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PSC 201: American Government.
Constitution Day Resources and Notes
Revised 20 Sep. 2005, with constitution day links, by Dr. Jeremy Lewis.


JusticeLearning.org [notes] explains US constitution & justice  issues
http://www.constitutionday.us/ has useful links.
Cornell.edu also has a fine, more advanced, US constitution site.


http://www.constitutionday.us/
September 17th is the birthday of our government, the date in 1787 on which delegates to the Philadelphia Convention completed and signed the U.S. Constitution.
Senator Robert Byrd of West Virginia accomplished a long-standing goal, passing a law designating September 17th as Constitution Day. Schools and federal agencies are required to hold educational programs on the Constitution on Constitution Day.


http://www.uwm.edu/letsci/constitution/history.html
 The History of Constitution Day
The U.S. Constitution was signed by the Framers on September 17, 1787. In commemoration of that historic day, Congress sought fit to declare September 17th to be "Constitution Day and Citizenship Day" (see Consolidated Appropriations Act, 2005, Public Law 108-447, 118 Stat. 2809, 3344-45 (Section 111), excerpted here). In order to implement this new holiday, Congress requires all educational institutions receiving federal funding to hold an "educational program pertaining to the United States Constitution" (70 Fed. Reg. 29727 (May 24, 2005)).
On Constitution Day:

National Archives
http://www.archives.gov/education/lessons/constitution-day/

Constitution Day, Inc.
http://www.constitutionday.com/

From the Bill of Rights Institute
http://www.billofrightsinstitute.org/Instructional/Resources/ConstitutionDay/index.htm

About.com: Constitution Day
http://usgovinfo.about.com/blconstday.htm



http://www.uwm.edu/letsci/constitution/index.html

On the Constitution:
National Archives Experience the Constitution
http://www.archives.gov/national-archives-experience/charters/constitution.html

The Library of Congress
http://www.loc.gov/rr/program/bib/ourdocs/Constitution.html

National Constitution Center
http://www.constitutioncenter.org/

Interactive Constitution at the National Constitution Center
http://www.constitutioncenter.org/constitution/



Justice Learning site, Annenberg Center of University of Pennsylvania, holds videos of Sandra Day O'Connor's discussions.
http://www.justicelearning.org/constitutionday/index.asp
There is also a well annotated US constitution aimed mostly at secondary schools.
Some excerpts follow.
Issues of justice under the constitution have timelines linked to New York Times articles and selected official reports.


Preamble to Constitution:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty ...

The Supreme Court held in 1905 (in Jacobson v. Massachusetts) that the preamble is not itself a source of federal power or individual rights. It merely sets forth general goals.



The unique and limited powers of Congress are contained in Article I.
...
Congress cannot give its own lawmaking powers to the executive or judicial branch.
...
[Some shared powers, however:]
... the Senate must approve the president’s appointments to the Supreme Court, and the president has the power to veto acts of Congress or to pardon convicted criminals.
[T]the federal government’s power is limited to ... "enumerated powers."
Article I, Section 1 also requires that Congress be bicameral, ... At the time ... several of the states and the Continental Congress had only one lawmaking body. The creation of two legislative bodies reflected a compromise between the power of the states and the power of the people.
Until 1913, senators were elected by their state legislatures. ... Amendment XVII, senators have been elected directly by the people of each state. ...senator: he or she must be over thirty years of age, must have been an American citizen for at least nine years, and must live in the state he or she represents. Senators can serve for an unlimited number of six-year terms.

Senatorial elections are held on a staggered basis.
House of Representatives bring[s] charges of impeachment to remove a president, vice president, or other civil officer, such as a federal judge, ... Senate ...is responsible for conducting the trial and deciding whether the individual is to be removed from office. The Chief Justice of the Supreme Court presides over an impeachment trial of the president. The members of the Senate act as the jury and the vote of two-thirds [is needed to remove.]
Section 4:
[States determine voting rights.]
First Fed law passed after the Civil War as a means of enforcing the prohibition against racial discrimination in voting contained in Amendment XV. With the passage of the Civil Rights Acts of 1957 and 1964 and the Voting Rights Act of 1965, Congress enacted greater protections for the right to vote in federal, state, and local elections.
Section 5:
House and Senate can establish their own rules, punish members for disorderly behavior and, if two-thirds agree, expel a member.
Section 6:
Legislators can only raise their pay for the next Congress.
Legislators are granted immunity from criminal prosecution and civil lawsuit for the things they say and the work they do as legislators.
Prohibits a senator or representative from holding any other federal office during his or her service in Congress.

Section 7:
House of Representatives must begin the process when it comes to raising and spending money.
[Both chambers and president are needed to pass a bill.]
If the president does nothing for ten days, not including Sundays, the bill automatically becomes law, except in the last ten days of the legislative term. In that time, the president can use a “pocket veto”—by doing nothing, the legislation is automatically vetoed.

