@DATABASE "The guide to U.S. constitutional law." @NODE MAIN "The guide to U.S. constitutional law." The guide to US constitutional law. v1.0 (C) 1996 by Stephen Savner Everything you ever wanted to know about how and why the United States government was set up like it is. Within the Constitution in this guide, you will find links to excerpts from a book called "Your rugged Constitution" and a few links to pictures of certain documents and places of interest. There is also the complete text to the Declaration of Independance, written by Thomas Jefferson between June 11th and June 28th, 1776. You can find all of the credits and thank you's inside the @{"Guide-Credits" Link 5.} section. Please look in the @{"Copyrights" Link 5.1.} section for notices of Copyrights for this guide compilation, the book "Your rugged Constitution", as well as other things in this guide. You may also want to look in the @{"Future" Link 6.} section for what to expect in the future. Also, please look in the @{"Instructions" Link 7.} section for instructions on using this guide with AmigaGuide instead of Multiview. Please note that this guide is not meant to be "all encompassing", just to introduce you to the document that is responsible for the freedoms and rights that we enjoy as citizens of the United States of America. I hope that this guide is helpful to you in understanding how our govt. works, and why it was set up the way it is. It is also my hope that people will become more informed, by this work, to their rights and responsibilities in keeping these United States a free country. Sincerly: Stephen L. Savner @{" The Constitution " Link 0.} @{" The Declaration of Independance " Link 1.} ------------------------------------ @{" Decisions " Link 2.} @{" Book " Link 3.} @{" Quotes " Link 4.} @ENDNODE @NODE 0. "The Constitution" The Constitution of the United States of America PREAMBLE We the People of the United States, in Order to form a more @{"perfect Union" Link 3.1.1.}, @{"establish Justice" Link 3.1.2.}, insure @{"domestic Tranquility" Link 3.1.3.}, provide for the @{"common defense" Link 3.1.4.}, promote the @{"general Welfare" Link 3.1.5.}, and to secure the Blessings of @{"Liberty" Link 3.1.6.} to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Click @{"here" link "pics/constitution.gif/main"0} for a picture of the document. @{" Article I " Link 0.1.} @{" Article II " Link 0.2.} @{" Article III " Link 0.3.} @{" Article IV " Link 0.4.} @{" Article V " Link 0.5.} @{" Article VI " Link 0.6.} @{" Signitures " Link 0.7.} @{" AMENDMENTS " Link 0.8.} @ENDNODE @NODE 0.1. "Article I" @{" Section 1 " Link 0.1.1.} @{" Section 2 " Link 0.1.2.} @{" Section 3 " Link 0.1.3.} @{" Section 4 " Link 0.1.4.} @{" Section 5 " Link 0.1.5.} @{" Section 6 " Link 0.1.6.} @{" Section 7 " Link 0.1.7.} @{" Section 8 " Link 0.1.8.} @{" Section 9 " Link 0.1.9.} @{" Section 10 " Link 0.1.10.} @ENDNODE @NODE 0.1.1. "Section 1" All legislative Powers herein granted shall be vested in a @{"Congress" Link 3.2.1.} of the United States, which shall consist of a Senate and House of representatives. @ENDNODE @NODE 0.1.2. "Section 2" The @{"House" Link 3.2.2.} of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of impeachment. @ENDNODE @NODE 0.1.3. "Section 3" The @{"Senate" Link 3.2.3.} of the United States shall be composed of two Senators from each State, <>, for six Years; and each Senator shall have one Vote. NOTE * <> = This was changed by @{"Amendment XVII" Link 0.8.17.}. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. The Vice-President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice-President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of Honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. @ENDNODE @NODE 0.1.4. "Section 4" The Times, Places and Manner of holding @{"Elections" Link 3.2.4.} for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. @ENDNODE @NODE 0.1.5. "Section 5" Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a @{"Quorum" Link 3.2.5.} to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a @{"Journal" Link 3.2.6.} of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. @ENDNODE @NODE 0.1.6. "Section 6" The Senators and Representatives shall receive a @{"Compensation" Link 3.2.7.} for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. No Senator or Representative shall, during the Time for which he was elected, be appointed to any @{"civil Office" Link 3.2.8.} under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time: and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. @ENDNODE @NODE 0.1.7. "Section 7" All Bills for raising @{"Revenue" Link 3.2.9.} shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his @{"Objections" Link 3.2.10.} to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. @ENDNODE @NODE 0.1.8. "Section 8" The Congress shall have Power To lay and collect @{"Taxes" Link 3.2.11.}, Duties, Imposts and Excises, to pay the Debts and provide for the @{"common Defense" Link 3.1.4.} and @{"general Welfare" Link 3.1.5.} of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To @{"borrow" Link 3.2.12.} Money on the credit of the United States; To @{"regulate Commerce" Link 3.2.13.} with foreign Nations, and among the several States, and with the Indian Tribes; To establish an @{"uniform Rule" Link 3.2.14.} of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To @{"coin Money" Link 3.2.15.}, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of @{"counterfeiting" Link 3.2.16.} the Securities and current Coin of the United States; To establish @{"Post Offices" Link 3.2.17.} and post Roads; To promote the @{"Progress" Link 3.2.18.} of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute @{"Tribunals" Link 3.2.19.} inferior to the supreme Court; To define and punish @{"Piracies and Felonies" Link 3.2.20.} committed on the high Seas, and Offences against the Law of Nations; To @{"declare War" Link 3.2.21.}, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and @{"support Armies" Link 3.2.22.}, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a @{"Navy" Link 3.2.23.}; To make Rules for the Government and Regulation of the land and naval Forces; <--- See @{"Militia" Link 3.2.24.}. To provide for calling forth the @{"Militia" Link 3.2.24.} to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the @{"Militia" Link 3.2.24.}, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such @{"District" Link 3.2.25.} (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this <--- See @{"The elastic Clause" Link 3.2.26.}. Constitution in the Government of the United States, or in any Department or Officer thereof. @ENDNODE @NODE 0.1.9. "Section 9" The Migration or @{"Importation" Link 3.2.35.} of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. The Privilege of the Writ of @{"Habeas Corpus" Link 3.2.36.} shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No @{"Bill of Attainder" Link 3.2.37.} or ex post facto Law shall be passed. No @{"Capitation" Link 3.2.38.}, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. No Tax or @{"Duty" Link 3.2.39.} shall be laid on Articles exported from any State. No @{"Preference" Link 3.2.40.} shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another. No Money shall be drawn from the Treasury, but in Consequence of @{"Appropriations" Link 3.2.41.} made by Law; and a regular Statement and Account of Receipts and Expenditures of all public Money shall be published from time to time. No @{"Title of Nobility" Link 3.2.42.} shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. @ENDNODE @NODE 0.1.10. "Section 10" No State shall enter into any @{"Treaty" Link 3.2.43.}, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay any @{"Imposts" Link 3.2.44.} or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. No State shall, without the Consent of Congress, lay any @{"Duty of Tonnage" Link 3.2.45.}, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. @ENDNODE @NODE 0.2. "Article II" Article II @{" Section 1 " Link 0.2.1.} @{" Section 2 " Link 0.2.2.} @{" Section 3 " Link 0.2.3.} @{" Section 4 " Link 0.2.4.} @ENDNODE @NODE 0.2.1. "Section 1" The executive Power shall be vested in a @{"President" Link 3.3.1.} of the United States of America. He shall hold his Office during the Term of four Years, and, together with the @{"Vice-President" Link 3.3.2.}, chosen for the same Term, be elected, as follows: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of @{"Electors" Link 3.3.3.}, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the @{"Certificates" Link 3.3.4.}, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice-President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice-President. <---NOTE * @{"Amendment XII" Link 0.8.12.} changes this clause. The Congress may determine the @{"Time of chusing" Link 3.3.5.} the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. No Person except @{"a natural born Citizen" Link 3.3.6.}, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. In Case of the Removal of the President from Office, or of his Death, Resignation, or @{"Inability to discharge" Link 3.3.7.} the Powers and Duties of the said Office, the Same shall devolve on the Vice-President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice-President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other @{"Emolument" Link 3.3.8.} from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following @{"Oath" Link 3.3.9.} or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." @ENDNODE @NODE 0.2.2. "Section 2" The President shall be @{"Commander in Chief" Link 3.3.10.} of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint @{"Ambassadors" Link 3.3.11.}, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. @ENDNODE @NODE 0.2.3. "Section 3" He shall from time to time give to the Congress Information of the @{"State of the Union" Link 3.3.12.}, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. @ENDNODE @NODE 0.2.4. "Section 4" The President, Vice-President and all civil Officers of the United States, shall be removed from Office on @{"Impeachment" Link 3.3.13.} for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. @ENDNODE @NODE 0.3. "Article III" Article III @{" Section 1 " Link 0.3.1.} @{" Section 2 " Link 0.3.2.} @{" Section 3 " Link 0.3.3.} @ENDNODE @NODE 0.3.1. "Section 1" The judicial Power of the United States, shall be vested in one @{"Supreme Court" Link 3.4.1.}, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. @ENDNODE @NODE 0.3.2. "Section 2" The @{"judicial Power" Link 3.4.2.} shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have @{"appellate Jurisdiction" Link 3.4.3.}, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. The Trial of all Crimes, except in Cases of Impeachment, shall be by @{"Jury" Link 3.4.4.}; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. @ENDNODE @NODE 0.3.3. "Section 3" @{"Treason" Link 3.4.5.} against the United States shall consist only in levying war against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the @{"Punishment of Treason" Link 3.4.6.}, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. @ENDNODE @NODE 0.4. "Article IV" Article IV @{" Section 1 " Link 0.4.1.} @{" Section 2 " Link 0.4.2.} @{" Section 3 " Link 0.4.3.} @{" Section 4 " Link 0.4.4.} @ENDNODE @NODE 0.4.1. "Section 1" @{"Full Faith and Credit" Link 3.5.1.} shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof. @ENDNODE @NODE 0.4.2. "Section 2" The Citizens of each State shall be entitled to all @{"Privileges" Link 3.5.2.} and Immunities of Citizens in the several States. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be @{"delivered up" Link 3.5.3.}, to be removed to the State having Jurisdiction of the Crime. No Person @{"held to Service or Labour" Link 3.5.4.} in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. @ENDNODE @NODE 0.4.3. "Section 3" @{"New States" Link 3.5.5.} may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all @{"needful Rules" Link 3.5.6.} and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. @ENDNODE @NODE 0.4.4. "Section 4" The United States shall guarantee to every State in this Union a @{"Republican Form of Government" Link 3.5.7.}, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. @ENDNODE @NODE 0.5. "Article V" Article V The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose @{"Amendments to this Constitution" Link 3.6.1.}, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. @ENDNODE @NODE 0.6. "Article VI" Article VI @{"All Debts contracted" Link 3.7.1.} and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. @{"This Constitution" Link 3.7.2.}, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwith-standing. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be @{"bound by Oath" Link 3.7.3.} or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. @ENDNODE @NODE 0.7. "Signitures" Article VII @{"The Ratification" Link 3.8.1.