Constitution's Specifics: What's Written And Why

A constitution is a set of fundamental principles that determine how an entity is governed. When these principles are written down into a single document, it is known as a written constitution. The Constitution of the United States, for example, is the supreme law of the United States of America. It outlines the frame of the federal government, with its first three articles embodying the doctrine of the separation of powers into the legislative, executive, and judicial branches. The Constitution also enumerates specific powers, such as the power to set taxes and tariffs, and includes a Bill of Rights that protects certain unenumerated rights like the right to travel and the right to privacy. While the US Constitution serves as a written framework, other constitutions, like the United Kingdom's, are uncodified, meaning they are not contained in a single document but rather derived from various sources such as fundamental acts, court cases, and treaties.

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The Constitution guarantees rights to the accused

The US Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution is comprised of several articles, amendments, and clauses that outline the rights and responsibilities of the federal government, state governments, and citizens.

One of the critical rights guaranteed by the Constitution is the protection of the accused during criminal prosecutions. This protection is specifically outlined in the Sixth Amendment, ratified on December 15, 1791. The Sixth Amendment grants the accused a series of rights, including:

• The right to a speedy and public trial: This right ensures that criminal trials are conducted without unnecessary delay and are open to the public and media, except in cases where the defendant requests privacy or where public safety or national security is a concern.
• The right to an impartial jury: The accused has the right to be tried by a jury of impartial members from the state and district where the crime was committed.
• The right to be informed of the nature and cause of the accusation: The accused must be made aware of the criminal charges against them.
• The right to confront witnesses: The accused has the right to question and challenge the witnesses testifying against them.
• The right to compulsory process: This includes the right to subpoena witnesses to testify in their defence and the right to testify in their own defence.
• The right to legal representation: The accused has the right to legal counsel for their defence, regardless of their ability to pay.

These rights are essential for ensuring a fair and impartial criminal justice process. The Sixth Amendment has been extended by the Supreme Court to apply to state trials, and it plays a crucial role in safeguarding the rights of individuals accused of crimes.

The Constitution also includes other provisions that protect the rights of citizens, such as the Ninth Amendment, added as a compromise to address the concerns of Anti-Federalists during the Constitutional ratification debates. The Ninth Amendment protects "unenumerated" rights, which are not explicitly listed but are nonetheless important. These unenumerated rights include the right to travel, the right to vote, the right to privacy, and the right to make important decisions about one's health care or body.

Congress has the power to establish a national income tax

The Constitution of the United States is the supreme law of the United States of America. It outlines the federal government's structure and function, with any powers not specifically granted to the federal government being left to the states. These specifically granted powers are known as "enumerated powers".

The Constitution grants Congress the power to "lay and collect taxes, duties, imposts and excises". This power is outlined in the Taxing Clause of Article I, which also states that these taxes must be uniform throughout the United States. The power to appropriate federal funds is known as the "power of the purse", and it gives Congress significant authority over the executive branch, which must appeal to Congress for funding.

The 16th Amendment, passed by Congress on July 2, 1909, and ratified on February 3, 1913, specifically established Congress's right to impose a federal income tax. This amendment states that "the Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration". The 16th Amendment was the culmination of a series of political and economic events, including the financial requirements of the Civil War, which prompted the first American income tax in 1861. This was a flat 3% tax on all incomes over $800, which was later modified to include a graduated tax.

The income tax was repealed in 1872, but the concept did not disappear. In 1894, Congress enacted a 2% tax on income over $4,000 as part of a high tariff bill. This was struck down by the Supreme Court, which ruled that it was a "direct" tax and therefore required apportionment among the states. However, the Supreme Court has also held that the Due Process Clause does not restrict Congress's taxing power.

The rise of the Progressive Party and the victory of the Democratic Party in the 1912 Presidential Election facilitated the ratification of the 16th Amendment, with 36 out of the then 48 states ratifying it by 1913. The long-term impact of this amendment was a shift in the way the federal government received funding, with a more centralized institution sourcing funding through the incomes of individuals and states.

