Reading & Study
- Textbook Readings
- Presentation: Education Policy, Home Schools, and Christian Schools
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Policy Briefs
Attached Files:
- Policy Brief Instructions (16.259 KB)
- Finding Legislation (388.949 KB)
- Policy Brief Template (20.299 KB)
- Policy Analysis Graduate Rubric (23.502 KB)
- Policy Brief Rough Draft (23.984 KB)
- Policy Brief Sample-Final (20.574 KB)
- Should Government Be Involved (139.714 KB)
- The United States Constitution (340.828 KB)
First, I would like for you to look at the sample briefs provided in the course material as this will be extremely helpful. This shows you what the final product should look like, and what material goes into it. You MUST submit your brief in this format!!!
Next, you want to select a piece of legislation related to the topic area we are discussing.congress.gov
Next, you will analyze your piece of legislations (i.e. policy).
Defining the problem: What problem existed that caused the need for this piece of legislation? Policies are usually created in response to something. Once you find your policy, this information should be included. What is the name of the policy? What is it supposed to do or fix? Who presented it?
Then you will Apply the MAY – CAN & SHOULD Analysis.
May –
Biblical guidelines: Is there anything in the bible related to this policy? What biblical guidelines did Jesus provide regarding the topic? If you find something, quote the text, cite it, and explain why you think it is related.
Constitutional Guidelines: What does the constitution say about this policy? Is it covered? If so, state it here. Be clear. Include the Article number and tell me what it is.
Can-
Political Feasibility: Where does it stand politically? Has it passed? Is it being decided? Do you think it would pass? Why or why not?
Financial Feasibility: How much does it cost? Does the cost make sense? It is worth it? Why or Why not?
Practical Feasibility – Considering why it was set up, do you think it is a practical way to solve the problem? If so why or why not?
Should –
Given the information your presented above, should this policy pass? How do you feel about it? If you support it, state why or why not. Support your position. You want to be detailed when presenting your case. Pretend you are at the round table and you want to support (or reject) this policy. You want to convince your fellow politicians to support you. Make it good. This section does not have to be long. It should be clear, concise, and effective. Does it pass the MAY Can Should Analysis?
MOST IMPORTANTLY! Read the course material and use it to help you analyze your policy. Using the course material is a requirement.
PADM 550
Policy Briefs Instructions
For Modules/Weeks 3–7, you are expected to submit a 1 1/2–2-page paper (not including the title page, abstract, and reference page) in current APA format in which the May-Can-Should model is applied in the context of the policy focus in the assigned module/week. Be certain to emphasize a focused analysis of a particular issue chosen from the broader policy concentration for the assigned module/week. You must include citations from:
1. all of the required reading and presentations from the assigned module/week
2. all relevant sources from Modules/Weeks 1–2 (especially the “Biblical Principles of Government” article), and
3. 3–5 outside sources. NOTE: These sources should be focused on the problem and the piece of legislation, and you may find that you need more than just 3-5 sources to adequately research and discuss these items.
4.
Please feel free to use the
following link
for the purposes of additional research.
Students often struggle with keeping the analysis needed for these policy briefs to just 2 pages of content at most (not counting the title page and references), and it can be hard to see past one’s choice of wording to discover that there are indeed many ways to say the same thing with less words. Attached are “before and after” samples of the same policy brief; the first was too long and includes edits of how to shorten it, and the second shows the finished product at 2 pages. Review these before writing your first policy brief.
NOTE: the sample briefs are not perfect in every respect in terms of following the “May-Can-Should” analysis. It is mean to show you how to be more concise in communicating ideas.
Submit the appropriate assignment by 11:59 p.m. (ET) on Sunday of the assigned module/week.
The Congressional Budget Office provides financial estimates of proposed bills. It is recommend
that you start with this site because it provides you with a summary of the bill and provides
financial analysis that you will need for your “Financial Feasibility” study.
You can use its search feature to find bills you would be interested in using for your policy brief.
From the main page, scroll down to the “Find Analyses” section and click the “Cost Estimates” link:
Use the search tool in the upper left hand corner to put in your search topic. It can be a specific bill,
or a general issue, like “abortion”.
