The U.S. Constitution in a Nutshell

lots of talk in macrumors u.s. constitution. here quick reference put 5 years ago.

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part 1
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declaration of independence- charter, purpose document, why founded. 1400 words.

u.s. constitution- by laws, how govern ourselves. 4500 words. 4000 of words describe 3 branches of government , how operate. 400 words describe relationship states , process of making amendments. preamble consists of first 52 words state 6 core purposes of why constitution written. define , limit rest of document these 6 purposes described in preamble.

declaration of independence , constitution designed work together.

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bill of rights- 10 items describe citizen rights. 10, more have been added since.

preamble of constitution
people of united states, in order form more perfect union, establish justice, insure domestic tranquility, provide common defence, promote general welfare, , secure blessings of liberty ourselves , our posterity, ordain , establish constitution united states of america.
preamble paraphrased: connect states, ensure justice, ensure peace, provide defense, promote general wellfare, secure liberty , future. general welfare- means promote fair economic playing field our citizens.

comment: no surprises far?



part 2
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3 branches of government

1st branch congress:
1. borrow , coin money.
2. regulate commerce.
3. regulate immigration
4. set post office , roads.
5. create environment commerce.
6. maintain army, navy, militias
7. declare war
8. conduct impeachments
9. oversea district of colombia.
10. make laws limited 6 purposes of constitution , these areas.

2nd branch executive branch (president)
1. act commander in chief
2. appoint ambassadors, judges, , officers.
3. enforce laws of u.s.
4. sign treaties & recieve ambassadors other countries.
5. grant pardons
6. give state of union congress.

3rd branch- judicial (supreme court)
1. take appeals citizens, courts, & states.
2. make principled judgments.
3. ensure jury trials.
4. uphold constitution.

important concept: all 3 branches of u.s. government uphold , interpret constitution, not supreme court. founding fathers concerned because supreme court justices appointed life, there judicial overreach or judicial tyranny.

balance of power on court: congress establishes jurisdiction of court, kind of cases can rule on , congress can impeach judges if feel operating outside of constitutional bounds.

checks , balances:
congress- more powerful other branches.
president- powerful in war , keeping law, otherwise medium power.
supreme court- used checks , balances, least powerful.

bill of rights (brief comment in video)
1. congress shall make no law respecting establishment of religion or prohibiting exercise thereof.
insures freedom of speech , freedom of press.

x. powers not delegated united states reserved states respectively or people.

reemphasised: declaration of independance , constitution designed work together. preamble of constitution limits government able do.



part 3
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bill of rights source: wikipedia , u.s. constitution online.

theses bill of rights amendments constitution. (details after short list)

*first amendment – establishment clause, free exercise clause; freedom of speech, of press, , of assembly; right petition
*second amendment – militia (united states), sovereign state, right keep , bear arms.
*third amendment – protection quartering of troops.
*fourth amendment – protection unreasonable search , seizure.
*fifth amendment – due process, double jeopardy, self-incrimination, eminent domain.
*sixth amendment – trial jury , rights of accused; confrontation clause, speedy trial, public trial, right counsel
*seventh amendment – civil trial jury.
*eighth amendment – prohibition of excessive bail , cruel , unusual punishment.
*ninth amendment – protection of rights not enumerated in constitution.
*tenth amendment – powers of states , people.

* amendment 11 - judicial limits. ratified 2/7/1795. note history
* amendment 12 - choosing president, vice-president. ratified 6/15/1804. note history electoral college
* amendment 13 - slavery abolished. ratified 12/6/1865. history
* amendment 14 - citizenship rights. ratified 7/9/1868. includes equal protection clause. note history
* amendment 15 - race no bar vote. ratified 2/3/1870. history
*amendment 16 - status of income tax clarified. ratified 2/3/1913. note history
* amendment 17 - senators elected popular vote. ratified 4/8/1913. history
*amendment 18 - liquor abolished. ratified 1/16/1919. repealed amendment 21, 12/5/1933. history
* amendment 19 - women's suffrage. ratified 8/18/1920. history
* amendment 20 - presidential, congressional terms. ratified 1/23/1933. history
*amendment 21 - amendment 18 repealed. ratified 12/5/1933. history
* amendment 22 - presidential term limits. ratified 2/27/1951. history
* amendment 23 - presidential vote district of columbia. ratified 3/29/1961. history
* amendment 24 - poll tax barred. ratified 1/23/1964. history
* amendment 25 - presidential disability , succession. ratified 2/10/1967. note history
* amendment 26 - voting age set 18 years. ratified 7/1/1971. history
* amendment 27 - limiting changes congressional pay. ratified 5/7/1992. history


