Post by djxkorean on Jul 13, 2009 22:23:24 GMT -8
The Constitution (Not Ammendments)
*Note: Commentary largely touches upon topics brought up on p. 112 -113
I. Introduction to the Constitution
. . A. William E. Gladstone praises it as one of best written constitutions written at "a single stroke"
. . B. Has been in continuous operation longer than any other basic law written for the government of a people
. . C. Preamble
. . . . 1. grants no power to government or to anyone. IT is a statement of purpose.
. . . . 2. "To form a more perfect union"
. . . . . . a. union was challenged by the Civil War
. . . . 3. "To establish justice"
. . . . 4. "To insure domestic tranquility"
. . . . 5. "To provide for the common Defense"
. . . . 6. "To provide for the general welfare"
. . . . 7. "To secure the blessings of liberty to ourselves and our posterity"
. . D. People had no direct voice in framing the Constitution, but the ratification of the Constitution required a vote by the people.
II. Legislative Branch
. . A. The Senate
. . . . 1. Equal representation by every state (2)
. . . . 2. Powers reserved for the Senate
. . . . . . a. May ratify treaties (2/3s vote)
. . . . . . b. elect Vice President if Electoral College fails to do so
. . . . . . c. Try officials who have been impeached (2/3s vote)
. . . . . . d. Ratify presidential appointments (simple majority)
. . . . . . . . i. Cabinet officials, ambassadors, consuls, Supreme Court justices
. . B. The House of Representatives
. . . . 1. Based upon the population of each state
. . . . . . a. Changed to cap of 435 in 1912.
. . . . . . b. Census every 10 years determines H.o.P. representative count.
. . . . 2. Powers of House of Representatives
. . . . . . a. Introduce revenue bills
. . . . . . b. Elect President when Electoral College fails to do so
. . . . . . c. Impeach public officials
. . . . . . . . i. then goes to the Senate for trail. Overlooked by Vice President, or (when dealing with President or. V.P.) Chief Justice.
. . C. Congress
. . . . 1. Total of 535 representatives total (Senate and House)
. . . . 2. Special Privileges
. . . . . . a. Cannot be arrested during session of Congress, or on way to and from Congress *unless for felony, treason, or breach of peace)
. . . . . . b. No action for libel, no charges, no official questioning is permitted against member of Congress during session of Congress.
. . . . . . . . i. Allows members of Congress to speak their minds when it comes to voicing suspicions against other ppl
. . . . . . . . ii. Can be abused, seeing as how there is no protection against the intentional abuse of this clause
. . . . 3. Special Prohibitions
. . . . . . a. Members of Congress can't hold any other federal office (separation of powers)
. . . . . . b. Members of Congress cannot vote themselves a raise in pay for their own term.
. . . . 4. Powers of Congress
. . . . . . a. Financial powers
. . . . . . . . i. levy and collect taxes: can only be used to pay public debt of US, to provide for the common defense, or promote the general welfare
. . . . . . . . ii. borrow money; coin money and regulate a currency system
. . . . . . . . iii. regulate foreign and interstate commerce: grants Congress exclusive authority solves problem of confused commerce in A.o.C.
. . . . . . . . iv. punish counterfeiters; make laws pertaining to patents and copyrights
. . . . . . . . v. est. uniform rules of naturalization and uniform rules of bankruptcies
. . . . . . b. Powers to uphold security
. . . . . . . . i. punish piracy
. . . . . . . . ii. provide an army, a navy, and make rules for armed forces
. . . . . . . . iii. Call out, organize, and train the National Gaurd
. . . . . . . . iv. declare war: lost alot of its power due to modern warfare- requires immediate action and President acts without declaration
. . . . . . c. Other
. . . . . . . . i. govern Washington D.C.