Note that the search tool only works on a year-by-year basis, so if you do not know exactly what are
looking for, you will need to use the drop down menu to select different years. The CBO site
contains analyses as far back as 1998.
FINDING LEGISLATION
http://www.cbo.gov/
CONGRESS.GOV, provided by the Library of Congress: allows you to type in a key word (such as
abortion) and it will list any bills that are dealing with that issue and where it is in the approval
process.
OTHER RESOURCES
Access the Government Databases page for
Lexis-Nexis Legal Search (provides federal and state case law)
ProQuest Congressional
Many other policy related sites
Government Research Guide
GovEngine: a privately run but free web site directory to the governments of all 50 states, including
their legislatures. From there students can find state laws & statutes.
https://www.congress.gov/
https://www.congress.gov/
http://www.liberty.edu/newlibrary/databases/?s=16
http://libguides.liberty.edu/content.php?pid=548824&sid=4519481
http://www.govengine.com/
Running head: YOUR PAPER TITLE 1
YOUR PAPER TITLE HERE 2
Your Paper Title
Your Name
Date
Class Name and Section
Dr. Kahlib Fischer
Defining the Problem Comment by Fischer, Kahlib: One paragraph.
May
Biblical guidelines and principles
Constitutional guidelines for federal and state involvement
Can
Political Feasibility Comment by Fischer, Kahlib: One brief paragraph for each of these.
Financial feasibility
Practical feasibility
Should Comment by Fischer, Kahlib (Helms School of Government): Provide a summary of the key ideas of your analysis in support of your position. Must be based on the “May” and “Can” analysis. Offer a recommendation based upon the analysis.
References Comment by Fischer, Kahlib: List your sources in APA format below.
PADM 550 – Policy Analysis Graduate Rubric
|
Criteria
|
Levels of Achievement
|
|
Content
(70%)
|
|
Advanced
92-100%
|
|
Proficient
84-91%
|
|
Developing
1-83%
|
|
Not Present
|
|
Total
|
|
Problem ID and solution
|
8 to 8.5 points:
Context of problem, issue, or challenge is succinctly described with one, and only one, piece of legislation is introduced for further discussion. Explains in detail how the bill attempts to solve root causes of the problem.
Work demonstrates a detailed understanding of ideas from required sources.
|
7 to 7.5 points:
Context of problem, issue, or challenge is generally described with one, and only one, piece of legislation is introduced for further discussion. Generally explains how the bill attempts to solve root causes of the problem.
Work demonstrates a general understanding of ideas from required sources.
|
1 to 6.5 points:
Context of problem, issue, or challenge is not clearly described with one, and only one, piece of legislation is introduced for further discussion. Does not explain how the bill attempts to solve root causes of the problem.
Work demonstrates an inadequate understanding of ideas from required sources.
|
|
|
|
|
|
|
|
|
|
0 points
Not present
|
|
May:
Biblical
|
7.5 to 8 points:
Thorough discussion of how inalienable rights, natural law, institutional separation of Church and State, Sin/Crime distinction and sphere sovereignty help determine if government is the appropriate sphere to address the issue, using Biblical examples.
Work demonstrates a detailed understanding of ideas from required sources.
|
6.5 to 7 points:
General discussion of how inalienable rights, natural law, institutional separation of Church and State, Sin/Crime distinction and sphere sovereignty help determine if government is the appropriate sphere to address the issue, using some Biblical examples.
Work demonstrates a general understanding of ideas from required sources.
|
1 to 6 points:
Lacks a discussion of how inalienable rights, natural law, institutional separation of Church and State, Sin/Crime distinction and sphere sovereignty help determine if government is the appropriate sphere to address the issue, using no Biblical examples.
Work demonstrates an inadequate understanding of ideas from required sources.
|
0 points
Not present
|
May:
Constitutional
|
7.5 to 8 points:
References the specific enumerated powers and avoids use of the vague “General Welfare” references.
References relevant Supreme Court cases as needed.
Work demonstrates a detailed understanding of ideas from required sources.
|
6.5 to 7 points:
References the specific enumerated powers but references the vague “General Welfare” clause.
