Tuesday, January 31, 2023

U.S. Constitution

 The Constitution of the United States

Article 1 - Establishes Congress

Article 2 - Establishes Executive

Article 3 - Establishes Judicial

Article 4 - Establishes relationship with States

Article 5 - Establishes how to amend

Article 6 - Establishes that previous debts, laws, agreements, treaties, etc... continue.

Article 7 - Establishes ratification process

Bill of Rights

1st Amendment - Freedom of religion, speech, press, assemble and petition the government

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

2nd Amendment - Right to Bear Arms

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.

3rd Amendment - Quartering of Troops

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

4th Amendment - Unreasonable Searches and Seizures

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.5th - Due Process

5th Amendment - You don't have to testify against yourself

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 offence 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.

6th Amendment - Speedy Trial, Charges, Confront Witnesses, Compulsory process for obtaining witnesses and to be represented by council

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 defense.

7th Amendment - You have a right to a trial by jury to settle disputes between your fellow man

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.

8th Amendment - Cruel and unusual punishment

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

9th Amendment - James Madison wanted it to be clear the Constitution does NOT take away those rights given to us by our creator

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

10th Amendment - If it's not in the Constitution then the States have it for action

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.

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Other Amendments everyone talks about and you should know:

18th Illegal to drink beer

21st legal to drink beer

16th Legalize the income tax

17th Direct election of Senators (Used to be up to the Governor or State Legislative body)

15th Everyone votes... Except women

19th Women get the vote (August 18th, 1920)

25th Presidential succession

26th Voting age 18 (July 1st, 1971)

27th Prohibits Congress from giving themselves a raise: "No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened."

It's a little known fact that the original Bill of Rights had 12 Amendments. The 27th Amendment was the original 2nd Amendment proposed in 1789 but it didn't make the Bill of Rights initial cut and was just left hanging in limbo. Finally on May 7, 1992 the State of Michigan ratified the Amendment giving it the needed 3/4ths of the States to become part of the Constitution. Instead of being the 2nd it became the 27th.

Ensign David Beemer's 1st collateral duty was supporting the Commission on the Bicentennial of the United States Constitution - USS Robert E. Peary, FF-1073. Basically I got a few boxes of pocket Constitutions and made sure every member of the command got one. Looking back that was a missed opportunity to help my shipmates understand what each of us swore to:

I _____________do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

My pocket Constitution circa 1988