The US Constitution Paraphrased
My attempt at rewording the U.S. Constitution into a modern English paraphrase in an effort to understand it better myself.
Preamble (Preface)
We the people of the United States decree and set up this Constitution [constructed framework] for the United States of America in order to:
- develop a stronger union
- set up a judicial system
- guarantee domestic peace within our borders
- provide a way to defend us all
- encourage the good of the general [national] public
- preserve the advantage of liberty for ourselves and our descendants
Article I (The Legislative Branch: Congress)
Article I § Section 1
The right to all legislative [law-making] functions shall be given to a Congress that will be composed of two parts: a Senate and a House of Representatives.
Article I § Section 2
Clause 1: Members of the House of Representatives will be chosen every two years by the people of the different states, and voters who are legally qualified to vote in their state may vote for their state's U.S. Representatives.
Clause 2: In order to be qualified to be a U.S. Representative, a person must be at least twenty-five years old, have been a U.S. citizen for seven years, and be an inhabitant of the state he wants to represent at the time he is elected.
Clause 3: The number of U.S. Representatives and amount of taxes for each state which is included in the Union will depend on the number of free people, including bond-servants, but not including Indians; slaves count as three-fifths of a person when taking this tally, even though they have no voting rights. [Taxes were based on the state's population rather than a person's income; repealed in the 16th amendment.] This census count will be taken within three years after Congress's first meeting, and every ten years after that, in whatever way is decided by law. Every thirty thousand people in a state will have one U.S. Representative, and states that have less than thirty thousand people will have one Representative. For now [before the first official census], that means New Hampshire will have three Representatives, Massachusetts eight, Rhode-Island one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
Clause 4: If a seat in the House of Representatives becomes vacant for any reason, the Executive Authority [that state's Governor] shall call for a special election to fill the vacancy.
Clause 5: The House of Representatives shall choose their own Speaker and other officers [clerk, sergeant at arms, postmaster, gatekeeper, etc]. Only the House of Representatives has the power and authority to impeach [accuse] executive and judiciary officials who are considered unfit to hold office. [If the House of Representatives does vote to impeach, then the Senate decides whether to convict the official and remove him from office.]
Article I § Section 3
Clause 1: Each state, regardless of size or population, will have two Senators. They will be chosen by the legislatures of their states [that was changed in 1913 so that they are now selected by the people] and their term shall be six years. Each Senator counts as one vote [in the Senate].
Clause 2: Their election schedule will be staggered so that one third of the Senate positions are up for election in any election year; election years are every two years. If there is a vacancy due to a resignation or any other reason during that state's legislative recess, the Governor of that state may appoint someone to fill in temporarily. [That was changed in 1913; now, a special election is called by the Governor.]
Clause 3: A Senator must be at least thirty years old, have been a U.S. citizen for nine years, and live in the state he is elected to serve.
Clause 4: The Vice President of the United States will be President of the Senate, but he will have no vote unless a tie-breaker is needed.
Clause 5: The Senate may choose a "President pro-tempore" [president for the time being] to fill in [typically, they choose a senior Senator from the party that has the majority] if the Vice President is absent [in practice, this happens frequently] or is required to fill in for the President of the U.S., and the Senate may choose its other officers [clerk, sergeant at arms, postmaster, gatekeeper, etc].
Clause 6: The Senate alone may bring impeached officials to trial and decide whether to convict and remove the impeached member from office. [Representatives impeach, Senators conduct the trial.] When Senators are in this role of trying an impeachment case, they are under solemn oath [to tell the truth?] When the President of the U.S. is the one being impeached, the Chief Justice [the highest ranking judge of the Supreme Court] shall manage the proceedings, and no impeached official can be convicted [and removed from office] unless two-thirds of the Senators who are present agree to convict him.
Clause 7: When an impeached official is convicted, the Senate only has the authority to remove that person from office and make him disqualified to hold any government office in the future, but the convicted person might still be liable to be arrested, tried, convicted, and punished by a regular court.
Article I § Section 4
Clause 1: State legislatures may decide when, where, and how to hold elections for their U.S. Senators and Representatives, but Congress may change those rules as needed, except for where to vote for Senators. [In 1842, Congress standardized elections across the nation, scheduling Election Day on the Tuesday after the first Monday in November.]
Clause 2: Congress must meet at least once a year starting on the first Monday in December unless a law is passed moving it to a different date. [The 20th Amendment moved it to January 3.]
Article I § Section 5
Clause 1: The House of Representatives and the Senate determine what the qualifications are for their own members, and decide issues about election results. Also, a majority [half plus one] of members of the House or Senate must be present to take a vote [this is called quorum; it means the number of a group who must be present], although fewer can be present to do day to day business. If a vote needs to be taken, the House or Senate can issue a quorum call, which means that absent members can be forced to show up for the vote, or else suffer whatever penalties are determined by the House or Senate.
Clause 2: The House and the Senate may decide their own procedure rules, decide how to punish members for disorderly behaviour, and kick out a member if two-thirds of their members agree to expel him.
Clause 3: Each House must keep records of their proceedings, and publish those documents for the public record, leaving out any parts that require privacy. As long as one-fifth of the members agree, each member's vote will be included in the published record. [The Congressional Record is published every day while Congress is in session.]
Clause 4: While Congress is in session, neither the House nor the Senate can adjourn [take a break] for more than three days unless the other [House or Senate] agrees, nor can they decide to meet somewhere else. [One House may not obstruct the other by deciding not to show up.]
Article I § Section 6
Clause 1: Senators and Representatives will get paid a salary which will be determined by law, from the U.S. Treasury. During the time Congress is in session [and they're working], and when they're travelling to or from Congress, they cannot be arrested unless they commit treason, a felony, or disturb the peace. They cannot be brought for legal questioning for anything they say during a speech or debate during a Congressional session. [This ensures that they can't be conveniently silenced or gotten out of the way by the opposing party.]
Clause 2: During the time a person is a Senator or a Representative, he can't be appointed to a federal position that was created or had a salary increase during his term of office, and no person in such a federal position can be a Senator or Representative while he's in that position. [The intent is to prevent corruption where one person delegates more benefits or powers to his 'other' position.]
[One source says this includes military -- a serviceman cannot be a Senator or Representative while he's also serving on active duty.]
Article I § Section 7
Clause 1: All bills to raise or create taxes must originate in the House of Representatives, but the Senate can still suggest changes just like they can with any other bills.
Clause 2: Once a Bill has passed the House of Representatives and the Senate, it must be presented to the President of the United States. If he approves of it the way it is, he will sign it and then it becomes law. Otherwise, he can veto it and return it to the the House where it originated, and let them know what his objections are. That House must record the President's objections in their public journal, and reconsider the Bill. If they reconsider it and two-thirds of that House vote to pass the Bill in spite of the President's objections, it must be sent, along with the President's objections, to the other House. They must also reconsider the Bill and take another vote. If two-thirds of that House approve the Bill, then it will become law. [Even if the President has objections, Congress can override his veto.] In both Houses, votes will be taken by saying "yay" or "nay," and the names of each person and how they voted will be entered in the public journal for that House. If a Bill is presented to the President and he neither signs it nor vetoes it after ten days (not counting Sunday), then it will become law just as if he had signed it -- unless Congress adjourns for the season before the ten days are up. Then it does not become law [this is called a Presidential "pocket veto."]
Clause 3: Any order, resolution, or vote that requires the House of Representatives and the Senate to work together [this is called a joint resolution, and is used for special circumstances], unless it's a question of when to adjourn, must still be presented to the President, just like any other Bill. If he signs it, it becomes law. If he vetoes it, it can still become law if two-thirds of Congress vote to approve it.
Article I § Section 8
Clause 1: Congress has the authority to impose and collect taxes, duties [taxes on imported or exported goods], imposts [taxes on imported goods], and excises [taxes on domestic goods] for the purpose of paying the national debt, and providing for the defense and general [as in national] welfare of the United States. All duties, imposts, and excises must be the same for every state. [In other words, Congress and not the President controls the country's money.]
Clause 2: Congress is allowed to borrow money on behalf of the United States [for defense or whatever purposes Congress has voted into law for the benefit of the nation. Savings bonds are one way the government borrows money.]
Clause 3: Congress has the authority to standardize trade with other countries, between the various states [one state with another state], and with the Indian tribes. [These are often considered three separate powers called the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. The interstate commerce clause can be controversial as it's a tricky area to balance with states rights and government overreach.]
Clause 4: Congress has the authority to establish a consistent process for naturalization [how immigrants become U.S. citizens]. Congress has the authority to establish consistent laws regarding bankruptcy across the United States. [Thus, bankruptcy standards are the same from state to state.]
Clause 5: Congress has the authority to print money and mint coins, and to determine their value, and to determine the value of U.S. money as compared to foreign money. Congress also has the authority to determine the standards of Weights and Measures. [Whether the U.S. ever switches to the metric system will be up to Congress to decide.]
Clause 6: Congress has the authority to punish anyone who counterfeits securities [such as bonds and stocks] and current money.
Clause 7: Congress may authorize Post Offices and build roads to connect them.
Clause 8: In order to promote scientific progress and useful arts [technology], Congress has the authority to set copyrights and patents for a limited time so that authors and inventors have exclusive rights to their writings and discoveries. [The intent was to protect intellectual property and allow these creators an income so they could go on creating.]
Clause 9: Congress has the authority to create tribunals [courts and judges] under the Supreme Court. [These lower courts include Courts of Appeals and District Courts.]
Clause 10: Congress has the authority to determine what counts as piracy, felony at sea, and offenses against the Law of Nations [a 1758 legal book that explained international law]. Congress has the authority to punish those who commit these offenses. [The sea is not under the jurisdiction of any state, and is thus under federal law.]
Clause 11: Congress has the authority to declare war [not the President], give letters of marque [a license allowing privateers to attack and capture enemy ships during war; at the time, Muslim pirates were terrorizing U.S. citizens overseas] and reprisal [permission to cross into foreign territory for revenge], and to make rules concerning prisoners of war, whether captured on land or at sea.
Clause 12: Congress has the authority to raise and pay for an army, but only for a two-year period. [The Founding Fathers were cautious about maintaining a permanent army after their experience with Britain's army.]
Clause 13: Congress has the authority to equip and keep up a Navy.
