Congress may decide that some discussions and votes are to be kept secret, but if one-fifth of the members demand that a vote be recorded, it must be. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Many Native Americans became citizens by a variety of means such as marriage, treaties, or military service. After the Civil War, the formula was changed with the passage of the 13th Amendment, which abolished slavery, and Section 2 of the 14th Amendment, which repealed the three-fifths rule. Article I, Section 3. As chief executive, the president runs the different executive agencies, such as the Department of the Treasury or the Department of Health and Human Services. This prevents members of Congress from punishing a judge when they do not like one of his or her decisions. The Supreme Court has since struck down these discriminatory measures, opening democratic participation to all, regardless of one’s ability to pay. In 1966, the U.S. Supreme Court used the language, “chosen . Answer the questions that follow each segment, jotting down your answers in your notebook or using them as discussion starters. The last of three so-called Reconstruction Era amendments ratified in the period following the Civil War, the amendment sought to abolish one of the key vestiges of slavery and to advance the civil rights and liberties of former slaves. The Third Amendment is intended to protect citizens’ rights to the ownership and use of their property without intrusion by the government. Also included in the free exercise clause is the right not to believe in any religion, and the right not to participate in religious activities. Rejecting the monarchy of England, the Constitution also specifically prohibits Congress from granting a title of nobility to any person and prohibits public officials from accepting a title of nobility, office, or gift from any foreign country or monarch without congressional approval. Defendants are protected from secret proceedings that might encourage abuse of the justice system, and the public is kept informed about how the criminal justice system works. Efforts in Congress and the states to add requirements for office, such as durational residency rules or loyalty oaths, have been rejected by Congress and the courts. Nouveau. The right to counsel is more than just the right to have an attorney physically present at criminal proceedings. Then, she was supposed to be in Alabama — but that didn’t happen either. An amendment can be offered in one of two ways: when two-thirds of the Senate (67 of 100 senators) and two-thirds of the House of Representatives (290 of 435 representatives) call for a change to be made; or when two-thirds of the states (34 of 50 states) call for a national constitutional convention (a gathering of representatives of each state) to make a change. The Court found that the only privileges protected by the clause are those “which owe their existence to the Federal Government, its National character, its Constitution, or its laws,” all of which are already protected from state interference by the supremacy clause in Article VI. The trial courts look at the facts of the case and decide guilt or innocence or which side is right in an argument or dispute. Immigration and Article 1, section 9, clause 1. Similarly, the Constitution specifically prohibits bills of attainder — laws that are directed against a specific person or group of persons, making them automatically guilty of serious crimes, such as treason, without a normal court proceeding. The equal protection clause limits the ability of states to discriminate against people based on their race, national origin, gender, or other status. Like other provisions in the Bill of Rights that affect criminal prosecutions, the double jeopardy clause is rooted in the idea that the government should not have unlimited power to prosecute and punish criminal suspects. They may call witnesses to help them decide. The Fifth Amendment’s due process clause applies to the federal government’s conduct. This does not mean that the defendant has a right to an attorney who will win his or her case. Vocal opposition to a U.S. war effort through protest and demonstration, however, is protected by the free speech clause in the First Amendment. The framers believed that this separation of powers would ensure that no one person or group of persons would be able to create, administer and enforce the laws, and that each branch would be a check on the power of the other two branches. A case is filed and tried in the federal district courts and in some specialty courts, such as admiralty or bankruptcy courts. House members acted as prosecutors during an impeachment trial in the Senate. This provision gives Congress the power to impose a uniform, direct income tax without being subject to the apportionment rule. (This section has no heading.) The takings power of the government, sometimes referred to as the power of eminent domain, may be used for a wide range of valid public uses (for a highway or a park, for example). Today, court decisions interpreting the Fourteenth Amendment’s due process right generally apply to the Fifth Amendment and vice versa. More than offering a process of fairness, courts have found that the Fourteenth Amendment prohibits states from harming an individual’s ability to fully participate in society. But the Senate gives power to the states equally, with two senators from each state. This provision, known as the guarantee clause, is attributed to James Madison. Article II, Section 1 establishes that the president and vice president are to be elected at the same time and serve the same four-year term. The Fifteenth Amendment prohibits the use of race in determining which citizens can vote and how they do so. The Tenth Amendment was included in the Bill of Rights to further define the balance of power between the federal government and the states. Equal Protection of the Laws: Although the Declaration of Independence declared that all men were created equal, many persons living in our early republic, including Native Americans, African-American slaves and women were denied fundamental rights and liberties such as the right to vote, own property and freely travel. 