1.
United States Constitution
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The United States Constitution is the supreme law of the United States of America. The Constitution, originally comprising seven articles, delineates the national frame of government, Articles Four, Five and Six entrench concepts of federalism, describing the rights and responsibilities of state governments and of the states in relationship to the federal government. Article Seven establishes the procedure used by the thirteen States to ratify it. In general, the first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty, the majority of the seventeen later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures, Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. All four pages of the original U. S, according to the United States Senate, The Constitutions first three words—We the People—affirm that the government of the United States exists to serve its citizens. From September 5,1774 to March 1,1781, the Continental Congress functioned as the government of the United States. The process of selecting the delegates for the First and Second Continental Congresses underscores the revolutionary role of the people of the colonies in establishing a governing body. The Articles of Confederation and Perpetual Union was the first constitution of the United States and it was drafted by the Second Continental Congress from mid-1776 through late-1777, and ratification by all 13 states was completed by early 1781. Under the Articles of Confederation, the governments power was quite limited. The Confederation Congress could make decisions, but lacked enforcement powers, implementation of most decisions, including modifications to the Articles, required unanimous approval of all thirteen state legislatures. The Continental Congress could print money but the currency was worthless, Congress could borrow money, but couldnt pay it back. No state paid all their U. S. taxes, some paid nothing, some few paid an amount equal to interest on the national debt owed to their citizens, but no more. No interest was paid on debt owed foreign governments, by 1786, the United States would default on outstanding debts as their dates came due. Internationally, the Articles of Confederation did little to enhance the United States ability to defend its sovereignty, most of the troops in the 625-man United States Army were deployed facing – but not threatening – British forts on American soil. They had not been paid, some were deserting and others threatening mutiny, spain closed New Orleans to American commerce, U. S. officials protested, but to no effect. Barbary pirates began seizing American ships of commerce, the Treasury had no funds to pay their ransom, if any military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the sentiments and interests of the various states
2.
Article One of the United States Constitution
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Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. The Congress is a legislature consisting of a House of Representatives. All legislative Powers herein granted shall be vested in a Congress of the United States, Section 1 is a vesting clause that bestows federal legislative power exclusively to Congress. Similar clauses are found in Articles II and III, the former confers executive power upon the President alone, and the latter grants judicial power solely to the federal judiciary. These three articles create a separation of powers among the three branches of the federal government and this separation of powers, by which each department may exercise only its own constitutional powers and no others, is fundamental to the idea of a limited government accountable to the people. The separation of powers principle is particularly noteworthy in regard to the Congress, the Constitution declares that the Congress may exercise only those legislative powers herein granted within Article I. It also, by implied extension, prohibits Congress from delegating its authority to either of the other branches of government. That the power assigned to each branch must remain with that branch, although not specifically mentioned in the Constitution, Congress has also long asserted the power to investigate and the power to compel cooperation with an investigation. The Supreme Court has affirmed these powers as an implication of Congresss power to legislate, since the power to investigate is an aspect of Congresss power to legislate, it is as broad as Congresss powers to legislate. However, it is limited to inquiries that are in aid of the legislative function. The courts are highly deferential to Congresss exercise of its investigation powers, Congress has the power to investigate that which it could regulate, and the courts have interpreted Congresss regulatory powers broadly since the Great Depression. Section Two provides for the election of the House of Representatives every second year, since Representatives are to be chosen. At the time of its creation, the Constitution did not explicitly give citizens an inherent right to vote, rather, it provided that those qualified to vote in elections for the largest chamber of a states legislature may vote in Congressional elections. Since the Civil War, several amendments have been enacted that have curbed the states broad powers to set voter qualification standards. The Fifteenth Amendment prohibits the denial of the right to vote based on race, the Nineteenth Amendment prohibits the denial of the right to vote based on sex. The Twenty-fourth Amendment prohibits the revocation of voting due to the non-payment of a poll tax. The Twenty-sixth Amendment prohibits the denial of the right of US citizens, eighteen years of age or older, in the 1960s, the Supreme Court started to view voting as a fundamental right covered by the Equal Protection Clause of the Fourteenth Amendment. There is no requirement that a Representative reside within the district in which he or she represents, although this is usually the case, there have been occasional exceptions
3.