. . . . . . . . ii. "necessary and proper" clause
. . . . . . . . . . + ensures Congress that it has ample power to carry out the provisions of the Constitution
. . . . . . . . . . + could be interpreted as a caution to Congress not to exceed its powers, to be careful to only do what was necessary
. . . . . . . . iii. constitute courts inferior to the Supreme Court
. . . . 5. Miscellaneous facts
. . . . . . a. member can be expelled by 2/3s vote, refused a seat by simple majority, censured by simple majority
. . D. How Bills become law
. . . . 1. Congress
. . . . . . a. Pass each house in identical form by a simple majority
. . . . . . b. to prevent constant passing back and forth, joint committees made up of members of both houses, hash out the bills first.
. . . . 2. President
. . . . . . a. Sign it
. . . . . . . . i. Becomes law
. . . . . . b. Ignore it
. . . . . . . . i. If Congress stays in session for 10 days after bill sent to President, becomes law in 11th day.
. . . . . . . . ii. It Congress adjoirns within 10 days after going to President, bill is dead: called a pocket veto
. . . . . . c. Veto it
. . . . . . . . i. President attaches written objections to bill and sends back to house it originated from
. . . . . . . . ii. Congress can pass the bill by 2/3s vote in both houses. Becomes law: overriding the veto
III. Forbidden Powers
. . A. Write of habeas corpus can never be suspended
. . . . 1. eliminated intentional false arrest
. . . . 2. as soon as accused person knows the precise charges, individual can prepare for a defense
. . . . 3.. charged person is in position to demand the right to be released
. . . . 4. Bail: a get out of jail pass. refunded when trial begins. When "jumped bail" no refund and additional charges
. . B. No Bill of Attainder shall be passed
. . . . . . a. bill of attainder denies trial by jury and other safeguards to a fair trial (in English history)
. . C. No ex post facto law shall be passed
. . . . . . a. ex post facto law: a law that makes punishable an act that was legal when committed
. . D. No export laws
. . E. No money can be drawn from U.S. Treasury without Congress authorization
. . F. No title of nobility is granted.
. . G. No tax can be levied by U.S. unless apportioned among several states by population (16th Amendment (income tax) exception.
IV. Executive Branch
. . A. President
. . . . 1. Term lasts for 4 years, and President is limited to serving a total of 10 years.
. . . . . . a. If President passes away 2 years after term, Vice President serves rest of term and can run for 2 more terms
. . . . . . b. If President passes away before 2 years into term, V.P. can only serve one more term.
. . . . 2. President is elected by simple majority vote of the Electoral College.
. . . . . . a. Popular vote date: first Tuesday after 1st Monday in November - people vote people into the Electoral College
. . . . . . b. Electoral college takes their own vote on 1st Monday after the 2nd Wednesday in December
. . . . . . c. Congress comes to session on January 6th, counts votes.
. . . . . . d. President comes to power on January 20th
. . . . . . e. If Electoral College fails to reach a decision, the House makes a decision after holding a caucus (Senate for V.P.)
. . . . 3. Powers of the President
. . . . . . a. President is Commander in Chief of armed forces
. . . . . . b. Can require written reports from executive departments (currently 15 -each principal officer is Cabinet member)
. . . . . . c. can "grant reprieves and pardons" except in cases of impeachment
. . . . . . d. can make treaties (Senate has to ratify with 2/3s vote)
. . . . . . e. Can make recess appointments to executive positions
. . . . 4. Duties of the President
. . . . . . a. Deliver State of the Union (later added: budget message, and statement on economic state of the Union)
. . . . . . b. Can call special sessions of Congress
. . . . . . c. Sets date of adjournment of Congress if two houses are unable to agree
. . . . . . d. Commission all the officers of the United States
. . . . . . e. Take care that all laws are faithfully executed.
