The Constitution Explained

[freedomforall]

The Constitution Explained
http://www.usconstitution.net/constquick.html" onclick="window.open(this.href);return false;

The Constitution is often hailed as a marvel of brevity and of clarity. It was, however, written in the 18th century, and many of the ideas, concepts, words, phrases, and euphemisms seem odd to us today, if not down right foreign. Some of the more obscure words are defined in The Glossary.

But what of the Constitution itself? What does it mean? What does each article, each section, say?

This page is like a synopsis or summary of the Constitution, article by article, amendment by amendment. This should not be taken as a substitute for the Constitution, but more like a study guide.

The Preamble to the Constitution has no force in law; instead, it establishes the "Why" of the Constitution. Why is this document in existence? It reflects the desires of the Framers to improve on the government they currently had (to be "more perfect" than the Articles of Confederation), to ensure that that government would be just, and would protect its citizens from internal strife and from attack from the outside. It would be of benefit to the people, rather than to its detriment. And, perhaps as importantly, it intended to do the same for the future generations of Americans. A more extensive exploration of the Preamble is also available.

Article 1 establishes the first of the three branches of the government, the Legislature. Section 1 establishes the name of the Legislature to be The Congress, a bicameral, or two-part, body.

Section 2 defines the House of Representatives, known as the lower house of Congress. It establishes a few minimum requirements, like a 25-year-old age limit, and establishes that the people themselves will elect the members for two years each. The members of the House are divided among the states proportionally, or according to size, giving more populous states more representatives in the House. The leader of the House is the Speaker of the House, chosen by the members.

Section 3 defines the upper house of Congress, the Senate. Again, it establishes some minimum requirements, such as a 30-year-old age limit. Senators were originally appointed by the legislatures of the individual states, though this later changed. They serve for six years each. Each state has equal suffrage in the Senate, meaning that each state has the exact same number of Senators, two each, regardless of the population. This Section introduces the Vice-President, who is the leader of the Senate (called the President of the Senate); the Vice-President does not vote unless there is a tie.

Section 4 says that each state may establish its own methods for electing members of the Congress, and mandates, or requires, that Congress must meet at least once per year.

Section 5 says that Congress must have a minimum number of members present in order to meet, and that it may set fines for members who do not show up. It says that members may be expelled, that each house must keep a journal to record proceedings and votes, and that neither house can adjourn without the permission of the other.

Section 6 establishes that members of Congress will be paid, that they cannot be detained while traveling to and from Congress, that they cannot hold any other office in the government while in the Congress.

Section 7 details how bills become law. First, any bill for raising money (such as by taxes or fees) must start out in the House. All bills must pass both houses of Congress in the exact same form. Bills that pass both houses are sent to the President. He can either sign the bill, in which case it becomes law, or he can veto it. In the case of a veto, the bill is sent back to Congress, and if both houses pass it by a two-thirds majority, the bill becomes law over the President's veto. This is known as overriding a veto.

There are a couple more options for the President. First, if he neither vetoes a bill nor signs it, it becomes a law without his signature after 10 days. The second option is called a pocket veto. It occurs if Congress sends the bill to the President and they then adjourn. If the President does not sign the bill within 10 days, it does not become law.

Section 8 lists specific powers of Congress, including the power to establish and maintain an army and navy, to establish post offices, to create courts, to regulate commerce between the states, to declare war, and to raise money. It also includes a clause known as the Elastic Clause which allows it to pass any law necessary for the carrying out of the previously listed powers.

Section 9 places certain limits on Congress. Certain legal items, such as suspension of habeas corpus, bills of attainder, and ex post facto laws are prohibited. No law can give preference to one state over another; no money can be taken from the treasury except by duly passed law, and no title of nobility, such as Prince or Marquis, will ever be established by the government.

Section 10, finally, prohibits the states from several things. They cannot make their own money, or declare war, or do most of the other things prohibited Congress in Section 9. They cannot tax goods from other states, nor can they have navies.

Article 2 establishes the second of the three branches of government, the Executive. Section 1 establishes the office of the President and the Vice-President, and sets their terms to be four years. Presidents are elected by the Electoral College, whereby each state has one vote for each member of Congress. Originally, the President was the person with the most votes and the Vice-President was the person with the second most, though this is later changed. Certain minimum requirements are established again, such as a 35-year minimum age. Presidents must also be a natural-born citizen of the United States. The President is to be paid a salary, which cannot change, up or down, as long as he in is office.

