usconstitution.net

Category: Constitutional Topics

  • Birthright Citizenship Debate

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    Eleanor Stratton
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    Constitutional Basis of Birthright Citizenship The 14th Amendment’s Citizenship Clause establishes birthright citizenship in the United States. Ratified in 1868, it states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The phrase “subject to the…

  • Second Amendment Basics

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    Eleanor Stratton
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    Historical Context of the Second Amendment The Second Amendment's origins lie in early American thought and practical needs. During the nation's founding, a "well-regulated militia" was considered essential for defense against tyranny. This concept stemmed from fear of standing armies, rooted in English history. The Founders incorporated militias into their new government framework, influenced by…

  • Top Senators on Constitution Voting

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    Eleanor Stratton
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    The United States Constitution provides a framework that has guided the nation through centuries. Its principles continue to shape legislative decisions and influence political discourse. Various senators play roles in upholding these constitutional values, with their interpretations contributing to the balance between federal authority and state sovereignty. 1. Rand Paul: Champion of Constitutional Fidelity Rand…

  • First Amendment Analysis

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    Eleanor Stratton
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    Originalism and the First Amendment Originalism, a legal theory interpreting the Constitution's meaning as fixed at the time of its writing, faces challenges when applied to the First Amendment. The phrase "freedom of speech" lacked clear definitions in 1789, and the historical context differs significantly from today's communication landscape. While originalists seek to bring order…

  • Biden Considers Fauci Pardon

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    Eleanor Stratton
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    Presidential Pardon Power: A Delicate Balance The U.S. Constitution grants the president the power to pardon, found in Article II, Section 2. This power allows a president to forgive offenses against the United States, except in cases of impeachment. The Framers included this provision to offer mercy and rectify potential judicial errors, balancing justice and…

  • Congressional Pay Details

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    Eleanor Stratton
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    Congressional compensation balances fair remuneration with public accountability, reflecting ongoing debates about fiscal responsibility and ethical governance in our constitutional republic. Congressional Salaries Members of Congress earn a base annual salary of $174,000, unchanged since 2009 due to consistent votes against automatic cost-of-living adjustments (COLAs). Leadership positions earn higher salaries, with the Speaker of the…

  • Presidential Constitutional Violations

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    Eleanor Stratton
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    1. Expansion of Presidential Powers The expansion of presidential powers has a lengthy history, marked by significant debates. When presidents extend their influence beyond constitutional boundaries, they often spark discussions on the balance of power within the government. This expansion became more pronounced during times of national crisis or war. For example: Recently, the use…

  • Top 21 Constitutional Mishaps

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    Eleanor Stratton
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    1. Dred Scott v. Sandford The Supreme Court's 1857 ruling in Dred Scott v. Sandford marked a pivotal moment in American legal history. The decision declared that African Americans could not be U.S. citizens, denying them the ability to sue in federal court. This ruling upheld the view of African Americans as property rather than…

  • Biden’s Pardon of Hunter: Legal Debate

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    Eleanor Stratton
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    Presidential Pardons: A Controversial Power Article 2 of the Constitution grants the President the power to pardon, offering flexibility in the justice system. However, this power has been exercised in controversial ways throughout history. Notable examples include: These cases have raised questions about the link between presidential pardons and political favors. President Biden's pardon of…

  • FBI Presidential Separation

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    Eleanor Stratton
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    Separation of Powers and the FBI The Constitution establishes a framework for dividing power among the three branches of government. The FBI, part of the executive branch, occupies a unique position. Its independence is vital for handling sensitive matters that require detachment from political influence. Presidents appoint the FBI director, yet boundaries must exist to…