1 Snapshot of Lesson Grades: Middle School; High School (Focus) Subject Focus: Civics/Government Estimated Time: 3–4 days Alignment to National Standards for Civics and Government: Grades 5-8; Grades 9-12 Materials/Equipment Needed: • Video: A Conversation on the Constitution with Justices Stephen G. Breyer, Sandra Day O’Connor, The Annenberg Foundation Trust at Sunnylands About this Lesson The first section of the film Key Constitutional Concepts examines the creation of the U.S. Constitution and why it came about. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Although this phrase originally was intended to outlaw certain gruesome methods of punishments— such as torture, burning at the stake, or crucifixion— it has been broadened over the years to protect against punishments that are grossly disproportionate to (meaning much too harsh for) the particular crime. Section 3. To win, the plaintiff must prove his or her case by “preponderance of the evidence,” that is by over fifty percent of the proof. Some of the framers had raised concerns that because it was impossible to list every fundamental right, it would be dangerous to list just some of them (for example, the right to free speech, the right to bear arms, and so forth), for fear of suggesting that the list was complete. The U.S. Supreme Court has identified circumstances when a court may refuse bail entirely, such as when a defendant shows a significant risk of running away or poses a considerable danger to the community. The amendment was introduced in Congress in 1789 by James Madison and sent to the states for ratification at that time. Section 2. . Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. The Congress shall assemble at least once in every Year, and such Meeting shall [be on the first Monday in December,]4 unless they shall by Law appoint a different Day. Amendment XIV, however, limited the broad grant of citizenship to those “subject to U.S. jurisdiction.” As a result, Native Americans, who were governed by tribal law, were not guaranteed citizenship by this amendment. paragraphe 1 de la section A du présent article qui peut invoquer, pour refuser de retourner dans le pays dans lequel il avait sa résidence habituelle, des raisons impérieuses tenant à des persécutions antérieures. The government also may regulate speech by limiting the time, place or manner in which it is made. Oregon and Idaho or Wilmington, Delaware, and Philadelphia, Pennsylvania) cannot become states without the consent of the various state legislatures and Congress. 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. This group of framers opposed a bill of rights entirely and favored a more general declaration of fundamental rights. Article III, Section 3 Clauses 1-2 What It Says  Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. Home Page › Forums › U.S. But the commerce clause powers are not unlimited. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Section 2. Senators may serve for an unlimited number of six-year terms. For example, the government may limit or ban libel (the communication of false statements about a person that may injure his or her reputation), obscenity, fighting words, and words that present a clear and present danger of inciting violence. Based on the surveys, Congress must determine how many representatives (at least one required) are to come from each state and how federal resources are to be distributed among the states. Grand Jury Protection: The Fifth Amendment requirement that serious federal criminal charges be started by a grand jury (a group of citizens who hear evidence from a prosecutor about potential crimes) is rooted in English common law. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Section 1. At the time the Constitution was adopted, several states and the Continental Congress had only one lawmaking body. Because a federal law provides federal funds to states that prohibit the sale of alcohol to minors under the age of twenty-one, all fifty states have set their drinking age there. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. The Fourth Amendment imposes certain limitations on police investigating a crime and prevents the use of illegally obtained evidence at trial. Ratified on January 16, 1919, the Eighteenth Amendment prohibited the making, transporting, and selling of alcoholic beverages. 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. Article I, Section 8, specifies the powers of Congress in great detail. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Another important principle is contained in Article I, Section 1: The federal government’s power is limited to what is written in the Constitution. The passage of Amendment XIV—particularly the equal protection clause— along with the power of Congress to enforce it, incorporated the Declaration’s ideal into the Constitution. No person shall be elected to the office of the President more than twice, 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 President more than once. Thus, the amendment bars the government from forcing individuals to provide lodging to soldiers in their homes, except during war when the interest of national security may override an individual’s right of private property. Before he enter on the Execution of his Office, he shall take the following Oath 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.”