} of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names, @{"George Washington" link "pics/G-Washington.gif/main"0}-President and deputy from Virginia New Hampshire: John Langdon, Nicholas Gilman Massachusetts: Nathaniel Gorham, Rufus King Connecticut: William Samluel Johnson, Roger Sherman New York: Alexander Hamilton New Jersey: William Livingston, David Brearly, William Paterson, Jonathan Dayton Pennsylvania: Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas FitzSimons, Jared Ingersoll, James Wilson, Gouverneur Morris Delaware: George Read, Gunning Bedford Jr., John Dickinson, Richard Bassett, Jacob Broom Maryland: James McHenry, Dan of St. Thomas Jennifer, Daniel Carroll Virginia: John Blair, @{"James Madison Jr." link "pics/j-madison.gif/main"0} North Carolina: William Blount, Richard Dobbs Spaight, Hugh Williamson South Carolina: J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler Georgia: William Few, Abraham Baldwin NOTE * Rhode Island sent no delegate to the Constitutional Convention. @ENDNODE @NODE 0.8. "AMENDMENTS" The Amendments to the United States Constitution NOTE * The first ten amendments (I thru X) are called the bill of rights. @{" Amendment I " Link 0.8.1.} @{" Amendment II " Link 0.8.2.} @{" Amendment III " Link 0.8.3.} @{" Amendment IV " Link 0.8.4.} @{" Amendment V " Link 0.8.5.} @{" Amendment VI " Link 0.8.6.} @{" Amendment VII " Link 0.8.7.} @{" Amendment VIII " Link 0.8.8.} @{" Amendment IX " Link 0.8.9.} @{" Amendment X " Link 0.8.10.} @{" Amendment XI " Link 0.8.11.} @{" Amendment XII " Link 0.8.12.} @{" Amendment XIII " Link 0.8.13.} @{" Amendment XIV " Link 0.8.14.} @{" Amendment XV " Link 0.8.15.} @{" Amendment XVI " Link 0.8.16.} @{" Amendment XVII " Link 0.8.17.} @{" Amendment XVIII " Link 0.8.18.} @{" Amendment XIX " Link 0.8.19.} @{" Amendment XX " Link 0.8.20.} @{" Amendment XXI " Link 0.8.21.} @{" Amendment XXII " Link 0.8.22.} @{" Amendment XXIII " Link 0.8.23.} @{" Amendment XXIV " Link 0.8.24.} @{" Amendment XXV " Link 0.8.25.} @{" Amendment XXVI " Link 0.8.26.} @{" Amendment XXVII " Link 0.8.29.} @ENDNODE @NODE 0.8.1. "Amendment I" Adopted in 1791 Congress shall make no law respecting an @{"establishment of religion" Link 3.9.1.}, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. @ENDNODE @NODE 0.8.2. "Amendment II" Adopted in 1791 A well regulated Militia, being necessary to the security of a free State, the right of the people @{"to keep and bear Arms" Link 3.9.2.}, shall not be infringed. @ENDNODE @NODE 0.8.3. "Amendment III" Adopted in 1791 No Soldier shall, in time of peace be @{"quartered" Link 3.9.3.} in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. @ENDNODE @NODE 0.8.4. "Amendment IV" Adopted in 1791 The right of the people to be secure in their persons, houses, papers, and effects, against @{"unreasonable searches" Link 3.9.4.} and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. @ENDNODE @NODE 0.8.5. "Amendment V" Adopted in 1791 No person shall be @{"held to answer" Link 3.9.5.} for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. @ENDNODE @NODE 0.8.6. "Amendment VI" Adopted in 1791 In all criminal prosecutions, the accused shall enjoy the right to a speedy and @{"public trial" Link 3.9.6.}, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. @ENDNODE @NODE 0.8.7. "Amendment VII" Adopted in 1791 In Suits at @{"common law" Link 3.9.7.}, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. @ENDNODE @NODE 0.8.8. "Amendment VIII" Adopted in 1791 @{"Excessive bail" Link 3.9.8.} shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. @ENDNODE @NODE 0.8.9. "Amendment IX" Adopted in 1791 @{"The enumeration" Link 3.9.9.} in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. @ENDNODE @NODE 0.8.10. "Amendment X" Adopted in 1791 @{"The powers not delegated" Link 3.9.10.} to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. @ENDNODE @NODE 0.8.11. "Amendment XI" Adopted in 1798 @{"The Judicial power" Link 3.9.11.} of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. @ENDNODE @NODE 0.8.12. "Amendment XII" Adopted in 1804 @{"The Electors shall meet" Link 3.9.12.} in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.--The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. @ENDNODE @NODE 0.8.13. "Amendment XIII" Adopted in 1865 Section 1 @{"Neither slavery" Link 3.9.13.} nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2 Congress shall have power to enforce this article by appropriate legislation. @ENDNODE @NODE 0.8.14. "Amendment XIV" Adopted in 1868 Section 1 @{"All persons born" Link 3.9.14.} or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2 Representatives shall be apportioned among the several States according to their @{"respective numbers" Link 3.9.15.}, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3 @{"No person shall" Link 3.9.16.} be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. Section 4 @{"The validity of" Link 3.9.17.} the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5 The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. @ENDNODE @NODE 0.8.15. "Amendment XV" Adopted in 1870 Section 1 @{"The right of" Link 3.9.18.} citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2 The Congress shall have power to enforce this article by appropriate legislation. @ENDNODE @NODE 0.8.16. "Amendment XVI" Adopted in 1913 The Congress shall have power to lay and collect @{"taxes on incomes" Link 3.9.19.}, from whatever source derived, without apportionment among the several States, and without regard to any census of enumeration. @ENDNODE @NODE 0.8.17. "Amendment XVII" Adopted in 1913 The Senate of the United States @{"shall be composed" Link 3.9.20.} of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. @ENDNODE @NODE 0.8.18. "Amendment XVIII" Adopted in 1919 Section 1 After one year from the ratification of this article the manufacture, sale, or transportation of @{"intoxicating liquors" Link 3.9.21.} within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. NOTE * This Amendment is repealed by @{"Amendment XXI" Link 0.8.21.} in 1933. Section 2 The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Section 3 This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. @ENDNODE @NODE 0.8.19. "Amendment XIX" Adopted in 1920 The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State @{"on account of sex" Link 3.9.22.}. Congress shall have power to enforce this article by appropriate legislation. @ENDNODE @NODE 0.8.20. "Amendment XX" Adopted in 1933 Section 1 @{"The terms of" Link 3.9.23.} the President and Vice-President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. Section 2 The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day. Section 3 If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice-President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice-President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice-President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice-President shall have qualified. Section 4 The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them. Section 5 Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. Section 6 This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission. @ENDNODE @NODE 0.8.21. "Amendment XXI" Adopted in 1933 Section 1 The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2 The @{"transportation or importation" Link 3.9.24.} into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. Section 3 This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. @ENDNODE @NODE 0.8.22. "Amendment XXII" Adopted in 1951 Section 1 No person shall be elected to the office of the President @{"more than twice" Link 3.9.25.}, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term. Section 2 This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress. @ENDNODE @NODE 0.8.23. "Amendment XXIII" Adopted in 1961 Section 1 The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice-President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. Section 2 The Congress shall have power to enforce this article by appropriate legislation. @ENDNODE @NODE 0.8.24. "Amendment XXIV" Adopted in 1964 Section 1 The right of citizens of the United States to vote in any primary or other election for President or Vice-President, for electors for President or Vice-President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. Section 2 The Congress shall have power to enforce this article by appropriate legislation. @ENDNODE @NODE 0.8.25. "Amendment XXV" Adopted in 1967 Section 1 In case of the removal of the President from office or of his death or resignation, the Vice-President shall become President. Section 2 Whenever there is a vacancy in the office of the Vice-President, the President shall nominate a Vice-President who shall take office upon confirmation by a majority vote of both Houses of Congress. Section 3 Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President. Section 4 Whenever the Vice-President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice-President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice-President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office. @ENDNODE @NODE 0.8.26. "Amendment XXVI" Adopted in 1971 Section 1 The right of citizens of the United States, who are 18 years of age or older, to vote shall not be denied or abridged by the United States or any State on account of age. Section 2 The Congress shall have the power to enforce this article by appropriate legislation. @ENDNODE @NODE 0.8.29. "Amendment XXVII" Adopted in 1992 No law, varying the compensation for the services of the Senators and Representatives shall take effect, until an election of Representatives shall have intervened. @ENDNODE @NODE 1. "The Declaration of Independance" THE DECLARATION OF INDEPENDENCE Action of Second Continental Congress, July 4, 1776 The unanimous Declaration of the thirteen United States of America WHEN in the Course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature's God entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation. WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness -- That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient Causes; and accordingly all Experience hath shewn, that Mankind are more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the Forms to which they are accustomed. But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security. Such has been the patient Sufferance of these Colonies; and such is now the Necessity which constrains them to alter their former Systems of Government. The History of the present King of Great- Britain is a History of repeated Injuries and Usurpations, all having in direct Object the Establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid World. HE has refused his Assent to Laws, the most wholesome and necessary for the public Good. HE has forbidden his Governors to pass Laws of immediate and pressing Importance, unless suspended in their Operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them. HE has refused to pass other Laws for the Accommodation of large Districts of People, unless those People would relinquish the Right of Representation in the Legislature, a Right inestimable to them, and formidable to Tyrants only. HE has called together Legislative Bodies at Places unusual, uncomfortable, and distant from the Depository of their public Records, for the sole Purpose of fatiguing them into Compliance with his Measures. HE has dissolved Representative Houses repeatedly, for opposing with manly Firmness his Invasions on the Rights of the People. HE has refused for a long Time, after such Dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of the Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the Dangers of Invasion from without, and the Convulsions within. HE has endeavoured to prevent the Population of these States; for that Purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their Migrations hither, and raising the Conditions of new Appropriations of Lands. HE has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers. HE has made Judges dependent on his Will alone, for the Tenure of their Offices, and the Amount and Payment of their Salaries. HE has erected a Multitude of new Offices, and sent hither Swarms of Officers to harrass our People, and eat out their Substance. HE has kept among us, in Times of Peace, Standing Armies, without the consent of our Legislatures. HE has affected to render the Military independent of and superior to the Civil Power. HE has combined with others to subject us to a Jurisdiction foreign to our Constitution, and unacknowledged by our Laws; giving his Assent to their Acts of pretended Legislation: FOR quartering large Bodies of Armed Troops among us; FOR protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the Inhabitants of these States: FOR cutting off our Trade with all Parts of the World: FOR imposing Taxes on us without our Consent: FOR depriving us, in many Cases, of the Benefits of Trial by Jury: FOR