Re: Charles Carreon, The Arizona Kid
Posted: Fri Oct 18, 2013 5:13 am
A SUMMARY OUTLINE OF THE UNITED STATES CONSTITUTION, by Charles Carreon
The Preamble: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.
Article I: CREATES CONGRESS
Section 1: GRANTS "all legislative powers" to "a Congress" composed of a Senate and a House of Representatives.
Section 2: PRESCRIBES 2-year elective term for House Members. REQUIRES certain qualifications for Membership: 25 years old, seven years a US Citizen, and a resident of the State that elects him/her. ESTABLISHES how to calculate number of Members that shall be accorded to each State (amended by Section 2 of 14th Amendment), and how to fill vacancies. GRANTS power to elect Speaker and other Officers, and the sole power of Impeachment.
Section 3: PRESCRIBES composition of Senate (2 Senators from each State), term of office (6 year elective term), and voting power (one vote per Senator). REQUIRES qualifications for Membership: 30 years of age, nine years a US Citizen, and a resident of the State electing him/her. Vice President is President of the Senate, with one vote that he may exercise only to break a tie. GRANTS power to choose their Officers, and a President Pro Tem; GRANTS power to try impeachments, with conviction only by a 2/3 majority. LIMITS penalty of impeachment to removal from office and disqualification from receiving government honor, trust or profit, but explicitly withholds any grant of immunity from separate criminal charges.
Section 4: PRESCRIBES requirements for elections of Congressional members, and yearly meetings of Congress.
Section 5: GRANTS each House autonomous rulemaking authority to govern its members and business; establishes majority as a quorum. REQUIRES each House to keep a Journal of its Proceedings, and permits one fifth of all present to require roll call vote. PROHIBITS either house of Congress from adjourning for more than three days without consent of the other house, or from sitting in another place separate from where the other house is convening.
Section 6: AUTHORIZES payment from Treasury to members of Congress for services rendered. IMMUNIZES members from arrest while en route to or returning from Attendance at the Session; IMMUNIZES from being "questioned in any other Place" for anything said while in session. PROHIBITS members of Congress from holding any other government office.
Section 7: REQUIRES all taxing bills to commence in the House, with the Senate having right of amendment. PRESCRIBES procedure for President to approve or refuse to enact legislation within 10 days (or it becomes law automatically); PRESCRIBES that a 2/3 majority of the Congress may override Presidential veto of legislation. REQUIRES Presidential approval or legislative override for all legislative enactments.
Section 8: AUTHORIZES Congress to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States." REQUIRES that "all Duties, Imposts and Excises shall be uniform throughout the US."
AUTHORIZES Congress to:
• Borrow money
• Regulate commerce among the States and with foreign nations and the Indian tribes
• Establish rules of Citizenship
• Establish Bankruptcy laws
• Mint money, set exchange rates, set Weights & Measures
• Prohibit counterfeiting
• Establish Post Offices and Post Roads
• Promote Science and Art by "securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" (copyrights and patents)
• Create courts "inferior" to the Supreme Court
• Define and prosecute crimes on the high seas and offences against the Law of Nations
• Declare War, grant "Letters of Marque and Reprisal," and make rules re capture at sea an on land
• Raise and Support Armies BUT "no appropriation of money for that use shall be for a longer term than two years"
• Provide and Maintain a Navy
• Exercise Miscellaneous powers pertinent to the Militia
• Govern the District of Columbia (not exceeding ten miles square)
• Make all laws necessary and proper to execute other powers
Section 9:
PROHIBITS:
• Suspending privilege of Writ of Habeas Corpus except when necessary for public safety in times of rebellion or invasion
• Bills of attainder or ex post fact laws
• Head taxes not in proportion to actual numbers
• Granting of trade preferences to State ports, or duplicate taxation of goods in transit
• Spending funds from the Treasury except by lawful appropriations. REQUIRES publication of accountings of expenditures.
• The United States from granting titles of nobility
• Officers of the Government from accepting titles from any King, Prince or Foreign State, except with Consent of Congress.
Section 10:
PROHIBITS the States from:
• Making Treaties
• Granting letters of Marque and Reprisal
• Coining money
• Emitting bills of credit
• Making any thing but gold and silver coin a tender for payment of debts
• Passing any Bill of Attainder or ex post facto law
• Impairing obligation of contracts
• Granting title of nobility
PROHIBITS the States from doing the following without Consent of Congress:
• Tax imports or exports except what may be absolutely necessary for executing its inspection laws (and gives the US Treasury the right to receive the "net produce" of such duties and imposts.)
• Maintaining armies or making agreements to make war (unless actually invaded, or in such imminent danger as will not admit of delay).
