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Friday, February 22, 2008

AP Government - Does the Consititution Really Say That?

Okay, I once again am really late for this, but just in case someone really needs it, here's the work for the Constitution assignment:

The Constitution of 1787 is represented in the Appendix on page 703 of Government in America textbook, starting with the Preamble. You may also use a pocket Constitution. As you read, ask yourself if the Constitution follows through on the promises advertised in the Preamble. More specifically, see if you can locate the exact language (what Article and what section?) the writers of the Constitution used to express their solutions to such problems as….

1. Representation [exactly who is going to represent the people?]

Article I, Section 2: "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States..."
"Representatives and and direct [Taxes] shall be apportioned among the several States which may be included within this Union, according to their respective Number..."

Article I, Section 3: "The Senate of the United States shall be composed of two Senators from each state [chosen by the Legislature thereof], for six Years; and each Senator shall have one Vote."

Article II, Section 1: "The executive Power shall be vested in a President of the United States."
"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may entitled in Congress, bu tno Senator or Representative...shall be appointed Elector."

2. Slavery

Article I, Section 2: "...according to their respective Number [which shall be determined by adding to the whole Number of free Persons, including those not bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons]."

Article IV, Section 2: "[No Person held to Service or Labour in one State under the Laws thereof, escaping into another, shall, in Consequence os any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.]"

3. Making changes to the Constitution in the future

Article V, Section 1 (though technically unnumbered): "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution..."
"...[the Amendments] shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the severeal States, or by Conventions in three fourths thereof..."
"...Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no state, without its Consent, shall be deprived of its equal Suffrage in the Senate."

4. Protecting JUSTICE [avoiding too much democracy]

Article III, Section 1: "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

Article III, Section 2: "The judicial Power shall extend to all Cases..."

Article IV, Section 4: "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion, and on Application of Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence."

Article IV, Section 2: "A person charged in any State with Reason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up to be removed to the state having Jurisdiction of the Crime."

5. Protecting LIBERTY [avoiding tyranny]

Article I, Section 3: "The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation."
"Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, trust or Profit under the United States..."

Article I, Section 5: "Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member."

Article II, Section 1: "Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: -- "I do solemnly swear (or affirm) the I will faithfully execute the Office of the President of the United States, and will to the best of my Ability, preserve, protect, and defend the Constitution of the United States."

Article II, Section 4: "The President, Vice President, and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."

Article IV, Section 2: "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in several States."

Article VI, Section 1 (though unnumbered): "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to Support this Constitution..."
Where in the Constitution is there a reference to: (write the number)

Article Section Clause

1. The age requirement for serving in the House
(Art. I, Sect. 2, Clause 2)
2. The number of Senators from each state.
(Art. I, Sect. 3, Clause 1)
3. To be President, one must be US-born.
(Art. II, Sect. 1, Clause 5)
4. All revenue (tax) bills must originate in the House, not the Senate.
(Art. I, Sect. 7, Clause 1)
5. The intention to promote the General Welfare
(Preamble)
6. To have rights in one state entitles you to rights in all the states.
(Art. IV, Sec. 2, Clause 1)
7. The President serves a four-year term.
(Art. II, Sect. 1, Clause 1)
8. The trial of crimes shall be by jury.
(Art. III, Sect. 2, Clause 3)
9. Congress may not pass ex post facto laws.
(Art. I, Sect. 9, Clause 3)
10. Each states appoints electors.
(Art. II, Sect. 1, Clause 2)
11. The slave trade compromise.
(Art. I, Sect. 2, Clause 3)
12. Who presides over an impeachment trial?
The Senate: (Art. I, Sect. 3, Clause 6)
13. Who has the power to declare war?
Congress: (Art. I, Sect. 8, Clause 11)

In your own words, what does Article I, Section 8, Clause 18 mean?

Congress has the power to make any laws necessary at the time in order to
allow all branches of the government (and anything else that may apply to
either government or the Constitution) to run smoothly. Basically, Congress
can make whatever policy they need when they need it.

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