Constitution Studying

[hopon]

Amendment IV - Search and seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[hopon]

Amendment V - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

[hopon]

Amendment VI - Right to speedy trial, confrontation of witnesses. Ratified 12/15/1791.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

[hopon]

Amendment VII - Trial by jury in civil cases. Ratified 12/15/1791.

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

[hopon]

Amendment VIII - Cruel and Unusual punishment. Ratified 12/15/1791.

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

[hopon]

Amendment IX - Construction of Constitution. Ratified 12/15/1791.

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

[hopon]

Enumerate
enumerate vb 1 : to determine the number of : count 2 : list

[hopon]

Amendment X - Powers of the States and People. Ratified 12/15/1791.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

[hopon]

Amendment XI - Judicial Limits. Ratified 2/7/1795. Note History

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

[hopon]

Amendment XII - Choosing the President, Vice-President. Ratified 6/15/1804. Note History The Electoral College

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;

The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

[hopon]

Article II, Section 1 and 12th Amendment - The Electoral College
The Electoral College is a peculiar American institution. When Americans vote for President and Vice-President, they do not actually vote for those people, but for electors. These electors meet in their state capitals after the general election and cast votes for President and votes for Vice-President. Though electors are pledged to the candidates of their party, there is nothing in the Constitution requiring them to so vote - and, in fact, every so often an elector defects from his party's candidates, though the effect on the election is usually nil. Some states have laws against electors casting such "faithless" votes, but it is unclear if anyone could actually be prosecuted under such laws, since the electors are protected by the Constitution (though not in so many words).

Jeff Greenfield, formerly of ABC News and now with CNN, wrote a very interesting, irreverent tale about the Electoral College, called The People's Choice. It can be found on the Constitutional Bookstore Page.

[hopon]

Amazon address to order Jeff Greenfield's book.

http://www.amazon.com/exec/obidos/ASIN/0452277051/theusconstitution/002-4255636-3497624

[hopon]

Although I have found these posts really interesting, I have been asked to cease and desist because they have not generated any interest, such as Lenore's have. 

So goodnight and sweet dreams of the future changes in the government. Can't say I didn't warn ya. 

[hopon]

Wow! My last 5 posts were just deleted. That's kind of drastic, isn't it?

[2ram]

Although I have found these posts really interesting, I have been asked to cease and desist because they have not generated any interest, such as Lenore's have. 

So goodnight and sweet dreams of the future changes in the government. Can't say I didn't warn ya. 

"they have not generated any interest, such as Lenore's have"  

Maybe we should take a poll to confirm this??

2r