29. Declaration of Independence - established government on basis of ideals founded in Judeo-Christian worldview. Written primarily by Thomas Jefferson, but he drew from many sources and wanted it to be ’an expression of the American mind,” a summary of what Americans thought as a whole. It asserted that: 1. law and rights are established in God 2. Equality and justice for all under God is possible because all men are created equal in the eyes of God. (Gen 1:26) 3. Natural law and rights are given to all by God as gifts and thus are unalienable (cannot be taken away rightly) Our new government was to be a government of laws, not men. 4. The purpose of government is not to give, but to guarantee and secure these rights 5. If government fails to do this, it is the right and the duty of the people to change their government to secure these rights 6. Governments are established and maintain power through the consent of the governed, not by force.
30. US Constitution - 1. established a representative form of government based in law upon the ideals stated in the Declaration. 2. Established government of, by, and for the people - power is vested in the people. 3. The people agree or consent to be governed by elected representatives under a federal system of federal, state, and local levels. (vertical division) Separate branches are established to further divide power and responsibilities (horizontal division) 4. Equal justice under law is guaranteed and the Constitution is the supreme law of the land. 5. Established a system of checks and balances, a separation of powers, a bicameral (two house) Congress, a Bill of Rights, religious freedom, frequent elections, a difficult amendment process, and a natural law foundation to create a limit on governmental power. 6. The Founders believed in the Biblical principle that man is sinful in nature and prone to be selfish (Jer 17:9) - as a result, power must be limited or it will be abused and used for sinful, corrupting, and selfish goals, not for the honor of God, morality, virtue, and the common good or good of everyone.
Read the Preamble and Article 1 of the US Constitution below and answer the questions that follow:
The Constitution of the United States
Preamble Note
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 - The Legislative Branch Note
Section 1 - The Legislature
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 2 - The House
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
(Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.) (The previous sentence in parentheses was modified by the 14th Amendment, section 2.) The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations 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.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section 3 - The Senate
The Senate of the United States shall be composed of two Senators from each State, (chosen by the Legislature thereof,) (The preceding words in parentheses superseded by 17th Amendment, section 1.) for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; (and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.) (The preceding words in parentheses were superseded by the 17th Amendment, section 2.)
No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Section 4 - Elections, Meetings
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Place of Chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall (be on the first Monday in December,) (The preceding words in parentheses were superseded by the 20th Amendment, section 2.) unless they shall by Law appoint a different Day.
Section 5 - Membership, Rules, Journals, Adjournment
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section 6 - Compensation
(The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.) (The preceding words in parentheses were modified by the 27th Amendment.) They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Section 7 - Revenue Bills, Legislative Process, Presidential Veto
All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8 - Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 9 - Limits on Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
(No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.) (Section in parentheses clarified by the 16th Amendment.)
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.
Section 10 - Powers prohibited of States
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
QUESTIONS
1. According to the Preamble, the US Constitution is formed by and power is vested in the _____________?
2. What six things does the Preamble state are the objective goals of the Constitution?
3. What do you think the founders meant by "a more perfect Union?"
4. According to Article 1, Section 1, legislative (to make laws)powers are vested in a Congress made of of what two parts? ________________________________
5. According to Article 1, Section 2, elections in the House of Representaives take place every ____ years?
6. According to Art 1, Sec 2, how old must one be to be elected to the House of Representatives? ___________
7. According to Art 1, Sec 2, what other two requirements are there for election to the House of Representatives?
8. According to some state constitutions, (each state has it's own state constitution) there used to be a requirement stating that one had to be a member of a Christian church in order to be elected. Do you think that it was a good idea to establish that requirement by law according to the state? Why or why not?
9. Copy and paste to a separate sheet of paper the part of Art 1, Sec 2 that begins "Representatives and direct taxes..." and finishes with the words "Georgia three." This is a very important section and we will discuss in class next week
10. According to Art 1, Sec 2, the House of Represenatives has the power of impeachment. Define impeach.
11. According to Art 1, Sec 3, How many Senators is each state allowed? _______
12. According to Art 1, Sec 3, what is the length of a Senator's term in office? ______
13. T or F - According to Art 1, Sec 3, all Senators come up for re-election at the same time?
14. According to Art 1, Sec 3, what are the three requirements that need to be met in order to be able to be elected to the US Senate? ___________________________________________________________
15. According to Art 1, Sec 3, who is the President of the Senate? ______________________ When is the only time he can cast a vote? ___________________________
16. According to Art 1, Sec 3, the Senate has the power to try all federal officials who are impeached. At the trial, what fraction of the Senate must vote for impeachment to remove a person from office? ___________________
17. According to Art 1, Sec 4, Congress must meet at least how many times every year? _______________
18. According to Art 1, Sec 5, what fraction of each house is needed to expel a member? __________________
19. According to Art 1, Sec 6, under what charges or crimes can a member of Congress be arrested while in the Capitol building or going to or from it? _________________________________________________________
20. According to Art 1, Sec 7, what house of Congress must all bills raising revenue (that will cost money) originate in? ______________________________________
21. According to Art 1, Sec 7, after a bill passes both houses of Congress, it goes to the President of the United States - what are his options at that point? ____________________________________________________________
22. According to Art 1, Sec 7, if the President returns the bill unsigned (vetoes the bill), the Congress can override (or nullify) the President's veto by voting for the bill by what fraction of the members of each house?____________
23. According to Art 1, Sec 7, if the President does not sign the bill and does not return the bill to the Congress, what happens then? ________________________________
24. According to Art 1, Sec 8, Congress has the power to do many things. Read the section and list things things you DO NOT think they should have the power to do? _____________________________________________________________
25. Art 1, Sec 9 places limits on Congress, listing certain things it cannot do. What is a writ of habeus corpus? ________________________What is an ex post facto law? ___________________________________________________
26. Art 1, Sec 10 places limits on each state, listing certain things it cannot do. List three things Congress forbids the states from doing. ______________________________________________________________
EXTRA CREDITBelow are two links: One link is from the Americans United for the Separation of Church and State, a humanist site advocating the secularization of society. The other is from The American Center for Law and Justice, a Christian legal group that defends Christian values. Each week, Read an article from each and write a brief summary of the arguments from each side and your opinion of the issue.
http://www.aclj.org/Issues/
http://www.au.org/issues/
1 comment:
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