Section 2 gives the President some important powers. He is commander-in-chief of the armed forces and of the militia (National Guard) of all the states; he has a Cabinet to aid him, and can pardon criminals. He makes treaties with other nations, and picks many of the judges and other members of the government (all with the approval of the Senate).

Section 3 establishes the duties of the President: to give a state of the union address, to make suggestions to Congress, to act as head of state by receiving ambassadors and other heads of state, and to be sure the laws of the United States are carried out.

Section 4 briefly discusses the removal of the President, called impeachment.

Article 3 establishes the last of the three branches of government, the Judiciary. Section 1 establishes the Supreme Court, the highest court in the United States. It also sets the terms of judges, of both the Supreme Court and lower courts: that they serve as long as they are on "good behavior," which usually means for life (no Justice and only a few judges have ever been impeached). It also requires that judges shall be paid.

Section 2 sets the kinds of cases that may be heard by the federal judiciary, which cases the Supreme Court may hear first (called original jurisdiction), and that all other cases heard by the Supreme Court are by appeal. It also guarantees trial by jury in criminal court.

Section 3 defines, without any question, what the crime of treason is.

Article 4 concerns the states. Section 1 mandates that all states will honor the laws of all other states; this ensures, for example, that a couple married in Florida is also considered married by Arizona, or that someone convicted of a crime in Virginia is considered guilty by Wyoming.

Section 2 guarantees that citizens of one state be treated equally and fairly like all citizens of another. It also says that if a person accused of a crime in one state flees to another, they will be returned to the state they fled from. This section also has a clause dealing with fugitive slaves that no longer applies.

Section 3 concerns the admittance of new states and the control of federal lands.

Section 4 ensures a republican form of government (which, in this case, is synonymous with "representative democracy," and both of which are opposed to a monarchical or aristocratic scheme - the state derives its power from the people, not from a king or gentry) and guarantees that the federal government will protect the states against invasion and insurrection.

Article 5 details the method of amending, or changing, the Constitution. Please see The Amendments Page for more information.

Article 6 concerns the United States itself. First, it guarantees that the United States under the Constitution would assume all debts and contracts entered into by the United States under the Articles of Confederation. It sets the Constitution and all laws and treaties of the United States to be the supreme law of the country. Finally, it requires all officers of the United States and of the states to swear an oath of allegiance to the United States and the Constitution when taking office.

Article 7 details the method for ratification, or acceptance, of the Constitution: of the original 13 states in the United States, nine had to accept the Constitution before it would officially go into effect.

The Amendments

The first ten amendments to the Constitution were all adopted at the same time and are collectively known as the Bill of Rights.

The 1st Amendment protects the people's right to practice religion, to speak freely, to assemble (meet), to address (petition) the government, and of the press to publish.

The 2nd Amendment protects the right to own guns. There is debate whether this is a right that protects the state, or a right that protects individuals.

The 3rd Amendment guarantees that the army cannot force homeowners to give them room and board.

The 4th Amendment protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason).

The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, that they may not be tried twice for the same crime, that you need not be forced to testify against yourself, and from property being taken without just compensation. It also contains due process guarantees.

The 6th Amendment guarantees a speedy trial, an impartial jury, that the accused can confront witnesses against them, and that the accused must be allowed to have a lawyer.

The 7th Amendment guarantees a jury trial in federal civil court cases. This type of case is normally no longer heard in federal court.

The 8th Amendment guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines will not be set.

The 9th Amendment is simply a statement that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated.

The 10th Amendment is the subject of some debate, but essentially it states that any power not granted to the federal government belongs to the states or to the people. See the Federalism Topic Page for more information.

SEE: http://www.usconstitution.net/constquick.html" onclick="window.open(this.href);return false; for other links and info.

[freedomforall]

For years we have heard of the role the elders could play in saving the Constitution from total destruction. But how can the elders be expected to save it if they have not studied it and are not sure if it is being destroyed or what is destroying it?...
Now it is not so much a case of a man giving up all his other duties to fight for freedom, as it is a case of a man getting his life in balance so he can discharge all of his God-given responsibilities. And of all these responsibilities President McKay has said that we have “no greater immediate responsibility” than “to protect the freedom
vouchsafed by the Constitution of the United States.” There is no excuse that can compensate for the loss of liberty.