IV. Judiciary Branch
. . A. Supreme Court Jurisdiction
. . . . 1. Original Jurisdiction (very rare)
. . . . . . a. cases involving "ambassadors, other public ministers and consuls, and those in which a State shall be a party"
. . . . 2. Appellate Jurisdiction (usual)
. . . . . . a. cases that have been tried by lower courts
. . B. Supreme Court decisions are always final and final authority
. . C. Supreme Court has the power of "judicial review"
. . . . 1. Can determine constitutionality of laws, acts, and decisions made by Congress
. . D. Acts of treason
. . . . 1. Consists of levying war against the United States or adhering to its enemies (giving them aid and comfort)
. . . . 2. Can't be convicted of treason unless on testimony of two witnesses of same overt act, or on confession in open court
. . E. States should recognize others official acts
. . . . 1. States should aid each other in catching fugitives from justice and returning slaves
. . . . 2. Often violated. Violates based on public opinion within its own borders
. . F. Admission of states of the union
. . . . 1. Congress has power to admit states to the Union
. . . . 2. State can't be divided into more than one state w/o consent of the states concerned and of Congress
. . . . 3. Conditions applying to dividing states applies to combining
. . G. Every state in the union is guaranteed a Republican form of Gov't
V. Supremacy of the Constitution
. . A. "Supreme Law of the Land"
. . . . 1. Judges in every state bound by the Constitution
. . . . 2. Any state laws and any provisions in any state constitution incompatible with supreme law of the land are unconstitutional, null and void.
. . B. Supreme legal authorities: Constitution of the United States, laws made in pursuance thereof, and treaties.
. . . . 1. Constitution is always higher than the status of treaties
VI. Checks and Balances
. . A. Executive Branch over the Legislative Branch
. . . . 1. President can veto a bill passed by Congress
. . . . 2. May call special sessions of Congress
. . . . 3. President has the power to recommend legislation
. . . . 4. Direct appeals to people allows President to influence Congress through public opinion
. . . . 5. Has influence of members of Congress in his party as Party leader
. . B. Legislative Branch (Congress) over Executive Branch
. . . . 1. can refuse to pass bills favored by the President
. . . . 2. Can override a veto
. . . . 3. Can refuse sufficient appropriations for Executive branch operations
. . . . 4. Can impeach and try the President
. . . . 5. Can refuse to ratify treaties or approve appointments
. . C. Checks upon the Supreme Court
. . . . 1. Appointed by President by approval from Senate
. . . . 2. Congress can propose an amendment to Constitution if federal law is ruled unconstitutional
. . . . 3. Congress can impeach a Supreme Court justice
. . . . 4. Congress can refuse judicial appointments
. . D. Supreme Court can check others
. . . . 1. Deem laws unconstitutional and cancel work of Congress
. . . . 2. Can declare act of President unconstitutional
. . E. Balance of Power within the Legislative Branch
. . . . 1. Senate acts as check against House
. . . . . . a. Longer term prevents Senators making decisions based on public opinion
. . . . . . b. Only 1/3 of Senate subject to change at one time, so no sudden, drastic change
. . . . . . c. older age, change in seats, longer term all designed to make Senate more permanent and stronger house of Congress
. . . . 2. House of Representation
. . . . . . a. very sensitive to the public opinion. Due to short term, usually decide what the public opinion wants
. . . . 3. Combination of both House and Senate is a good balance of public opinion and smart decision making.
Commentary: Personally, I regard the United States Constitution to be one of the greatest written works of the United States. It is very ambiguous, and therefore subject to the societal norms. Thus, the Constitution can mend depending on the needs and wants of the nation. Despite my high regards for the Constitution, I still note the bias in the author of this text book. The author obviously views the Constitution very highly. Indication of this is the first paragraph in the section. However, in this case, I feel that the bias is well founded (largely because I agree with him).
A point that I found interesting is the policy of "Salutary Neglect" within the Constitution, resembling that of the navigation and trade acts early on in colonial history. Clauses in the Constitution that do not fit public desire or political need are widely disregarded, such as the one that requires states to recognize each others official acts. There are others, of course, which brings me to the thought that only those policies that are deemed necessary are enforced. This is most definitely interesting to note, meaning that the Constitution, although the final law, can also be disregarded, representing the non-rigidity of the nation.
