The Constitution

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•   Constitution of United States has 3 main sections:        

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• MPU - citizens of each state must share in the benefits of justice, civil order and etc, and the also must shoulder responsibility 

• Justice requires laws that protect people without tacking away their natural rights. 

• Domestic tranquility (домашнее спокойствие) - based on sound and wise lows, which assure peace within all states.

• General Welfare - equal opportunities under the law.

• Common defense - "All for one and one for all"

• Liberty - "To secure the blessing of liberty to ourselves and our posterity"

• The Preamble 

• The Constitution of United States divided into 7 Articles.

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• 1. The Legislative Branch. It consists of a Bicameral Congress with the power to make laws. 2 houses: ~ House of Representatives.  1) Consist of 435 representatives (no less than 1 repr-ves from each state). 2) Members are elected every 2 years. Candidate must have been citizen of the US 7 years, and be at least 25 years old. 3) Speaker and other officers are chosen once a year. 4) Main task - is to make laws (bill - законопроект)   ~ Senate 1) Members are elected to 6 years-term. Candidate must be citizen of US 9 years, and be at least 30. 2) From tach state are elected 2 senators. 3) Consist of 100 senators.  4) One of the task - is to make TAX bill. For federal officers (president, Vice President, US Congress) Election Day occurs on the first Tuesday after the first Monday in November of even-numbered years.    When the Vice President is unalienable the President Pro tempore (is Latin meaning "for a time allotted", typically the most senior member) conducts Senate meetings. For bill becoming law it must be: passed by 2 Houses -> signed by the president during 10 days, except Sunday.  It's called VETO. However, IF the bill was signed by two-third majority members from both Houses, it will overrides the President VETO. First Article also outlines the power of Congress. (Picture 1)

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• 2. The Executive Branch  In the Constitution Article ll divided into 4 section: Section 1: President and Vice President.  > Pr-t and Vice Pr-t are elected for a four-year term. > The manner in which Pr-t is to be elected.    ~ Each state is allocated a number of elections - equal to the number of senators + representatives.   ~ In each state, firstly, political parties; second, the voters by casting their ballots, select their electors (electoral votes[электоральный голоса] depend from the quantity of citizens in state)  --->   electors have pledged themself to vote for the candidate of that particular party; so, on Election Day, voters vote for slate of people (electors)   --->   IF party WIN in state, it gets ALL votes   --->   In December electoral college (electors) select Pr-t and Vice Pr-t. (picture 2) > The presidential oath (picture 3) > Congress is to set the president's salary > Congress decides what to do, if president is disabled or smth else. More details are outlines in Twenty-Fifth Amendment. Section 2: Powers of the President. (What he or she is allowed to do) > Act as a commander-in-chief of the armed forces > Appoint: secretary of state, secretary of defense, ambassadors to foreign lands, judges to Supreme Court > Grant pardons, except impeachment > Enter into treaties with foreign power Section 3: Duties and Responsibilities of the President. (What he or she is expected to do) > Giving Congress regular information on the state of the union > Convening or adjourning houses of Congress > Receiving ambassadors > Assuring that he laws be "faithfully executed" Section 4: Impeachment. (is the process by which a government leader is charged with a crime).  3 Presidents have been impeached but not removed from offices: William Clinton (1998), Andrew Johnson (1865), Donald Trump (2019; 2021)  

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• 3. The Judicial Branch. It consists of the Supreme Court, which has 9 judges, and the lower federal courts.  Power: ~ to interpret laws; decide if they're constitutional. If a law is against the constitution, the Supreme Court can strike down it.  ~judicial review, the justices can decide the unconstitutional case. The court has original jurisdiction (юрисдикция первой инстанции), it means that it has authority to hear cases that haven't already been tried by lowers courts.  Under Supreme Court, there's appellate jurisdiction.

• 4. Relations Between the States. 1) Every state must respect the laws of all other states; 2) States aren't permitted to treat residents of other states unfairly; 3) If a person charged whit a crime, and fled from one state to other, the last one has an obligation to return suspect; 4) Congress has power to admit new state into the Union; 5) Each state and its government are to be protected by the armed forces of the United States.   

• 5. Amendments to the Constitution. How amendments are to be made to the Constitution. 

• 6. Constitution as Supreme Law. The article has 3 main provisions: 1) The US is obligated to repay any debts on money borrowed before the Constitution was adopted; 2) The Constitution, the laws of Congress, and all treaties are the highest law of the land. Any state laws that violates the provisions Of the Constitution can be overturned; 3) All people who are connected with Congress, Senate, legislature, executive, judicial branches, and etc must tale an oath to obey the Constitution of US.  

• 7. Ratification of the Constitution. This article explains how the Constitution was to be ratified. It has happened on June 21, 1788. 1789 George Washington became the first president of the US.

• Amendments

•   The Bill of Rights On September, 1789, the first Congress of US proposed 12 amendments that covered these issues of the right of citizens. However, only 10 of amendments was ratified.   

• 1. The First Amendment grants five freedoms: 1) Religion. The Supreme Court created a "wall of separation" between religion and government actions. 2) Speech. Freedom of speech can't be denied unless it's accompanied by actions that threaten or harm other people. "Yelling "Fire" in a crowded hall isn't free speech" - Supreme Court.  3) Press. The freedom of the press is vital to democracy. Tomas Jefferson was a great advocate of a free press. 4) Assembly. Freedom of assemblies means that people have the rights to gather peacefully to demonstrate or march for smith they believe in.  5) Petition. The right to petitions gives Americans the freedom to attempt to influence members of the government. when this right is expressed in a letter or a statement signed by many people. the request is called a petition.   