[eddie]

The Constitution under which we live, and which has not only blessed us but has become a model for other constitutions, is our God-inspired national safeguard ensuring freedom and liberty, justice and equality before the law.

GORDON B. HINCKLEY

4. “Hence, we say that the Constitution of the United States is a glorious standard; it is founded in the wisdom of God. It is a heavenly banner; it is to all those who are privileged with the sweets of liberty, like the cooling shades and refreshing waters of a great rock in a thirsty and weary land. It is like a great tree under whose branches men from every clime can be shielded from the burning rays of the sun…We say that God is true; that the Constitution of the United States is true…” – President Joseph Smith (HC 3:304)

[eddie]

President Thomas S. Monson

September 17, 2002

“Let us pause and reflect upon the many blessings we as Americans have received from our Constitution and the debt of gratitude we owe those heroic signers. As we do so, we might also recognize that freedom is not free. Sacrifice has been required to protect and to preserve the very freedoms we cherish.”

[Darren]

The U.S. Constitution is a continuation of the "Law" way to run a society that began when Jesus Christ told the members of his church living in Northern Europe to commit themselves to live by Law. Just as in the Book of Mormon he told them to "Look" unto Him in every thought (the Germanic word Lo, is where we get the English word Law from), and He gave them the Institutional structure of how to do that, and the continuation of that beginning in FornSigtuna has been reproduced and conveyed many times from that time until the U.S. Constitution copied that.

To know your constitution is to understand that in the "Tradition" of the Founding Fathers. And we cannot save the constitution until we understand it at that level.

God Bless,
Darren

[lundbaek]

Which, I assume, is why President Benson told us in the October 1987 general conference that "We must learn the principles of the Constitution in the tradition of the Founding Fathers." And, as I remember, his very nest words were "Have we read the Federalist Papers ?" Sounds like a helpful hint where to start.

[lundbaek]

For over 25 years I have been concerned about the LDS Church's apparent silence since about 1987 on the subject of the U.S. Constitution and its special significance to Latter-day Saints, and about the lack of interest/concern (and occasionally actual scorn) for this subject on the part of local Church authorities. I was afraid it meant that members of the Church should actually avoid concerning themselves about the Constitution and protecting our freedoms in general, an impression I had been getting in response of my efforts to inspire Latter-day Saints to learn, uphold and abide the principles of the Constitution. I wondered if the end had come Re. the importance our duty to learn, uphold, and abide by the principles of the Constitution, which had been emphasized by latter-day prophets and apostles in decades past.

To my relief, I found the following statements in the LDS Church publication, the DOCTRINE AND COVENANTS Student Manual - Religion 324 and 325, which I received as a Christmas gift.

"Without the Constitution there would be no government such as the Lord had in mind. The Lord gave us that government by providing the Constitution written by the hands of wise men whom He raised up for this very purpose. It was an act of God (Teachings of the Prophet Joseph Smith, p. 147)."

".....the law - the Constitution - provided the very thing the Lord had in mind: freedom to reestablish His work in these last days, for He had so arranged it.....For years the Church has held that the Constitution is an inspired document.....May we never forget the underlying reasons for it all: to provide a proper place for the restoration of the gospel and to allow for the worldwide preaching of that sacred word.....Let us always remember that its formation was one of the vital steps preparatory to the second coming of the Savior." (Great prologue, pp. 74-75, 78)

"The principles of that great instrument are to go forth to the nations, and the time will come when they will prevail, just as sure as the sun shines even when it appears to be in darkness and the clouds are over it." (Conference Report, Apr. 1917, p.20)

Source: DOCTRINE AND COVENANTS Student Manual - Religion 324 and 325

Two statements in particular convince me that the U.S. Constitution is still important today: 1.)"Let us always remember that its formation was one of the vital steps preparatory to the second coming of the Savior." and 2.)"The principles of that great instrument are to go forth to the nations, and the time will come when they will prevail,..."

In the April 1935 General Conference, President J. Reuben Clark stated "To me... that statement of the Lord, 'I have established the Constitution of this land,' puts the Constitution of the United States in the position in which it would be if it were written in the book of Doctrine and Covenants itself." It looks to me like that statement still applies today.