transporting us beyond Seas to be tried for pretended Offences: FOR abolishing the free System of English Laws in a neighbouring Province, establishing therein an arbitrary Government, and enlarging its Boundaries, so as to render it at once an Example and fit Instrument for introducing the same absolute Rules into these Colonies: FOR taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: FOR suspending our own Legislatures, and declaring themselves invested with Power to legislate for us in all Cases whatsoever. HE has abdicated Government here, by declaring us out of his Protection and waging War against us. HE has plundered our Seas, ravaged our Coasts, burnt our Towns, and destroyed the Lives of our People. HE is, at this Time, transporting large Armies of foreign Mercenaries to compleat the Works of Death, Desolation, and Tyranny, already begun with circumstances of Cruelty and Perfidy, scarcely paralleled in the most barbarous Ages, and totally unworthy the Head of a civilized Nation. HE has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the Executioners of their Friends and Brethren, or to fall themselves by their Hands. HE has excited domestic Insurrections amongst us, and has endeavoured to bring on the Inhabitants of our Frontiers, the merciless Indian Savages, whose known Rule of Warfare, is an undistinguished Destruction, of all Ages, Sexes and Conditions. IN every stage of these Oppressions we have Petitioned for Redress in the most humble Terms: Our repeated Petitions have been answered only by repeated Injury. A Prince, whose Character is thus marked by every act which may define a Tyrant, is unfit to be the Ruler of a free People. NOR have we been wanting in Attentions to our British Brethren. We have warned them from Time to Time of Attempts by their Legislature to extend an unwarrantable Jurisdiction over us. We have reminded them of the Circumstances of our Emigration and Settlement here. We have appealed to their native Justice and Magnanimity, and we have conjured them by the Ties of our common Kindred to disavow these Usurpations, which, would inevitably interrupt our Connections and Correspondence. They too have been deaf to the Voice of Justice and of Consanguinity. We must, therefore, acquiesce in the Necessity, which denounces our Separation, and hold them, as we hold the rest of Mankind, Enemies in War, in Peace, Friends. WE, therefore, the Representatives of the UNITED STATED OF AMERICA, in GENERAL CONGRESS, Assembled, appealing to the Supreme Judge of the World for the Rectitude of our Intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly Publish and Declare, That these United Colonies are, and of Right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all Allegiance to the British Crown, and that all political Connection between them and the State of Great-Britain, is and ought to be totally dissolved; and that as FREE AND INDEPENDENT STATES, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which INDEPENDENT STATES may of right do. And for the support of this Declaration, with a firm Reliance on the Protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor. NOTE * The Declaration of Independance was authored by @{"Thomas Jefferson" link "pics/t-jefferson.gif/main"0} between the dates of June 11th and June 28th, 1776. @ENDNODE @NODE 2. "Decisions" NOTE * This section has not been emplimented yet. @ENDNODE @NODE 3. "Book" @{" Preamble " Link 3.1.} @{" Article 1 " Link 3.2.} @{" Article 2 " Link 3.3.} @{" Article 3 " Link 3.4.} @{" Article 4 " Link 3.5.} @{" Article 5 " Link 3.6.} @{" Article 6 " Link 3.7.} @{" Article 7 " Link 3.8.} @{" The Amendments " Link 3.9.} @ENDNODE @NODE 3.1. "Preamble" @{" Perfect union " Link 3.1.1.} @{" Establish justice " Link 3.1.2.} @{" Domestic tranquility " Link 3.1.3.} @{" Common defense " Link 3.1.4.} @{" General welfare " Link 3.1.5.} @{" Liberty " Link 3.1.6.} @ENDNODE @NODE 3.1.1. "Perfect union" To form a more perfect union Our country won it's independance from Great Britain in the year 1781. For eight years after that, this country was governed under a constitution called the Articles of confederation. But there were faults in the articles. The United States of America, in spite of it's name, was far from being a "perfect Union". It was instead, as the articles said, a "league of friendship" among the states. In time, some of the states became less friendly toward one another. Soon they began to quarrel seriously. Instead of pulling together as a team, the states were pulling in different directions. There was a danger that the states might break away and become small separate countries. The nation's leaders feared that our new country might fail. For this reason they called a cenvention of citizens from the various states to meet and study these problems. This group of citizens, now called the Constitutional Convention, began it's meetings in May of 1787 at @{"Independance Hall" link "pics/hall.gif/main"0} in Philadelphia. All the men were leaders in their states. Among them were such famous citizens as George Washington, Benjamin Franklin, and James Madison. --- See @{"Signitures" Link 0.7.}. For a while the delegates to the Convention tried to patch up the Articles of Confederation and make them work. But they soon decided to make an entirely new plan of government in order to form "a more perfect Union." On September 17, 1787, they put their plan into final form and signed it. They had written the Constitution of the United States of America--the plan for our government. @ENDNODE @NODE 3.1.2. "Establish justice" To establish justice Our Constitution tells us how our laws are to be passed and how our courts are to be run so that every citizen will get the same fair treatment from the government. Laws and punishments are the same for everyone. When the Constitution was written, there were injustices in the world that would seem strange to us today. In some countries, for example, nobles were tried in their own special courts under special laws. Kings sometimes ordered people to be executed without a trial. As you will see, the men who wrote our constitution took care that injustices like these should not be allowed in the United States. But more than that, these farsighted men gave us a system of laws and courts that protect us from newer kinds of injustice. In some countries today, governments give people unfair trials in order to rob them of their property, to sentance them to slave labor camps, or even to execute them. But "We the People of the United States" have ordered the there shall be no unfair trials or unfair punishments in this country. Every American citizen enjoys "equal justice under law." @ENDNODE @NODE 3.1.3. "Domestic tranquility" To insure domestic tranquility Before the Constitution was adopted, the United States government had little power to help keep the country peaceful and orderly. After the War for Independance, times were hard. Here and there, some people rebelled against their state governments, and the national government lacked power to help the states. Nor did the government have power to settle disputes between the states, even when these disputes threatened to turn into real warfare. The Constitution settled such problems as these and has protected our "domestic tranquility" ever since. People now can live without fear of violence. When disagreements arise between states, the states let the national government settle their disagreements justly. If a rebellion should occur, the government has the power to step in and enforce the laws of the country and protect the lives and property of the people. @ENDNODE @NODE 3.1.4. "Common defense" The common defense Our government must do more than keep things peacful at home. It must also be strong enough to keep enemy nations from conquering this land and taking away our property and lives. There are several clauses in the Constitution that allow our government to take care of the country's changing needs for an army and navy to protect us against a foreign attack. The United States loves peace and works within the United Nations and in many other ways to keep the peace in the world. But we have the strength to fight hard against our enimies, whether they threaten all the states or only one of them. This is called "the common defence." @ENDNODE @NODE 3.1.5. "General welfare" The general welfare This phrase states one of the most important ideals of the American people. When we speak of a person's welfare we mean his health, happiness, and prosperity. "The general welfare" means the health, happiness, and prosperity of everyone. When neighbors help neighbors, they are promoting the general welfare. The makers of the Constitution planned for the government also to promote the general welfare. But they ordered the government to do things that would benifit everyone, and not to help any one person or group of persons at the expense of all the rest--as many foreign governments had done and some still do. @ENDNODE @NODE 3.1.6. "Liberty" To secure the blessings of liberty In 1787, the English colonies in America had already won their liberty and had been states for several years. But Washington, Franklin, Madison, and the others at the Constitutional Convention wished to preserve this liberty so that their posterity might have liberty too. The Constitution they wrote helps to preserve two kinds of liberty for all of us. First is the liberty of the country, protected against control by foreign countries. Second is the liberty of Americans, guarded from being ruled over unjustly by other Americans who might try to seize the government. This liberty we enjoy does not make any of us free to do whatever he wants to do whenever he wants to do it. Our liberty does not give us the right to take away the lives and property of others. If that were allowed, one man's liberty would mean another man's loss of liberty. Like justice, liberty must be equal for everybody. @ENDNODE @NODE 3.2. "Article 1" "The Legislative branch" @{" Congress " Link 3.2.1.} @{" House " Link 3.2.2.} @{" Senate " Link 3.2.3.} @{" Elections " Link 3.2.4.} @{" Quorum " Link 3.2.5.} @{" Journal " Link 3.2.6.} @{" Compensation " Link 3.2.7.} @{" Civil office " Link 3.2.8.} @{" Revenue " Link 3.2.9.} @{" Objections " Link 3.2.10.} @{" Taxes " Link 3.2.11.} @{" Borrow " Link 3.2.12.} @{" Regulate Commerce " Link 3.2.13.} @{" Uniform rule " Link 3.2.14.} @{" Coin money " Link 3.2.15.} @{" Counterfeiting " Link 3.2.16.} @{" Post offices " Link 3.2.17.} @{" Progress " Link 3.2.18.} @{" Tribunals " Link 3.2.19.} @{" Piracies and felonies " Link 3.2.20.} @{" Declare war " Link 3.2.21.} @{" Support armies " Link 3.2.22.} @{" Navy " Link 3.2.23.} @{" Militia " Link 3.2.24.} @{" District " Link 3.2.25.} @{" The elastic clause " Link 3.2.26.} @{" Importation " Link 3.2.35.} @{" Habeas Corpus " Link 3.2.36.} @{" Bill of attainder " Link 3.2.37.} @{" Capitation " Link 3.2.38.} @{" Duty " Link 3.2.39.} @{" Preference " Link 3.2.40.} @{" Appropriations " Link 3.2.41.} @{" Title of nobility " Link 3.2.42.} @{" Treaty " Link 3.2.43.} @{" Imposts " Link 3.2.44.} @{" Duty of tonnage " Link 3.2.45.} @ENDNODE @NODE 3.2.1. "Congress" ARTICLE I SECTION ONE Article one, section one, of the Constitution sets up the legislative, or lawmaking, branch of the United States government. This branch is called "the Congress". The legislative branch is one of the three branches which the planners of the Constitution created to make sure that there would be a seperation of powers in our government. The legislative branch is the only branch of government with the power to make United States laws. The other two branches may only suggest laws to Congress. But even Congress is allowed to make only those kinds of laws which the Constitution says Congress may make. The legislative branch is made up of the @{"House" Link 3.2.2.} of Representatives and the @{"Senate" Link 3.2.3.