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U.S. Constitution

Articles by Eleanor Stratton

Browse articles in Articles by Eleanor Stratton on U.S. Constitution

Ninth Amendment & Privacy

The Ninth Amendment of the United States Constitution, ratified as part of the Bill of Rights in 1791, states, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This amendment was a result of the debates during the...

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US Presidential Impeachment Process

Article II, Section 4 of the U.S. Constitution states that "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." This section lays the groundwork for...

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US Constitution & Native Rights

In the 18th and 19th centuries, many treaties were made between the U.S. government and Native American tribes. These treaties often allowed for peace and the transfer or protection of tribal lands. However, the realities of power imbalances and settlers' desire for land often contradicted the...

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19th Amendment Analysis

The Seneca Falls Convention of 1848, led by Elizabeth Cady Stanton and Lucretia Mott, was a pivotal event in the history of women's rights in America. It marked the initial organized push for women's suffrage and challenged existing notions about the social and legal barriers placed on women. The...

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Fourth Amendment & Surveillance

The Fourth Amendment to the U.S. Constitution was penned in response to severe grievances under British rule regarding privacy violations and unreasonable searches and seizures. This was a period where British authorities utilized "writs of assistance," which effectively served as general search...

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13th Amendment & Mass Incarceration

The ratification of the 13th Amendment in 1865 marked a pivotal moment in the United States, emerging directly from the tumultuous years of the Civil War, where the divides over slavery threatened to irreparably fracture the nation. Designed to formally abolish slavery, this amendment was born in a...

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Third Amendment Litigation

During the times leading up to the American Revolutionary War, the British Parliament enacted the Quartering Acts, which required American colonists to provide housing and necessities for British soldiers stationed in America. This imposition was viewed as a violation of personal property and...

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1787 Constitutional Convention

The Articles of Confederation, while providing a semblance of national unity, had significant limitations in the post-Revolutionary War era. Under the Articles, each state acted almost as an independent entity, leading to inefficient governance at the national level. This weak federal setup made it...

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26th Amendment Impact on Youth Voting

The push to reduce the voting age from 21 to 18 in the United States was sparked significantly by military conscription policies and youth impact during times of conflict, notably World War II and the Vietnam War. President Franklin D. Roosevelt's decision to lower the military draft age to 18...

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Commerce Clause Powers

The Commerce Clause in Article I, Section 8 of the U.S. Constitution gives Congress the power to regulate commerce with foreign nations, among the several states, and with the Indian tribes. Originally, this clause was interpreted narrowly, focusing primarily on trade and direct commercial...

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ERA Failure & Relevance

Alice Paul drafted the original Equal Rights Amendment in 1923, just three years after women secured the right to vote through the Nineteenth Amendment. Her goal was to ensure gender equality in all areas of American law. Paul had experience with the British women's suffrage movement and brought...

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SCOTUS vs. Presidential Power

The 14th Amendment emerged from the aftermath of the American Civil War. Established in 1868, it aimed to redefine the nation's civil and legal landscape during the reintegration of Southern states into the Union. The amendment's architects sought to prevent former Confederates from regaining...

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SCOTUS & Climate Policy

The Supreme Court's adoption of the Major Questions Doctrine represents a critical pivot in how federal agencies may regulate environmental and other significant policies. The doctrine necessitates clear and explicit congressional authorization for any regulatory actions that carry major economic...

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Unsung Founding Fathers

Roger Sherman distinguished himself as a critical figure at the Constitutional Convention. Known for his ability to forge unanimity among diverse opinions, Sherman devised the Connecticut Compromise, which resolved an impasse between small and large states. This compromise shaped the structure of...

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First Amendment & Social Media

The First Amendment, born from a wariness of tyrannical control, marks a deliberate effort by the Founding Fathers to guarantee an essential human right— free speech . Forged in the crucible of conflict and philosophical debate, this amendment embodies the principals of a nascent democracy...

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Republic vs Democracy

The United States operates as a constitutional republic , a form of government that involves representatives elected by the people, who execute their duties under the constraints of a prevailing constitution that specifies the powers and limits of government. One fundamental principle of a...

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25th Amendment Usage

The assassination of President John F. Kennedy in 1963 exposed a significant gap in the U.S. Constitution regarding presidential succession and incapacity. Kennedy's death underlined the necessity for a formal and consistent process to manage these situations, as previous instances of presidential...

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First Amendment Speech Rights

The First Amendment, a pillar of American democracy, enshrines freedom of speech among its key protections. This right has experienced an evolving interpretation since its inception in 1791. Initially, its boundaries were not clearly defined, leaving significant room for legal battles and societal...

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First Amendment Assembly Rights

The right to assemble peacefully is deeply rooted in the historical legal landscape, anchoring its importance in democratic practices. Initially, the Magna Carta , a cornerstone of English constitutional law in 1215, indirectly supported the right to freedom of assembly through clauses aimed at...

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Electoral College Explained

The Electoral College, as outlined in Article II, Section 1 of the U.S. Constitution , was established as a compromise between election of the President by Congress and election by popular vote. The founders aimed to form a buffer between population and the selection of a President, which...

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