Clause 14: Congress has the authority to make rules to regulate the army and navy. [These rules are called the Articles of War.]
Clause 15: Congress has the authority to call out the militia [citizens trained to fight in an emergency] in order to enforce U.S. laws, restrain rebellions, and fight off foreign invasions. [Today, this role is considered officially filled by the National Guard, but technically consists of all able-bodied males aged 17 to 45; it also includes females in the National Guard. *]
Clause 16: Congress may organize, arm [and pay], and determine the training of the militia, and govern them when they are engaged in national service. But individual states may appoint the militia's officers, and train them according to Congress's directions.
Clause 17: Congress has the authority to have control over a specific District. This district must not be more than ten square miles of land that various states will give up for this purpose. When Congress has agreed on arrangements for this District, it shall become the capitol of the United States. Congress shall also have authority over lands in various states that they purchase for military forts, arsenals, dock yards, and whatever other buildings they need even when those facilities are within a state.
Clause 18: And finally, Congress may make whatever laws are reasonably needed to carry out the 18 clauses stated here, and other powers granted to them in the Constitution, or powers granted to any Government Department or Officer. [This clause is vague enough to be called "the elastic clause" and has been the justification to expand Congress's powers over the years.]
Article I § Section 9
Clause 1: Importing people [slaves] that the existing states now allow shall not be prohibited by Congress before the year 1808, but a tax of no more than ten dollars may be required for each person imported.
Clause 2: The writ [court order] of Habeas Corpus [Latin for 'you shall have the body;' it means you can't hold someone bodily in jail without legitimate charges] shall not be disregarded except during rebellions or foreign invasions when the public safety requires it. [A person can't be held in jail indefinitely without due process: a fair trial.]
Clause 3: Congress may not pass a Bill of Attainder [document declaring someone a traitor and taking their property or life without a trial] or ex post facto law. [Ex post facto literally means "after the fact;" you can't arrest someone for a crime that was legal at the time he did it by passing a law after the fact.]
Clause 4: There must not be a "per head" tax except in proportion to the state's population [rather than according to an individual's income; this was changed by the 16th amendment.]
Clause 5: Congress may not tax or collect duties on goods being transported from one state to another.
Clause 6: Congress may not give preference to a port in one state over another by making different financial regulations for them. Ships passing from one state to another must not be required to pay duties to that state to pass through or enter their port.
Clause 7: Nobody [not even the President himself] is allowed to use money from the U.S. Treasury unless Congress passes a law [called an appropriations bill] to allow it. Congress must publish records from time to time of how much tax money has come in, and how that public money has been spent.
Clause 8: The United States is not allowed to bestow any titles of nobility. Nobody in government service is allowed to accept any gift, payment, job, or title from any foreigner unless Congress has approved.
Article I § Section 10
Clause 1: No state is allowed to enter into any treaty or alliance with a foreign country. No state is allowed to give Letters of Marque and Reprisal [letters that authorize a ship to attack and plunder an enemy ship], mint their own coins, issue Bills of Credit [such as paper money], take anything but silver and gold [i.e., valid U.S. money backed by gold and silver] in payment of debts, pass a Bill of Attainder [document declaring someone a traitor and taking their property or life without a trial] or ex post facto law ["after the fact"], or any law that breaks a contract, and they may not bestow any titles of nobility. [States may not operate as if they were independent countries.]
Clause 2: States may not collect taxes or duties on imports or exports above what they need to pay for enforcing inspection laws, unless Congress approves. Any taxes or duties they collect on behalf of the U.S. Government must be given to the U.S. Treasury. All laws regarding their import and export taxes and duties can be revised and controlled by Congress.
Clause 3: Unless Congress approves, states may not charge duties on foreign ships, maintain an army or navy in peace time, negotiate agreements with other states or foreign countries, or wage war unless they are actually invaded or in such urgent danger that immediate action is necessary.
Article II (The Executive Branch)
Article II § Section 1
Clause 1: The executive power shall consist of a President. He will hold office for a four year term and have a Vice President elected at the same time. This is how he shall be elected:
Clause 2: Each state will appoint a number of Electors in whatever system their legislatures decide. There shall be as many Electors in each state as the number of that state's Senators and Representatives, but no Senator or Representative or government official can be appointed as an Elector.
Clause 3: The Electors will meet in their own states and vote by ballot for two people. One of those people cannot live in the state the Electors live in. The Electors will list the nominees and how many Electors voted for each of them. Then they must sign the list, certify it, seal it, and deliver it to Washington D.C. The President of the Senate [the Vice President] will open all the sealed lists from all the states and count the votes in front of the Senate and House of Representatives. Whoever has the most votes will be the President of the United States if he has a majority of votes [half plus one]. If there is a tie, then the House of Representatives will immediately take a vote to decide which of the two should be President. On the other hand, if no nominee has a majority of votes, then the House of Representatives will choose from among the five nominees with the most Elector votes. This is the system they should use: each state [not each Representative] shall have one vote. The quorum for this purpose [quorum is how many are required to be present to take a vote] is two-thirds of all existing states must be represented. A nominee must receive a majority of votes [half plus one] to win the Presidency. Whichever nominee has the next most votes will be the Vice President. If there is a tie for Vice President, the Senate will decide by ballot. [This was modified by the 12th Amendment.]
Clause 4: Congress may decide when the Electors will be selected, and on what date they will present their votes to Congress. That date will be the same throughout the U.S.
Clause 5: In order to be eligible for the Presidency, a person must be a natural born citizen [been born in the U.S., and/or been a U.S. citizen at birth], or a citizen at the time this Constitution was adopted. The person must be at least 35 years old and have lived in the U.S. for at least fourteen years.
Clause 6: If the President is removed from office, dies, resigns, or is unable to do his job as President for any reason, the Vice President shall take over his duties, and if both the President and Vice President die, resign, or are unable to do their job for any reason, then Congress shall decide who will stand in until they are no longer needed, or until another President is elected. [This was modified by the 25th Amendment.]
Clause 7: The President will receive a paycheck at specified times for his services. The amount will be the same throughout his term of office. During his term, he may not receive emoluments [additional tips and gifts] from the U.S. or any of the individual states.
Clause 8: Before the President begins his duties, he must take an inaugural oath: 'I solemnly swear (or affirm) that I will faithfully administer the office of President of the United States, and I promise to the best of my ability to preserve, protect, and defend the Constitution of the United States.'
Article II § Section 2
Clause 1: The President is Commander in Chief of the U.S. Army and Navy, and of the militia of the various states when they are needed to serve the U.S. government. The President may demand suggestions from the top officers of any government department about any subject related to their duties. [This group of top officers has evolved into the "cabinet".] The President has the authority to grant reprieves [delaying punishment] and pardons for people convicted of crimes against the United States, except in cases of impeachment.
Clause 2: The President has the authority to make treaties with foreign nations with the advice and approval of the Senate, but the treaty isn't ratified [officially approved] until two-thirds of the Senators who are present agree. The President shall nominate Ambassadors, other public Ministers and Consuls, Supreme Court Judges, and all other Officers of the United States whose appointments aren't prescribed here yet, but he needs the advice and approval of the Senate to officially appoint them. Congress has the authority to allow the President by himself to appoint any minor officers in lower law courts or department heads that they think appropriate.
Clause 3: The President has the authority to temporarily fill any vacancies that come up while the Senate is not in session by appointing someone to serve until the next Senate session ends. [This is called a "recess appointment."]
Article II § Section 3
From time to time, the President shall give the Congress information about how the country is doing [the 'state of the union'] and ask them to consider suggestions that he thinks are necessary and appropriate. On unusually urgent occasions, he may require one or both houses of Congress to convene [meet] for a special session. When Congress has a disagreement about when to adjourn [end their session], the President has the authority to tell them when to adjourn. The President will be the one to receive visits from foreign Ambassadors and other foreign public officials. The President must be sure that all of the laws [that are passed by Congress] are faithfully carried out and put into practice. The President will give commissions to military officers of the United States Armed Forces.
Article II § Section 4
If the President or Vice President or any U.S. officer is impeached for treason, bribery, or any other crime or misdemeanor [at the time, a misdemeanor meant non-criminal "bad behavior"] and convicted, he shall be removed from office. [Impeach means accused by the House of Representatives; the Senate conducts the trial to convict.]
Article III (The Judicial Branch)
Article III § Section 1
The judicial [legal] part of the United States will be settled in one supreme court, and as many inferior courts [lesser courts that serve under the Supreme Court] as Congress might add from time to time. Judges serving in both the supreme court and the inferior courts will retain their positions for as long as they're well behaved [judges have been impeached for disrespecting Congress, mismanagement, drunkenness, profanity]. They will get a salary at specified times, and their pay may not be decreased as long as they're in office.
Article III § Section 2
Clause 1: The judicial's authority will include legal cases and equity cases [applying flexibility to common law to find a fair balance between mercy and justice] that come up under this Constitution, or under the [federal] laws of the United States, or treaties that the United States makes. Their authority shall also include all cases that affect Ambassadors and foreign consuls, cases that happen at sea [because they aren't within the jurisdiction of any specific state], any controversies that involve the United States, any controversies between different states, or between one state and the citizens of another state, or between citizens of different states. Their authority also includes cases where citizens from one state claim land in another state, and cases involving a state or citizen of a state, and a foreign country or foreign citizen. [This was changed by the 11th Amendment.]
Clause 2: In cases that affect Ambassadors and other foreign officials, and cases where one of the states is a party, the Supreme Court will have original jurisdiction [those cases don't need to start in lower courts and work their way up to the Supreme Court]. In all of the other kinds of cases listed above, the Supreme Court will have appellate jurisdiction [those cases start in the lower courts and must be appealed to be heard by the Supreme Court], regarding both law [unraveling legal terms and actual rules] and fact [evidence], with whatever exceptions Congress might make later.
Clause 3: Trials will be done in front of a jury [even at the Supreme Court level, trial by a jury of one's peers was considered a foundation of justice] except in cases where a government official is being impeached. Trials will take place in the state where the crime was committed. If the crime wasn't committed in any one state, then the trial will take place wherever Congress decides.
Article III § Section 3
Clause 1: The only way a person can be accused of treason against the United States is if they wage war against the U.S., or side with their enemies by giving them help and support. Nobody can be convicted of treason unless two witnesses testify to the same obvious action, or if someone confesses under oath in open court [a court that the public is allowed to attend].