}. The Congress meets in the @{"Capital building" link "pics/capital.gif/main"0} in Washington D.C.. @ENDNODE @NODE 3.2.2. "House" ARTICLE I SECTION TWO Clause one In this country, which has a representative government, deciding who shall be permitted to vote in the various elections is important. The makers of the Constitution could not agree on who should be allowed to vote for members of the House of Representatives. They settled the argument by letting each state make its own rules for electing Representatives. But the Constitution did order that anyone should be allowed to vote for a representative if he was allowed in his own state to vote for members of "the most numerous branch of the state Legislature." In most states, the branch of the Legislature with more members was also the branch elected by more of the people. This Clause also ordered that Representatives must be elected every two years. Clause two This orders that no one that is not an inhabitant of the state from which he is elected for the House of Representatives, or has not atained the age of 25, or is not an citizen of the United States for atleast 7 years, shall be allowed to become a Representative. Clause three This clause orders that a Census must be taken every ten years, and the results of that census will determine how many Representatives each state will be allowed to send to Congress. Clause four This orders any state Governer to order a special election to replace a Representative if that Representative should die or resign from office. Clause five Sets up the leader of the House of Representatives, called "The Speaker of the House". He is third in line for the office of the President in case of the death of the President and Vice-President. The words "sole power of impeachment" in this clause mean that only the House of Representatives has the right to accuse a public official of the United States of some important crimes or misdemeanors. Click @{"here" link "pics/house.gif/main"0} for a picture on the house chamber. @ENDNODE @NODE 3.2.3. "Senate" ARTICLE I SECTION THREE Clause one This clause is a part of the "great Compromise". The states with small populations were afraid that the states with large populations might control Congress and pass laws that the smaller states did not like. But this clause removed their fears. Every state, no matter how small, would have two Senators to guard it's interests. Senators from the small states could vote together to defeat any unfair bill passed by the House, in which the large states had more members. Clause two The six-year terms of one-third of the Senators end every two years. Then new Senators must be elected to take their places. Two-thirds of the members of the Senate, however, are "carried over". Thus, the Senate is sometimes called "the house that never dies." Clause three This clause makes sure that all Senators are: 1- At least thirty years old. 2- A citizen of the United States for at least nine years. 3- A resident of the state in which he is elected. Clause four The only duty assigned to the Vice-President by the Constitution is to be the president of the Senate. this duty is important. When there is a tie vote in the Senate, the Vice-President can vote and break the tie. As president of the Senate, he learns about new bills and laws, appointments of important officials, and treaties with other nations. He needs to understand these things in case he should suddenly become President of the United States. Clause five The Senate elects all its officers except its president, who is the Vice-President of the United States. If the Vice-President is absent or has become the President of the United States, the president pro tempore (or "pro tem") of the Senate serves in his place. Clause six When a government offical is accused of a crime, the House of Representatives charges him with that crime by voting to impeach him. The Senate alone is allowed to decide whether he is innocent or guilty. If the President of the United States is to be tried, the Chief Justice of the United States, not the Vice-President, presides over the Senate. The Constitution orders that the accused person shall be considered innocent unless two-thirds of the Senators present agree that he is guilty. Clause seven This clause gives rules for punishing an impeached official if he is found guilty. The Senate can punish him only by taking his position away and forbidding him ever to hold any other position in the federal government. If the Senate could punish him more severely, he would be losing his right to a jury trial. After his trial by the Senate, the official may still be tried in a regular court and be given the usual punishments for his crimes. Click @{"here" link "pics/senate.gif/main"0} for a picture of the Senate chamber. @ENDNODE @NODE 3.2.4. "Elections" ARTICLE I SECTION FOUR Clause one All states except one hold Congressional elections on the Tuesday after the first Monday in November of even-numbered years. Maine holds its elections in September. The Constitution leaves nearly all election regulations to the states. However, it allows Congress to pass certain laws to safeguard the honesty and fairness of national elections. One law requires that secret ballots be used. Another law limits the amount of money that candidates for the Senate and the House may spend during campaigns for election. Clause two The kings of European countries sometimes kept their legislatures from holding regular meetings. This clause make sure that Congress shall not be kept from meeting regularly and will not neglect its duties. @{"Amendment XX" Link 0.8.20.}, Section two, orders that the new Congress shall meet on January 3 of each odd-numbered year following the regular november elections. This is called the first session of that particular Congress. Congress meets again for a second session on January 3 of each even-numbered year. also, the President has power to call Congress into special session if neccessary. A session lasts as long as there is work to be done. @ENDNODE @NODE 3.2.5. "Quorum" ARTICLE I SECTION FIVE Clause one Sometimes persons have been elected to Congress in dishonest ways, or have failed to meet the requirements ordered by the Constitution. That is why this Clause gives each house of Congress the right to decide by a vote of the majority whether to keep any person from becoming a member of that house. The same clause also says that each house can do business whenever it has a "quorum". That is, when more than half its members are present. But, in practice, each house often carries on business even though fewer than half its members are present. This can be done provided that none of the members present objects to the lack of a quorum. @ENDNODE @NODE 3.2.6. "Journal" ARTICLE I SECTION FIVE Clause three Clause 3 directs Congress to keep a journal, or daily record, of its work. It does this by three official publications. the Senate has the "Senate Journal"; the House has the "House Journal". Both are published at the end of each session of Congress. Congress as a whole has "The Congressional Record". For many years it has been published every day that Congress has been in session. "The Congressional Record" helps Congressmen to keep track of their work and gives the people a chance to study the actions of their Congressmen. @ENDNODE @NODE 3.2.7. "Compensation" ARTICLE I SECTION SIX Clause one The Constitution gives members of Congress salaries, expenses, and other compensations; freedom from arrest for ordinary reasons while doing their work; and freedom from arrest for anything they may say in Congress. This gives the people a fearless expression of thoughts of those in Congress. The Congressmen might not risk speaking freely if they could be arrested or sued for what they say in Congress. @ENDNODE @NODE 3.2.8. "Civil office" ARTICLE I SECTION SIX Clause two This orders that no member of Congress, during his elected term, can take any United States government job which was either created or given a higher salary during his term in Congress; and anybody working in a United States government job must give up that job before becoming a member of Congress. This gives the people protection from members of Congress who might try to make highly paid government jobs for themselfs; and it insures that Congress does not gain too much power over the other branches of the government. @ENDNODE @NODE 3.2.9. "Revenue" ARTICLE I SECTION SEVEN Clause one This clause orders that all bills for raising money by taxes must orginate in the House of Representatives. The voters have more control over the representatives with two-year terms than the Senators with six-year terms. @ENDNODE @NODE 3.2.10. "Objections" ARTICLE I SECTION SEVEN Clauses two and three Most bills are passed if a majority in each house of Congress votes for them. The Constitution names some exceptions, including vetoed bills, for which more than a majority is needed. These two clauses give the President the right to approve or veto all bills, and the Congress the task of persuading two-thirds of its members to vote for any bill that has been vetoed by the President. This gives the people protection from hasty and unwise actions by either the Congress or the President. NOTE * "Veto" is a Latin word meaning "I forbid" @ENDNODE @NODE 3.2.11. "Taxes" ARTICLE I SECTION EIGHT Clause one This clause gives Congress the general power to collect taxes. Congress raises money by two kinds of taxes--direct taxes and indirect taxes. Direct taxes are explained in the Constitution, @{"Article I" Link 0.1.}, Section 2, Clause 3. The indirect taxes which Congress may collect include taxes on goods from foreign countries. These are called duties or imposts. Another indirect tax is the excise tax. This is a tax on the manufacture and sale of many articles within the country, on certain business transactions, and so on. An indirect tax, unlike a direct tax, may be passed along from one person to another. A manufacturer pays the government a tax on an article, but includes that tax in the price he charges the wholesaler. The wholesaler includes that tax in the price he charges the retailer. Finally you, the consumer, pay the tax as part of the price of the article. Indirect taxes must be the same throughout the country. A federal tax on cars, for example, shall be the same in San Francisco as it is in New York and Kansas City. @ENDNODE @NODE 3.2.12. "Borrow" ARTICLE I SECTION EIGHT Clause two This clause gives power to Congress to borrow money needed to carry on the work of government. And gives the people the services and protection of the government, and interest on money you lend to the government. @ENDNODE @NODE 3.2.13. "Regulate Commerce" ARTICLE I SECTION EIGHT Clause three The first part of this clause gives Congress complete power over trade between the United States and foreign countries. Using this authority, Congress has passed laws applying to goods entering or leaving the country, ships and other means of transportation and communications, and foreign people who may come to the United States. Under this broad power, all our laws which apply to foreign trade are made by the federal government. This keeps the states from getting us into trouble by having different laws of their own. Also, states with important seaports are kept from taxing the trade of other states. @ENDNODE @NODE 3.2.14. "Uniform rule" ARTICLE I SECTION EIGHT Clause four This clause gives Congress the power to decide which foreign born persons may become citizens of the United States, and how they may do so. It also gives Congress the power to pass laws which protect both an individual who owes more money that he can pay and those to whom he owes it. This gives the people a single set of laws for the whole country which protect you from losing all that you own if you should fall into serious debt. And guarantees you your fair share of the property of someone who owes debts to you and to other persons. @ENDNODE @NODE 3.2.15. "Coin money" ARTICLE I SECTION EIGHT Clause five This gives Congress permission to turn out money and to decide how much that money is worth. And, the power to set up a single system of wights and measures. The people get money that has the same appearance and value throughout the country, and uniform weights and measures. @ENDNODE @NODE 3.2.16. "Counterfeiting" ARTICLE I SECTION EIGHT Clause six This gives Congress the power to punish people who make or use counterfeit or false government bonds. This gives the people the protection of the value of your money and bonds. @ENDNODE @NODE 3.2.17. "Post offices" ARTICLE I SECTION EIGHT Clause seven Gives Congress the authority to set up a postal system and to help in developing the land, water, and air routes over which the mail is hauled. This gives the people uniform postage rates; national distribution of mail at low cost; and better systems of transportation and communication. @ENDNODE @NODE 3.2.18. "Progress" ARTICLE I SECTION EIGHT Clause eight Gives Congress the power to pass laws that allow inventors, authors, and artists, for a limited number of years, to keep anyone else from making or selling their work without their permission. This gives the people a chance to use and enjoy the many things created by American inventers, authors, and artists; and the right to enjoy the money and fame that may come from anything you invent or create. @ENDNODE @NODE 3.2.19. "Tribunals" ARTICLE I SECTION EIGHT Clause nine Gives authority to Congress to set up federal courts which are lower than the Supreme Court. This give us a system of federal courts that can be changed as needed to fit the changes in the country and its people. @ENDNODE @NODE 3.2.20. "Piracies and felonies" ARTICLE I SECTION EIGHT Clause ten This clause gives Congress the power to maintain law and order outside the boundaries of the United States when United States citizens are concerned. We get protection and control of citizens and ships of the United States when they are out of the country, and protection against quarrels between the United States and other nations resulting from the wrong actions of United States citizens. @ENDNODE @NODE 3.2.21. "Declare war" ARTICLE I SECTION EIGHT Clause eleven Gives power to Congress to declare war and to set up rules for capturing the property of enemy countries or neutral countries which help the enemy. This assures that "ONLY" Congress may declare war on another country. @ENDNODE @NODE 3.2.22. "Support armies" ARTICLE I SECTION EIGHT Clause twelve This clause gives Congress the power to raise and pay for armed forces. It also prohibits them from appropriating money for longer than two years for the military so that the Congress would never lose control of the armed forces. @ENDNODE @NODE 3.2.23. "Navy" ARTICLE I SECTION EIGHT Clause thirteen Related to clause twelve of @{"Article 1" Link 3.2.