Reference to relevant Supreme Court cases as needed.
Work demonstrates a general understanding of ideas from required sources.
|
1 to 6 points:
References the specific enumerated powers and relies solely on the “General Welfare” clause.
Reference to relevant Supreme Court is not present.
Work demonstrates an inadequate understanding of ideas from required sources.
|
0 points
Not present
|
Can:
Political
|
5.5 to 6 points:
Use of relevant surveys, polls, etc. Articulation of key political leaders, parties, etc. who are for and/or against the policy issue.
Discussion of whether or not the bill is likely to pass the House and Senate, and be signed by the President.
Work demonstrates a detailed understanding of ideas from required sources.
|
4.5 to 5 points:
Articulation of key political leaders, parties, etc. who are for and/or against the policy issue is present, use of surveys, polls, etc., is not present or absence is not explained.
Discussion of whether or not the bill is likely to pass the House and Senate, and be signed by the President.
Work demonstrates a general understanding of ideas from required sources.
|
1 to 4 points:
Articulation of key political leaders, parties, etc. who are for and/or against the policy issue is not present, use of surveys, polls, etc., is not present or absence is not explained.
Discussion of whether or not the bill is likely to pass the House and Senate, and be signed by the President is not present.
Work demonstrates an inadequate understanding of ideas from required sources.
|
0 points
Not present
|
Can:
Financial
|
5.5 to 6 points:
Detailed discussion of budgetary constraints, impact on national debt, and costs of implementation.
Work demonstrates a detailed understanding of ideas from required sources.
|
4.5 to 5 points:
General discussion of budgetary constraints, impact on national debt, and costs of implementation
Work demonstrates a general understanding of ideas from required sources.
|
1 to 4 points:
Little analysis in the discussion of budgetary constraints, impact on national debt, and costs of implementation.
Work demonstrates an inadequate understanding of ideas from required sources.
|
0 points
Not present
|
Can:
Practical
|
5.5 to 6 points:
Detailed discussion of physical resources, manpower, etc. needed to implement policy as well as practical challenges associated with implementing the bill, to include timing and logistics.
Detailed discussion of necessary, practical steps needed to implement policy.
Work demonstrates a detailed understanding of ideas from required sources.
|
4.5 to 5 points:
General discussion of physical resources, manpower, etc. needed to implement policy as well as practical challenges associated with implementing the bill, to include timing and logistics.
Mentions necessary, practical steps needed to implement policy.
Work demonstrates a general understanding of ideas from required sources.
|
1 to 4 points:
Does not discuss physical resources, manpower, etc. needed to implement policy as well as practical challenges associated with implementing the bill, to include timing and logistics.
Does not discuss necessary, practical steps needed to implement policy.
Work demonstrates an inadequate understanding of ideas from required sources.
|
0 points
Not present
|
Should
|
9.5 to 10 points:
Persuasive summary of the key issues supporting your decision to support or reject the legislation.
Is based upon the May and Can portions of your analysis.
Makes the case in light of what is going on politically and whether other political actors should support the legislation in light of competing political agendas.
Work demonstrates a detailed understanding of ideas from required sources.
|
8.5 to 9 points:
Articulated but not persuasive summary of the key issues supporting your decision to support or reject the legislation.
Is generally based upon the May and Can portions of your analysis.
Generally makes the case in light of what is going on politically and whether other political actors should support the legislation in light of competing political agendas.
Work demonstrates a general understanding of ideas from required sources.
|
1 to 8 points:
General summary of the key issues supporting your decision to support or reject the legislation.
Not related to the May and Can portions of your analysis.
Does not make the case in light of what is going on politically and whether other political actors should support the legislation in light of competing political agendas.