*Note: Commentary largely touches upon topics brought up on p. 112 -113
I. Introduction to the Constitution
. . A. William E. Gladstone praises it as one of best written constitutions written at "a single stroke"
. . B. Has been in continuous operation longer than any other basic law written for the government of a people
. . C. Preamble
. . . . 1. grants no power to government or to anyone. IT is a statement of purpose.
. . . . 2. "To form a more perfect union"
. . . . . . a. union was challenged by the Civil War
. . . . 3. "To establish justice"
. . . . 4. "To insure domestic tranquility"
. . . . 5. "To provide for the common Defense"
. . . . 6. "To provide for the general welfare"
. . . . 7. "To secure the blessings of liberty to ourselves and our posterity"
. . D. People had no direct voice in framing the Constitution, but the ratification of the Constitution required a vote by the people.
II. Legislative Branch
. . A. The Senate
. . . . 1. Equal representation by every state (2)
. . . . 2. Powers reserved for the Senate
. . . . . . a. May ratify treaties (2/3s vote)
. . . . . . b. elect Vice President if Electoral College fails to do so
. . . . . . c. Try officials who have been impeached (2/3s vote)
. . . . . . d. Ratify presidential appointments (simple majority)
. . . . . . . . i. Cabinet officials, ambassadors, consuls, Supreme Court justices
. . B. The House of Representatives
. . . . 1. Based upon the population of each state
. . . . . . a. Changed to cap of 435 in 1912.
. . . . . . b. Census every 10 years determines H.o.P. representative count.
. . . . 2. Powers of House of Representatives
. . . . . . a. Introduce revenue bills
. . . . . . b. Elect President when Electoral College fails to do so
. . . . . . c. Impeach public officials
. . . . . . . . i. then goes to the Senate for trail. Overlooked by Vice President, or (when dealing with President or. V.P.) Chief Justice.
. . C. Congress
. . . . 1. Total of 535 representatives total (Senate and House)
. . . . 2. Special Privileges
. . . . . . a. Cannot be arrested during session of Congress, or on way to and from Congress *unless for felony, treason, or breach of peace)
. . . . . . b. No action for libel, no charges, no official questioning is permitted against member of Congress during session of Congress.
. . . . . . . . i. Allows members of Congress to speak their minds when it comes to voicing suspicions against other ppl
. . . . . . . . ii. Can be abused, seeing as how there is no protection against the intentional abuse of this clause
. . . . 3. Special Prohibitions
. . . . . . a. Members of Congress can't hold any other federal office (separation of powers)
. . . . . . b. Members of Congress cannot vote themselves a raise in pay for their own term.
. . . . 4. Powers of Congress
. . . . . . a. Financial powers
. . . . . . . . i. levy and collect taxes: can only be used to pay public debt of US, to provide for the common defense, or promote the general welfare
. . . . . . . . ii. borrow money; coin money and regulate a currency system
. . . . . . . . iii. regulate foreign and interstate commerce: grants Congress exclusive authority solves problem of confused commerce in A.o.C.
. . . . . . . . iv. punish counterfeiters; make laws pertaining to patents and copyrights
. . . . . . . . v. est. uniform rules of naturalization and uniform rules of bankruptcies
. . . . . . b. Powers to uphold security
. . . . . . . . i. punish piracy
. . . . . . . . ii. provide an army, a navy, and make rules for armed forces
. . . . . . . . iii. Call out, organize, and train the National Gaurd
. . . . . . . . iv. declare war: lost alot of its power due to modern warfare- requires immediate action and President acts without declaration
. . . . . . c. Other
. . . . . . . . i. govern Washington D.C.