• 2. Every state has the right to a well-armed militia. Therefore, it guarantees the right of the people to keep and bear arms. The right to own a gun is a public right.

• 3. That in time in peace, no citizen shall have to quarter soldiers. Now this amendments is outdated. Nevertheless, the amendment still stands because it protects Americans from government intrusion. 

• 4. People have a right to be safe from police searches and arrests in their homes. Only a judge can issue a proper search  warrant to police officers. 

• 5. 1) No person can be charged with a capital crime unless a charge is brought by a grand jury. 2) Double jeopardy rule. 3) No person can be forced to speak against or to produce evidence that would in any way incriminate the individual.  4) A person must be treated fairly by the police and the courts. 5) Eminent domain (экспроприация). 

• 6. Basic principles of  due process: 1) Every person has a right on speedy trial. "Justice delayed is justice denied". 2) Accused people must be informed of the charge or charges brought against him. 3) Under a Supreme Court decision of 1963, "Gideon v. Winright, person who can't afford a lawyer must have one provided by the court." 4) People have a right on trial if only they declare themself innocent in the pretrial hearing. A person who pleads guilty is sentenced by the judge and doesn't stand trial.

• 7. Jury trial (судебное разбирательство).  At least 20$ in value. Unlike criminal law, civil law dealing with disputes over property, business contracts, and the like. 

• 8. "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted".  Bail - is an amount set by a judge, which allows an accuse person to remain free until trial take place.  ​​​​A fine can be punishment. "Hands which could be cut off for stealing" and etc. America have to be free of such barbaric punishments. 

• 9. The Ninth Amendment is about rights not enumerated in the Constitution. It states that rights specified in the Constitution don't deny or reject other rights held by the people. 

• 10. All powers not given to the federal government are reserved to the states or to the people.  The 4 - 8 amendments provide basic legal rights. Along with 14 Amendments (1868) they outline what's meant.

• > 13 Amen-t (1865). Slavery > 14 Amen-t (1868). It is basis of much civil rights legislation. Slavery, rights of citizens. > 15 Amen-t (1870). No male citizen can be denied to tight to vote. > 18 Amen-t (1919). Prohibition on alcohol. Later was repealed by 21 Amen-t, because was only Amen-t that limited freedom of citizens.  > 19 Amen-t. The right to vote to women. > 26 Amen-t. Lowering the voting age to 18. 

• Check and Balances.  Check and Balances are controls given to one branch of government to limit the power of another branch. The idea as belonged to a James Madison.  Socialstidieshelp.com (How does our system of checks and balances help protect our rights.)

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• Federalism  Federalism - from latin " fidere - to trust". A basic aim is to balance the power of the central and state governments.  Segregation was challenged in the federal courts. Integration was made the law of the land by a decision of  the Supreme Court. 

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• Popular Sovereignty.  This principle of self-determination was implied under the concept of federalism, because of "salver issue". "The rule of people", also, is that people in a state can determine the laws within the state.  1803, president Tomas Jefferson signes a tract "Lousiana Purchase". 1818 - there were 22 states in America - 11 free and 11 permitted slavery. At that time. 1819, Missouri Territory apply for statehood, being permitted slavery.  1820 - Missouri Compromise. But it wasn't enough, moreover "slave issue" still had been unsolved. Only Civil War (1861 - 1865) Would resolve this problem.

• Interpreting the Constitution Trying to control people's behavior by passing laws isn't always wise. 1) Marbury v. Madison.  William Marbury was appointed as a justice of the peace for the District of Columbia by president John Adams. (The DAY before the end of presidential term, J.Adams appointed 42 justices of the peace from among of the federalists (Adams was federalist).  -->  The appointment needed The Great Seal of the Republic (is used to authenticate certain documents issues by the US federal government) from the secretary of state, which at that time was John Marshall.  --> Marshall sent out all documents except of 4. He was sure that the rest of the patents would be issued by a his successor(преемник) - James Madison, and he was mistaken.  --> Madison refused to add a seal to Marbury's appointed. -->  Marbury took his case on the Supreme Court. --> In deciding on this case, the Supreme Court determined that that the Judiciary of 1789 was unconstitutional. ​​​​​​​​ --> Based on this argument, the Supreme Court reject Marbury's injunction order. Since the time of Marbury v. Madison, the Supreme Court has overturned  ​​​​more than 100 federal laws and more them 1,000 state laws. 2) Brown v. Board of education of Topeka, Kansas NAACP (Nation Association fro the Advancement of Colored People) was founded in 1909. Oliver Brown field a suit(подвл иск) agains the board of education in Topeka, Kansas, on behalf of his 7 years-old daughter. The segregation school was in 1 hour and 20 minutes away his house, however school for wight children closer.  --> In 1952, NAACP attorneys took Brown's case to the Supreme Court. His case was joined with other school segregation cases.  --> The chief justice, Frederic Vinson, wasn't a strong leader. In 1953 he died.  --> Earl Warren replaced him. He was a strong leader who opposed segregation. He overturned the separate but equal principle, thus making the decision in Plessy v. Ferguson unconstitutional.  It make other kind of segregation unconstitutional.  3) Heart of Atlanta Hotel v. United States.  Even thought segregation was ended in the public schools, racism remaining. State and local governments continued to argue that 10 Amendment allowed them to maintain white-only facilities. In 1964, the Supreme Court ruled that racial discrimination harmed interstate commerce.  By this decision, the Supreme Court showed that can overturned even local laws.