Clause 2: Congress has the authority to decide what punishment a person should get for treason, but punishment for treason may not be carried out against the relatives of the accused, and the property of a person convicted of treason cannot be taken away from his family after he has died.
Article IV (States' Relationships with Each Other)
Article IV § Section 1
Individual states must respect and honor the laws, records [including licenses], and court rulings of every other state. Congress may make laws that determine the way in which these laws, records, and court rulings will be verified as valid, and what their results will be.
Article IV § Section 2
Clause 1: The citizens of each state are entitled to all the rights and protections that citizens have in the other states.
Clause 2: If a person is accused of treason, felony, or other crime in one state and flees from justice to another state, and if the executive authority [governor] of the state where he committed the crime demands that he be delivered up to stand trial [extradited], then he must be returned to the state where he committed the crime to face justice.
Clause 3: If a person is obligated to do service or work in one state under its laws, and he escapes to a different state, that state's laws don't remove his original obligation. If the person [or organization] he's obligated to demands that he come back and fulfill his obligation, he must be returned. [This was a vague way of saying that a slave who escaped into a "free state" where slavery was forbidden must be returned to his owner. This clause was abolished by the 13th Amendment.]
Article IV § Section 3
Clause 1: New states may be added to the United States by Congress, but a state can't be formed within the territory of another state, and a new state can't be formed by joining two or more states together, or parts of two or more states, unless the individual legislatures of those states as well as the U.S. Congress agree. [The intent was to increase the U.S. by making states out of the western frontier rather than by dividing up the existing thirteen states into smaller states.]
Clause 2: Congress has the authority to make whatever laws are needed regarding territories or other properties belonging to the United States. Nothing in this Constitution should be interpreted so that it changes any claims the U.S. has on any territory, or any claims that a state has on any territory. [This placed any western territory under federal jurisdiction.]
Article IV § Section 4
Every state in the union is guaranteed a Republican [representative] form of state government, and is entitled to federal protection from foreign invasion. If a state asks Congress or the President (if Congress is not in session) for help with violence in their state [such as a revolt], they are entitled to federal protection and aid.
Article V (How to Make Amendments)
Whenever two-thirds of both Houses of Congress decide that it's necessary, Congress may suggest Amendments [changes] to this Constitution. Or, if the legislatures of two-thirds of the individual states agree, a convention [meeting] may be called to suggest Amendments. In either of those two scenarios, an Amendment will be a valid part of this Constitution after three-fourths of the state legislatures or three-fourths of the conventions held in them agree, depending on which one is suggested by Congress. No Amendment made before 1808 may in any way affect the first [importing slaves] and fourth [taxes] clauses in Article I, section 9. And no Amendment can be made that deprives any state of its entitled representation and vote in the Senate unless the state agrees.
Article VI (Debts, National Supremacy, Oaths of Office)
Clause 1: All debts that were made before this Constitution was adopted are just as valid as they were when there was a Confederation rather than a United States.
Clause 2: This Constitution and any laws that may be made according to this Constitution, and any treaties that are made under the authority of the United States, will be the highest law of the land, and judges in every state will be bound to abide by them, overriding any state laws or treaties. [This is called the "Supremacy Clause" and is considered the glue that binds the states together as one nation.]
Clause 3: Senators, Representatives, members of state legislatures, and all executive officers and judges, whether of the United States or of any individual state, must take an oath promising to abide by this Constitution, but no religious test will ever be a requirement for being qualified to a position of office or government role under the United States.
Article VII (Ratification)
Only nine states [out of thirteen] are needed to ratify this Constitution to establish it and make it binding.
_____________
This Constitution was approved by the unanimous consent of all of the states that were present in this convention [meeting] on September 17, 1787, and the twelfth year of the Independence of the United States of America. We have signed our names as witnesses:
Following are signatures from George Washington and 38 representatives from Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, New Hampshire, Massachusetts, Connecticut, New York, New Jersey, and Pennsylvania.
[Representatives from all the states except Rhode Island, which was not there, signed the Constitution. Once it was signed, it was sent out, and each state held a convention to discuss whether their state would ratify -- or officially approve -- the Constitution. Nine states were required to ratify it for it to become the law of the land. "The Federalist Papers" is a collection of essays written over seven months to convince the people to ratify the new Constitution. Lars Johnson wrote that these essays are "considered the most authoritative of all writings about the Constitution." Eventually, all thirteen states ratified the Constitution, but most ratified with the understanding that amendments guaranteeing citizens certain privileges and freedoms -- a "Bill of Rights" -- would be added so that the new government could not repeat Britain's tyranny.]
Amendments
Preamble
The United States Congress started a Congressional session in New York on March 4, 1789.
The conventions [meetings] of some of the states that signed and ratified the Constitution expressed a desire to clarify and add some restrictive clauses in order to avoid misunderstandings and prevent anyone from using this Constitution to abuse their authority. This will also give the public more confidence in their government and ensure that their government is used for good.
The convention decided, with two-thirds of the legislators from both Houses agreeing, that the following articles should be suggested as Amendments to the Constitution. All or any of these will become part of the Constitution after they have been ratified [officially approved] by three-fourths of the state legislatures.
The process for amending the Constitution is outlined in Article V of the Constitution.
Amendment 1 (Freedom of Expression and Freedom of Religion)
Congress may not make any law that establishes a religion, or forbids the free exercise of religion. Congress may not make any law that reduces the freedom of speech or the freedom of the press [news publishers; there must be no state-controlled media]. Congress may not make any law that reduces the right of the people to meet together peaceably [without strife or disorder; behaved] and to ask the government to remedy their complaints.
Amendment 2 (The Right to Bear Arms)
Since a well-managed militia [an army whose members are not professional soldiers] is necessary to guarantee that the government will remain free, the right of the people to keep and carry weapons may not be violated. [Legally, the militia consists of all able-bodied males aged 17 to 45; it also includes females in the National Guard. *]
Amendment 3 (Housing Soldiers)
During peace time, no soldier may be housed in anyone's home unless the owner agrees. In war time, soldiers may be housed in homes only on specific terms that the law allows.
Amendment 4 (Search and Seizure)
The people have a right to be safe from bodily harm, and to be assured of the security of their homes, their paperwork, and their personal belongings against any unreasonable searches and seizures [confiscation]. There must not be any search and seize warrants issued unless there is probable cause [a belief that the person likely did some crime], and the reason is expressed under oath or affirmation [solemn declaration] with a specific description of the place to be searched and the persons or items to be seized.
Amendment 5 (Rights of Individuals)
No person can be imprisoned to answer for a capital crime or other heinous crime unless they are charged or indicted [formally accused] by a Grand Jury [average people who decide whether charges should be brought against a suspect] except in cases that happen in the army, in the navy, or in the militia, while the suspect was serving during time of war or public danger. A person may not be subjected to having their life or health jeopardized for the same crime twice [double jeopardy]. No suspect can be forced to testify against his own self, nor can a suspect have his life, freedom, or property taken away from him without due process [a fair and legal trial]. Private property may not be taken for the public to use without paying the owner a fair price for it.
Amendment 6 (Rights of Accused in Criminal Prosecutions)
In all criminal prosecutions, the accused person has the right to a prompt and public trial [where everybody can see that he's treated fairly] decided by an unbiased jury in the same state and district where the crime was committed, and that place must be verified as the right place by law. The accused person must be informed about what he's being accused of. He must have the opportunity to face [and challenge] the people testifying against him. There must be a way of providing witnesses who will testify in his favor [even if those witnesses have to be commanded to testify, which is called a subpoena], and he has the right to have legal counsel to help him defend himself.
Amendment 7 (Civil Trials)
In law suits of common law [non-criminal civil cases where a judge decides because the written law isn't clear], if the controversy involves something that's worth more than twenty dollars, the person who has been accused has the right to a jury trial. Once the jury has made its decision, no court can re-open the case unless it's according to the rules of the common law.
Amendment 8 (Additional Guarantees in Criminal Cases)
Accused persons must not be required to pay excessive bail [a deposit of money to guarantee that they'll show up for their trial in exchange for being allowed to wait at home instead of in jail]. A person must not be required to pay excessive fines, or suffer cruel and unusual punishment. [But who decides what "excessive" or "cruel and unusual" means?]
Amendment 9 (Unspecified Rights)
Specifying certain rights in this Constitution does not mean that the people don't have other rights simply because they aren't listed here.
Amendment 10 (Authority That is Reserved for States)
Any authority or powers that are not assigned to the federal government and are not forbidden for the states by the Constitution are reserved for individual states, or for the people themselves, to decide.
Amendment 11 (Lawsuits Against States) 1795
The Supreme Court's authority does not extend to any law suit or equity suit that is initiated against one state by citizens of another state, or by subjects of a foreign country. [A law suit is based on legal rules and usually results in monetary damages; an equity suit is a fairness issue determined by a judge and can result in non-monetary actions.]
Amendment 12 (Election of the President) 1804
The Electors should meet in their own states and vote for the President and Vice President. At least one of the candidates must not be an inhabitant of that state. The Electors should each cast one ballot for their choice of President, and a separate ballot for their choice of Vice President. They should list all of the candidates for President, and all of the candidates for Vice President, and write down how many votes each of them received from the Electors. Then they must sign and seal the lists and deliver them to the head of the Senate [the Vice President]. He should open the lists in the presence of the rest of the Senate and the House of Representatives and the votes should be tallied. Whoever has the most votes for President shall be the President if he has received a majority [half plus one] of Elector votes. If no one has a majority, then one of the two or three candidates with the most votes should be chosen by ballot by the House of Representatives -- but each state [not each Representative] shall have only one vote. A quorum [minimum number who are required to be present to take a vote] will consist of two-thirds of the states, and a majority of votes from all the states [not just the ones present] is required to be selected as President. If the House of Representatives does not choose a President before March 4, then the Vice President will act as President, just like he would if the President had died or was otherwise unable to fill his role.
The Vice President candidate who has the most votes will be the Vice President if he has a majority [half plus one] of votes from the Electors. If no candidate has a majority, then the Senate shall choose a Vice President from the two candidates with the most votes. A quorum [how many are required for there to be enough to take a vote] for this purpose will be two-thirds of all the Senators, and a majority of votes from all of the Senators [not just the ones who are present] is required to be selected as Vice President. The requirements to be eligible for Vice President are the same as they are for a President.