Work demonstrates an inadequate understanding of ideas from required sources.
|
0 points
Not present
|
Structure
(30%)
|
Advanced
92-100%
Proficient
84-91%
Developing
1-83%
Not Present
Total
|
Sources
|
9.5 to 10 points:
All required sources from Modules/Weeks 1–2 (must include the “Biblical Principles of Government” article), Scripture, and the required readings and presentations from the assigned module/week are cited.
|
8.5 to 9 points:
Most of the required sources from Modules/Weeks 1–2 (must include the “Biblical Principles of Government” article), Scripture, and the required readings and presentations from the assigned module/week are cited.
|
1 to 8 points:
Few of the required sources from Modules/Weeks 1–2 (must include the “Biblical Principles of Government” article), Scripture, and the required readings and presentations from the assigned module/week are cited.
|
0 points
Not present
|
APA format (citations and references)
|
7 to 7.5 points:
Sources are cited and listed in current APA format.
|
6 to 6.5 points:
Sources are generally cited and listed in current APA format.
|
1 to 5.5 points:
Numerous deficiencies with respect to proper APA.
|
0 points
Not present
|
Page Length
|
4.5 to 5 points:
Length no less than 1.5 pages; not including title and reference pages.
|
3.5 to 4 points:
Length less than 1.5 pages but more than 1; not including title and reference pages
|
1 to 3 points:
Length less than 1 page.
|
0 points
Not present
|
Professor Comments:
|
Total:
|
/75
|
Biblical Principles of Government:
Should Government Be Involved?
YES NO
Is this an
issue of
injustice?
Inalienable Rights:
Does the injustice
equate to a violation
of life, liberty, and
property?
YES NO
Government
should be
involved.
Government
should not be
involved.
How can other
spheres in society be
involved to help solve
the problem?
Government
should not be
involved.
TheUnited States Constitution
September 17, 1787
____________________
It quickly became apparent that the Articles of Confederation, ratified by all the states by
March 1781, was insufficient in several areas (Lowman, pp. 121-22). One of the main weaknesses
was that it had no means of enforcing laws, or to settle disputes arising out of national laws. This
placed the states in the position of being independent nations (Lowman, p. 122). The states had no
rights with one another that were easily protected, and neither did their citizens. Shays’ Rebellion,
which occurred in Massachusetts in 1786, magnified this problem and was the event that caused
the founding fathers to discuss plans for a better system of government:
Shays’ Rebellion was limited to Massachusetts, but it threw fear into the hearts of Americans
in general. It rudely awakened them to the truly desperate political and economic conditions
in America. George Washington, in a letter to John Jay, wrote that “our affairs are
drawing rapidly to a crisis. We have errors to correct; we have probably had too good an
opinion of human nature in forming our Confederation. Experience has taught us that
men will not adopt, and carry into execution, measures the best calculated for their own
good, without the intervention of coercive power. I do not conceive we can exist long as a
nation without lodging, somewhere, a power which will pervade the whole Union in as
energetic a manner as the authority of the state governments extends over the several states
[Emphasis added.] (Lowman, p. 124).
A convention was called to revise the Articles of Confederation, but under the leadership of George
Washington, the delegates pushed for a more ambitious plan: creating an entirely new system of
government:
The Convention had been called only for the purpose of revising the Articles of
Confederation. But most of the delegates realized from the beginning of their discussions
that this was not enough to solve the nation’s pressing problems. What was needed was a
new and stronger national government. Since whatever action they took would only result in
a recommendation to the states and would not be binding on anyone, they made the bold
decision to put aside the Articles and draft a brand new Constitution for the United States.
In making the “Great Decision,” they heeded the advice of George Washington, who is
reported to have told the delegates even before the Convention officially began: “It is too
probable that no plan we propose will be adopted. Perhaps another dreadful conflict is to
be sustained. If to please the people, we offer what we ourselves disapprove, how can we
afterwards defend our works? Let us raise a standard to which the wise and honest can
repair. The event is in the hands of God” (Lowman, p. 126).
And so the delegates created and successfully pushed for ratification of the Constitution. The
United States Constitution can be looked at as the culmination of many historical trends, which,
throughout the centuries, led to an understanding of a Biblical framework upon which government
should operate. The Constitution includes references to separation of powers, due process of
law, rule by consent, rule by law, rule by justice, protection of inalienable rights, and
federalism, among other things. Furthermore, it was based upon an understanding of covenantal
principles. Before the Constitution was ratified, the states were practically in a state of nature
[defined by Locke as a situation in which no government existed to ensure basic rights among
various parties; see Section III] with one another, since the Articles of Confederation were so weak.