• first amendment – establishment clause, free exercise clause; freedom of speech, of press, , of assembly; right petition
congress shall make no law respecting establishment of religion, or prohibiting free exercise thereof; or abridging freedom of speech, or of press; or right of people peaceably assemble, , petition government redress of grievances.

• second amendment – militia (united states), sovereign state, right keep , bear arms.
regulated militia, being necessary security of free state, right of people keep , bear arms, shall not infringed. [7]

• third amendment – protection quartering of troops.
no soldier shall, in time of peace quartered in house, without consent of owner, nor in time of war, in manner prescribed law.

• fourth amendment – protection unreasonable search , seizure.
right of people secure in persons, houses, papers, , effects, against unreasonable searches , seizures, shall not violated, , no warrants shall issue, upon probable cause, supported oath or affirmation, , particularly describing place searched, , persons or things seized.

• fifth amendment – due process, double jeopardy, self-incrimination, eminent domain.
no person shall held answer capital, or otherwise infamous crime, unless on presentment or indictment of grand jury, except in cases arising in land or naval forces, or in militia, when in actual service in time of war or public danger; nor shall person subject same offence twice put in jeopardy of life or limb; nor shall compelled in criminal case witness against himself, nor deprived of life, liberty, or property, without due process of law; nor shall private property taken public use, without compensation.

• sixth amendment – trial jury , rights of accused; confrontation clause, speedy trial, public trial, right counsel
in criminal prosecutions, accused shall enjoy right speedy , public trial, impartial jury of state , district in crime shall have been committed, district shall have been ascertained law, , informed of nature , cause of accusation; confronted witnesses against him; have compulsory process obtaining witnesses in favor, , have assistance of counsel defense.

• seventh amendment – civil trial jury.
in suits @ common law, value in controversy shall exceed twenty dollars, right of trial jury shall preserved, , no fact tried jury, shall otherwise re-examined in court of united states, according rules of common law.

• eighth amendment – prohibition of excessive bail , cruel , unusual punishment.
excessive bail shall not required, nor excessive fines imposed, nor cruel , unusual punishments inflicted.
• ninth amendment – protection of rights not enumerated in constitution.
enumeration in constitution, of rights, shall not construed deny or disparage others retained people.

• tenth amendment – powers of states , people.
powers not delegated united states constitution, nor prohibited states, reserved states respectively, or people.

 

description of amendments 11-19.
source: wikipedia , u.s. constitution online.

* amendment 11 - judicial limits. ratified 2/7/1795. note history
judicial power of united states shall not construed extend suit in law or equity, commenced or prosecuted against 1 of united states citizens of state, or citizens or subjects of foreign state.
* amendment 12 - choosing president, vice-president. ratified 6/15/1804. note history electoral college
electors shall meet in respective states, , vote ballot president , vice-president, 1 of whom, @ least, shall not inhabitant of same state themselves; shall name in ballots person voted president, , in distinct ballots person voted vice-president, , shall make distinct lists of persons voted president, , of persons voted vice-president , of number of votes each, lists shall sign , certify, , transmit sealed seat of government of united states, directed president of senate;
president of senate shall, in presence of senate , house of representatives, open certificates , votes shall counted;
person having greatest number of votes president, shall president, if such number majority of whole number of electors appointed; , if no person have such majority, persons having highest numbers not exceeding 3 on list of voted president, house of representatives shall choose immediately, ballot, president. in choosing president, votes shall taken states, representation each state having 1 vote; quorum purpose shall consist of member or members two-thirds of states, , majority of states shall necessary choice. , if house of representatives shall not choose president whenever right of choice shall devolve upon them, before fourth day of march next following, vice-president shall act president, in case of death or other constitutional disability of president.
person having greatest number of votes vice-president, shall vice-president, if such number majority of whole number of electors appointed, , if no person have majority, 2 highest numbers on list, senate shall choose vice-president; quorum purpose shall consist of two-thirds of whole number of senators, , majority of whole number shall necessary choice. no person constitutionally ineligible office of president shall eligible of vice-president of united states.
* amendment 13 - slavery abolished. ratified 12/6/1865. history
1. neither slavery nor involuntary servitude, except punishment crime whereof party shall have been duly convicted, shall exist within united states, or place subject jurisdiction.
2. congress shall have power enforce article appropriate legislation.

