By Edwin Cooney
As stated in the Preamble, our founders established the Constitution for the following purposes: to form a more perfect union; to establish justice; to insure domestic tranquility; to provide for the common defense; to promote the general welfare and to secure the blessings of liberty to themselves and to their posterity.
There are seven original Articles to the Constitution. Article I creates the Congress of the United States to be the Legislative branch of the government, dividing it into a House of Representatives and a Senate. It sets forth qualifications for Congress’s election and allows both Houses to set its own rules. Among other things, Congress is also empowered to lay and collect taxes, duties, imposts and excises, to pay debts and to provide for the common defense and general welfare of the United States. Congress may borrow money, regulate commerce with foreign nations, and establish a uniform rule of naturalization and bankruptcies throughout the states. Congress may coin money and regulate the value thereof, punish counterfeiters, and establish post offices and post roads. Congress shall also have the power to declare war.
Article II establishes the Executive branch headed by the President as Chief Administrative Officer of the government as well as Commander-in-Chief of the military, who is elected by the states through an electoral college. With the advice and consent of the Senate, the president, among other things, may appoint members of the cabinet, judges of the supreme and inferior courts, appoint heads of departments and commissions, and propose and veto legislation.
Article III creates the judiciary branch of the government consisting of a Supreme Court and allows Congress to create a system of inferior federal courts. It grants lifetime tenure to members of the federal judiciary during good behavior. However, they are subject to impeachment if charged with high crimes or misdemeanors as are all federal officers. (Note: The Constitution does not grant the Supreme Court the power to declare laws unconstitutional. That would occur later by law! Additionally, Article III does not establish a specific number of justices to serve on the court. That number changes from time to time.)
Article IV, the full faith and credit article, validates the laws, records and judiciary proceedings of each state in relation to the other states. It also establishes domestic sovereignty of each state within the Union and denies the right of any state to subdivide into additional states.
Article V establishes the two major ways that the original Constitution may be amended. It also provides the method to be used in order to convene a future Constitutional Convention.
Article VI could be called the “all debts, contracts and engagements” article. It neither calls for a balanced budget, nor allows for deficit spending or a "line item veto."
Article VII describes the ratification process of the Constitution by the states as signed in Convention on Monday, September 17th, 1787.
Next come the first ten amendments otherwise known as the Bill of Rights.
Amendment I states that Congress shall pass no law establishing, prohibiting, or abridging the exercise of religion. It may not abridge the freedom of speech, of the press, or the right of the people to "peaceably assemble to petition the government for the redress of grievances.”
Amendment II: A well regulated Militia is essential for the security of a free state. Congress shall ensure the right of the people to "keep and bear arms" for the purpose of participating in such militias.
Amendment III. Without the consent of the owner, no soldier, during a time of peace, may be quartered in any home. During a time of war, a soldier can be quartered in a private home, but only in a manner prescribed by law.
Amendment IV guarantees the right of the people to be secure in their persons, houses, papers, effects against unreasonable searches and seizures. Warrants must be supported by probable cause.
Amendment V is mainly about the indictment and trial of any citizen under the due process of law. No citizen may be a witness against himself in court. Except in the military, any defendant has a right to indictment by a grand jury.
Amendment VI: All criminal prosecutions must provide a defendant with the following: a speedy and public trial by an impartial jury, to be informed of the nature and cause of the accusation, to be confronted by the witnesses against him, to have compulsory process of witnesses in his favor, and to have the assistance of counsel in his defense.
Amendment VII sets forth the proceedings under common, as opposed to criminal, law. Lawsuits must have a value greater than $20 and the right of trial by jury must be preserved. The facts in the preceding may not be examined or ruled upon by any other court in the United States.
Amendment VIII. Neither excessive bail, fines, nor cruel and unusual punishments shall be inflicted against criminal defendants.
Amendment IX: Enumeration in the Constitution of certain rights shall not be construed to deny or disparage other rights retained by the people.
Amendment X. The powers not delegated to the United States by the Constitution nor prohibited by it to the States are reserved to the States respectively or to the people.
Amendment XI asserts that the judiciary power of the United States does not extend to the citizens of one State in suit against another State, nor may a foreign entity bring suit against any State.
Amendment XII, passed in 1804, separates the election of the President and the Vice-President in the electoral college. Additionally, it governs voting procedures for President in the House and for Vice President in the Senate.
Since I've likely exhausted your memory and your patience, I'll present the remaining 15 Amendments in part two of this presentation.
Feel free to stay tuned or take a holiday next week!
RESPECTFULLY SUBMITTED,
EDWIN COONEY
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