. . . . . . . . ii. "necessary and proper" clause
. . . . . . . . . . + ensures Congress that it has ample power to carry out the provisions of the Constitution
. . . . . . . . . . + could be interpreted as a caution to Congress not to exceed its powers, to be careful to only do what was necessary
. . . . . . . . iii. constitute courts inferior to the Supreme Court
. . . . 5. Miscellaneous facts
. . . . . . a. member can be expelled by 2/3s vote, refused a seat by simple majority, censured by simple majority
. . D. How Bills become law
. . . . 1. Congress
. . . . . . a. Pass each house in identical form by a simple majority
. . . . . . b. to prevent constant passing back and forth, joint committees made up of members of both houses, hash out the bills first.
. . . . 2. President
. . . . . . a. Sign it
. . . . . . . . i. Becomes law
. . . . . . b. Ignore it
. . . . . . . . i. If Congress stays in session for 10 days after bill sent to President, becomes law in 11th day.
. . . . . . . . ii. It Congress adjoirns within 10 days after going to President, bill is dead: called a pocket veto
. . . . . . c. Veto it
. . . . . . . . i. President attaches written objections to bill and sends back to house it originated from
. . . . . . . . ii. Congress can pass the bill by 2/3s vote in both houses. Becomes law: overriding the veto
III. Forbidden Powers
. . A. Write of habeas corpus can never be suspended
. . . . 1. eliminated intentional false arrest
. . . . 2. as soon as accused person knows the precise charges, individual can prepare for a defense
. . . . 3.. charged person is in position to demand the right to be released
. . . . 4. Bail: a get out of jail pass. refunded when trial begins. When "jumped bail" no refund and additional charges
. . B. No Bill of Attainder shall be passed
. . . . . . a. bill of attainder denies trial by jury and other safeguards to a fair trial (in English history)
. . C. No ex post facto law shall be passed
. . . . . . a. ex post facto law: a law that makes punishable an act that was legal when committed
. . D. No export laws
. . E. No money can be drawn from U.S. Treasury without Congress authorization
. . F. No title of nobility is granted.
. . G. No tax can be levied by U.S. unless apportioned among several states by population (16th Amendment (income tax) exception.
IV. Executive Branch
. . A. President
. . . . 1. Term lasts for 4 years, and President is limited to serving a total of 10 years.
. . . . . . a. If President passes away 2 years after term, Vice President serves rest of term and can run for 2 more terms
. . . . . . b. If President passes away before 2 years into term, V.P. can only serve one more term.
. . . . 2. President is elected by simple majority vote of the Electoral College.
. . . . . . a. Popular vote date: first Tuesday after 1st Monday in November - people vote people into the Electoral College
. . . . . . b. Electoral college takes their own vote on 1st Monday after the 2nd Wednesday in December
. . . . . . c. Congress comes to session on January 6th, counts votes.
. . . . . . d. President comes to power on January 20th
. . . . . . e. If Electoral College fails to reach a decision, the House makes a decision after holding a caucus (Senate for V.P.)
. . . . 3. Powers of the President
. . . . . . a. President is Commander in Chief of armed forces
. . . . . . b. Can require written reports from executive departments (currently 15 -each principal officer is Cabinet member)
. . . . . . c. can "grant reprieves and pardons" except in cases of impeachment
. . . . . . d. can make treaties (Senate has to ratify with 2/3s vote)
. . . . . . e. Can make recess appointments to executive positions
. . . . 4. Duties of the President
. . . . . . a. Deliver State of the Union (later added: budget message, and statement on economic state of the Union)
. . . . . . b. Can call special sessions of Congress
. . . . . . c. Sets date of adjournment of Congress if two houses are unable to agree
. . . . . . d. Commission all the officers of the United States
. . . . . . e. Take care that all laws are faithfully executed.