Amendments 13, 14, and 15 are called The Civil War Amendments.
Amendment 13 (Banning Slavery) 1865
Neither slavery nor involuntary servitude [being unwillingly forced to work] is allowed to exist in the United States or any place subject to the laws of the United States, except in cases where a person who has been fairly tried and convicted is being punished for a crime.
Congress has the authority to pass whatever laws are necessary to enforce this Amendment.
Amendment 14 (Privileges of Citizenship, Due Process, Right to Vote) 1868
1. Any person born or naturalized [immigrants who are granted citizenship] in the United States and subject to its laws [such as a freed slave] is considered a citizen of the United States and a citizen of the state where he lives. No state is allowed to pass a law that decreases the privileges or exemptions of any U.S. citizen. No state is allowed to deprive any person of life, liberty, or property without due process of law [a fair trial]. No state is allowed to deny the equal protection of laws to any person under its authority.
2. Representatives shall be allocated among the different states according to their populations, counting each as a whole person [no more counting slaves as 3/5 of a person], but not counting Indians who don't have to pay taxes. If any male citizens who are at least 21 years old and have not participated in any rebellion or other crime are denied the right to vote or are limited in their right to vote for state Electors for a Presidential or Vice Presidential election, or their U.S. Representatives, or their governor or judges or state legislature, then the federal government will reduce that state's number of Representatives by not counting those voters as part of the state's voting population.
3. If any person has taken an oath to support the Constitution as a U.S. legislator, government official of the United States, or governor or state legislator or other official of his state, and then engaged in insurrection or rebellion against the United States, or helped or supported the enemies of the U.S. Constitution, then that person cannot be a U.S. Senator, U.S. Representative, Elector for Presidential or Vice Presidential elections, or hold any government position under the United States or under any state. But Congress can remove this restriction if two-thirds of each House agrees. [This was Congress's answer to the question of how to deal with politicians who had sided with the Confederacy after the Civil War.]
4. Federal debts that were authorized legally, including any debts acquired to pay pensions [fixed sums] and bounties [rewards] to those who helped to suppress insurrection or rebellion, shall not be questioned as to their validity. But neither the United States nor any individual state is obligated to take on or repay any debt acquired in order to help or support insurrection or rebellion against the United States, or any compensation for the loss of a slave who was freed. Those kinds of debts are considered illegal and invalid.
5. Congress has the authority to pass whatever laws are needed to enforce this Amendment.
Amendment 15 (Rights of Citizens to Vote) 1870
The right to vote may not be denied or limited by the United States or by any individual state because of a person's race, skin color, or previous condition of service [i.e., because he had been a slave].
Congress has the authority to pass whatever laws are needed to enforce this Amendment.
Amendment 16 (Income Tax) 1913
Congress has the authority to create and collect taxes from citizens based on their income, no matter how they got that income, and Congress doesn't have to share it with individual states or base it on a census of population.
Amendment 17 (Senators Elected by The People) 1913
1. The U.S. Senate will have two Senators from each state who are elected by the people of their states [instead of by their state legislators]. They will be elected for a six year term. Senators will each have one vote in the Senate. The requirements for a citizen to be eligible to vote for a Senator are the same as they are to vote for a state legislator in their state's largest legislative branch [usually their State Representatives].
2. When there is an unexpected vacancy in the Senate, the executive authority [the governor] of the state missing a Senator will call for a special election to vote for a new Senator unless that state's legislature has given the governor the authority to appoint someone to fill in until a regular election.
3. This Amendment should not be misunderstood to mean that it affects the election or term of any existing Senator who was serving before this Amendment was ratified.
Amendment 18 (Prohibition of Alcohol) 1919
1. One year after this Amendment is ratified, the making, selling, and transporting of alcoholic beverages for drinking purposes within the United States or any territories subject to the laws of the U.S., and the importing or exporting it to or from foreign countries is outlawed.
2. Congress and individual states have the simultaneous authority to pass whatever laws are needed to enforce this Amendment.
3. This new law will not go into effect unless it is ratified as a Constitutional Amendment by the legislatures of three-fourths of the various individual states, as indicated in this Constitution, within seven years after Congress submits it to the states to vote on.
Amendment 19 (Women's Suffrage [Right to Vote]) 1920
A U.S. citizen's right to vote may not be denied or limited by the United States or by any individual state because of their gender.
Congress has the authority to pass whatever laws are needed to enforce this Amendment.
Amendment 20 (Terms of Officials, Presidential Vacancy) 1933
1. The President's and Vice President's terms of office end at noon on January 20th, and Senators' and Representatives' terms end at noon on January 3rd of the same year their term would have ended before this Amendment existed. When the outgoing official's term ends, his successor's term will begin [instead of in March].
2. Congress must assemble [meet] at least once a year, and that meeting will begin at noon on January 3rd unless a law is passed moving it to another day.
3. If January 20th arrives and the newly elected President ["President elect"] has died, the newly elected Vice President will become President. If a President has not been chosen by January 20th, or if the newly elected President has failed to be qualified to be President, then the newly elected Vice President will become President. Congress may pass a law to determine what to do if both the newly elected President and his newly elected Vice President fail to be qualified for their offices. This law will state who is to become the President in such a case, or lay out a process to select someone to fill in until a President or Vice President has become qualified. [This hypothetical scenario has never happened.]
4. Congress may pass a law to decide what to do if any of the candidates the House Representatives is to select as President should die when such a decision needs to be made, or if any of the Vice Presidential candidates should die when the Senators need to make such a decision. [This hypothetical scenario has never happened, either.]
5. Sections 1 and 2 will take effect on the first October 15 after this Amendment is ratified.
6. This new law will not go into effect unless it is ratified as a Constitutional Amendment by the legislatures of three-fourths of the various individual states, within seven years after Congress submits it to the states to vote on.
Amendment 21 (Repeal of Prohibition/Amendment 18) 1933
1. The 18th Amendment to the Constitution of the U.S. is repealed [cancelled].
2. Transporting or importing alcoholic beverages into any state, territory, or U.S. possession where alcohol is still prohibited is outlawed.
3. This new law will not go into effect unless it is ratified as a Constitutional Amendment by Conventions [meetings] of three-quarters of the various individual states, as the Constitution says, within seven years after Congress submits it to the states to vote on.
Amendment 22 (President: Two Terms Only) 1951
1. No person can be elected as President more than twice. If a person has served as President more than two years during someone else's term [if a Vice President has filled in because of the death of a President and served in this capacity for two years], then he may only be elected as President once. This Amendment does not apply to whoever is serving as President at the time this Amendment was suggested by Congress [Truman]. This Amendment does not prevent whoever is serving as President when this Amendment takes effect from completing his term in office [even if, hypothetically, that person is serving a third term].
2. This new law will not go into effect unless it is ratified as a Constitutional Amendment by the legislatures of three-quarters of the various individual states within seven years after Congress submits it to the states to vote on.
Amendment 23 (Presidential Electors for Washington D.C.) 1961
1. The District that is the seat of the U.S. government [Washington D.C.] may appoint Electors [as part of the Electoral College, who cast votes for the President] using whatever method Congress decides. Their number of Electors will be the same as whatever number of Senators and Representatives they would have if they were an individual state, but this number may not be more than the state with the least population [3]. These Electors will be added to the number of existing Electors just as if they were Electors for one of the individual states. They will meet in Washington D.C. and do the duties of Electors as laid out in the 12th Amendment.
2. Congress has the authority to pass whatever laws are needed to enforce this Amendment.
Amendment 24 (No More Poll Tax to Qualify to Vote in Federal Elections) 1964
The right to vote in any primary or other election for a President, Vice President, Elector, Senator, or U.S. Representative may not be denied or limited by the United States or by any individual state because the voter failed to pay a poll tax [voting fee designed to keep the poor from voting] or any other tax.
Congress has the authority to pass whatever laws are needed to enforce this Amendment.
Amendment 25 (Presidential Vacancy, Disability, and Inability) 1967
1. If the President is removed from office, or dies, or resigns, the Vice President will become President.
2. If the Vice President is removed from office, or dies, or resigns, the President will nominate someone to take his place. If a majority [half plus one] from both Houses of Congress agree to confirm him, then that candidate will be the new Vice President.
3. If the President submits a written notice to the "President pro tempore of the Senate" [second highest-ranking official in the Senate and generally the majority leader; the highest-ranking is the Vice President of the U.S.] and to the Speaker of the House of Representatives that he is [temporarily] unable to do his duties, the Vice President will fill in as Acting President until the President submits another written notice that he is ready to take on his duties again.
4. If the Vice President and a majority of either the President's Cabinet [the main officials of the executive departments] or whichever group of people Congress decides by law submits a written notice to the "President pro tempore of the Senate" and to the Speaker of the House of Representatives stating that the President is unable to do his duties [in a case where the President is unable to write a note himself], then the Vice President will fill in as Acting President.
Later, when the President submits written notice to the "President pro tempore of the Senate" and the Speaker of the House of Representatives stating that he is able to resume his duties, he will act as President again -- unless, within four days, the Vice President and the President's Cabinet or whichever group of people Congress decides by law submit a written notice to the "President pro tempore of the Senate" and to the Speaker of the House of Representatives stating that the President is unable to do his duties. In such a case, Congress will decide. They must assemble [meet] within forty-eight hours if they are not currently in session. Within twenty-one days of receiving the written notice, or within twenty-one days of assembling if a special session was called because Congress was not in session, if two-thirds of Congress agrees that the President is unable to do his job, then the Vice President will continue as Acting President. If two-thirds of Congress does not agree that the President is unable to do his job, then the President will resume his duties.
Amendment 26 (Lowering the Voting Age to 18) 1971
1. The right of U.S. citizens who are 18 years old or older to vote may not be denied or limited by the United States or by any individual state because of their age.
2. Congress has the authority to pass whatever laws are needed to enforce this Amendment.
Amendment 27 (Congressional Raises) 1992
Any laws made that change how much money Senators and Representatives are paid will not take effect until the next [regularly scheduled] election of Representatives.