}, section eight, this grants the power to set up and support a navy to Congress. @ENDNODE @NODE 3.2.24. "Militia" ARTICLE I SECTION EIGHT Clauses fourteen, fifteen, and sixteeen The organized militia, or armies of the states, are known as the National Guard. The federal government now pays most of the expenses for training and equipping them. It can take them into the United States Army in time of war, or can use them at other times to keep law and order. These three clauses give Congress the power to keep the National Guard trained and equipped for emergencies. This gives us a group of citizens with military training who can be added to the regular Army if needed. It also ensures the people a balance of control over the military in general, since the militia is made up of everyday citizens such as yourself. @ENDNODE @NODE 3.2.25. "District" ARTICLE I SECTION EIGHT Clause seventeen The district spoken of in the first part of this clause is the District of Columbia. In this district is the city of Washington, headquarters of the national government. The District of Columbia is governed by Congress. Its business is run by a board of three commissioners. They are chosen by the President with the consent of the Senate. The United States government is the greatest property owner in the nation. It owns parks, forests, military posts, courthouses, post offices, and many other properties throughout the country. This clause gives Congress permission to buy and control whatever property the national government needs to carry out its duties. This gives us the use of parks, post offices, and other properties and services owned and operated by your government. @ENDNODE @NODE 3.2.26. "The elastic clause" ARTICLE I SECTION EIGHT Clause eighteen This is the famous "neccessary and proper clause." It is sometimes called the "elastic clause" because it lets Congress stretch its powers to take care of the changing needs of the nation. This clause makes it clear that Congress can use various means to carry out the powers given to it by the Constitution. The Supreme Court, of course, has the power to decide whether any action which Congress considers "neccessary and proper" is constitutional. This assures that the government, even when faced with changing conditions, can always do its work as ordered by the Constitution. @ENDNODE @NODE 3.2.35. "Importation" ARTICLE I SECTION NINE Clause one This clause referred to the slave trade. It was a restriction, until the year 1808, on the power of Congress to regulate foreign trade. @ENDNODE @NODE 3.2.36. "Habeas Corpus" ARTICLE I SECTION NINE Clause two This clause orders that the people of the United States shall be protected by the right of "Habeas Corpus". By using his right of habeas corpus, a person who has been arrested can force the jailer to take him to a judge. If it can be proved that there is good reason for holding him, he must be charged with a crime. If not, he must be set free. NOTE * The words "habeas corpus" mean literally "you may have the body." They are the begining of a Latin sentence which means that the prisoner must be brought before the court. @ENDNODE @NODE 3.2.37. "Bill of attainder" ARTICLE I SECTION NINE Clause three A bill of attainder is a law passed by a legislature to punish a person without letting him have a regular trial in court. It is another way in which an unjust government sometimes punishes a person who disagrees with it. "Ex post facto" is a Latin phrase meaning "after the deed." An ex post facto law is one that punishes people for earlier actions of theirs that were not crimes before the law was passed. Under this clause, if a law is passed today, it may not be used to punish a person for something they did yesterday. This clause denies Congress the power: to punish a person without a regular trial in court; to declare any act a crime that was not a crime at the time the act was comitted. @ENDNODE @NODE 3.2.38. "Capitation" ARTICLE I SECTION NINE Clause four Clause 3 of section 2 in @{"Article I" Link 0.1.}, stated that direct taxes must be devided among the states according to their populations. The meaning of that clause is made clearer by clause 4 of section 9 article 1. Clause 4 says that Congress can levy a direct tax only in proportion to the numbers of people within the different states. A capitation tax is a direct tax which collects money from every person. This clause directs that any national capitation tax must be the same for persons in every state. @ENDNODE @NODE 3.2.39. "Duty" ARTICLE I SECTION NINE Clause five This denies Congress the power to tax goods being shipped out of the country. @ENDNODE @NODE 3.2.40. "Preference" ARTICLE I SECTION NINE Clause six Denies Congress any right to give the shipping of one state an advantage over the shipping of another state. This gives equal opportunity for the commerce of all parts of the country. @ENDNODE @NODE 3.2.41. "Appropriations" ARTICLE I SECTION NINE Clause seven This makes it clear that nobody may spend money from the U.S. treasury unless a law says that such spending is a proper use of public money. @ENDNODE @NODE 3.2.42. "Title of nobility" ARTICLE I SECTION NINE Clause eight This one says that the United States government may not grant ANY title of nobility to anyone. I.E. King, Queen, Knighthood, Prince, or Lord. It also says that anyone working for the U.S. government in an office of profit or trust, may not accept any present, emolument, office, or title from any king, prince, or foreign state. @ENDNODE @NODE 3.2.43. "Treaty" ARTICLE I SECTION TEN Clause one This denies the states the right to make treaties, coin money, or use other powers which the Constitution gives to the federal government; or to do certain other things, including the punishment of a person without a trial in court. @ENDNODE @NODE 3.2.44. "Imposts" ARTICLE I SECTION TEN Clause two This clause keeps the states with busy harbors from making the people of other states pay taxes for the right to use those harbors for foreign commerce. But states may charge inspection fees, such as those for inspecting foods or other products shipped in from other states. @ENDNODE @NODE 3.2.45. "Duty of tonnage" ARTICLE I SECTION TEN Clause three "Duty of tonnage" is a tax that must be paid as a ship enters a port. The size of the tax depends on the number of tons of cargo the ship is carrying. The states may not collect such a tax unless Congress says they may. Agreements, or compacts, between states, made with the permission of Congress, are not uncommon. For example, New York and New Jersey agreed to set up the port of New York Authority. This authority built the George Washington bridge over the Hudson river and dug tunnels under it. Such agreements are useful in handling problems between states. @ENDNODE @NODE 3.3. "Article 2" "The Executive branch" @{" President " Link 3.3.1.} @{" Vice-President " Link 3.3.2.} @{" Electors " Link 3.3.3.} @{" Certificates " Link 3.3.4.} @{" Time of chusing " Link 3.3.5.} @{" A natural born citizen " Link 3.3.6.} @{" Inability to discharge " Link 3.3.7.} @{" Emolument " Link 3.3.8.} @{" Oath " Link 3.3.9.} @{" Commander in Chief " Link 3.3.10.} @{" Ambassadors " Link 3.3.11.} @{" State of the Union " Link 3.3.12.} @{" Impeachment " Link 3.3.13.} @ENDNODE @NODE 3.3.1. "President" ARTICLE II SECTION ONE Clause one This clause give all executive powers to the President of the United States of America. It also limits his, and the Vice-President's term to four years, at which time they must run for re-election. The President lives in the @{"White-House" link "pics/white-house.gif/main"0} during his term. @ENDNODE @NODE 3.3.2. "Vice-President" The Vice-President of the United States is first in line to succeed the President if he should die or otherwise become unable to execute his duties under the Constitution. The only power granted to the Vice-President by the Constitution is the duty of "President of the Senate". As the President of the Senate, his only duty is to vote to break a tie vote in that house. This is the only time that he is allowed to vote on any bill that is up for consideration in that house. <---See @{"Senate" Link 3.2.3.} Clause four. @ENDNODE @NODE 3.3.3. "Electors" ARTICLE II SECTION ONE Clause two Directs each state to choose a number of "electors" equal to the total number of Senators and Representatives from that state, for the purpose of electing the President of the United States. It also orders that no Senator or Representative from that state shall serve as an elector. These electors make up what is called the "Electoral College". @ENDNODE @NODE 3.3.4. "Certificates" ARTICLE II SECTION ONE Clause three According to the original plan in the Constitution, the votes from the Electorial College were to be counted in Congress and the person with the most votes was to be President. The person with the next most votes was to be @{"Vice-President" Link 3.3.2.}. But changes were soon made in this plan. @{"Amendment XII" Link 0.8.12.}, adopted in 1804, ruled that the electors must show which man they wanted for President and which for Vice-President. Early in the 1800's, our present system of political parties began. This system brought about a still more important change in the presidential elections. The change was never put into the Constitution, but came about as a result of custom. The writers of the Constitution intended that the Electoral College should give careful thought to choosing the best man in the country as President. But when the political parties became powerful, the leaders of each party in Congress decided who should be that party's candidate for President. Each party then got various groups of electors to promise to vote for its candidate. After 1830, political leaders from all parts of the country began meeting every four years in national party conventions. At its convention each party chose men to be its candidates for President and Vice-President. It also decided on the party's "platform"--that is, a statement of what its candidates would do if they were elected. That was how our present customs for presidential elections began. On the ballot, you actually vote for the electors belonging to your party; you do not vote for the candidates themselves. But this makes no real difference, since an elector never breaks his promise to vote for his party's candidates. @ENDNODE @NODE 3.3.5. "Time of chusing" ARTICLE II SECTION I Clause four Gives Congress the power to set up the day of choosing the Electors for the Electorial College, and which day they shall give their votes. @ENDNODE @NODE 3.3.6. "A natural born citizen" ARTICLE II SECTION I Clause five This says that the President must be: 1. A natural-born citizen of the United States. 2. Not less than 35 years of age. 3. A resident of the United States for at least fourteen years. @ENDNODE @NODE 3.3.7. "Inability to discharge" ARTICLE II SECTION I Clause six In 1886, Congress had passed a law which said that if both the President and the @{"Vice-President" Link 3.3.2.} died, the presidency should go to the Secretary of State and then to the other members of the President's Cabinet in a certain order. This would have ment that the presidency would go to a person apppointed by the President, not to a person elected by the people. In 1947, therfore, Congress changed the Law of Presidential Succession to read that the Vice-President should be followed by the Speaker of the House of Representatives and then by the president pro- tempore of the Senate. Both of these are elected officers of the government. If all four of the elected officers should die, not very likely, then the Cabinet officers would be in line for the presidency. @ENDNODE @NODE 3.3.8. "Emolument" ARTICLE II SECTION I Clause seven This provides the President with a salary for the duration of his term that cannot be increased or decreased while he is President. This gives us a President who is free to do what he thinks is right; neither Congress nor anybody else can try to control him by changing his salary during his term. Although the Constitution does not say it, the Vice-President is also provided a salary in the same manner as the President. @ENDNODE @NODE 3.3.9. "Oath" ARTICLE II SECTION I Clause eight A new President really becomes the President at the moment he takes the oath of office. By custom the oath is given on Inauguration Day by the chief Justice of the United States, in Washington D.C. @ENDNODE @NODE 3.3.10. "Commander in Chief" ARTICLE II SECTION II Clause one When the makers of the Constitution made the President commander in chief of the armed forces, they were thinking of several important points; 1. They ordered that the head of the armed forces should be elected by the people. 