IV. Judiciary Branch
. . A. Supreme Court Jurisdiction
. . . . 1. Original Jurisdiction (very rare)
. . . . . . a. cases involving "ambassadors, other public ministers and consuls, and those in which a State shall be a party"
. . . . 2. Appellate Jurisdiction (usual)
. . . . . . a. cases that have been tried by lower courts
. . B. Supreme Court decisions are always final and final authority
. . C. Supreme Court has the power of "judicial review"
. . . . 1. Can determine constitutionality of laws, acts, and decisions made by Congress
. . D. Acts of treason
. . . . 1. Consists of levying war against the United States or adhering to its enemies (giving them aid and comfort)
. . . . 2. Can't be convicted of treason unless on testimony of two witnesses of same overt act, or on confession in open court
. . E. States should recognize others official acts
. . . . 1. States should aid each other in catching fugitives from justice and returning slaves
. . . . 2. Often violated. Violates based on public opinion within its own borders
. . F. Admission of states of the union
. . . . 1. Congress has power to admit states to the Union
. . . . 2. State can't be divided into more than one state w/o consent of the states concerned and of Congress
. . . . 3. Conditions applying to dividing states applies to combining
. . G. Every state in the union is guaranteed a Republican form of Gov't
V. Supremacy of the Constitution
. . A. "Supreme Law of the Land"
. . . . 1. Judges in every state bound by the Constitution
. . . . 2. Any state laws and any provisions in any state constitution incompatible with supreme law of the land are unconstitutional, null and void.
. . B. Supreme legal authorities: Constitution of the United States, laws made in pursuance thereof, and treaties.
. . . . 1. Constitution is always higher than the status of treaties
VI. Checks and Balances
. . A. Executive Branch over the Legislative Branch
. . . . 1. President can veto a bill passed by Congress
. . . . 2. May call special sessions of Congress
. . . . 3. President has the power to recommend legislation
. . . . 4. Direct appeals to people allows President to influence Congress through public opinion
. . . . 5. Has influence of members of Congress in his party as Party leader
. . B. Legislative Branch (Congress) over Executive Branch
. . . . 1. can refuse to pass bills favored by the President
. . . . 2. Can override a veto
. . . . 3. Can refuse sufficient appropriations for Executive branch operations
. . . . 4. Can impeach and try the President
. . . . 5. Can refuse to ratify treaties or approve appointments
. . C. Checks upon the Supreme Court
. . . . 1. Appointed by President by approval from Senate
. . . . 2. Congress can propose an amendment to Constitution if federal law is ruled unconstitutional
. . . . 3. Congress can impeach a Supreme Court justice
. . . . 4. Congress can refuse judicial appointments
. . D. Supreme Court can check others
. . . . 1. Deem laws unconstitutional and cancel work of Congress
. . . . 2. Can declare act of President unconstitutional
. . E. Balance of Power within the Legislative Branch
. . . . 1. Senate acts as check against House
. . . . . . a. Longer term prevents Senators making decisions based on public opinion
. . . . . . b. Only 1/3 of Senate subject to change at one time, so no sudden, drastic change
. . . . . . c. older age, change in seats, longer term all designed to make Senate more permanent and stronger house of Congress
. . . . 2. House of Representation
. . . . . . a. very sensitive to the public opinion. Due to short term, usually decide what the public opinion wants
. . . . 3. Combination of both House and Senate is a good balance of public opinion and smart decision making.
Commentary: Personally, I regard the United States Constitution to be one of the greatest written works of the United States. It is very ambiguous, and therefore subject to the societal norms. Thus, the Constitution can mend depending on the needs and wants of the nation. Despite my high regards for the Constitution, I still note the bias in the author of this text book. The author obviously views the Constitution very highly. Indication of this is the first paragraph in the section. However, in this case, I feel that the bias is well founded (largely because I agree with him).
A point that I found interesting is the policy of "Salutary Neglect" within the Constitution, resembling that of the navigation and trade acts early on in colonial history. Clauses in the Constitution that do not fit public desire or political need are widely disregarded, such as the one that requires states to recognize each others official acts. There are others, of course, which brings me to the thought that only those policies that are deemed necessary are enforced. This is most definitely interesting to note, meaning that the Constitution, although the final law, can also be disregarded, representing the non-rigidity of the nation.