Article II: CREATES THE PRESIDENCY
Section 1:
GRANTS the President the executive power, for a 4-year term, to run contemporaneously with the Vice President's term.
PRESCRIBES manner of election: by a "Number of Electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress."
PROHIBITS any of the Presidential Electors from being US Officeholders.
PRESCRIBES manner of voting by Electors "in their respective states" [amended by 12th Amendment, which was then partially superseded by the 20th Amendment]
REQUIRES President to be a Citizen, thirty-five years old, resident of the United States for at least fourteen years.
PROVIDES for how to replace disabled President, for compensation for services (but Prohibits any other emolument from the United States or any State).
PRESCRIBES Oath of Office.
Section 2:
GRANTS:
• Title of Commander in Chief of the Army, the Navy and the Militia
• Power to require written opinions of the Principal Officer of each Executive Department on any subject relating to their duties
• Power to Reprieve and Pardon for Offenses against the United States (except in cases of Impeachment)
• To make Treaties with 2/3 concurrence of the Senate
• To Nominate ambassadors, Supreme Court judges, and any other US Officers whose jobs aren't defined in the Constitution (however Congress may create offices to be filled by appointment by the President, the Courts, or Dept Heads)
• To fill Senate vacancies
Section 3:
REQUIRES that President give a State of the Union address.
PERMITS President to:
• Convene and adjourn Congress on extraordinary occasions
• Receive ambassadors and other public ministers
REQUIRES President to:
• Take Care that the laws be faithfully executed
• Commission all the Officers of the US
Section 4:
LIMITS Grounds for Impeachment of President, VP, and all civil Officers of the United States to "conviction of treason, bribery, or other high crimes and misdemeanors."
Article III: CREATES THE COURTS
Section 1:
GRANTS to "one Supreme Court, and such inferior Courts as the Congress may from time to time ordain and establish" the "judicial power of the US".
PROVIDES for judges to hold their offices "during good Behaviour" and to receive compensation "which shall not be diminished during their continuance in office."
Section 2:
GRANTS the courts power over all cases:
• arising under this Constitution
• arising under the laws of the United States
• arising under Treaties
• affecting ambassadors, public ministers and consuls
• under admiralty and maritime jurisdiction
• where the United States is a party
• between two States
• between citizens of different States
GRANTS the Supreme Court Original Jurisdiction of:
• Cases affecting ambassadors, public ministers and consuls
• Cases in which a State is the party
GRANTS Supreme Court appellate jurisdiction of all other cases, subject to regulation by Congress
PROTECTS right to TRIAL BY JURY of all crimes except impeachment.
REQUIRES that trials be held in the State where crime committed.
PERMITS Congress to designate the place of trial where the crime was not committed within any State.
Section 3:
DEFINES TREASON as "levying war against" the US, or "adhering to their enemies, giving them aid and comfort."
PROHIBITS Conviction for Treason except on "testimony of two witnesses to the same overt act, or on confession in open court".
PERMITS Congress to prescribe punishment for treason, BUT
PROHIBITS imposition of punishment for treason extending to subsequent generations ("no attainder of Treason shall work corruption of blood, or forfeiture except during the life of the person attainted.")
ARTICLE IV: REGULATES RELATIONS AMONG THE STATES
Section 1:
REQUIRES each State to accord full faith and credit to public acts, records, and judicial proceedings of all other State courts.
AUTHORIZES Congress to create laws concerning procedure to give full faith and credit to acts of all States.
Section 2:
GRANTS to citizens of every State the privileges and immunities enjoyed by citizens of each State within its own jurisdiction.
REQUIRES mutual extradition authority among the States.
[REPEALED by 13th Amendment -- GRANT of right to slaveholders to retrieve escaped slaves as property.]
Section 3:
PERMITS admission of new States to the Union.
PROHIBITS:
• Formation of sub-States within a State
Formation of meta-States by merger of States or parts of multiple States, without concurrence of all involved States and the Congress.
Section 4:
GRANTS Congress the "power to dispose of" and regulate the "territory or other property of the US". (Non-waiver of any claim by the US or any States.)
ARTICLE V: PROTECTS THE CONSTITUTION
PERMITS Congress to amend on 2/3 vote.
PERMITS 2/3 of State Legislatures to call for a Constitutional Convention.
PERMITS 3/4 of State Legislatures to adopt an amendment to the Constitution.
PROHIBITS Constitutional amendment that would deprive any State of its voting representation in the Senate without the State's consent.
ARTICLE VI: SUPREMACY CLAUSE
REAFFIRMS debts and engagements of the Confederation.
ESTABLISHES Supremacy of the Constitution as Supreme law of the land.
REQUIRES US officers to be bound by oath or affirmation to "support this Constitution"
PROHIBITS any "religious test" as a requirement of government office.