2. They prevented any military officer of the armed forces from seizing the government and making himself President. 3. They also prevented any President from becoming a dictator, since he can be head of the armed forces only as long as he is President--and a President can be impeached or voted out of office. 4. They placed in the hands of one man the great governmental and military powers that must be used together in time of war. In this clause, the words "principal officer in each of the executive departments" suggest that there will be various departments to help the President carry out his duties. The heads of these departments have come to be known as the President's Cabinet. @ENDNODE @NODE 3.3.11. "Ambassadors" ARTICLE II SECTION II Clause two A treaty is an agreement between two or more countries. Usually our State Department works out and writes the agreement. After the President has approved the treaty, he must send it to the Senate. There, at least two-thirds of the Senators must agree to the treaty before it becomes law. This rule keeps the President from making important agreements with other nations against the wishes of the elected representatives of the American people. But there are other kinds of foreign agreements, less important than treaties, which the President can make without the Senate's approval. In this clause, the Constitution makes separate rules for selecting two different kinds of officers: 1. Very important officers who are appointed by the President only after a majority of the Senate has approved them: 2. And inferior officers who can be chosen by the President, by his Cabinet officers, or by judges without asking the Senate to approve them. These so-called "inferior officers" are not neccessarily unimportant. If one of these important jobs becomes vacant while the Congress is not meeting, the President may choose a person for the job without waiting to get the Senate's permission. Such an appointment is known as an interim, or "for the interval," appointment. When Congress meets again, the Senate votes either for or against the person chosen by the President. @ENDNODE @NODE 3.3.12. "State of the Union" ARTICLE II SECTION III This section gives the President the duty of advising Congress about the nation's affairs; the right to call special sessions of Congress; the right to recieve, or not to recieve, the important officers sent to this country by foreign governments; the responsibility for making sure that the nation's laws are enforced; and the duty od signing all documents appointing officials to office. @ENDNODE @NODE 3.3.13. "Impeachment" ARTICLE II SECTION IV This section of the Constitution names some of the wrong acts for which the President and other government officials may be impeached. If these officials are found guilty, they must be removed from their jobs. It is treason for a citizen of the United States to make war against this country or to help the country's enemies. It is bribery to offer or accept money in return for special favors from the government. The "other high crimes and misdemeanors" are acts which are morally wrong or have been forbidden by laws. @ENDNODE @NODE 3.4. "Article 3" The Judicial branch @{" Supreme Court " Link 3.4.1.} @{" Judicial power " Link 3.4.2.} @{" Appellate jurisdiction " Link 3.4.3.} @{" Jury " Link 3.4.4.} @{" Treason " Link 3.4.5.} @{" Punishment of treason " Link 3.4.6.} @ENDNODE @NODE 3.4.1. "Supreme Court" ARTICLE III SECTION I The Supreme Court stands at the head of the third branch of the United States government. This is the judicial branch, which also includes other, lower federal courts. By holding trials and making decisions, these courts help to explain what the laws really mean. The judicial branch, and especially the Supreme Court, has the power to decide whether a federal, state, or local law is constitutional. This gives us the same treatment under federal law in all states; protection from unconstitutional laws; experienced federal judges in a judicial branch independant of Congress, the President, the voters, or any political party. The Supreme Court meets in the "Supreme @{"Court" link "pics/court.gif/main"0} Building" in Washington D.C.. @ENDNODE @NODE 3.4.2. "Judicial power" ARTICLE III SECTION II Clause one This clause names the kinds of cases which may be tried in federal courts. Most of these cases may be put into two general classes, as shown below: 1. Cases arising from any question involved under: The Constitution Federal laws Treaties Laws governing ships 2. Cases arising from the parties involved: Ambassadors, public ministers, consuls The United States government itself A state or its citizens versus foreign countries or citizens of foreign countries @ENDNODE @NODE 3.4.3. "Appellate jurisdiction" ARTICLE III SECTION II Clause two Certain cases, such as those concerning states or official representatives of foreign nations, are not tried in the lower federal courts. Instead they go at once to the Supreme Court. This is called the "original jurisdiction" of the Supreme Court. Most other federal cases begin and end in the district courts, of which there is at least one in every state. But the Supreme Court has the right to look over the records of all such cases and to change the decision of the lower courts. A case that has been tried in a local court, state court, or lower federal court may also be taken to the Supreme Court. This is called an "appeal of the case". The right of the Supreme Court to review decisions of other courts is called its "appellate jurisdiction". Since there are so many cases that are appealed that the Supreme Court could not possibly hear them all, many of them are handled by the United States Court of Appeal. @ENDNODE @NODE 3.4.4. "Jury" ARTICLE III SECTION II Clause three This clause orders that when you are accused of a crime, your guilt or innocence must be decided by a jury; and that you must be tried in the state where your crime is said to have been committed. This protects us from courts and judges who might imprison or fine you unjustly. The jury must decide the facts. All of the jurors must agree that you are guilty before you can be punished. NOTE * The provisions of this clause were expanded by; @{"Amendment V" Link 0.8.5.} @{"Amendment VI" Link 0.8.6.} and @{"Amendment VII" Link 0.8.7.} @ENDNODE @NODE 3.4.5. "Treason" ARTICLE III SECTION III Clause one In earlier times, some people in England who had displeased the King were convicted of treason and sometimes were executed. To prevent the United States government from treating its own citizens so unjustly, the Constitution says what it means by "treason" and how a person may be convicted of it. This clause gives a definition of treason; orders protecting you from punishment for treason unless you confess in open court or unless there are at least two witnesses against you. @ENDNODE @NODE 3.4.6. "Punishment of treason" ARTICLE III SECTION III Clause two This clause simply states that Congress has the power to set the punishment for treason, but cannot punish the traitors relatives. NOTE * As of 1952, the punishment for treason was either; Not less than fives years in prison and a $10,000 fine, or death. @ENDNODE @NODE 3.5. "Article 4" The states and the federal government @{" Full faith and credit " Link 3.5.1.} @{" Privileges " Link 3.5.2.} @{" Delivered up " Link 3.5.3.} @{" Held to service or labour " Link 3.5.4.} @{" New states " Link 3.5.5.} @{" Needful rules " Link 3.5.6.} @{" Republican form of government " Link 3.5.7.} @ENDNODE @NODE 3.5.1. "Full faith and credit" ARTICLE IV SECTION I This section makes sure that all of the laws, records, and court decisions of one state, are honored by the other states. There would be no end to the mixups if your birth certificate, drivers license, or court decisions for or against you were not valid in the other states. @ENDNODE @NODE 3.5.2. "Privileges" ARTICLE IV SECTION II Clause one This clause means that you may go freely from one state to another and be treated like everyone else. You may buy and sell property, get married, and pay taxes under the same rules as all the other people of the state. There are only a few special rights, such as the right to vote in the new state, that you may not have until you become a citizen of that state. @ENDNODE @NODE 3.5.3. "Delivered up" ARTICLE IV SECTION II Clause two This clause keeps criminals from escaping punishment by running away to another state. It gives orders that criminals must be sent back to the states where their crimes were committed. This is called "extradition". The word "shall" in this clause has come to mean "may". In other words, a Governer cannot be forced to turn over a criminal if he sees good reason not to. In practice however, a person is nearly always sent back to the state where the crime was committed. @ENDNODE @NODE 3.5.4. "Held to service or labour" ARTICLE IV SECTION II Clause three This clause refered to runnaway slaves. It was made meaningless by @{"Amendment XIII" Link 0.8.13.}. @ENDNODE @NODE 3.5.5. "New states" ARTICLE IV SECTION III Clause one This give Congress the power to add to the Union all the states except the original thirteen. It also gives rules for forming new states from the present ones. @ENDNODE @NODE 3.5.6. "Needful rules" ARTICLE IV SECTION III Clause two This clause gives Congress the power to govern new territories added to the nation. Congress used this power in governing the Louisiana Purchase, and other territories. Such government ended when the people living in those territories formed states which were added to the Union. This clause also give Congress the right to set aside and care for national parks and forests, to improve public lands, to build hydroelectric projects like the Hoover dam, and in other ways to manage public property for the use of all the people. @ENDNODE @NODE 3.5.7. "Republican form of government" ARTICLE IV SECTION IV This orders the United States government to guarantee the states: 1. A "Republican form of government". 2. Protection against invasion. 3. Protection, when needed, against riots or other disturbances within the state. The Constitution does not say what a "Republican form of government" is, but most people agree that in such a government these things are true: 1. The people alone have the power to make and run the government. 2. The elected representatives of the people make the laws. 3. The powers of the government are explained and limited by a written constitution. @ENDNODE @NODE 3.6. "Article 5" The making of Amendments @{" Amendments to this Constitution " Link 3.6.1.} @ENDNODE @NODE 3.6.1. "Amendments to this Constitution" ARTICLE V The men who wrote the Constitution knew that, as the nation grew, future citizens would have very different problems than they faced. That is why they wrote Article 5. Because of this article, changes in the Constitution can be made when neccessary. There are two main steps that must be taken to amend the Constitution. These are, first, the proposal of the amendment and, second, approval by the states. Amendments may be proposed in two ways: 1. By a two-thirds vote in both the Senate and the House. 2. In a national convention called by Congress when asked to do so by the legislatures of two-thirds of the states. Approval by the states of an amendment, called ratification, may also be obtained in two ways: 1. By the legislatures of the states. 2. By special conventions called in the states. Congress decides which method of ratification shall be used. If three-fourths of the states approve the amendment, by either method, it becomes a part of the Constitution. Article five concludes "that no state, without its consent, shall be deprived of its equal suffrage in the Senate". This means that every state shall always be allowed to have two Senators in Congress. Unless the state gives its permission, no amendment can ever be made that would take away its right to two Senators. @ENDNODE @NODE 3.7. "Article 6" The supremacy of the Constitution @{" All debts contracted " Link 3.7.1.} @{" This Constitution " Link 3.7.2.} @{" Bound by Oath " Link 3.7.3.