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Gary and Carolyn Alder's Freedom Formula Blog has a free study through the Constitution that goes through specific terms.
Preamble (Preface)
We the people of the United States decree and set up this Constitution [constructed framework] for the United States of America in order to:
- develop a stronger union
- set up a judicial system
- guarantee domestic peace within our borders
- provide a way to defend us all
- encourage the good of the general [national] public
- preserve the advantage of liberty for ourselves and our descendants
Article I (The Legislative Branch: Congress)
Article I § Section 1
The right to all legislative [law-making] functions shall be given to a Congress that will be composed of two parts: a Senate and a House of Representatives.
Article I § Section 2
Clause 1: Members of the House of Representatives will be chosen every two years by the people of the different states, and voters who are legally qualified to vote in their state may vote for their state's U.S. Representatives.
Clause 2: In order to be qualified to be a U.S. Representative, a person must be at least twenty-five years old, have been a U.S. citizen for seven years, and be an inhabitant of the state he wants to represent at the time he is elected.
Clause 3: The number of U.S. Representatives and amount of taxes for each state which is included in the Union will depend on the number of free people, including bond-servants, but not including Indians; slaves count as three-fifths of a person when taking this tally, even though they have no voting rights. [Taxes were based on the state's population rather than a person's income; repealed in the 16th amendment.] This census count will be taken within three years after Congress's first meeting, and every ten years after that, in whatever way is decided by law. Every thirty thousand people in a state will have one U.S. Representative, and states that have less than thirty thousand people will have one Representative. For now [before the first official census], that means New Hampshire will have three Representatives, Massachusetts eight, Rhode-Island one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
Clause 4: If a seat in the House of Representatives becomes vacant for any reason, the Executive Authority [that state's Governor] shall call for a special election to fill the vacancy.
Clause 5: The House of Representatives shall choose their own Speaker and other officers [clerk, sergeant at arms, postmaster, gatekeeper, etc]. Only the House of Representatives has the power and authority to impeach [accuse] executive and judiciary officials who are considered unfit to hold office. [If the House of Representatives does vote to impeach, then the Senate decides whether to convict the official and remove him from office.]
Article I § Section 3
Clause 1: Each state, regardless of size or population, will have two Senators. They will be chosen by the legislatures of their states [that was changed in 1913 so that they are now selected by the people] and their term shall be six years. Each Senator counts as one vote [in the Senate].
Clause 2: Their election schedule will be staggered so that one third of the Senate positions are up for election in any election year; election years are every two years. If there is a vacancy due to a resignation or any other reason during that state's legislative recess, the Governor of that state may appoint someone to fill in temporarily. [That was changed in 1913; now, a special election is called by the Governor.]
Clause 3: A Senator must be at least thirty years old, have been a U.S. citizen for nine years, and live in the state he is elected to serve.
Clause 4: The Vice President of the United States will be President of the Senate, but he will have no vote unless a tie-breaker is needed.
Clause 5: The Senate may choose a "President pro-tempore" [president for the time being] to fill in [typically, they choose a senior Senator from the party that has the majority] if the Vice President is absent [in practice, this happens frequently] or is required to fill in for the President of the U.S., and the Senate may choose its other officers [clerk, sergeant at arms, postmaster, gatekeeper, etc].
Clause 6: The Senate alone may bring impeached officials to trial and decide whether to convict and remove the impeached member from office. [Representatives impeach, Senators conduct the trial.] When Senators are in this role of trying an impeachment case, they are under solemn oath [to tell the truth?] When the President of the U.S. is the one being impeached, the Chief Justice [the highest ranking judge of the Supreme Court] shall manage the proceedings, and no impeached official can be convicted [and removed from office] unless two-thirds of the Senators who are present agree to convict him.
Clause 7: When an impeached official is convicted, the Senate only has the authority to remove that person from office and make him disqualified to hold any government office in the future, but the convicted person might still be liable to be arrested, tried, convicted, and punished by a regular court.
Article I § Section 4
Clause 1: State legislatures may decide when, where, and how to hold elections for their U.S. Senators and Representatives, but Congress may change those rules as needed, except for where to vote for Senators. [In 1842, Congress standardized elections across the nation, scheduling Election Day on the Tuesday after the first Monday in November.]
Clause 2: Congress must meet at least once a year starting on the first Monday in December unless a law is passed moving it to a different date. [The 20th Amendment moved it to January 3.]
Article I § Section 5
Clause 1: The House of Representatives and the Senate determine what the qualifications are for their own members, and decide issues about election results. Also, a majority [half plus one] of members of the House or Senate must be present to take a vote [this is called quorum; it means the number of a group who must be present], although fewer can be present to do day to day business. If a vote needs to be taken, the House or Senate can issue a quorum call, which means that absent members can be forced to show up for the vote, or else suffer whatever penalties are determined by the House or Senate.
Clause 2: The House and the Senate may decide their own procedure rules, decide how to punish members for disorderly behaviour, and kick out a member if two-thirds of their members agree to expel him.
Clause 3: Each House must keep records of their proceedings, and publish those documents for the public record, leaving out any parts that require privacy. As long as one-fifth of the members agree, each member's vote will be included in the published record. [The Congressional Record is published every day while Congress is in session.]
Clause 4: While Congress is in session, neither the House nor the Senate can adjourn [take a break] for more than three days unless the other [House or Senate] agrees, nor can they decide to meet somewhere else. [One House may not obstruct the other by deciding not to show up.]
Article I § Section 6
Clause 1: Senators and Representatives will get paid a salary which will be determined by law, from the U.S. Treasury. During the time Congress is in session [and they're working], and when they're travelling to or from Congress, they cannot be arrested unless they commit treason, a felony, or disturb the peace. They cannot be brought for legal questioning for anything they say during a speech or debate during a Congressional session. [This ensures that they can't be conveniently silenced or gotten out of the way by the opposing party.]
Clause 2: During the time a person is a Senator or a Representative, he can't be appointed to a federal position that was created or had a salary increase during his term of office, and no person in such a federal position can be a Senator or Representative while he's in that position. [The intent is to prevent corruption where one person delegates more benefits or powers to his 'other' position.]
[One source says this includes military -- a serviceman cannot be a Senator or Representative while he's also serving on active duty.]
Article I § Section 7
Clause 1: All bills to raise or create taxes must originate in the House of Representatives, but the Senate can still suggest changes just like they can with any other bills.
Clause 2: Once a Bill has passed the House of Representatives and the Senate, it must be presented to the President of the United States. If he approves of it the way it is, he will sign it and then it becomes law. Otherwise, he can veto it and return it to the the House where it originated, and let them know what his objections are. That House must record the President's objections in their public journal, and reconsider the Bill. If they reconsider it and two-thirds of that House vote to pass the Bill in spite of the President's objections, it must be sent, along with the President's objections, to the other House. They must also reconsider the Bill and take another vote. If two-thirds of that House approve the Bill, then it will become law. [Even if the President has objections, Congress can override his veto.] In both Houses, votes will be taken by saying "yay" or "nay," and the names of each person and how they voted will be entered in the public journal for that House. If a Bill is presented to the President and he neither signs it nor vetoes it after ten days (not counting Sunday), then it will become law just as if he had signed it -- unless Congress adjourns for the season before the ten days are up. Then it does not become law [this is called a Presidential "pocket veto."]
Clause 3: Any order, resolution, or vote that requires the House of Representatives and the Senate to work together [this is called a joint resolution, and is used for special circumstances], unless it's a question of when to adjourn, must still be presented to the President, just like any other Bill. If he signs it, it becomes law. If he vetoes it, it can still become law if two-thirds of Congress vote to approve it.
Article I § Section 8
Clause 1: Congress has the authority to impose and collect taxes, duties [taxes on imported or exported goods], imposts [taxes on imported goods], and excises [taxes on domestic goods] for the purpose of paying the national debt, and providing for the defense and general [as in national] welfare of the United States. All duties, imposts, and excises must be the same for every state. [In other words, Congress and not the President controls the country's money.]
Clause 2: Congress is allowed to borrow money on behalf of the United States [for defense or whatever purposes Congress has voted into law for the benefit of the nation. Savings bonds are one way the government borrows money.]
Clause 3: Congress has the authority to standardize trade with other countries, between the various states [one state with another state], and with the Indian tribes. [These are often considered three separate powers called the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. The interstate commerce clause can be controversial as it's a tricky area to balance with states rights and government overreach.]
Clause 4: Congress has the authority to establish a consistent process for naturalization [how immigrants become U.S. citizens]. Congress has the authority to establish consistent laws regarding bankruptcy across the United States. [Thus, bankruptcy standards are the same from state to state.]
Clause 5: Congress has the authority to print money and mint coins, and to determine their value, and to determine the value of U.S. money as compared to foreign money. Congress also has the authority to determine the standards of Weights and Measures. [Whether the U.S. ever switches to the metric system will be up to Congress to decide.]
Clause 6: Congress has the authority to punish anyone who counterfeits securities [such as bonds and stocks] and current money.
Clause 7: Congress may authorize Post Offices and build roads to connect them.
Clause 8: In order to promote scientific progress and useful arts [technology], Congress has the authority to set copyrights and patents for a limited time so that authors and inventors have exclusive rights to their writings and discoveries. [The intent was to protect intellectual property and allow these creators an income so they could go on creating.]
Clause 9: Congress has the authority to create tribunals [courts and judges] under the Supreme Court. [These lower courts include Courts of Appeals and District Courts.]
Clause 10: Congress has the authority to determine what counts as piracy, felony at sea, and offenses against the Law of Nations [a 1758 legal book that explained international law]. Congress has the authority to punish those who commit these offenses. [The sea is not under the jurisdiction of any state, and is thus under federal law.]
Clause 11: Congress has the authority to declare war [not the President], give letters of marque [a license allowing privateers to attack and capture enemy ships during war; at the time, Muslim pirates were terrorizing U.S. citizens overseas] and reprisal [permission to cross into foreign territory for revenge], and to make rules concerning prisoners of war, whether captured on land or at sea.
Clause 12: Congress has the authority to raise and pay for an army, but only for a two-year period. [The Founding Fathers were cautious about maintaining a permanent army after their experience with Britain's army.]
Clause 13: Congress has the authority to equip and keep up a Navy.
Clause 14: Congress has the authority to make rules to regulate the army and navy. [These rules are called the Articles of War.]
