usconstitution.net

Category: Constitutional Topics

  • Constitution and Property Rights

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    Eleanor Stratton
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    The historical and legal foundations of property rights have shaped the principles in the U.S. Constitution. Influenced by thinkers like John Locke and traditions such as English common law, these foundations emphasize property as a pillar of individual liberty. Understanding these roots is key to appreciating the constitutional protections against governmental overreach. Historical Foundations of…

  • Double Jeopardy Protection Explained

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    Eleanor Stratton
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    The Double Jeopardy Clause, enshrined in the Fifth Amendment, stands as a fundamental safeguard within our constitutional republic. This clause ensures that individuals are not subjected to multiple prosecutions or punishments for the same offense, reflecting the Framers' commitment to fairness and justice. Double Jeopardy Clause Basics The Double Jeopardy Clause in the Fifth Amendment…

  • Separation of Church and State

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    Eleanor Stratton
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    Historical Context and Origins The first clause in the Bill of Rights states: “Congress shall make no law respecting an establishment of religion.” This establishment clause, within the First Amendment, has its roots in early American thought. For about 150 years, it drew little contention, but as America’s diversity grew, so did challenges to old…

  • Free Speech on College Campuses

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    Eleanor Stratton
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    The First Amendment stands as a cornerstone of American values, safeguarding the freedoms of speech, expression, press, and assembly. These protections are vital to maintaining the principles upon which the United States was founded. However, understanding the boundaries and applications of these rights, especially within educational institutions, requires careful consideration. First Amendment Protections The First…

  • Vice President’s Constitutional Powers

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    Eleanor Stratton
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    The U.S. Constitution lays out the framework for a resilient and balanced government. Within its text, various provisions define the roles and responsibilities of key officials, including the Vice President. These constitutional clauses and amendments outline duties and ensure continuity in governance. Article I, Section 3, Clause 4 Article I, Section 3, Clause 4 of…

  • Can a President Be Removed for Incompetence?

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    Eleanor Stratton
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    What does the US Constitution say about removing a president? Article II, Section 4 of the US Constitution states that the President, Vice President, and all civil officers of the United States shall be removed from office if impeached and convicted for "Treason, Bribery, or other high Crimes and Misdemeanors." The Constitution does not include…

  • Constitutional Whistleblower Protections

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    Eleanor Stratton
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    Historical Foundations of Whistleblower Protections The Civil Service Reform Act of 1978 marked a pivotal step in protecting whistleblowers. This act aimed to enhance the efficiency of public service while safeguarding those who exposed wrongdoing. The creation of the Office of Special Counsel (OSC) was a significant part of this reform, established to investigate violations…

  • Constitution and Foreign Policy

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    Eleanor Stratton
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    Separation of Powers in Foreign Policy The Constitution assigns distinct foreign policy roles to the executive and legislative branches. The President commands the military and negotiates treaties, often subject to Senate approval with a two-thirds majority required for treaty ratification. Congress declares war, regulates foreign commerce, and controls funding for military operations. This financial leverage…

  • Federalist vs Anti-Federalist Debate

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    Eleanor Stratton
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    The Federalist and Anti-Federalist debate shaped the United States Constitution and continues to influence American governance. This discourse between two ideological camps highlights the tensions and compromises that formed the nation's foundational principles, balancing power and individual liberties. Origins of the Federalist and Anti-Federalist Debate The Articles of Confederation initially united the states but proved…

  • Constitutional Rights of Juveniles

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    Eleanor Stratton
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    Shared Constitutional Rights for Juveniles and Adults Juveniles and adults share several key constitutional rights in the legal system: These shared rights ensure fair treatment for juveniles, despite the less formal setting of juvenile court. Constitutional Rights Exclusively for Adult Defendants Despite shared protections, two key rights are typically not extended to juveniles: These differences…