ARTICLE VII: RATIFICATION OF THE CONSTITUTION
PERMITTED by nine States of the Thirteen
The Preamble: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.
Article I: CREATES CONGRESS
Section 1: GRANTS "all legislative powers" to "a Congress" composed of a Senate and a House of Representatives.
Section 2: PRESCRIBES 2-year elective term for House Members. REQUIRES certain qualifications for Membership: 25 years old, seven years a US Citizen, and a resident of the State that elects him/her. ESTABLISHES how to calculate number of Members that shall be accorded to each State (amended by Section 2 of 14th Amendment), and how to fill vacancies. GRANTS power to elect Speaker and other Officers, and the sole power of Impeachment.
Section 3: PRESCRIBES composition of Senate (2 Senators from each State), term of office (6 year elective term), and voting power (one vote per Senator). REQUIRES qualifications for Membership: 30 years of age, nine years a US Citizen, and a resident of the State electing him/her. Vice President is President of the Senate, with one vote that he may exercise only to break a tie. GRANTS power to choose their Officers, and a President Pro Tem; GRANTS power to try impeachments, with conviction only by a 2/3 majority. LIMITS penalty of impeachment to removal from office and disqualification from receiving government honor, trust or profit, but explicitly withholds any grant of immunity from separate criminal charges.
Section 4: PRESCRIBES requirements for elections of Congressional members, and yearly meetings of Congress.
Section 5: GRANTS each House autonomous rulemaking authority to govern its members and business; establishes majority as a quorum. REQUIRES each House to keep a Journal of its Proceedings, and permits one fifth of all present to require roll call vote. PROHIBITS either house of Congress from adjourning for more than three days without consent of the other house, or from sitting in another place separate from where the other house is convening.
Section 6: AUTHORIZES payment from Treasury to members of Congress for services rendered. IMMUNIZES members from arrest while en route to or returning from Attendance at the Session; IMMUNIZES from being "questioned in any other Place" for anything said while in session. PROHIBITS members of Congress from holding any other government office.
Section 7: REQUIRES all taxing bills to commence in the House, with the Senate having right of amendment. PRESCRIBES procedure for President to approve or refuse to enact legislation within 10 days (or it becomes law automatically); PRESCRIBES that a 2/3 majority of the Congress may override Presidential veto of legislation. REQUIRES Presidential approval or legislative override for all legislative enactments.
Section 8: AUTHORIZES Congress to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States." REQUIRES that "all Duties, Imposts and Excises shall be uniform throughout the US."
AUTHORIZES Congress to:
• Borrow money
• Regulate commerce among the States and with foreign nations and the Indian tribes
• Establish rules of Citizenship
• Establish Bankruptcy laws
• Mint money, set exchange rates, set Weights & Measures
• Prohibit counterfeiting
• Establish Post Offices and Post Roads
• Promote Science and Art by "securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" (copyrights and patents)
• Create courts "inferior" to the Supreme Court
• Define and prosecute crimes on the high seas and offences against the Law of Nations
• Declare War, grant "Letters of Marque and Reprisal," and make rules re capture at sea an on land
• Raise and Support Armies BUT "no appropriation of money for that use shall be for a longer term than two years"
• Provide and Maintain a Navy
• Exercise Miscellaneous powers pertinent to the Militia
• Govern the District of Columbia (not exceeding ten miles square)
• Make all laws necessary and proper to execute other powers
Section 9:
PROHIBITS:
• Suspending privilege of Writ of Habeas Corpus except when necessary for public safety in times of rebellion or invasion
• Bills of attainder or ex post fact laws
• Head taxes not in proportion to actual numbers
• Granting of trade preferences to State ports, or duplicate taxation of goods in transit
• Spending funds from the Treasury except by lawful appropriations. REQUIRES publication of accountings of expenditures.
• The United States from granting titles of nobility
• Officers of the Government from accepting titles from any King, Prince or Foreign State, except with Consent of Congress.
Section 10:
PROHIBITS the States from:
• Making Treaties
• Granting letters of Marque and Reprisal
• Coining money
• Emitting bills of credit
• Making any thing but gold and silver coin a tender for payment of debts
• Passing any Bill of Attainder or ex post facto law
• Impairing obligation of contracts
• Granting title of nobility
PROHIBITS the States from doing the following without Consent of Congress:
• Tax imports or exports except what may be absolutely necessary for executing its inspection laws (and gives the US Treasury the right to receive the "net produce" of such duties and imposts.)
• Maintaining armies or making agreements to make war (unless actually invaded, or in such imminent danger as will not admit of delay).
Article II: CREATES THE PRESIDENCY
Section 1:
GRANTS the President the executive power, for a 4-year term, to run contemporaneously with the Vice President's term.