* amendment 14 - citizenship rights. ratified 7/9/1868. equal protection clause. note history
1. persons born or naturalized in united states, , subject jurisdiction thereof, citizens of united states , of state wherein reside. no state shall make or enforce law shall abridge privileges or immunities of citizens of united states; nor shall state deprive person of life, liberty, or property, without due process of law; nor deny person within jurisdiction equal protection of laws. see article on history of epc: the constitution @ crossroads.

2. representatives shall apportioned among several states according respective numbers, counting whole number of persons in each state, excluding indians not taxed. when right vote @ election choice of electors president , vice-president of united states, representatives in congress, executive , judicial officers of state, or members of legislature thereof, denied of male inhabitants of such state, being twenty-one years of age, , citizens of united states, or in way abridged, except participation in rebellion, or other crime, basis of representation therein shall reduced in proportion number of such male citizens shall bear whole number of male citizens twenty-one years of age in such state.

3. no person shall senator or representative in congress, or elector of president , vice-president, or hold office, civil or military, under united states, or under state, who, having taken oath, member of congress, or officer of united states, or member of state legislature, or executive or judicial officer of state, support constitution of united states, shall have engaged in insurrection or rebellion against same, or given aid or comfort enemies thereof. congress may vote of two-thirds of each house, remove such disability.

4. validity of public debt of united states, authorized law, including debts incurred payment of pensions , bounties services in suppressing insurrection or rebellion, shall not questioned. neither united states nor state shall assume or pay debt or obligation incurred in aid of insurrection or rebellion against united states, or claim loss or emancipation of slave; such debts, obligations , claims shall held illegal , void.
5. congress shall have power enforce, appropriate legislation, provisions of article.
* amendment 15 - race no bar vote. ratified 2/3/1870. history
1. right of citizens of united states vote shall not denied or abridged united states or state on account of race, color, or previous condition of servitude.
2. congress shall have power enforce article appropriate legislation.
*amendment 16 - status of income tax clarified. ratified 2/3/1913. note history
congress shall have power lay , collect taxes on incomes, whatever source derived, without apportionment among several states, , without regard census or enumeration.
* amendment 17 - senators elected popular vote. ratified 4/8/1913. history
senate of united states shall composed of 2 senators each state, elected people thereof, 6 years; , each senator shall have 1 vote. electors in each state shall have qualifications requisite electors of numerous branch of state legislatures.
when vacancies happen in representation of state in senate, executive authority of such state shall issue writs of election fill such vacancies: provided, legislature of state may empower executive thereof make temporary appointments until people fill vacancies election legislature may direct.
amendment shall not construed affect election or term of senator chosen before becomes valid part of constitution.
*amendment 18 - liquor abolished. ratified 1/16/1919. repealed amendment 21, 12/5/1933. history
1. after 1 year ratification of article manufacture, sale, or transportation of intoxicating liquors within, importation thereof into, or exportation thereof united states , territory subject jurisdiction thereof beverage purposes hereby prohibited.
2. congress , several states shall have concurrent power enforce article appropriate legislation.
3. article shall inoperative unless shall have been ratified amendment constitution legislatures of several states, provided in constitution, within 7 years date of submission hereof states congress.
* amendment 19 - women's suffrage. ratified 8/18/1920. history
right of citizens of united states vote shall not denied or abridged united states or state on account of sex.
congress shall have power enforce article appropriate legislation.

 

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