U.S. Constitution by Jovany Garcia

Why make a new constitution?

jgarcia207223 — 2024-02-27 17:49:27 UTC

-Articles of Confederation failed and was too weak

-Protect rights of people and states

-Create a stronger federal government

3 Different democracies

jgarcia207223 — 2024-02-27 17:55:01 UTC

Participatory Democracy
-Emphasizes broad participation in politics and civil society.
Pluralist Democracy
-Group-based activism by nongovernmental interests striving for impact on political decision making.
Elite Democracy
-Emphasizes limited participation in politics and civil society.

Different aspects of the U.S. Constitution, reflect the tension between the participatory model and the filtered participation of the pluralist and elite models.

Ancient Greece

jgarcia207223 — 2024-02-27 17:59:08 UTC

Athens->Democracy

Democracy->Political system in which the supreme power lies in a body of citizens who can elect people to represent them

Ancient Rome

jgarcia207223 — 2024-02-27 18:02:49 UTC

Roman Republic & Senate
Republic:
-A state in which supreme power is held by the people and their elected representatives

Enlightenment

jgarcia207223 — 2024-02-27 18:03:35 UTC

Reason over faith
John Locke --Government should protect human (natural) rights

Baron Montesquieu

jgarcia207223 — 2024-02-27 18:06:19 UTC

Three Branches of Government
Legislative
Executive
Judicial

Article 1 - Legislative Branch

jgarcia207223 — 2024-02-29 17:49:18 UTC

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Article 2 - Executive Branch

jgarcia207223 — 2024-02-29 17:51:45 UTC

Establishes the executive branch of the federal government, which carries out and enforces federal laws

Article 3 - Judicial Branch

jgarcia207223 — 2024-02-29 17:53:29 UTC

Interpreting the laws of the State of California

Article 4 - States, Citizenship, New States

jgarcia207223 — 2024-02-29 17:55:16 UTC

Outlines the relationship between the various states, as well as the relationship between each state and the United States federal government.

Article 5 - Amendment Process

jgarcia207223 — 2024-02-29 17:56:14 UTC

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments

Article 6 - Debts, Supremacy, Oaths, Religious Tests

jgarcia207223 — 2024-02-29 17:57:06 UTC

Requires both state and federal officials to take an oath where they promise to uphold the United States Constitution.

Article 7 - Ratification

jgarcia207223 — 2024-02-29 17:58:26 UTC

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

1st Amendment - Freedom of Religion, Speech, Press, Assembly, and Petition

jgarcia207223 — 2024-02-29 17:59:33 UTC

Congress shall make no law respecting an establishment of religion, 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.

2nd Amendment - Right to Bear Arms

jgarcia207223 — 2024-02-29 18:00:28 UTC

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

3rd Amendment - Quartering of Soldiers

jgarcia207223 — 2024-02-29 18:01:07 UTC

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.

4th Amendment - Search and Seizure

jgarcia207223 — 2024-02-29 18:02:10 UTC

Prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued

5th Amendment - Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings

jgarcia207223 — 2024-02-29 18:02:56 UTC

Protection against double jeopardy, protection against self-incrimination.

6th Amendment - Right to Speedy Trial by Jury, Witnesses, Counsel

jgarcia207223 — 2024-02-29 18:03:45 UTC

Guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

7th Amendment - Jury Trial in Civil Lawsuits

jgarcia207223 — 2024-02-29 18:04:40 UTC

The jury must apply the “preponderance of the evidence” standard of proof

8th Amendment - Excessive Fines, Cruel and Unusual Punishment

jgarcia207223 — 2024-02-29 18:05:21 UTC

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

9th Amendment - Non-Enumerated Rights Retained by People

jgarcia207223 — 2024-02-29 18:06:01 UTC

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10th Amendment - Rights Reserved to States or People

jgarcia207223 — 2024-02-29 18:06:40 UTC

Any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or to the people at large.

11th Amendment - Suits Against States

jgarcia207223 — 2024-02-29 18:07:31 UTC

The Judicial power 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.

12th Amendment - Election of President and Vice President

jgarcia207223 — 2024-02-29 18:08:12 UTC

Each elector must cast distinct votes for president and vice president, instead of two votes for president.

13th Amendment - Abolition of Slavery

jgarcia207223 — 2024-02-29 18:08:53 UTC

Neither slavery 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.

14th Amendment - Citizenship Rights, Equal Protection, Apportionment, Civil War Debt

jgarcia207223 — 2024-02-29 18:27:20 UTC

Granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with “equal protection under the laws,”

15th Amendment - Right to Vote Not Denied by Race

jgarcia207223 — 2024-02-29 18:29:20 UTC

Prohibits the federal government and each state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude."

16th Amendment - Income Tax

jgarcia207223 — 2024-02-29 18:30:14 UTC

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

17th Amendment - Popular Election of Senators

jgarcia207223 — 2024-02-29 18:31:12 UTC

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.

18th Amendment - Prohibition of Liquor

jgarcia207223 — 2024-02-29 18:32:40 UTC

Declared the production, transport and sale of intoxicating liquors illegal

19th Amendment - Women’s Right to Vote

jgarcia207223 — 2024-02-29 18:34:17 UTC

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

20th Amendment - Presidential Term and Succession, Assembly of Congress

jgarcia207223 — 2024-02-29 18:35:17 UTC

Moved the beginning and ending of the terms of the president and vice president from March 4 to January 20, and of members of Congress from March 4 to January 3.

21st Amendment - Repeal of Prohibition

jgarcia207223 — 2024-02-29 18:36:18 UTC

The transportation or importation 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.

22nd Amendment - Two-Term Limit on Presidency

jgarcia207223 — 2024-02-29 18:37:05 UTC

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 the President more than once.

23rd Amendment - Presidential Vote for D.C.

jgarcia207223 — 2024-02-29 18:38:10 UTC

Extends the right to participate in presidential elections to the District of Columbia.

24th Amendment - Abolition of Poll Taxes

jgarcia207223 — 2024-02-29 18:39:06 UTC

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

25th Amendment - Presidential Disability and Succession

jgarcia207223 — 2024-02-29 18:43:35 UTC

Enables the Cabinet, led by the vice president, to remove the president from their duties if they determine they are unable to perform them.

26th Amendment - Right to Vote at Age 18

jgarcia207223 — 2024-02-29 18:50:16 UTC

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

27th Amendment - Congressional Compensation

jgarcia207223 — 2024-02-29 18:51:21 UTC

Any law that increases or decreases the salary of members of Congress may take effect only after the next election of the House of Representatives has occurred.