} @ENDNODE @NODE 3.7.1. "All debts contracted" ARTICLE VI Clause one In other countries, new governments had sometimes refused to pay back money borrowed by old governments. This clause said that our new government intended to pay back money borrowed by the earlier government under the Articles of Confederation. When the new government began, it owed more than $50.000.000, but the bonds for this debt were actually worth only about one-fourth as much. Alexander Hamilton, first Secretary of the Treasury, got Congress to agree not only to pay off this debt at its full value, but also to pay back the money borrowed by the states during the War for Independance. @ENDNODE @NODE 3.7.2. "This Constitution" ARTICLE VI Caluse two The Constitution speaks of only two kinds of gevernment--federal and state--to which the people have given certain powers. State governments, however, have given up part of their powers to local governments--in counties, towns, and cities. Thus, in practice, we have three levels of gevernment, each with certain powers. When the powers of government are split up like this, local laws sometimes disagree with state laws, and state laws with federal laws. Then there has to be some way of deciding which group of laws should be obeyed. Clause 2 of Article 6 directs that the Constitution, the treaties, and the laws of the United States shall be obeyed instead of state and local laws, when ever the laws disagree. @ENDNODE @NODE 3.7.3. "Bound by Oath" ARTICLE VI Clause three This clause was written to make very sure that all federal and state officials would know it was their duty to support and guard the Constitution. Without the Constitution to protect us, we, the citizens, might soon lose many or all of our rights and liberties. The men who wrote the Constitution believed that religion and government should be kept seperate. The last words of this clause, therfore, rule that nobody shall be kept from becomming an official of the federal government because of his religion. @ENDNODE @NODE 3.8. "Article 7" The ratification of this Constitution @{" The ratification " Link 3.8.1.} @ENDNODE @NODE 3.8.1. "The ratification" ARTICLE VII After the Constitutional Convention, the Constitution was sent to Congress. In the debate which followed, @{"John Adams" link "pics/john-adams.gif/main"0} said, "Our people must be consulted, invited to erect the whole building with their own hands, upon the broadest foundations." Adams wanted to be sure that the nations government would be built to suit the wishes of the people. In September 1787, Congress sent copies of the Constitution to the thirteen states for ratification. Within a year, eleven states ratified the famous document, making it the supreme law of the land. George Washington became the first President in 1789. Before the summer of 1790, all thirteen states had ratified the Constitution. As members of a strong union, they had promised to build a new government for all the nations citizens. But there were many people who feared the new government and said that the Constitution should have more rules protecting the citizens. The first Congress, therfore, proposed twelve amendments to the states for ratification. Ten of these, called the Bill of Rights, were ratified in 1791. All states have included sililar bills of rights in their own constitutions. It should be noted here that out of the original twelve amendments that the first Congress proposed, only ten were ratified in 1791, one was ratified in 1992 as the 27th amendment, and the other one has never been ratified to date. @ENDNODE @NODE 3.9. "The Amendments" @{" Establishment of religion " Link 3.9.1.} @{" To keep and bear arms " Link 3.9.2.} @{" Quartered " Link 3.9.3.} @{" Unreasonable searches " Link 3.9.4.} @{" Held to answer " Link 3.9.5.} @{" Public trial " Link 3.9.6.} @{" Common law " Link 3.9.7.} @{" Excessive bail " Link 3.9.8.} @{" The enumeration " Link 3.9.9.} @{" The powers not delegated " Link 3.9.10.} @{" The judicial power " Link 3.9.11.} @{" The electors shall meet " Link 3.9.12.} @{" Neither slavery " Link 3.9.13.} @{" All persons born " Link 3.9.14.} @{" Respective numbers " Link 3.9.15.} @{" No person shall " Link 3.9.16.} @{" The validity of " Link 3.9.17.} @{" The right of " Link 3.9.18.} @{" Taxes on incomes " Link 3.9.19.} @{" Shall be composed " Link 3.9.20.} @{" Intoxicating liquors " Link 3.9.21.} @{" On account of sex " Link 3.9.22.} @{" The terms of " Link 3.9.23.} @{" Transportation or importation " Link 3.9.24.} @{" More than twice " Link 3.9.25.} @ENDNODE @NODE 3.9.1. "Establishment of religion" Amendment I Adopted in 1791 This amendment has these four important safeguards for the American people: 1. Congress must not set up any religion for the nation. It must not keep you from practicing whatever religion you prefer. 2. Congress cannot stop you from saying, writing, or printing almost anything you like. 3. Congress cannot keep you from meeting peaceably with other people to talk about anything you like. 4. Congress cannot keep you from asking your government to correct something that you think is wrong. @ENDNODE @NODE 3.9.2. "To keep and bear arms" Amendment II Adopted in 1791 This Amendment was written to deny the federal government the power to interfere with your right to own and bear arms for lawful purposes. There was a fear that a strong national army might try to take over the government by force and do away with the peoples rights. If such a thing were to happen, this amendment makes sure that there will be a strong, well armed militia of the people to insure that it does not succeed. @ENDNODE @NODE 3.9.3. "Quartered" Amendment III Adopted in 1791 Before the Revolution, the British government often made the American colonists take soldiers into their homes and give them food and a place to sleep. The people bitterly resented this, and made up their minds that the new government should never have this right, even in time of war, except according to law. @ENDNODE @NODE 3.9.4. "Unreasonable searches" Amendment IV Adopted in 1791 This amendment denies the right to any federal, state, or local officer to arrest you or search your home or other property unless he has a warrent to do so. @ENDNODE @NODE 3.9.5. "Held to answer" Amendment V Adopted in 1791 The first half of this amendment means this: The federal government cannot bring you to trial for a serious crime until a grand jury has decided that a crime has really been committed, and that you probably committed it. NOTE * Capitol crimes are those which may be punished by death. Infamous crimes are those which may be punished by more than one year in prison. The rest of this amendment names certain other things that the federal government cannot do: 1. If you have been tried and found not guilty, the government cannot try you again for the same crime. 2. When you are being tried for a crime, the government cannot force you to say anything to injure yourself. 3. The government cannot execute or imprison you, or take away your property, except according to fair methods under the law. 4. If the government needs your property for some good reason, it must pay you a fair price for this property. @ENDNODE @NODE 3.9.6. "Public trial" Amendment VI Adopted in 1791 This amendment describes certain rights which the federal government must give you if you are arrested on a criminal charge. You must have: 1. A public trial as soon as possible after being arrested. 2. A jury of fair-minded citizens (usually twelve) who live near the place where you are supposed to have committed the crime. 3. Information telling you just what you are supposed to have done, so that you can prepare your defense. 4. A chance to see, hear, and answer the witnesses who speak against you. 5. The help of the government, if neccessary, in bringing to court witnesses who can help you. 6. A lawyer to defend you, paid for by the government if you are unable to pay him. @ENDNODE @NODE 3.9.7. "Common law" Amendment VII Adopted in 1791 This amendment refers to cases usually called "civil suits". Such cases deal with disagreements about persons' rights and duties toward one another. When a civil case is tried in a federal court, the persons in the case may have a jury trial. But no jury is needed if the persons agree to do without one or if the money in the case is $20 or less. When a case has been taken from a lower to a higher court, the judge or judges of the higher court may change the decision of the jury in the lower court only if: 1. The exact meaning of the law was not understood correctly in the lower court. 2. Or if the jury made its decision without hearing enough proofs of the facts. @ENDNODE @NODE 3.9.8. "Excessive bail" AMENDMENT VIII Adopted in 1791 After a person has been arrested, he is usually allowed to leave the jail until his trial. But before he leaves, he or someone else has to hand over money or other property to the court. This is called "bail". The bail is given back when the accused person comes to court to be tried. This amendment rules that federal judges must not ask for unfair amounts of bail. It also rules that people convicted of crime shall not be tortured, nor be fined or imprisoned more than is fair. @ENDNODE @NODE 3.9.9. "The enumeration" AMENDMENT IX Adopted in 1791 The first eight amendments listed certain rights belonging to the people. Those rights were so clearly described that the federal government could make no mistake about them. It was not possible, however, to list all the rights which the people wanted to keep for themselfs. Amendment nine was added so that the federal government would not try to take away people's rights simply because those rights were not named in the Constitution. Basicly, this amendment denies the federal government any control over rights not listed in the Constitution. @ENDNODE @NODE 3.9.10. "The powers not delegated" AMENDMENT X Adopted in 1791 "Powers not delegated...are reserved...to the people." Those words are of great importance. They were put into the Constitution because many leading Americans believed that "ALL" political power has always belonged to the people. As @{"John Adams" link "pics/john-adams.gif/main"0} once said, "You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe." Or, to say it in simpler words: "The people have rights that come before the rights of the government. The people's rights come from God and cannot be taken away by human laws." Each state had its own constitution which gave certain powers to the state government and kept other powers for the people. Under the Articles of Confederation, the states had given a few of their powers to the national government. But in the Constitution of the United States, the people were assigning powers directly to the national government. Amendment 10 was added to the Constitution because many people feared that the new national government might try to use powers it had not been given. This amendment makes it clear that the federal government was to have only those powers given to it by the Constitution. Certain powers were to be kept by the states. All other powers were to be kept by the people. These powers kept by the people were not to be used at all unless the people decided to give them to the federal government by amending the Constitution. @ENDNODE @NODE 3.9.11. "The judicial power" AMENDMENT XI Adopted in 1798 This amendment was added to make clear the meaning of @{"Article III" Link 0.3.}, Section II, Clause I. That clause said that federal courts could try cases "between a state and citizens of another state". When approving the Constitution, the states thought this meant: 1. That a state could bring a citizen of another state into a federal court. 2. And that no state could be brought without its consent into a federal court by a citizen of another state. When the Supreme Court ruled under Article 3 that a citizen of one state or a foreign country could sue another state in a federal court, the states asked for Amendment 11. @ENDNODE @NODE 3.9.12. "The electors shall meet" AMENDMENT XII Adopted in 1804 Amendment 12 changes @{"Article II" Link 0.2.