The Constitution prohibits bills of attainder

In the United States Constitution, the federal government's power is limited to what is written in the document. These are known as "enumerated powers". If the Constitution does not specifically grant a power to the federal government, that power is left to the states. The Constitution delineates the framework of the federal government, which is divided into three branches: the legislative, the executive, and the judicial.

The Constitution of the United States prohibits bills of attainder, which are "laws that legislatively determine guilt and inflict punishment upon an identifiable individual without provision of the protections of a judicial trial". Bills of attainder are forbidden to both the federal government and the states, and every state constitution expressly forbids them. The US Supreme Court has invalidated laws under the Attainder Clause on five occasions.

The modern understanding of the bill of attainder clause is that it prohibits laws that label "a person or group as a wrongdoer and takes their property, liberty, or both without due process". Bills of attainder are considered a violation of the separation of powers doctrine, as they are necessarily a judicial matter.

The United States Constitution forbids legislative bills of attainder in federal law under Article I, Section 9, Clause 3 ("No Bill of Attainder or ex post facto Law shall be passed"), and in state law under Article I, Section 10. The clauses forbidding attainder laws serve two purposes: they reflect the importance that the Framers attached to this issue, and they act as a prohibition of arbitrary takings.

The Supreme Court has applied the Bill of Attainder Clause in several cases, including United States v. Lovett (1946), United States v. Brown (1965), Ex parte Garland (1866), and Cummings v. Missouri (1866).

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Federal judges are appointed for life

The Constitution of the United States is the supreme law of the land, delineating the framework of the federal government. The first three articles of the Constitution embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.

The judicial branch, as outlined in Article III, consists of the Supreme Court and other federal courts. Article III states that federal judges are appointed for a life term, or until they resign, die, or are removed from office by impeachment. This clause, known as the "Good Behavior Clause," has been interpreted to grant federal judges life tenure, allowing them to hold their offices during "good behaviour."

The rationale behind lifetime appointments for federal judges is to preserve judicial independence and insulate them from temporary public passions, allowing them to apply the law without electoral or political concerns. Alexander Hamilton, during the drafting era, championed lifetime tenure as essential for judicial autonomy, arguing that the judiciary's lack of military or financial power made it the least threatening branch.

However, lifetime appointments for federal judges have also faced criticism and concerns. Some scholars have expressed worries about the cognitive aging of judges, as modern judges often serve much longer than in the past. There are also concerns that the judiciary may become an extension of the political battleground, with justices aligning themselves with ideological camps, potentially leading to a loss of public confidence in the court's impartiality.

While the Constitution does not provide specific eligibility criteria for becoming a federal judge, it does outline the nomination and confirmation process. Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate. The Constitution also mandates that Congress be bicameral, divided into the Senate and the House of Representatives, with the number of seats in the House based on population.

The Constitution establishes a framework for the US government

The Constitution of the United States is the supreme law of the United States of America. It establishes a framework for the US government, superseding the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.

The legislative branch, consisting of the bicameral Congress (Article I), is responsible for passing laws and has the power to set taxes, tariffs, and other means of raising federal revenue. The executive branch, consisting of the President and subordinate officers (Article II), is responsible for executing the laws and acting as the nation's head of state and government. The President is also the Commander-in-Chief of the Armed Forces and has the power to veto laws passed by Congress. The judicial branch, consisting of the Supreme Court and other federal courts (Article III), is responsible for interpreting the laws and ensuring they conform to the Constitution.

The Constitution also outlines the rights and responsibilities of state governments and their relationship with the federal government (Articles IV, V, and VI). It establishes a system of federalism, where powers not delegated to the federal government are reserved for the states or the people. The Constitution further protects the personal liberties of citizens, including prohibiting ex post facto laws and bills of attainder.

The Constitution provides a system of checks and balances between the three branches of government, ensuring that no single branch holds too much power. It also establishes the procedure for amending the Constitution, requiring national proposal and state ratification. The Constitution is a living document that has been interpreted and amended over time to meet the changing needs of the nation.

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