From: [a--y] at [otto.bf.rmit.oz.au] (Andrew Fuchs) Newsgroups: alt.politics.usa.constitution,talk.politics.misc Subject: Re: US constitution & ammendments Date: 1 Nov 93 07:48:43 GMT ========================================================= The preamble implies that all power comes from the people: ========================================================= We the people of the United States, in order to form a more perfect Union, establish justice, insure [sic] domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ========================================================= The articles of the constitution basically define the mechanism of the US's operation: ========================================================= Article I establishes the legislature Article II establishes the executive Article III establishes the judiciary Article IV, mainly lifted from the previous Articles of Confederation, establishes the relationships between the states and territories Article V provides a mechanism for amending the Constitution Article VI holds the newly constituted USA to its national debt before the Constitution's drafting, and establishes the supremacy of national law over state law, if the two conflict. This is how (I'm no lawyer, but I think this is right) a state law can be thrown out as unconstitutional even though the two bodies of law are basically separate. In fact, most law in the US is state law. Article VII allows for the ratification of the Constitution. The Constitution was ratified in 1788-1789 ========================================================= The first 10 amendments to the Constitution are known as the Bill of Rights (Dec 1791): ========================================================= Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Amendment 2 A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Amendment 3 [ Can't quarter soldiers in somebody's house without consent ] Amendment 4 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 affirm- ation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment 5 No person shall be held to answer for a capital, or other- wise infamous crime, unless on a presentment or indictment of a grand jury, [ except in the military during war ]; [ nor tried twice for the same crime ]; nor shall be com- pelled 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. Amendment 6 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 witnes- ses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of coun- sel for his defense. Amendment 7 [ Right of jury in lawsuits over $20 ] Amendment 8 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment 9 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others re- tained by the people. Amendment 10 The powers not delegated to the United States by the Con- stitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ========================================================= Then there are a bunch of other amendments (15 I think), some of the notable ones being: ========================================================= Amendment 13 (Dec 1865) outlawed slavery Amendment 14 (Jul 1866) made former slaves citizens. It also reiterates some of the Bill of Rights. Amendment 15 (Mar 1870) essentially gave black men the vote (though many states still tried trickery for years to get around this) Amendment 18 (Jan 1919) prohibited alcohol Amendment 19 (Aug 1920) gave women the vote after 40 years of amendments being introduced and defeated Amendment 21 (Dec 1933) repealed prohibition ========================================================= I hope this has been informative. You could probably just have looked it up in an encyclopaedia, but then I wouldn't have got this civics review. Thanks! andy [a--y] at [otto.bf.rmit.edu.au]