POLS 1101 Articles of the Constitution, Bill of Rights + Key Amendments, and Some Additional Reading Information

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

13th Amendment

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

14th Amendment

free people who formerly were enslaved were indeed citizens, and it also prohibits the states from abridging the "privileges or immunities of citizens of the United States" or depriving "any person of life, liberty, or property, without due process of law."

15th Amendment

Reserves citizens the suffrage rights regardless of their race, color, or previous slave status.

19th Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

24th Amendment

guarantees the right of citizens of the U.S. to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax

Article 1

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

(See Additional Reading for more information)

Article 2

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term.

(See Additional Reading for more information)

Article 3

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

(See Additional Reading for more information)

Article 4

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

(See Additional Reading for more information)

Article 5

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

(See Additional Reading for more information)

Article 6

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

(See Additional Reading for more information)

Article 7

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

(See Additional Reading for more information)

the 'sore loser' effect

when election losers (in democracies) reject election results, trust in political institutions erodes, political polarization and tribalism growns, and mistrust thrives

(See Additional Reading for more information)

Dillon's Rule

local governments only have the powers that specifically allocated to them by the state government which is often clearly asserted in the local charter. The state is not only a governing authority over local entities, but is also clearly reiterated in the States subscription to home rule which allows local governments to amend their charters without state approval as long as the local governments operate within the confines of the State Constitution

(See Additional Reading for more information)

Plural Executive

Having many independently elected individuals on the Executive branch

(See Additional Reading for more information)

Curing Mischiefs of Faction

1. Removing its causes

2. controlling its effects

(See Additional Reading for more information)

Removing the Causes of Mischiefs of Faction

1. destroying the liberty which is essential to its existence

2. by giving to every citizen the same opinions, the same passions, and the same interests

(See Additional Reading for more information)

Mischief of Faction

"a number of citizens, [...], who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community" (Federalist Paper 10)

(See Additional Reading for more information)

loser's consent

Election losers agree to accept the results and encourage their supporters to do the same. In exchange, losing politicians get a chance to run, and win, in a future election.

(See Additional Reading for more information)

Two Original Purposes of Government

- Maintain Order

- Provide Public Goods

Elite Theory vs. Pluralist Theory

1. the durability of the ruling minority; In elite theory, who is an elite doesn't change much, whereas in pluralism, no one group always wins; it is always changing.

2. pluralist theory involves struggle between interest groups whereas elite theory is relatively consensual (elites agree to do what is in their best interests. Wealthy groups do not always win in

pluralism, but do have an advantage.

Democratic Backsliding

Idea that democracy may erode or regress; The erosion of democracy often comes about through democratically elected officials