}, Section I, Clause III. This amendment makes members of the Electorial College vote for a President and a Vice-President on seperate ballots. The amendment became neccessary after the election of 1800. By that time political parties had begun to select canadates. All electors of the Democratic-Republican party voted for Thomas Jefferson and Aaron Burr. This made a tie vote when the ballots were counted. Most of these electors wanted Jefferson for President and Burr for Vice-President. But when the tie vote was sent to the House of Representatives to be broken, the Federalist party very nearly voted to make Burr instead of Jefferson the President, against the wishes of the majority. Because of Amendment 12 and the voting customs that grew up when political parties were formed, all members of the Electorial College now vote for a President and Vice-President exactly as the popular vote demands. The Constitution did not say what should be done if a President was not chosen by Inauguration Day. Nor did it say that the Vice-President's qualifications should be the same as the President's. Amendment 12 made these and other points clearer. @ENDNODE @NODE 3.9.13. "Neither slavery" AMENDMENT XIII Adopted in 1865 This amendment finally ended all slavery and "involuntary servitude" anywhere in the United States or its territories. Involuntary servitude is about the same as slavery. In general, Amendment 13 says that no one in the United States or its possessions may be made to work without pay or as a prisoner unless he has been found guilty of a crime and is being punished for it. @ENDNODE @NODE 3.9.14. "All persons born" AMENDMENT XIV Adopted in 1868 SECTION I The main purpose of Section i, Amendment 14, was to make citizens of the former slaves and to keep the states from taking away their rights of citizenship. Section 1 has a wider meaning than it had when it was written. It is now one of the most important parts of the Constitution. This section says that persons who were born or naturalized in the United States are citizens, both of the United States and of the state they live in. It also orders the states not to take away the rights of United States citizens. Most important are the words: "nor shall any state deprive any person of life, liberty, or property without due process of law". These words have come to have these meanings: 1. The states must use fair, legal methods when they try to take away a person's life, liberty, or property. For example, a man must not be beaten to make him confess to a crime. 2. The states must not take away certain kinds of rights and privileges no matter how leagally it is done. These words are used, for example, to protect freedom of speach, press, and assembly from interference by the states. The last words of this section mean that whatever rights are given or rules are make, they must be the same for everyone. @ENDNODE @NODE 3.9.15. "Respective numbers" AMENDMENT XIV Adopted in 1868 Section II Before Amendment 14 was adopted, only three-fifths of the Negro slaves had been counted in the census. The purpose of the census was to find out how many Representatives each state might send to Congress. But this amendment ruled that everyone was to be counted except Indians who did not have to pay taxes. @ENDNODE @NODE 3.9.16. "No person shall" AMENDMENT XIV Adopted in 1868 Section III Before the War Between the States, many leaders of the Confederacy had been officials of the United States government or had held offices in state governments. When those leaders took office they swore oaths to support the Constitution. After the war, Congress decided that these men had broken their oaths when they joined or helped the Confederate forces. Congress, therefore, set out to punish these men by keeping them from holding public office again. Because of this section in Amendment 14, the southern states lost many of their leaders. But in 1872 Congress ended this punishment for most of the men who had served the Confederacy. In 1898 all others were finally pardoned. @ENDNODE @NODE 3.9.17. "The validity of" AMENDMENT XIV Adopted in 1868 Section IV The first part of section 4 was added so that Congressmen from the southern states would not try to pass laws to keep the United States government from paying back the money it had borrowed during the War Between the States. The second part made certain that neither the federal government nor the state governments could pay back any money borrowed to help the Confederacy. confederate bonds and money, of course, became worthless. @ENDNODE @NODE 3.9.18. "The right of" AMENDMENT XV Adopted in 1870 This amendment ordered both the federal and the state governments not to keep any citizens from voting because of race or color, or because they had once been slaves. @ENDNODE @NODE 3.9.19. "Taxes on incomes" AMENDMENT XVI Adopted in 1913 The Constitution gives Congress the power to collect taxes, but makes rules as to how this may be done. One rule is that the amount of direct taxes taken from any state must depend on the number of people in that state. <--NOTE * See @{"Article I" Link 0.1.}, Section 9, Clause 4. In 1894 Congress passed a law taxing the incomes of the people in all states. The following year the Supreme Court decided that this income tax law was unconstitutional. This law, did not take into account the number of people living in each state. The federal government needed the money from the income tax to pay its growing expenses. For that reason, Amendment 16 was added to the Constitution. This amendment makes it constitutional for Congress to tax all kinds of incomes. the federal government now gets more of its money by taxing incomes than it get in any other way. @ENDNODE @NODE 3.9.20. "Shall be composed" AMENDMENT XVII Adopted in 1913 Before 1913, United States Senators were not elected by the voters; they were chosen by their state Legislatures. This method gave the voters little control over the Senate. Besides, the method did not work very well. For instance, some members of the Legislatures were suspected of taking bribes to choose certain men as Senators. It was finally decided that the voters should elect Senators just as they elect Representatives. Amendment 17 makes this the law of the nation. @ENDNODE @NODE 3.9.21. "Intoxicating liquors" AMENDMENT XVIII Adopted in 1919 This amendment is known as the "Prohibition Amendment". It made it unlawful to make or sell alcoholic liquors in the United States. It was repealed by @{"Amendment XXI" Link 0.8.21.}. @ENDNODE @NODE 3.9.22. "On account of sex" AMENDMENT XIX Adopted in 1920 In the early years of our country, women had little chance to take part in government, and were never allowed to vote. During the 1800's, however, more and more women began demanding the right to vote. By the early 1900's, a number of western states were already allowing women to vote. Finally, in 1920, Amendment 19 gave women in all parts of the country the right to vote in state and national elections. @ENDNODE @NODE 3.9.23. "The terms of" AMENDMENT XX Adopted in 1933 Section I When the Constitution was written, it sometimes took weeks for people or mail to get from one part of the country to another. Because transportation and communication were so slow, the Constitution ordered that the new Congressmen and the new President elected in November should not begin their terms until the next March 4. This allowed them time to learn of their election and to get to Washington. In later years such a long delay after the election was not neccessary. It was also unwise, for two reasons: 1. After the voters had chosen the new President, they had to wait about four months before he could start doing the things they had elected him to do. 2. Even though the term of newly elected Congressmen began on March 4, they did not actually meet in Congress until the first Monday in December of the same year. <--NOTE * See @{"Article I" Link 0.1.}, Section 4, Clause 2. Unless the President called a special session of Congress, more than thirteen months went by before the Congressmen could start doing their work. From December of election year until March 4 of the following year, the old Congress could continue to sit. In the old Congress there were some Senators and Representatives who had been defeated for re-election. Such members of Congress were called "lame ducks". It there were many "lame ducks", as sometimes happened, they could hold back important laws. Or the "lame ducks" could pass laws which the election had shown the voters did not want. Amendment 20 is sometimes called "The Lame Duck Amendment". It orders the newly elected Congressmen to begin work on January 3, about a month and a half after the election, and the new President to take office on January 20. Amendment 20 also tells what shall be done if a newly elected President or Vice-President should die or for some other reason should not be able to take office. It also says what shall be done if a canadate dies while a close election is being settled in Congress. @ENDNODE @NODE 3.9.24. "Transportation or importation" AMENDMENT XXI Adopted in 1933 @{"Amendment XVIII" Link 0.8.18.}, the Prohibition Amendment, made it unlawful to make or sell alcoholic liquors in the United States. That Amendment was repealed by this amendment. Section 2 of this amendment, however, protects any state that wants to keep prohibition. @ENDNODE @NODE 3.9.25. "More than twice" AMENDMENT XXII Adopted in 1951 In 1940, when the United States was in danger of being drawn into World War II, Franklin D. Roosevelt was elected as President for the third time. In 1944, he was elected again. Never before had a President been elected more than twice. If it had not been for the war, Roosevelt probably would not have been President for more than two terms. Many Americans have long believed that two terms are enough for a President. After the war this belief was made a law. Amendment 22 keeps any President from being elected more than twice. It also keeps a Vice-President or anyone else from being elected to the Presidency more than once if he has already served more than two years to finish the term of another President. @ENDNODE @NODE 4. "Quotes" Quotes about the Constitution by famous American's "Like the Bible, it ought to be read again and again. It is an easy document to understand" Franklin Delano Roosevelt--March 1937. "The Constitution is a layman's document, not a lawyer's contract" Franklin Delano Roosevelt--September 1937. "The greatest single effort of national deliberation that the world has ever seen." @{"John Adams" link "pics/john-adams.gif/main"0}. @ENDNODE @NODE 5. "Guide-Credits" I would like to thank Todd Wolfe for ideas to expand the original guide to what it has become today. I also wish to thank the office of "The Historian of the U.S. Senate", for pictures and text's relating to the Constitution and the U.S. Senate. @{" Copyrights " Link 5.1.} @ENDNODE @NODE 5.1. "Copyrights" The text's to the Contstitution, the Declaration of Independance, and the pictures included, of course, cannot be copyrighted. Nor can i claim copyright to most of the text in the book section of this guide. You are free to use them as you wish. I do, however, claim copyright to this guide as a whole, and to several parts of the book section that i am responsible for writing. The rest of the book section is taken from the book "Your rugged Constitution", and is copyrighted 1952 by the "Board of trustees of the Leland Stanford Junior University". @ENDNODE @NODE 6. "Future" As you can see, this guide is not complete, but it is a "work in progress". I had hoped to include a section on Supreme Court decisions as they dealt with the Constitution, but i have not found a set of books that i can check out of the libary, and i do not have the time to do the research on site. There is also an omission of comments on Amendments 23 thru 27. The reason for this is lack of time and reasearch material. The same holds true for the very few number of quotes and pictures included. If you have any pictures of people and places involved in the writing of the Constitution in IFF, GIF, or JPEG format, please consider sending them to me for inclusion in this guide. Currently there are 11 pictures included, all in GIF format. Work on this guide will continue as i can find the time and resources to do so. I am releasing it unfinished so that i can get feedback and because i believe it to be finished enough to be useful. If you have any ideas, comments, or error corrections, please send them to me at "76323.3677@compuserve.com". Although i ask nothing for the use of this guide, i do welcome any and all contributions for the research and time put into the project. If you wish to contribute to the fund for material, and "online" time for research, you can send something to the address below. All contributions are greatly appreciated and will be noted in future releases. Sincerly: Stephen L. Savner. PO Box 862 Baldwin City, Ks. USA 66006-0862 @ENDNODE @NODE 7. "Instructions" This guide is setup to use Multiview instead of AmigaGuide. The reason for this are the pictures included within. Multiview is the only way to view them from within the guide. If you are using WorkBench 3.0 or 3.1, then you have Multiview already and will need to change nothing. If, however, you are using an older WB such as 2.1 or 1.3, you will have to change the "default tool" in the guide's icon from "Multiview" to "AmigaGuide". If you must use AmigaGuide then you will be unable to view the pictures from within the guide by clicking on the "links". You will instead have to use an external viewer such as ViewTech or SuperView to see them. If you use Multiview, the pictures MUST stay in the directory that i have created in the archive for the guide to find them. Thats all there is to it. Enjoy. Stephen @ENDNODE