Claire Jesso
Dr. Rogers
16 July 2017
What is the Necessary and Proper Clause?
The Necessary and Proper Clause gives flexibility to the government and their decisions. The wording used in the Constitution is brief and not necessarily direct. This clause allows Congress the ability to do what is best and necessary.
What is the Commerce Clause?
The Commerce Clause is a clause in which Congress has the right to monitor and control trade between the states, as well as trade with foreign countries.
What are the President’s Appointment Powers?
This is a power that is given to the President to fill a government position; the executive branch, the federal judiciary, armed force commissioned officers, and independent regulatory commissioned members.
What are the President’s Legislative Powers?
Once a year the President presents State of the Union message to Congress consisting of a proposed legislative program. It is then up to Congress whether they pass this proposed plan. After a bill is cleared by Congress, it then goes to the President and he or she then has the right to veto this.
What are the President’s Judicial Powers?
The President has the power to pardon or grant federal crimes. He or she is also able to appoint federal judges and appoint justices to the Supreme Court, however these have to be approved by Congress.
What are the President’s War Powers?
Due to the War Powers Resolution Act that was put in place in 1973 during the Vietnam War, the President needs the approval of Congress in order have the troops in action in war. The President however, is still the Commander-in-Chief, which had caused some conflict throughout history.
What are the Powers of the Judicial Branch and what court did the US Constitution establish?
The Judicial Branch members are appointed by the President himself, with the backing of the Senate. The Judicial Branch consists of trying people that are accused of federal crimes. There is a System of Check and Balances in place. The Judicial Brach also has the power to review any judicial decision, and can also declare a law to be unconstitutional.
What is the Supreme Court’s Original and Appellant jurisdiction?
The Supreme Courts Original jurisdiction means that the Supreme Court has the right to hear a case first, before any other court system.
The Supreme Courts Appellant jurisdiction means that the court hears a case that has since been passed down from the Original jurisdiction. They are also able to change the lower courts decision once a case has been reviewed.
What is the Full Faith and Credit Clause?
The Full Faith Credit Clause is a clause in which the rights of the people will be carried over from state to state. Something that is valid in one state, such as property or marriage license, will be upheld in another state.
What is the Privileges and Immunities Clause?
This clause is one that protects all people in all the states. This is saying that each state must protect visitors to their state in the same manor they would for residents of their state. This gives everyone the same rights no matter which state they are in.
What are the Protection and Guarantees that all Citizens Enjoy Under each of the First Ten (10) Amendments of the US Constitution which are the Bill of Rights?
1. Religion, Speech, Assembly and Petition- This Amendment is stating that we as people have a right to speech; that we can openly speak our minds, the right to assemble; to gather together, that we can be any kind of religion we choose without government interference; and that the people can file petitions against the government stating their concerns. We can enjoy the fact that we can be ourselves and make our own decisions. We can enjoy our right to form interest groups.
2. Militia and the Right to Bear Arms- This Amendment is stating that we as people have the right to own and carry firearms if we choose; however, this is regulated by the state and the federal government. We can enjoy the peace knowing that we can protect ourselves and be protected.
3. The Quartering of Soldiers- This Amendment is stating that the government does not have the right to take over a persons private home and use it for military needs. We can enjoy the peace in knowing that our homes cannot be taking over at any point in time.
4. Searches and Seizures- This Amendment is stating that a persons home and personal belongings is not able to be searched by law enforcement with having probably cause; and if probable cause is present, permission to search must be granted by a magistrate or judge. We as people can enjoy this knowing that our person items and homes cannot be searched at will, and that it must go through the proper channels in order to do so.
5. Grand Juries, Self Incrimination, Double Jeopardy, Due Process, and Eminent Domain- This Amendment is stating that a grand jury has to try commoners in Federal Court when charged with a substantially large crime. This Amendment also states that a person cannot be judged for the same crime twice, as well as a person cannot testify against themselves. This Amendment also states that the proper process must be taken in order for the government to take your life and everything that goes along with it, and if your property is taken by the government, they must compensate you for it. We can enjoy this knowing that if found innocent of a crime, we cannot be tried again for it, and should something happen we cannot testify against ourselves. We are protected as individuals, and should a circumstance arise in which our property must be taken away that the government will pay for it.
6. Criminal Court Procedures- This Amendment states that should a person be accused of a crime, they have the right to a fair trial in the state that the crime was committed, and also has the right to a lawyer to defend them, as well as being able to call on those to speak in a persons favor during a trial. We as people can enjoy this because we know that we will never be alone in a trial situation unless that is what we choose. We can be assured that we will have someone there to speak on our behalf and represent us to the best of their ability.
7. Trial By Jury in Civil Cases- This Amendment states that if a case deals with more than $20, that a jury trial can be requested by either party involved. Also, a trial by a judge can be requested and granted as long as both parties are in agreement, and therefore the jury trial will be put aside. We as people can enjoy this Amendment knowing that we can have a say in how our case is handled, whether we want it to go to trial or be seen by a judge.
8. Bail, Cruel and Unusual Punishment- This Amendment states that the amount that is charged for bail (the money that the accused pays so that they are released, and agree to come back to the court when requested) is reasonable, and matches the severity of the crime. The bail amount is not allowed to be too harsh or unreasonable. This also states the same for any fines that are given. They need to match the severity of the crime that is being fined. Also, this Amendment prohibits law enforcement from using any punishment that is deemed cruel.
9. The Rights by the People- This Amendment is stating that nothing that has been said in the Constitution can cancel out any amendments to it. This basically means that the amendments were created to work alongside and with Constitution, not against it any way. This Amendment has been a topic of much controversy. We can enjoy this Amendment knowing that our rights are always upheld by the Amendments within the Constitution.
10. Reserved Powers of the States- This Amendment sets a balance between the powers of the federal government and the power of the state. This also allows the states to make their own decisions. We as the people can enjoy this Amendment because we deal more directly with the laws that are in our state.