Clause 15: Congress has the authority to call out the militia [citizens trained to fight in an emergency] in order to enforce U.S. laws, restrain rebellions, and fight off foreign invasions. [Today, this role is considered officially filled by the National Guard, but technically consists of all able-bodied males aged 17 to 45; it also includes females in the National Guard. *]
Clause 16: Congress may organize, arm [and pay], and determine the training of the militia, and govern them when they are engaged in national service. But individual states may appoint the militia's officers, and train them according to Congress's directions.
Clause 17: Congress has the authority to have control over a specific District. This district must not be more than ten square miles of land that various states will give up for this purpose. When Congress has agreed on arrangements for this District, it shall become the capitol of the United States. Congress shall also have authority over lands in various states that they purchase for military forts, arsenals, dock yards, and whatever other buildings they need even when those facilities are within a state.
Clause 18: And finally, Congress may make whatever laws are reasonably needed to carry out the 18 clauses stated here, and other powers granted to them in the Constitution, or powers granted to any Government Department or Officer. [This clause is vague enough to be called "the elastic clause" and has been the justification to expand Congress's powers over the years.]
Article I § Section 9
Clause 1: Importing people [slaves] that the existing states now allow shall not be prohibited by Congress before the year 1808, but a tax of no more than ten dollars may be required for each person imported.
Clause 2: The writ [court order] of Habeas Corpus [Latin for 'you shall have the body;' it means you can't hold someone bodily in jail without legitimate charges] shall not be disregarded except during rebellions or foreign invasions when the public safety requires it. [A person can't be held in jail indefinitely without due process: a fair trial.]
Clause 3: Congress may not pass a Bill of Attainder [document declaring someone a traitor and taking their property or life without a trial] or ex post facto law. [Ex post facto literally means "after the fact;" you can't arrest someone for a crime that was legal at the time he did it by passing a law after the fact.]
Clause 4: There must not be a "per head" tax except in proportion to the state's population [rather than according to an individual's income; this was changed by the 16th amendment.]
Clause 5: Congress may not tax or collect duties on goods being transported from one state to another.
Clause 6: Congress may not give preference to a port in one state over another by making different financial regulations for them. Ships passing from one state to another must not be required to pay duties to that state to pass through or enter their port.
Clause 7: Nobody [not even the President himself] is allowed to use money from the U.S. Treasury unless Congress passes a law [called an appropriations bill] to allow it. Congress must publish records from time to time of how much tax money has come in, and how that public money has been spent.
Clause 8: The United States is not allowed to bestow any titles of nobility. Nobody in government service is allowed to accept any gift, payment, job, or title from any foreigner unless Congress has approved.
Article I § Section 10
Clause 1: No state is allowed to enter into any treaty or alliance with a foreign country. No state is allowed to give Letters of Marque and Reprisal [letters that authorize a ship to attack and plunder an enemy ship], mint their own coins, issue Bills of Credit [such as paper money], take anything but silver and gold [i.e., valid U.S. money backed by gold and silver] in payment of debts, pass a Bill of Attainder [document declaring someone a traitor and taking their property or life without a trial] or ex post facto law ["after the fact"], or any law that breaks a contract, and they may not bestow any titles of nobility. [States may not operate as if they were independent countries.]
Clause 2: States may not collect taxes or duties on imports or exports above what they need to pay for enforcing inspection laws, unless Congress approves. Any taxes or duties they collect on behalf of the U.S. Government must be given to the U.S. Treasury. All laws regarding their import and export taxes and duties can be revised and controlled by Congress.
Clause 3: Unless Congress approves, states may not charge duties on foreign ships, maintain an army or navy in peace time, negotiate agreements with other states or foreign countries, or wage war unless they are actually invaded or in such urgent danger that immediate action is necessary.
Article II (The Executive Branch)
Article II § Section 1
Clause 1: The executive power shall consist of a President. He will hold office for a four year term and have a Vice President elected at the same time. This is how he shall be elected:
Clause 2: Each state will appoint a number of Electors in whatever system their legislatures decide. There shall be as many Electors in each state as the number of that state's Senators and Representatives, but no Senator or Representative or government official can be appointed as an Elector.
Clause 3: The Electors will meet in their own states and vote by ballot for two people. One of those people cannot live in the state the Electors live in. The Electors will list the nominees and how many Electors voted for each of them. Then they must sign the list, certify it, seal it, and deliver it to Washington D.C. The President of the Senate [the Vice President] will open all the sealed lists from all the states and count the votes in front of the Senate and House of Representatives. Whoever has the most votes will be the President of the United States if he has a majority of votes [half plus one]. If there is a tie, then the House of Representatives will immediately take a vote to decide which of the two should be President. On the other hand, if no nominee has a majority of votes, then the House of Representatives will choose from among the five nominees with the most Elector votes. This is the system they should use: each state [not each Representative] shall have one vote. The quorum for this purpose [quorum is how many are required to be present to take a vote] is two-thirds of all existing states must be represented. A nominee must receive a majority of votes [half plus one] to win the Presidency. Whichever nominee has the next most votes will be the Vice President. If there is a tie for Vice President, the Senate will decide by ballot. [This was modified by the 12th Amendment.]
Clause 4: Congress may decide when the Electors will be selected, and on what date they will present their votes to Congress. That date will be the same throughout the U.S.
Clause 5: In order to be eligible for the Presidency, a person must be a natural born citizen [been born in the U.S., and/or been a U.S. citizen at birth], or a citizen at the time this Constitution was adopted. The person must be at least 35 years old and have lived in the U.S. for at least fourteen years.
Clause 6: If the President is removed from office, dies, resigns, or is unable to do his job as President for any reason, the Vice President shall take over his duties, and if both the President and Vice President die, resign, or are unable to do their job for any reason, then Congress shall decide who will stand in until they are no longer needed, or until another President is elected. [This was modified by the 25th Amendment.]
Clause 7: The President will receive a paycheck at specified times for his services. The amount will be the same throughout his term of office. During his term, he may not receive emoluments [additional tips and gifts] from the U.S. or any of the individual states.
Clause 8: Before the President begins his duties, he must take an inaugural oath: 'I solemnly swear (or affirm) that I will faithfully administer the office of President of the United States, and I promise to the best of my ability to preserve, protect, and defend the Constitution of the United States.'
Article II § Section 2
Clause 1: The President is Commander in Chief of the U.S. Army and Navy, and of the militia of the various states when they are needed to serve the U.S. government. The President may demand suggestions from the top officers of any government department about any subject related to their duties. [This group of top officers has evolved into the "cabinet".] The President has the authority to grant reprieves [delaying punishment] and pardons for people convicted of crimes against the United States, except in cases of impeachment.
Clause 2: The President has the authority to make treaties with foreign nations with the advice and approval of the Senate, but the treaty isn't ratified [officially approved] until two-thirds of the Senators who are present agree. The President shall nominate Ambassadors, other public Ministers and Consuls, Supreme Court Judges, and all other Officers of the United States whose appointments aren't prescribed here yet, but he needs the advice and approval of the Senate to officially appoint them. Congress has the authority to allow the President by himself to appoint any minor officers in lower law courts or department heads that they think appropriate.
Clause 3: The President has the authority to temporarily fill any vacancies that come up while the Senate is not in session by appointing someone to serve until the next Senate session ends. [This is called a "recess appointment."]
Article II § Section 3
From time to time, the President shall give the Congress information about how the country is doing [the 'state of the union'] and ask them to consider suggestions that he thinks are necessary and appropriate. On unusually urgent occasions, he may require one or both houses of Congress to convene [meet] for a special session. When Congress has a disagreement about when to adjourn [end their session], the President has the authority to tell them when to adjourn. The President will be the one to receive visits from foreign Ambassadors and other foreign public officials. The President must be sure that all of the laws [that are passed by Congress] are faithfully carried out and put into practice. The President will give commissions to military officers of the United States Armed Forces.
Article II § Section 4
If the President or Vice President or any U.S. officer is impeached for treason, bribery, or any other crime or misdemeanor [at the time, a misdemeanor meant non-criminal "bad behavior"] and convicted, he shall be removed from office. [Impeach means accused by the House of Representatives; the Senate conducts the trial to convict.]
Article III (The Judicial Branch)
Article III § Section 1
The judicial [legal] part of the United States will be settled in one supreme court, and as many inferior courts [lesser courts that serve under the Supreme Court] as Congress might add from time to time. Judges serving in both the supreme court and the inferior courts will retain their positions for as long as they're well behaved [judges have been impeached for disrespecting Congress, mismanagement, drunkenness, profanity]. They will get a salary at specified times, and their pay may not be decreased as long as they're in office.
Article III § Section 2
Clause 1: The judicial's authority will include legal cases and equity cases [applying flexibility to common law to find a fair balance between mercy and justice] that come up under this Constitution, or under the [federal] laws of the United States, or treaties that the United States makes. Their authority shall also include all cases that affect Ambassadors and foreign consuls, cases that happen at sea [because they aren't within the jurisdiction of any specific state], any controversies that involve the United States, any controversies between different states, or between one state and the citizens of another state, or between citizens of different states. Their authority also includes cases where citizens from one state claim land in another state, and cases involving a state or citizen of a state, and a foreign country or foreign citizen. [This was changed by the 11th Amendment.]
Clause 2: In cases that affect Ambassadors and other foreign officials, and cases where one of the states is a party, the Supreme Court will have original jurisdiction [those cases don't need to start in lower courts and work their way up to the Supreme Court]. In all of the other kinds of cases listed above, the Supreme Court will have appellate jurisdiction [those cases start in the lower courts and must be appealed to be heard by the Supreme Court], regarding both law [unraveling legal terms and actual rules] and fact [evidence], with whatever exceptions Congress might make later.
Clause 3: Trials will be done in front of a jury [even at the Supreme Court level, trial by a jury of one's peers was considered a foundation of justice] except in cases where a government official is being impeached. Trials will take place in the state where the crime was committed. If the crime wasn't committed in any one state, then the trial will take place wherever Congress decides.
Article III § Section 3
Clause 1: The only way a person can be accused of treason against the United States is if they wage war against the U.S., or side with their enemies by giving them help and support. Nobody can be convicted of treason unless two witnesses testify to the same obvious action, or if someone confesses under oath in open court [a court that the public is allowed to attend].
