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Edited on Thu Jan-12-06 06:53 PM by linazelle
Just weeks ago, Bush was said to have remarked that it (the Constitution) is just a piece of paper.
Obviously the boy who would be king places no value in a document that would limit his ability to declare himself emperor.
But in the reality-based community, the Constitution is what makes America America.
How well do you know/remember the Constitution? I read somewhere that Al Gore is giving a speech today about the threat to the very existence of this document. I fear the same and felt compelled to find it, read it and learn more. I shudder to think what would happen if the Constitution had to be rewritten--it would be bought and paid for by lobbyists.
So, to refresh our collective memories and remind us what is at stake, I am hoping to generate some discussion and to learn even more.
Where do you see the Bush Administration violating the Constitution? Is it really in shreds now? Can you even imagine it being overhauled? Who on earth would be selected to do that--and how?
THE PREAMBLE
Reflects the desires of the Framers to improve on the government to be "more perfect" than the Articles of Confederation, to ensure that that government would be just...protect its citizens from internal strife and from attack from the outside. It would be of benefit to the people...for the future generations of Americans.
THE ARTICLES
ARTICLE 1:
Establishes Congress.
Section 2 defines the House of Representatives, known as the lower house of Congress.
Section 3 defines the upper house of Congress, the Senate.
Section 7 details how bills become law. All bills must pass both houses of Congress in the exact same form. Bills that pass both houses are sent to the President. He can either sign the bill, or veto it. In the case of a veto, the bill is sent back to Congress, and if both houses pass it by a two-thirds majority, the bill becomes law over the President's veto. This is known as overriding a veto.
If the president neither vetoes a bill nor signs it, it becomes a law without his signature after 10 days. If Congress sends a bill to the President and they then adjourn, if the President does not sign the bill within 10 days, it does not become law.
Section 8 defines Congresses' powers--to establish and maintain an army and navy...to create courts...to declare war...and an "Elastic Clause" allowing any law necessary for the carrying out of the previously listed powers.
Section 9 limits Congressional ability to...give preference to one state over another; or take money from the treasury except by duly passed law; AND...no title of nobility, such as Prince or Marquis, will ever be established by the government.
Section 10 limits states rights including making their own money, declaring war...taxing goods from other states, having navies.
ARTICLE 2
Establishes the Executive branch--office of the President and the Vice-President...
Section 2 bestows the following authority: commander-in-chief of the militia; oversight of a Cabinet to aid him; ability to pardon criminals; enter into treaties with other nations; picks many judges and other members of the government all with the approval of the Senate.
Section 3 mandates a state of the union address; to act as head of state by receiving ambassadors and other heads of state; to ensure the laws of the United States are carried out.
Section 4 Impeachment.
ARTICLE 3
Establishes the Judiciary.
Section 1 establishes the Supreme Court...sets the terms of judges: that they serve as long as they are on "good behavior" which usually means for life..
Section 2 addresses judiciary jurisdiction; guarantees trial by jury in criminal court.
Section 3 defines, without any question, what the crime of treason is.
ARTICLE 4
Concerns the states.
Section 1 mandates that all states will honor the laws of all other states (ie., a couple married in Florida is also considered married by Arizona)
Section 2 guarantees that citizens of one state be treated equally and fairly as citizens of another.
Section 3 concerns control of federal lands; admittance of new states
Section 4 ensures a republican form of government(where the state derives its power from the people; guarantees the federal government to protect the states against invasion and insurrection.
ARTICLE 5
Amending or changing the Constitution. See amendments--below.
ARTICLE 6
Guarantees that the US assumes all debts and contracts under the Articles of Confederation; establishes the Constitution and all laws and treaties of the United States to be the supreme law of the country. Requires all officers of the US and states to swear an oath of allegiance to the Constitution when taking office.
ARTICLE 7
Ratification, or acceptance, of the Constitution: of the original 13 states in the United States, nine had to accept the Constitution before it would officially go into effect.
THE AMENDMENTS
1st Amendment
Right to practice religion, to speak freely, to assemble (meet), to address the government and of the press to publish.
2nd Amendment protects the right to own guns. (There is debate whether this is a right that protects the state, or a right that protects individuals).
3rd Amendment prevents army from forcing homeowners to give them room and board.
4th Amendment protects people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason).
5th Amendment protects people from being held for committing a crime unless properly indicted; prevents being tried twice for the same crime; prevents being forced to testify against yourself; prevents property being taken without just compensation; contains due process guarantees.
6th Amendment guarantees a speedy trial, impartial jury, right of accused to confront witnesses against them, right to have a lawyer if accused.
7th Amendment guarantees jury trial in federal civil court cases--normally no longer heard in federal court.
8th Amendment guarantees that punishments will be fair, not cruel--prevents extraordinarily large fines.
9th Amendment acknowledges that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated.
10th Amendment any power not granted to the federal government belongs to the states or to the people. See the Federalism Topic Page for more information.
11th Amendment defines the original jurisdiction of the Supreme Court concerning suits brought against a state by a citizen of another state.
12th Amendment redefines how POTUS and VP are chosen--by Electoral College rather than first and second highest vote-getters.
13th Amendment abolished slavery
14th Amendment ensured all citizens rights on the federal level and the state level, too; removed the 3/5 counting of slaves in the census; ensured that the US would not pay the debts of rebel states; ensured the loyalty of legislators who participated on the Confederate side of the Civil War
15th Amendment ensured that race could not be used as a criteria for voting.
16th Amendment authorizes the US to collect income tax without regard to the population of the states.
17th Amendment shifted selection of Senators from the state to the people of the states.
18th Amendment abolished the sale or manufacture of alcohol in the United States. This amendment was later repealed (erased).
19th Amendment ensures that sex could not be used as a criteria for voting.
20th Amendment set new start dates for Congress and Presidential terms; clarifies how a death of President before swearing-in would be handled.
21st Amendment repealed the 18th Amendment.
22nd Amendment limits the number of times a President can be elected to two four-year terms--except when a VP assumes the presidency after the death or removal--allowing a maximum of 10 years.
23rd Amendment grants the District of Columbia the right to three electors in Presidential elections.
24th Amendment ensured that no tax could be charged to vote for any federal office.
25th Amendment further clarified the line of succession to the Presidency
26th Amendment ensures that any person 18 or over may vote.
27th Amendment requires any law increasing the pay of legislators may not take effect until after an election.
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