. But Congress may by a vote of two-thirds of each House, remove such disability. As the U.S. Supreme Court explained in its 1970 opinion, California v. Green, the defendant’s ability to confront a hostile witness in person puts pressure on the witness to tell the truth, allows the defendant’s counsel to cross-examine the witness (which may reveal him or her to be unreliable), and gives the jury an up-close view of the witness, so that they can decide for themselves if the witness is believable. For example the clause has been used to guarantee voting rights, school integration, the rights of women and minorities to equal employment opportunities and the rights of immigrants to attend public school. That right, along with the equal protection clause of the 14th Amendment, was later used by the U.S. Supreme Court to require that each congressional district contain roughly the same number of people, ensuring that one person’s vote in a congressional election would be worth as much as another’s. 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. No person shall 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. . In recent years, the U.S. Supreme Court has expressed greater concern for states’ rights. The Senate of the United States shall be composed of two Senators from each state, [chosen by the Legislature thereof,] 2 for six Years; and each Senator shall have one Vote. In 1895, in Pollock v. Farmer’s Loan & Trust Co., the U.S. Supreme Court declared that a federal income tax (imposed on property owned by individuals) was unconstitutional because it violated this “rule of apportionment.”. It is the chamber where all taxing and spending bills start. This protection guarantees that individuals are warned ahead of time that their actions are illegal. The power to appropriate federal funds is known as the “power of the purse.” It gives Congress great authority over the executive branch, which must appeal to Congress for all of its funding. There are exceptions to the confrontation clause, of course. Similarly, on seven occasions, the Vice President has died in office and one Vice President, Spiro Agnew, resigned in the middle of his term. In more recent cases, the Supreme Court has defined involuntary servitude broadly to forbid work forced by the use or threat of physical restraint or injury or through law. No Excessive Bail: The first portion of the Eighth Amendment concerns bail— the money paid by a defendant in a criminal case in exchange for his or her release from jail before trial. Article IV, Section 2 guarantees that states cannot discriminate against citizens of other states. As a result, at the time of a census, the political party in power in a state legislature is able to define new districts that favor its candidates, affecting who can win elections for the House of Representatives in the following decade. Once an official is removed, he or she may still be prosecuted criminally or sued, just like any other citizen. This includes allowing U.S. territories to become independent nations, as was done with the Philippines, or regulating the affairs of current U.S. territories like the District of Columbia, Guam, or Puerto Rico. At the time of the ratification of the Constitution in 1788, most states limited voting to white, male citizens who were over the age of 21. The adoption of Amendment XIII, which abolishes slavery and prohibits involuntary servitude, nullified this provision. The last sentence of this clause makes sure that nothing in the Constitution would harm the rights of either the federal government or the states in disputes over property. One is the president pro tempore (president for a time), who presides over the Senate when the vice president is not available and, as is the Speaker of the House, is in the line of succession should the president or the vice president be unable to serve. This is an astounding fact, and one that may be counterintuitive. If they were considered people, they would be counted fully just as women, children and other non-voters were counted. When the government takes private property, it is required to pay just compensation to the property owner for his or her loss. 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. No Tax or Duty shall be laid on Articles exported from any State. It was ratified on December 18, 1865. Although the Tenth Amendment does not specify what these “powers” may be, the U.S. Supreme Court has ruled that laws affecting family relations (such as marriage, divorce, and adoption), commerce that occurs within a state’s own borders, and local law enforcement activities, are among those specifically reserved to the states or the people. The "commerce clause" is considerably wider in scope than many congressional powers. A portion of Article I, Section 2, was changed by the 14th Amendment; a portion of Section 9 was changed by the 16th Amendment; a portion of Section 3 was changed by the 17th Amendment; and a portion of Section 4 was changed by the 20th Amendment To avoid allowing Congress to punish or reward the president while he or she is in office, the Constitution prohibits any change in salary during the president’s term. A full majority need not vote, but must be present and capable of voting. But in 1913, Woodrow Wilson resumed George Washington’s practice of directly addressing a joint session of Congress. Washington’s voluntary two-term limit became the unwritten rule for all presidents until 1940. The amendment was ratified on January 23, 1933. In 1863, based on his war powers (see Article II, Section 2), President Lincoln issued the Emancipation Proclamation, which freed the slaves held within any designated state and part of a state in rebellion against the United States. For example, President Lincoln suspended the writ during the Civil War. The best free civics materials from around the web in one monthly mailing. Each state sets its own rules for the sale and importation of alcohol, including the drinking age. Until 1951, presidents could serve for as many four-year terms as they could win. Section 6. The federal government borrows money by issuing bonds. Until 1913, senators were elected by their state legislatures. But the Supreme Court has rejected claims that define mandatory community service, taxation, and the draft as involuntary