Clause 2: Congress has the authority to decide what punishment a person should get for treason, but punishment for treason may not be carried out against the relatives of the accused, and the property of a person convicted of treason cannot be taken away from his family after he has died.
Article IV (States' Relationships with Each Other)
Article IV § Section 1
Individual states must respect and honor the laws, records [including licenses], and court rulings of every other state. Congress may make laws that determine the way in which these laws, records, and court rulings will be verified as valid, and what their results will be.
Article IV § Section 2
Clause 1: The citizens of each state are entitled to all the rights and protections that citizens have in the other states.
Clause 2: If a person is accused of treason, felony, or other crime in one state and flees from justice to another state, and if the executive authority [governor] of the state where he committed the crime demands that he be delivered up to stand trial [extradited], then he must be returned to the state where he committed the crime to face justice.
Clause 3: If a person is obligated to do service or work in one state under its laws, and he escapes to a different state, that state's laws don't remove his original obligation. If the person [or organization] he's obligated to demands that he come back and fulfill his obligation, he must be returned. [This was a vague way of saying that a slave who escaped into a "free state" where slavery was forbidden must be returned to his owner. This clause was abolished by the 13th Amendment.]
Article IV § Section 3
Clause 1: New states may be added to the United States by Congress, but a state can't be formed within the territory of another state, and a new state can't be formed by joining two or more states together, or parts of two or more states, unless the individual legislatures of those states as well as the U.S. Congress agree. [The intent was to increase the U.S. by making states out of the western frontier rather than by dividing up the existing thirteen states into smaller states.]
Clause 2: Congress has the authority to make whatever laws are needed regarding territories or other properties belonging to the United States. Nothing in this Constitution should be interpreted so that it changes any claims the U.S. has on any territory, or any claims that a state has on any territory. [This placed any western territory under federal jurisdiction.]
Article IV § Section 4
Every state in the union is guaranteed a Republican [representative] form of state government, and is entitled to federal protection from foreign invasion. If a state asks Congress or the President (if Congress is not in session) for help with violence in their state [such as a revolt], they are entitled to federal protection and aid.
Article V (How to Make Amendments)
Whenever two-thirds of both Houses of Congress decide that it's necessary, Congress may suggest Amendments [changes] to this Constitution. Or, if the legislatures of two-thirds of the individual states agree, a convention [meeting] may be called to suggest Amendments. In either of those two scenarios, an Amendment will be a valid part of this Constitution after three-fourths of the state legislatures or three-fourths of the conventions held in them agree, depending on which one is suggested by Congress. No Amendment made before 1808 may in any way affect the first [importing slaves] and fourth [taxes] clauses in Article I, section 9. And no Amendment can be made that deprives any state of its entitled representation and vote in the Senate unless the state agrees.
Article VI (Debts, National Supremacy, Oaths of Office)
Clause 1: All debts that were made before this Constitution was adopted are just as valid as they were when there was a Confederation rather than a United States.
Clause 2: This Constitution and any laws that may be made according to this Constitution, and any treaties that are made under the authority of the United States, will be the highest law of the land, and judges in every state will be bound to abide by them, overriding any state laws or treaties. [This is called the "Supremacy Clause" and is considered the glue that binds the states together as one nation.]
Clause 3: Senators, Representatives, members of state legislatures, and all executive officers and judges, whether of the United States or of any individual state, must take an oath promising to abide by this Constitution, but no religious test will ever be a requirement for being qualified to a position of office or government role under the United States.
Article VII (Ratification)
Only nine states [out of thirteen] are needed to ratify this Constitution to establish it and make it binding.
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This Constitution was approved by the unanimous consent of all of the states that were present in this convention [meeting] on September 17, 1787, and the twelfth year of the Independence of the United States of America. We have signed our names as witnesses:
Following are signatures from George Washington and 38 representatives from Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, New Hampshire, Massachusetts, Connecticut, New York, New Jersey, and Pennsylvania.
[Representatives from all the states except Rhode Island, which was not there, signed the Constitution. Once it was signed, it was sent out, and each state held a convention to discuss whether their state would ratify -- or officially approve -- the Constitution. Nine states were required to ratify it for it to become the law of the land. "The Federalist Papers" is a collection of essays written over seven months to convince the people to ratify the new Constitution. Lars Johnson wrote that these essays are "considered the most authoritative of all writings about the Constitution." Eventually, all thirteen states ratified the Constitution, but most ratified with the understanding that amendments guaranteeing citizens certain privileges and freedoms -- a "Bill of Rights" -- would be added so that the new government could not repeat Britain's tyranny.]
Amendments
Preamble
The United States Congress started a Congressional session in New York on March 4, 1789.
The conventions [meetings] of some of the states that signed and ratified the Constitution expressed a desire to clarify and add some restrictive clauses in order to avoid misunderstandings and prevent anyone from using this Constitution to abuse their authority. This will also give the public more confidence in their government and ensure that their government is used for good.
The convention decided, with two-thirds of the legislators from both Houses agreeing, that the following articles should be suggested as Amendments to the Constitution. All or any of these will become part of the Constitution after they have been ratified [officially approved] by three-fourths of the state legislatures.
The process for amending the Constitution is outlined in Article V of the Constitution.
Amendment 1 (Freedom of Expression and Freedom of Religion)
Congress may not make any law that establishes a religion, or forbids the free exercise of religion. Congress may not make any law that reduces the freedom of speech or the freedom of the press [news publishers; there must be no state-controlled media]. Congress may not make any law that reduces the right of the people to meet together peaceably [without strife or disorder; behaved] and to ask the government to remedy their complaints.
Amendment 2 (The Right to Bear Arms)
Since a well-managed militia [an army whose members are not professional soldiers] is necessary to guarantee that the government will remain free, the right of the people to keep and carry weapons may not be violated. [Legally, the militia consists of all able-bodied males aged 17 to 45; it also includes females in the National Guard. *]
Amendment 3 (Housing Soldiers)
During peace time, no soldier may be housed in anyone's home unless the owner agrees. In war time, soldiers may be housed in homes only on specific terms that the law allows.
Amendment 4 (Search and Seizure)
The people have a right to be safe from bodily harm, and to be assured of the security of their homes, their paperwork, and their personal belongings against any unreasonable searches and seizures [confiscation]. There must not be any search and seize warrants issued unless there is probable cause [a belief that the person likely did some crime], and the reason is expressed under oath or affirmation [solemn declaration] with a specific description of the place to be searched and the persons or items to be seized.
Amendment 5 (Rights of Individuals)
No person can be imprisoned to answer for a capital crime or other heinous crime unless they are charged or indicted [formally accused] by a Grand Jury [average people who decide whether charges should be brought against a suspect] except in cases that happen in the army, in the navy, or in the militia, while the suspect was serving during time of war or public danger. A person may not be subjected to having their life or health jeopardized for the same crime twice [double jeopardy]. No suspect can be forced to testify against his own self, nor can a suspect have his life, freedom, or property taken away from him without due process [a fair and legal trial]. Private property may not be taken for the public to use without paying the owner a fair price for it.
Amendment 6 (Rights of Accused in Criminal Prosecutions)
In all criminal prosecutions, the accused person has the right to a prompt and public trial [where everybody can see that he's treated fairly] decided by an unbiased jury in the same state and district where the crime was committed, and that place must be verified as the right place by law. The accused person must be informed about what he's being accused of. He must have the opportunity to face [and challenge] the people testifying against him. There must be a way of providing witnesses who will testify in his favor [even if those witnesses have to be commanded to testify, which is called a subpoena], and he has the right to have legal counsel to help him defend himself.
Amendment 7 (Civil Trials)
In law suits of common law [non-criminal civil cases where a judge decides because the written law isn't clear], if the controversy involves something that's worth more than twenty dollars, the person who has been accused has the right to a jury trial. Once the jury has made its decision, no court can re-open the case unless it's according to the rules of the common law.
Amendment 8 (Additional Guarantees in Criminal Cases)
Accused persons must not be required to pay excessive bail [a deposit of money to guarantee that they'll show up for their trial in exchange for being allowed to wait at home instead of in jail]. A person must not be required to pay excessive fines, or suffer cruel and unusual punishment. [But who decides what "excessive" or "cruel and unusual" means?]
Amendment 9 (Unspecified Rights)
Specifying certain rights in this Constitution does not mean that the people don't have other rights simply because they aren't listed here.
Amendment 10 (Authority That is Reserved for States)
Any authority or powers that are not assigned to the federal government and are not forbidden for the states by the Constitution are reserved for individual states, or for the people themselves, to decide.
Amendment 11 (Lawsuits Against States) 1795
The Supreme Court's authority does not extend to any law suit or equity suit that is initiated against one state by citizens of another state, or by subjects of a foreign country. [A law suit is based on legal rules and usually results in monetary damages; an equity suit is a fairness issue determined by a judge and can result in non-monetary actions.]
Amendment 12 (Election of the President) 1804
The Electors should meet in their own states and vote for the President and Vice President. At least one of the candidates must not be an inhabitant of that state. The Electors should each cast one ballot for their choice of President, and a separate ballot for their choice of Vice President. They should list all of the candidates for President, and all of the candidates for Vice President, and write down how many votes each of them received from the Electors. Then they must sign and seal the lists and deliver them to the head of the Senate [the Vice President]. He should open the lists in the presence of the rest of the Senate and the House of Representatives and the votes should be tallied. Whoever has the most votes for President shall be the President if he has received a majority [half plus one] of Elector votes. If no one has a majority, then one of the two or three candidates with the most votes should be chosen by ballot by the House of Representatives -- but each state [not each Representative] shall have only one vote. A quorum [minimum number who are required to be present to take a vote] will consist of two-thirds of the states, and a majority of votes from all the states [not just the ones present] is required to be selected as President. If the House of Representatives does not choose a President before March 4, then the Vice President will act as President, just like he would if the President had died or was otherwise unable to fill his role.
The Vice President candidate who has the most votes will be the Vice President if he has a majority [half plus one] of votes from the Electors. If no candidate has a majority, then the Senate shall choose a Vice President from the two candidates with the most votes. A quorum [how many are required for there to be enough to take a vote] for this purpose will be two-thirds of all the Senators, and a majority of votes from all of the Senators [not just the ones who are present] is required to be selected as Vice President. The requirements to be eligible for Vice President are the same as they are for a President.