PRESCRIBES manner of election: by a "Number of Electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress."
PROHIBITS any of the Presidential Electors from being US Officeholders.
PRESCRIBES manner of voting by Electors "in their respective states" [amended by 12th Amendment, which was then partially superseded by the 20th Amendment]
REQUIRES President to be a Citizen, thirty-five years old, resident of the United States for at least fourteen years.
PROVIDES for how to replace disabled President, for compensation for services (but Prohibits any other emolument from the United States or any State).
PRESCRIBES Oath of Office.
Section 2:
GRANTS:
• Title of Commander in Chief of the Army, the Navy and the Militia
• Power to require written opinions of the Principal Officer of each Executive Department on any subject relating to their duties
• Power to Reprieve and Pardon for Offenses against the United States (except in cases of Impeachment)
• To make Treaties with 2/3 concurrence of the Senate
• To Nominate ambassadors, Supreme Court judges, and any other US Officers whose jobs aren't defined in the Constitution (however Congress may create offices to be filled by appointment by the President, the Courts, or Dept Heads)
• To fill Senate vacancies
Section 3:
REQUIRES that President give a State of the Union address.
PERMITS President to:
• Convene and adjourn Congress on extraordinary occasions
• Receive ambassadors and other public ministers
REQUIRES President to:
• Take Care that the laws be faithfully executed
• Commission all the Officers of the US
Section 4:
LIMITS Grounds for Impeachment of President, VP, and all civil Officers of the United States to "conviction of treason, bribery, or other high crimes and misdemeanors."
Article III: CREATES THE COURTS
Section 1:
GRANTS to "one Supreme Court, and such inferior Courts as the Congress may from time to time ordain and establish" the "judicial power of the US".
PROVIDES for judges to hold their offices "during good Behaviour" and to receive compensation "which shall not be diminished during their continuance in office."
Section 2:
GRANTS the courts power over all cases:
• arising under this Constitution
• arising under the laws of the United States
• arising under Treaties
• affecting ambassadors, public ministers and consuls
• under admiralty and maritime jurisdiction
• where the United States is a party
• between two States
• between citizens of different States
GRANTS the Supreme Court Original Jurisdiction of:
• Cases affecting ambassadors, public ministers and consuls
• Cases in which a State is the party
GRANTS Supreme Court appellate jurisdiction of all other cases, subject to regulation by Congress
PROTECTS right to TRIAL BY JURY of all crimes except impeachment.
REQUIRES that trials be held in the State where crime committed.
PERMITS Congress to designate the place of trial where the crime was not committed within any State.
Section 3:
DEFINES TREASON as "levying war against" the US, or "adhering to their enemies, giving them aid and comfort."
PROHIBITS Conviction for Treason except on "testimony of two witnesses to the same overt act, or on confession in open court".
PERMITS Congress to prescribe punishment for treason, BUT
PROHIBITS imposition of punishment for treason extending to subsequent generations ("no attainder of Treason shall work corruption of blood, or forfeiture except during the life of the person attainted.")
ARTICLE IV: REGULATES RELATIONS AMONG THE STATES
Section 1:
REQUIRES each State to accord full faith and credit to public acts, records, and judicial proceedings of all other State courts.
AUTHORIZES Congress to create laws concerning procedure to give full faith and credit to acts of all States.
Section 2:
GRANTS to citizens of every State the privileges and immunities enjoyed by citizens of each State within its own jurisdiction.
REQUIRES mutual extradition authority among the States.
[REPEALED by 13th Amendment -- GRANT of right to slaveholders to retrieve escaped slaves as property.]
Section 3:
PERMITS admission of new States to the Union.
PROHIBITS:
• Formation of sub-States within a State
Formation of meta-States by merger of States or parts of multiple States, without concurrence of all involved States and the Congress.
Section 4:
GRANTS Congress the "power to dispose of" and regulate the "territory or other property of the US". (Non-waiver of any claim by the US or any States.)
ARTICLE V: PROTECTS THE CONSTITUTION
PERMITS Congress to amend on 2/3 vote.
PERMITS 2/3 of State Legislatures to call for a Constitutional Convention.
PERMITS 3/4 of State Legislatures to adopt an amendment to the Constitution.
PROHIBITS Constitutional amendment that would deprive any State of its voting representation in the Senate without the State's consent.
ARTICLE VI: SUPREMACY CLAUSE
REAFFIRMS debts and engagements of the Confederation.
ESTABLISHES Supremacy of the Constitution as Supreme law of the land.
REQUIRES US officers to be bound by oath or affirmation to "support this Constitution"
PROHIBITS any "religious test" as a requirement of government office.
ARTICLE VII: RATIFICATION OF THE CONSTITUTION
PERMITTED by nine States of the Thirteen