If the president vetoes a bill, the bill must be passed again with the votes of two-thirds of the House and the Senate for it to become law.
Section 8:
Enumerated powers of Congress plus those ... “necessary and proper” to carry them out.
-- set taxes, tariffs, and other means of raising federal revenue, and to authorize the expenditure of all federal funds. In addition to the tax powers in Article I, Amendment XVI authorized Congress to establish a national income tax.
-- Congress to regulate business activities “among the states.” [Commerce clause]
Broadly construed until recent Sup Ct decisions -- found unconstitutional federal laws aimed at protecting battered women or protecting schools from gun violence on the ground that these types of police matters are properly managed by the states.
-- coin money, create the postal service, army, navy and lower federal courts and to declare war. Determining naturalization.



Article I, Section 9 specifically prohibits Congress from legislating in certain areas. In the first clause, the Constitution bars Congress from banning the importation of slaves before 1808.
...
It provides that the privilege of a writ of habeas corpus, which allows a prisoner to challenge his or her imprisonment in court, cannot be suspended except in extreme circumstances such as rebellion or invasion, where the public is in danger. ... For example, President Lincoln suspended the writ during the Civil War. In 1871, it was suspended in nine counties in South Carolina to combat the Ku Klux Klan.

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. ...

In addition, the Constitution prohibits “ex post facto” laws—criminal laws that make an action illegal after someone has already taken it. ...

The provision in the fourth clause prohibiting states from imposing direct taxes was changed by Amendment XVI, which gives Congress the power to impose a federal income tax. In order to ensure equality among the states, the Constitution prohibits states from imposing taxes on goods coming into their state from another state and from favoring the ports of one state over the ports of others.

Article I, Section 9 also requires that Congress produce a regular accounting of the monies the federal government spends. Rejecting the monarchy of England, the Constitution also specifically prohibits Congress from granting a title of nobility...



Section 10 limits the power of the states -- [may not duplicate some powers of Congress.]


Article II, Section 1 establishes that the president has the power to run the executive branch of the government. This section, later modified by Amendments XII and XXV, outlines who is eligible to serve as president, establishes the Electoral College ..., and authorizes Congress to determine who will replace the president and vice president should they be unable to serve ...

president: one must be a natural born citizen of the United States; must have lived in the United States for at least fourteen years, and must be at least thirty-five years old.

Amendment XXV, added in 1967, modified the line of succession.

Section 2: Powers: executive, commander in chief, pardon, with two-thirds of the Senators present, make treaties, With a majority of senators, the president makes key appointments. “recess appointments” end at the end of the next Senate session.
Section 3: Since 1913, President Wilson resumed “State of the Union” speech.
Section 4: impeachment by the House and conviction by the Senate of treason, bribery, or other serious crimes. Used against Andrew Johnson, Richard Nixon (although he resigned before Congress could formally act), and William Clinton.



Article 3, section 1:
Article III establishes the federal court system. The first section creates the U.S. Supreme Court and congress creates lower courts.
section 2: jurisdiction
The federal courts will decide arguments over how to interpret the Constitution, all laws passed by Congress, and our nation’s rights and responsibilities in agreements with other nations. In addition, federal courts can hear disputes that may arise between states, between citizens of different states and between states and the federal government.

In 1803, in the case of Marbury v. Madison, the Supreme Court, in an opinion written by Chief Justice John Marshall, interpreted Article III and Article VI to give the federal courts final say over the meaning of the federal Constitution and federal laws and the power to order state and federal officials to comply with its rulings.
Supreme Court accepts only a small number of cases for review, typically around eighty cases each year.
Section 3: treason if one goes to war against the United States or gives “aid or comfort” to an enemy. [limited].



Article 4, section 1: Full Faith and Credit shall be given in each State.
section 2: return the fugitive to the state where the crime was committed. No charge needed until fugitive returned.
slave owners a nearly absolute right to recapture runaway slaves who fled to another, free, state. State laws in free states intended to protect runaway slaves were unconstitutional because they interfered with the slave owner’s right to the slave’s return. The adoption of Amendment XIII, which abolishes slavery and prohibits involuntary servitude, nullified this provision.

section 3: admitting new states, congress regulates territories.
section 4; guarantee clause that sttates will be republics, is attributed to James Madison. It has not been widely interpreted, but scholars think it ensures that each state be run as a representative democracy
Congress the power (and obligation) to protect the states from an invasion by a foreign country, or from significant violent uprisings within each state.



Article 5, Amendment Processes:
(a) proposed by two-thirds of the both chambers or when two-thirds of the states call for a national constitutional convention
(b) ratification by three-fourths of the state legislatures or state conventions.

Also -- forbids three specific amendments: that would deny a state its votes in the Senate, that before 1808 would enable Congress to prohibit the importation of slaves and that before 1808 would allow direct taxation except as based on the system of enumeration set out in Article I, Section 2. As a result, the three-fifths compromise contained in Article I, Section 9 remained in place until 1808 when Congress banned the international slave trade.



Article 6: Federal Supremacy
supremacy clause, this article says that when state law is in conflict with federal law, federal law must prevail.
 “doctrine of preemption.”

Both federal and state officials must obey the U.S. Constitution.
To ensure freedom of religion, this article ensures that no public official be required to practice or pledge allegiance to any particular religion.



Article 7: Ratification
[Nine states, the minimum, ratified by mid 1788.]
Both North Carolina (in 1789) and Rhode Island (in 1790) ratified the Constitution after Congress passed the Bill of Rights and sent it to the states for ratification.