servitude. Congress may choose to require Senate approval of other presidential appointments or let the president, courts or department heads appoint staff and agency employees without approval by the Senate. Similarly, the Constitution specifically prohibits bills of attainder — laws that are directed against a specific person or group of persons, making them automatically guilty of serious crimes, such as treason, without a normal court proceeding. Since ratification, women’s right to vote has become commonly accepted by Americans. Bail is returned to the defendant when he or she appears at trial but is forfeited to the government if he or she does not appear. The accused official must be convicted by a two-thirds vote of the Senate to be removed from office. The amendment did not bar all lawsuits against states in federal courts. Section 2 of the Fourteenth Amendment (1868) later superseded Article 1, Section 2, Clause 3 and explicitly repealed the compromise. With the passage of the Civil Rights Acts of 1957 and 1964 and the Voting Rights Act of 1965, Congress extended protection of the right to vote in federal, state and local elections. Delaware was the first state to ratify the Constitution in 1787 and New Hampshire became the ninth state to ratify on June 21, 1788. The number of seats in the House of Representatives is based on population. Liberty, the Court held in Meyer v. Nebraska, “denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.”. To ensure that they are insulated from political influence, federal judges are appointed for life as long as they are on “good behavior.” This generally means for as long as they want the job or until they are impeached for committing a serious crime. Annenberg Classroom: , and Consider the material presented in these two posts:-interpretation.html “I Didn’t Get Elected To Be a Fundraiser” by Chris Murphy (D, Conn.) HUSKYCT RESOURCES “Gifts: Networks of Obligation” from Dollars and Votes (Clawson) VIDEO QUIZZES DUE Module 1 (2 pts.) Cliquez-Ici. In the first clause, the Constitution bars Congress from banning the importation of slaves before 1808. He or she normally has no vote, but may vote in a tiebreaker if the Senate is divided on a proposed bill or nomination. A defendant in a criminal case, except impeachment, has a right to have his or her case heard by a jury in the state where the crime occurred. But others, including many state representatives, had refused to ratify the Constitution without a more specific list of protections, so the First Congress added the Ninth Amendment as a compromise. 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. The amendment specifically prohibits federal courts from hearing cases in which a state is sued by an individual from another state or another country. Similarly, incriminating statements that an individual makes voluntarily— such as when a suspect confesses to a friend or writes in a personal diary— are not protected. The vice president of the United States is also the president of the Senate. The Ninth Amendment is a constitutional safety net intended to make clear that individuals have other fundamental rights, in addition to those listed in the First through Eighth Amendments. Similarly, the House and Senate may establish their own rules, punish members for disorderly behavior and, if two-thirds agree, expel a member. To avoid giving government unchecked powers, grand jurors are selected from the general population and their work, conducted in secret, is not hampered by rigid rules about the type of evidence that can be heard. The guide is an excellent research tool for students to use to gain a deeper understanding of one of our nation’s founding documents and the establishment of the federal government. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. Takings Clause: The takings clause of the Fifth Amendment strikes a balance between the rights of private property owners and the right of the government to take that property for a purpose that benefits the public at large. States may not enter into a treaty with a foreign nation; that power is given to the president, with the advice and consent of two-thirds of the Senate present. When a House member dies or resigns during the term, the governor of that state may call for a special election to fill the vacancy. Article II, Section 1 of the Constitution, which established the Electoral College, provided that each state appoint electors equal to the total number of House and Senate members in their state and that the electors shall vote for two persons. Grades 9 and 10, Arabic II/III: In a lesson rich with music and visuals, students learn vocabulary to describe the rooms and exterior features of modern and traditional houses in Arab countries. 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. Section 522.1. In Article I Section 8 of the Constitution, Congress has the power to regulate commerce. Cliquez-Ici. Although some states permitted women to vote and to hold office prior to the adoption of the Nineteenth Amendment, the ratification of Amendment XIX on August 18, 1920, extended voting rights to all women. Liberty Classroom. In addition, the Constitution prohibits “ex post facto” laws — criminal laws that make an action illegal after someone has already taken it. The House 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. Often thought of as a provision that guarantees fairness, the due process clause requires government to use even-handed procedures, so that it is less likely to act in an arbitrary way. Cliquez-Ici. . No capitation, or other direct, Tax shall be laid,[unless in Proportion to the Census or Enumeration herein before directed to be taken.5. This interactive guide to the U.S. Constitution provides the original text and an explanation of the meaning of each article and amendment. Rather, all rights and powers are set out in the articles and amendments that follow. 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