Article Two of the United States Constitution
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Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. It includes the President, the Vice President, the Cabinet, executive departments, independent agencies, and other boards, commissions, the executive Power shall be vested in a President of the United States of America. Similar clauses are found in Article I and Article III, the former bestows federal legislative power exclusively to Congress, and the latter grants judicial power solely to the Supreme Court. These three articles create a separation of powers among the three branches of the federal government, the Presidents executive power is subject to two important limitations. First, the President lacks executive authority explicitly granted to Congress, hence the President cannot declare war, grant letters of marque and reprisal, or regulate commerce, even though executives had often wielded such authority in the past. In these instances, Congress retained portions of the power that the Continental Congress had wielded under the Articles of Confederation. Nor were they retained by the U. S. Congress as leftovers from the Articles of Confederation, government considers itself at war with a foreign political entity. By U. S. law, the limitation on that power is a requirement to notify specific members of Congress within 48 hours after the beginning of military operations. Once proper legal notification is given to the members of Congress, military action can continue. Second, specific constitutional provisions may check customary executive authority, notwithstanding his executive power, the President cannot make treaties or appointments without the advice and consent of the Senate. Likewise, the Presidents pardon power is limited to offenses against the United States and does not extend to impeachments or violations of state law. As treaties are by U. S. law official agreements with foreign governments recognized as only after Senate ratification. Additionally, since official treaties are specifically created under and by constitutional U. S. S. as far as presidential appointments, as with treaties a person is not officially and legally appointed to a position until their appointment is approved by the Senate. And again, the President nominates people for positions at his pleasure. Senate consent occurs when a supermajority of votes to approve. The head of the Executive Branch is the President, although also named in this first clause, the Vice President is not constitutionally vested with any executive power. Nonetheless, the Constitution dictates that the President and Vice President are to be elected at the time, for the same term. The framers intent was to preserve the independence of the branch should the person who was Vice President succeed to the duties of the presidency
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First Amendment to the United States Constitution
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It was adopted on December 15,1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was originally proposed to assuage Anti-Federalist opposition to Constitutional ratification, initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with Gitlow v. New York, the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. The Supreme Court overturned English common law precedent to increase the burden of proof for defamation and libel suits, commercial speech, however, is less protected by the First Amendment than political speech, and is therefore subject to greater regulation. The Free Press Clause protects publication of information and opinions, in Near v. Minnesota and New York Times v. United States, the Supreme Court ruled that the First Amendment protected against prior restraint—pre-publication censorship—in almost all cases. The Petition Clause protects the right to all branches and agencies of government for action. In addition to the right of assembly guaranteed by this clause, eight of the other thirteen states made similar pledges. However, these declarations were generally considered mere admonitions to state legislatures, after a brief debate, Masons proposal was defeated by a unanimous vote of the state delegations. For the constitution to be ratified, however, 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. Constitution was eventually ratified by all thirteen states and this language was greatly condensed by Congress, and passed the House and Senate with almost no recorded debate, complicating future discussion of the Amendments intent. The First Amendment, along with the rest of the Bill of Rights, was submitted to the states for ratification on September 25,1789, and adopted on December 15,1791. In Reynolds v. United States the Supreme Court used these words to declare that it may be accepted almost as a declaration of the scope. Congress was deprived of all power over mere opinion, but was left free to reach actions which were in violation of social duties or subversive of good order. In these two sentences is found the distinction between what properly belongs to the church and what to the State. Originally, the First Amendment applied only to the federal government, Massachusetts, for example, was officially Congregationalist until the 1830s. Neither can pass laws which aid one religion, aid all religions, in the words of Jefferson, the clause against establishment of religion by law was intended to erect a wall of separation between church and State. That wall must be high and impregnable. We could not approve the slightest breach, in Torcaso v. Watkins, the Supreme Court ruled that the Constitution prohibits states and the federal government from requiring any kind of religious test for public office
5.
Second Amendment to the United States Constitution
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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 also contained text that aspired to bind future Parliaments, though under English constitutional law no Parliament can bind any later 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 also 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