Amendments 13, 14, and 15 are called The Civil War Amendments.
Amendment 13 (Banning Slavery) 1865
Neither slavery nor involuntary servitude [being unwillingly forced to work] is allowed to exist in the United States or any place subject to the laws of the United States, except in cases where a person who has been fairly tried and convicted is being punished for a crime.
Congress has the authority to pass whatever laws are necessary to enforce this Amendment.
Amendment 14 (Privileges of Citizenship, Due Process, Right to Vote) 1868
1. Any person born or naturalized [immigrants who are granted citizenship] in the United States and subject to its laws [such as a freed slave] is considered a citizen of the United States and a citizen of the state where he lives. No state is allowed to pass a law that decreases the privileges or exemptions of any U.S. citizen. No state is allowed to deprive any person of life, liberty, or property without due process of law [a fair trial]. No state is allowed to deny the equal protection of laws to any person under its authority.
2. Representatives shall be allocated among the different states according to their populations, counting each as a whole person [no more counting slaves as 3/5 of a person], but not counting Indians who don't have to pay taxes. If any male citizens who are at least 21 years old and have not participated in any rebellion or other crime are denied the right to vote or are limited in their right to vote for state Electors for a Presidential or Vice Presidential election, or their U.S. Representatives, or their governor or judges or state legislature, then the federal government will reduce that state's number of Representatives by not counting those voters as part of the state's voting population.
3. If any person has taken an oath to support the Constitution as a U.S. legislator, government official of the United States, or governor or state legislator or other official of his state, and then engaged in insurrection or rebellion against the United States, or helped or supported the enemies of the U.S. Constitution, then that person cannot be a U.S. Senator, U.S. Representative, Elector for Presidential or Vice Presidential elections, or hold any government position under the United States or under any state. But Congress can remove this restriction if two-thirds of each House agrees. [This was Congress's answer to the question of how to deal with politicians who had sided with the Confederacy after the Civil War.]
4. Federal debts that were authorized legally, including any debts acquired to pay pensions [fixed sums] and bounties [rewards] to those who helped to suppress insurrection or rebellion, shall not be questioned as to their validity. But neither the United States nor any individual state is obligated to take on or repay any debt acquired in order to help or support insurrection or rebellion against the United States, or any compensation for the loss of a slave who was freed. Those kinds of debts are considered illegal and invalid.
5. Congress has the authority to pass whatever laws are needed to enforce this Amendment.
Amendment 15 (Rights of Citizens to Vote) 1870
The right to vote may not be denied or limited by the United States or by any individual state because of a person's race, skin color, or previous condition of service [i.e., because he had been a slave].
Congress has the authority to pass whatever laws are needed to enforce this Amendment.
Amendment 16 (Income Tax) 1913
Congress has the authority to create and collect taxes from citizens based on their income, no matter how they got that income, and Congress doesn't have to share it with individual states or base it on a census of population.
Amendment 17 (Senators Elected by The People) 1913
1. The U.S. Senate will have two Senators from each state who are elected by the people of their states [instead of by their state legislators]. They will be elected for a six year term. Senators will each have one vote in the Senate. The requirements for a citizen to be eligible to vote for a Senator are the same as they are to vote for a state legislator in their state's largest legislative branch [usually their State Representatives].
2. When there is an unexpected vacancy in the Senate, the executive authority [the governor] of the state missing a Senator will call for a special election to vote for a new Senator unless that state's legislature has given the governor the authority to appoint someone to fill in until a regular election.
3. This Amendment should not be misunderstood to mean that it affects the election or term of any existing Senator who was serving before this Amendment was ratified.
Amendment 18 (Prohibition of Alcohol) 1919
1. One year after this Amendment is ratified, the making, selling, and transporting of alcoholic beverages for drinking purposes within the United States or any territories subject to the laws of the U.S., and the importing or exporting it to or from foreign countries is outlawed.
2. Congress and individual states have the simultaneous authority to pass whatever laws are needed to enforce this Amendment.
3. This new law will not go into effect unless it is ratified as a Constitutional Amendment by the legislatures of three-fourths of the various individual states, as indicated in this Constitution, within seven years after Congress submits it to the states to vote on.
Amendment 19 (Women's Suffrage [Right to Vote]) 1920
A U.S. citizen's right to vote may not be denied or limited by the United States or by any individual state because of their gender.
Congress has the authority to pass whatever laws are needed to enforce this Amendment.
Amendment 20 (Terms of Officials, Presidential Vacancy) 1933
1. The President's and Vice President's terms of office end at noon on January 20th, and Senators' and Representatives' terms end at noon on January 3rd of the same year their term would have ended before this Amendment existed. When the outgoing official's term ends, his successor's term will begin [instead of in March].
2. Congress must assemble [meet] at least once a year, and that meeting will begin at noon on January 3rd unless a law is passed moving it to another day.
3. If January 20th arrives and the newly elected President ["President elect"] has died, the newly elected Vice President will become President. If a President has not been chosen by January 20th, or if the newly elected President has failed to be qualified to be President, then the newly elected Vice President will become President. Congress may pass a law to determine what to do if both the newly elected President and his newly elected Vice President fail to be qualified for their offices. This law will state who is to become the President in such a case, or lay out a process to select someone to fill in until a President or Vice President has become qualified. [This hypothetical scenario has never happened.]
4. Congress may pass a law to decide what to do if any of the candidates the House Representatives is to select as President should die when such a decision needs to be made, or if any of the Vice Presidential candidates should die when the Senators need to make such a decision. [This hypothetical scenario has never happened, either.]
5. Sections 1 and 2 will take effect on the first October 15 after this Amendment is ratified.
6. This new law will not go into effect unless it is ratified as a Constitutional Amendment by the legislatures of three-fourths of the various individual states, within seven years after Congress submits it to the states to vote on.
Amendment 21 (Repeal of Prohibition/Amendment 18) 1933
1. The 18th Amendment to the Constitution of the U.S. is repealed [cancelled].
2. Transporting or importing alcoholic beverages into any state, territory, or U.S. possession where alcohol is still prohibited is outlawed.
3. This new law will not go into effect unless it is ratified as a Constitutional Amendment by Conventions [meetings] of three-quarters of the various individual states, as the Constitution says, within seven years after Congress submits it to the states to vote on.
Amendment 22 (President: Two Terms Only) 1951
1. No person can be elected as President more than twice. If a person has served as President more than two years during someone else's term [if a Vice President has filled in because of the death of a President and served in this capacity for two years], then he may only be elected as President once. This Amendment does not apply to whoever is serving as President at the time this Amendment was suggested by Congress [Truman]. This Amendment does not prevent whoever is serving as President when this Amendment takes effect from completing his term in office [even if, hypothetically, that person is serving a third term].
2. This new law will not go into effect unless it is ratified as a Constitutional Amendment by the legislatures of three-quarters of the various individual states within seven years after Congress submits it to the states to vote on.
Amendment 23 (Presidential Electors for Washington D.C.) 1961
1. The District that is the seat of the U.S. government [Washington D.C.] may appoint Electors [as part of the Electoral College, who cast votes for the President] using whatever method Congress decides. Their number of Electors will be the same as whatever number of Senators and Representatives they would have if they were an individual state, but this number may not be more than the state with the least population [3]. These Electors will be added to the number of existing Electors just as if they were Electors for one of the individual states. They will meet in Washington D.C. and do the duties of Electors as laid out in the 12th Amendment.
2. Congress has the authority to pass whatever laws are needed to enforce this Amendment.
Amendment 24 (No More Poll Tax to Qualify to Vote in Federal Elections) 1964
The right to vote in any primary or other election for a President, Vice President, Elector, Senator, or U.S. Representative may not be denied or limited by the United States or by any individual state because the voter failed to pay a poll tax [voting fee designed to keep the poor from voting] or any other tax.
Congress has the authority to pass whatever laws are needed to enforce this Amendment.
Amendment 25 (Presidential Vacancy, Disability, and Inability) 1967
1. If the President is removed from office, or dies, or resigns, the Vice President will become President.
2. If the Vice President is removed from office, or dies, or resigns, the President will nominate someone to take his place. If a majority [half plus one] from both Houses of Congress agree to confirm him, then that candidate will be the new Vice President.
3. If the President submits a written notice to the "President pro tempore of the Senate" [second highest-ranking official in the Senate and generally the majority leader; the highest-ranking is the Vice President of the U.S.] and to the Speaker of the House of Representatives that he is [temporarily] unable to do his duties, the Vice President will fill in as Acting President until the President submits another written notice that he is ready to take on his duties again.
4. If the Vice President and a majority of either the President's Cabinet [the main officials of the executive departments] or whichever group of people Congress decides by law submits a written notice to the "President pro tempore of the Senate" and to the Speaker of the House of Representatives stating that the President is unable to do his duties [in a case where the President is unable to write a note himself], then the Vice President will fill in as Acting President.
Later, when the President submits written notice to the "President pro tempore of the Senate" and the Speaker of the House of Representatives stating that he is able to resume his duties, he will act as President again -- unless, within four days, the Vice President and the President's Cabinet or whichever group of people Congress decides by law submit a written notice to the "President pro tempore of the Senate" and to the Speaker of the House of Representatives stating that the President is unable to do his duties. In such a case, Congress will decide. They must assemble [meet] within forty-eight hours if they are not currently in session. Within twenty-one days of receiving the written notice, or within twenty-one days of assembling if a special session was called because Congress was not in session, if two-thirds of Congress agrees that the President is unable to do his job, then the Vice President will continue as Acting President. If two-thirds of Congress does not agree that the President is unable to do his job, then the President will resume his duties.
Amendment 26 (Lowering the Voting Age to 18) 1971
1. The right of U.S. citizens who are 18 years old or older to vote may not be denied or limited by the United States or by any individual state because of their age.
2. Congress has the authority to pass whatever laws are needed to enforce this Amendment.
Amendment 27 (Congressional Raises) 1992
Any laws made that change how much money Senators and Representatives are paid will not take effect until the next [regularly scheduled] election of Representatives.
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Gary and Carolyn Alder's Freedom Formula Blog has a free study through the Constitution that goes through specific terms.
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