the united states constitution clauses to know, love and remember!
TRANSCRIPT
The United States ConstitutionCLAUSES to KNOW, LOVE and REMEMBER!
Article I Important Clauses
U.S. Congress: the House and Senate
* The Commerce Clause (Sec. 8, C. 3) “The Congress shall have Power… To regulate Commerce with foreign Nations, and among the several States…”
* Article I, Section 8 of the U.S. Constitution lists the ENUMERATED POWERS of the U.S. Congress (tax, declare war, regulate commerce, coin money, patents/copyrights, create fed. courts, etc.)
* …grants Congress the exclusive power to regulate business with foreign nations and throughout the United States!
1.) channels (roadways, waterways, airways) of commerce 2.) instrumentalities (people, vehicles, machines) of commerce3.) items and objects of commerce4.) activities that have a substantial effect on commerce
WHY IS IT SIGNIFICANT?
* The Necessary and Proper Clause (Sec. 8, C. 18)
Article I Important Clauses
U.S. Congress: the House and Senate
“The Congress shall have Power… 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…” (aka the Elastic Clause)
* Article I, Section 8 – ENUMERATED POWERS of Congress (lay and collect taxes, declare war, borrow money, regulate commerce, coin money, patents/copyrights, create federal courts, raise/support Army and Navy, est. post offices)
* …empowers Congress to:WHY IS IT SIGNIFICANT?
1.) organize the federal government2.) helps put into force the enumerated powers of Congress!
Article II Important Clauses
The President of the United States
* The Advice and Consent Clause (Sec. 2, C. 2) “The President… 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… appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States…”
WHY IS IT SIGNIFICANT?* … gives power to the U.S. Senate to be CONSULTED on and APPROVE:
1.) foreign treaties 2.) appointments made by the POTUS (Cabinet secretaries, federal judges and foreign ambassadors)
* What power does it give the POTUS? The U.S. Senate?
* The Take Care Clause (Sec. 3, C. 5)
Article II Important Clauses
The President of the United States
“The President… shall take Care that the Laws be faithfully executed…”
WHY IS IT SIGNIFICANT?
* … it is meant to ensure that the law is faithfully executed by the President!
* MUST the POTUS enforce a law he doesn’t like? …its hard to tell – the POTUS can use LOTS of discretion!
* Why could it be controversial?
Article IV Important Clauses
Federal and Interstate Relations
* The Full Faith and Credit Clause (Sec. 1, C. 1) “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State…”
WHY IS IT SIGNIFICANT?* Purpose is to assure that the COURTS OF ONE STATE will honor the judgments of the COURTS OF ANOTHER STATE without the need to retry the whole cause of action…
* FAMILY LAW, interracial marriages (until 1967), same-sex marriages (still unresolved)
* The Privileges and Immunities Clause (Sec. 2, C. 1)
Article IV Important Clauses
Federal and Interstate Relations
“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”
2.) OHIO State Law B – “Kentucky residents who wish to hunt in Ohio must pay 3x the license fee.”
* …prevents a state from treating residents of other states in a discriminatory manner!
WHY IS IT SIGNIFICANT?
1.) OHIO State Law A – “Drivers with a Michigan license plate MUST drive 10 mph below listed speed limit.”
* The Supremacy Clause (Sec. 1, C. 2)
Article VI Important Clauses
The Federal Government
“This Constitution, 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 notwithstanding.”
WHY IS IT SIGNIFICANT?
* …est. the Constitution, federal law and treaties as the supreme law of the land (state judges must follow federal law when conflict arises between federal law and state constitution/state law)
The Amendments Important Clauses
* The Establishment Clause (1st) “Congress shall make no law respecting an establishment of religion…”
WHY IS IT SIGNIFICANT?
* The ESTABLISHMENT clause prohibits:1) …the establishment of a national religion by Congress.2) …the preference by the U.S. government of one religion over another.
* Does this mean NO prayer in public schools? …religious displays on gov’t property? (ten commandments on lawn of a courthouse, prayer before school, prayer before graduation/football game)
The Amendments Important Clauses
* The Free Exercise Clause (1st) “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”
WHY IS IT SIGNIFICANT?
* SCOTUS: “Laws are made for the government of actions, and while they cannot interfere with mere religious beliefs and opinions, they may with practices.”
* Does it include the belief and profession of a religion… OR, does it also protect behavior that stems from religious beliefs? (Polygamy? Human sacrifice? Jehovah’s Witnesses and pamphlets?)
The Amendments Important Clauses
* The Free Speech Clause (1st) “Congress shall make no law… abridging the freedom of speech…”
WHY IS IT SIGNIFICANT?
* VERY controversial and VERY important! … What does it mean? What kind of speech is there?
* It gives you the right to COMMUNICATE your opinions and ideas using your speech, expression, body and property!
* Just like ALL of your rights – freedom of speech is NOT ABSOLUTE (libel, slander, obscenity)
* NOTE: Libel = written words; Slander = spoken word
The Amendments Important Clauses
* The Speedy Trial Clause (6th) “In all criminal prosecutions, the accused shall enjoy the right to a speedy… trial…”
WHY IS IT SIGNIFICANT?* It protects criminal defendants from delay between indictment and the beginning of a trial!
* The right to a speedy trial prevents:
2.) …the harm to the defense caused by a potential delay (fading memories or the deaths of witnesses)
1.) …the harm of pre-trial detention.
The Amendments Important Clauses
* The Excessive Bail Clause (8th) “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
WHY IS IT SIGNIFICANT?* If a FEDERAL judge posts excessive bail, the defendant's lawyer may make a motion in court to lower the bail or appeal directly to a higher court!(a defendant's bail cannot be set higher than an amount that is reasonably likely to ensure the defendant's presence at the trial)
* DENIED bail? – “preventative detention” – You must be too dangerous to release back into the community!