United States Constitution
Article Five of the United States Constitution describes the process whereby the Constitution, the nations frame of government, may be altered. Altering the Constitution consists of proposing an amendment or amendments and subsequent ratification, the vote of each state carries equal weight, regardless of a states population or length of time in the Union. Additionally, Article V temporarily shielded certain clauses in Article I from being amended and it shields the first clause of Article I, Section 3, which provides for equal representation of the states in the Senate, from being amended, though not absolutely. Thirty-three amendments to the United States Constitution have been approved by the Congress, twenty-seven of these amendments have been ratified and are now part of the Constitution. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights, six amendments adopted by Congress and sent to the states have not been ratified by the required number of states and are not part of the Constitution.
Four of these amendments are still open and pending, one is closed and has failed by its own terms. All totaled, approximately 11,539 measures to amend the Constitution have been proposed in Congress since 1789, Article V provides two methods for amending the nations frame of government. The first method authorizes Congress, whenever two-thirds of both houses shall deem it necessary, to propose Constitutional amendments, the second method requires Congress, on the application of the legislatures of two-thirds of the several states, to call a convention for proposing amendments. When the 1st Congress considered a series of amendments, it was suggested that the two houses first adopt a resolution indicating that they deemed amendments necessary. Instead, both the House and the Senate proceeded directly to consideration of a joint resolution, thereby implying that both bodies deemed amendments to be necessary. Also, when proposed by James Madison, the amendments were designed to be interwoven into the relevant sections of the original document.
Instead, they were approved by Congress and sent to the states for ratification as supplemental additions appended to it, both these precedents have been followed ever since. Regarding the amendment process crafted during the 1787 Constitutional Convention, Madison,43, wrote, It guards equally against that extreme facility which would render the Constitution too mutable, and that extreme difficulty which might perpetuate its discovered faults. It moreover equally enables the General and the State Governments to originate the amendment of errors, as they may be pointed out by the experience on one side, each time the amendment process has been initiated since 1789, the first method has been used. All 33 amendments submitted to the states for ratification originated in the Congress, three times in the 20th century, concerted efforts were undertaken by proponents of particular amendments to secure the number of applications necessary to summon an Article V Convention. Once approved by Congress, the joint resolution proposing a constitutional amendment does not require Presidential approval before it out to the states.
Thus the president has no function in the process. In Hollingsworth v. Virginia, the Supreme Court affirmed that it is not necessary to place constitutional amendments before the President for approval or veto