Moving truck icon.png Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org

Constitution of the United States: Difference between revisions

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
(→‎Section 4: military junta)
Line 33: Line 33:


===Section 4===
===Section 4===
Section 4 of Article IV of the US Constitution is known as the '''Guarantee Clause'''. This means that every state in the Union is guaranteed a Republican form of government as opposed to other forms such as monarchy, theocracy, or direct democracy. This prevented the Theodemocracy in the Utah Territory in the 1850s from joining the Union until the Mormon theocratic government laws were disbanded.
Section 4 of Article IV of the US Constitution is known as the '''Guarantee Clause'''. This means that every state in the Union is guaranteed a Republican form of government as opposed to other forms such as military committee (junta), monarchy, theocracy, or direct democracy. This prevented the Theodemocracy in the Utah Territory in the 1850s from joining the Union until the Mormon theocratic government laws were disbanded.


In addition, even if all the people a state voted to be governed with a military committee, then the people's selection would run afoul of the current version of this aforesaid Section 4 Guarantee Clause.
The Section 4 '''Guarantee Clause''', furthermore, means that the federal government will protect each member state against foreign invasion.
The Section 4 '''Guarantee Clause''', furthermore, means that the federal government will protect each member state against foreign invasion.


Revision as of 21:23, June 11, 2022

The Constitution of the United States was written in 1787 and ratified the following year. It is the second fundamental law of the United States of America, having replaced the Articles of Confederation.

Preamble

The Preamble to the US Constitution contains popular sovereignty. In the past, it was common for power to rest in the hands of many gods such as the Greek gods or one god through a king (divine right of kings).

The Preamble originally read," We the People of the States of . . .”, followed by a listing of the 13 states."[1] Jeffrey Rosen of the Constitution Center has argued that the final draft of the Preamble took away power from State Governments and gave it to the People.[2]

Article 1 (Legislature): 10 sections

Article I is the longest of the 7 Articles of the US Constitution. It has 10 Sections.

The legislative branch is called the Congress; it is made up of the (1) Senate and (2) House of Representatives.

Article 2 (Executive): 4 sections

Article II creates the executive branch of the US government.


Article 3 (Courts): 3 sections

Article III tasks Congress with establishing courts inferior to the federal Supreme Court.


Article 4 (States): 4 sections

Section 1 of Article IV of the US Constitution is known as the Full Faith and Credit Clause.[3] This means that, for example, a court judgment in state will be recognized (given credit) in another state.

Section 2

Section 2 of Article IV of the US Constitution is known as the Privileges and Immunities Clause. During the 1930s Depression, there were efforts in some states to limit travel of poor migrants. This privileges and immunities clause includes the right to travel and right to settle in another state.

Saenz v. Roe (1999) is a Supreme Court case dealing with the Section 2 Privileges and Immunities Clause because of an issue dealing with the right to travel. A person wanted to move to California to receive generous welfare benefits in the 1990s.

Article IV, Section 2, Clause 3, is the Servitude Clause or the Fugitive Slave Clause.[4][5][6][7] This means that, before the US Civil War in 1860, a slave who fled from Alabama to Vermont couldn't--in theory--claim to be free in Vermont.

Section 3

Section 3 of Article IV of the US Constitution is known as the Admissions Clause. The Congress has to approve admission to the United States union.

Section 4

Section 4 of Article IV of the US Constitution is known as the Guarantee Clause. This means that every state in the Union is guaranteed a Republican form of government as opposed to other forms such as military committee (junta), monarchy, theocracy, or direct democracy. This prevented the Theodemocracy in the Utah Territory in the 1850s from joining the Union until the Mormon theocratic government laws were disbanded.

In addition, even if all the people a state voted to be governed with a military committee, then the people's selection would run afoul of the current version of this aforesaid Section 4 Guarantee Clause.

The Section 4 Guarantee Clause, furthermore, means that the federal government will protect each member state against foreign invasion.

1st Amendment

The First Amendment provides freedom of

  1. religion,
  2. speech,
  3. press,
  4. assembly, and
  5. petition.


10th Amendment

The Tenth Amendment provides states' rights.[8]

17th Amendment

The Seventeenth Amendment to Article I provides for the popular election of United States Senators.[9]

See also

References

  1. ↑ https://constitutioncenter.org/interactive-constitution/interpretation/preamble-ic/interps/37
  2. ↑ https://www.khanacademy.org/humanities/us-government-and-civics/us-gov-the-national-constitution-center/us-gov-the-constitution/v/preamble?modal=1
  3. ↑ https://www.khanacademy.org/humanities/us-government-and-civics/us-gov-the-national-constitution-center/us-gov-the-constitution/v/article-iv-of-the-constitution?modal=1
  4. ↑ https://constitution.congress.gov/constitution/article-4/
  5. ↑ The words slave and slavery are not used in the Constitution.
  6. ↑ Slave is a word that etymologically means Slavic people in Yugoslavia taken into servitude in the ancient Roman Republic.
  7. ↑ In the Roman Republic, slavery wasn't based on race. A slave or servant could be any skin color.
  8. ↑ https://constitution.congress.gov/constitution/amendment-10/
  9. ↑ https://constitution.congress.gov/constitution/amendment-17/

External links

Retrieved from "https://www.wikilawschool.net/w/index.php?title=Constitution_of_the_United_States&oldid=42746"