The Constitution was a means by which the people of America, as one nation, could come together
to ensure that their rights were protected.
____________________
PREAMBLE
We, the people of the United States, in order to form
a more perfect Union, establish justice, insure
domestic tranquillity, provide for the common
defense, promote the g eneral welfare, and secure
the blessings of liberty to ourselves and our posterity,
do ordain and establish this
Constitution for the United States of America.
ARTICLE I
Section 1.
[Legislative powers; in whom vested.]
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.
Section 2.
[House of Representatives, how and by whom chosen Qualifications of a Representative.
Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be filled.
Power of choosing officers, and of impeachment.]
1. The House of Representatives shall be composed of members chosen every second year by the
people of the several States, and the elector in each State shall have the qualifications requisite for
electors of the most numerous branch of the State Legislature.
These concepts shouldn’t be confused with an
endorsement of a welfare program, since
socialism wasn’t an idea the Founding Fathers
supported or were even aware of. These terms
refer more to ensuring safety and order. They
cannot be interpreted apart from the
enumerated powers discussed in the proceeding
sections.
2. No person shall be a Representative who shall not have attained the age of twenty-five years, and
been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of
that State in which he shall be chosen.
3. Representatives [and direct taxes] [Altered by 16th Amendment] shall be apportioned among
the several States which may be included within this Union, according to their respective numbers,
[which shall be determined by adding the whole number of free persons, including those bound to
service for a term of years, and excluding Indians not taxed, three-fifths of all other persons.]
[Altered by 14th Amendment] The actual enumeration shall be made within three years after the
first meeting of the Congress of the United States, and within every subsequent term of ten years, in
such manner as they shall by law direct. The number of Representatives shall not exceed one for
every thirty thousand, but each State shall have at least one Representative; and until such
enumeration shall be made, the State of New Hampshire shall be entitled to choose three,
Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six,
New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five,
South Carolina five, and Georgia three.
4. When vacancies happen in the representation from any State, the Executive Authority thereof
shall issue writs of election to fill such vacancies.
5. The House of Representatives shall choose their Speaker and other officers; and shall have the
sole power of impeachment.
Section 3.
[Senators, how and by whom chosen. How classified. State Executive, when to make
temporary appointments, in case, etc. Qualifications of a Senator. President of the Senate,
his right to vote. President pro tem, and other officers of the Senate, how chosen. Power to
try impeachments. When President is tried, Chief Justice to preside. Sentence.]
1. The Senate of the United States shall be composed
of two Senators from ea ch State, [chosen by the
Legislature thereof,] [Altered by 17th Amendment]
for six years; and each Senator shall have one vote.
2. Immediately after they shall be assembled in
consequence of the first election, they shall be divided
as equally as may be into three classes. The seats of the
Senators of the first class shall be vacated at the expiration of the second year, of the second class at
the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that
one-third may be chosen every second year; [and if vacancies happen by resignation, or otherwise,
during the recess of the Legislature of any State, the Executive thereof may make temporary
appointments until the next meeting of the Legislature, which shall then fill such vacancies.]
[Altered by 17th Amendment].
3. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine
In keeping with the concept of federalism and
States’ Rights, the Founders intended that the
State legislators choose the Senators so that
the concerns of each state as a unique
political entity would be acknowledged and
protected. This was changed in the
Amendment.
years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State
for which he shall be chosen.
4. The Vice-President of the United States shall be President of the Senate, but shall have no vote,
unless they be equally divided.
5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the
Vice President, or when he shall exercise the office of the President of the United States.
6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose,
they shall be on oath or affirmation. When the President of the United States is tried, the Chief
Justice shall preside: and no person shall be convicted without the concurrence of two-thirds of the
members present.
7. Judgment in cases of impeachment shall not extend further than to removal from office, and
disqualification to hold and enjoy any office of honor, trust, or profit under the United States: but
the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and
punishment, according to law.
Section 4.
[Times, etc., of holding elections, how prescribed. One session in each year.]
1. The times, places and manner of holding elections for Senators and Representatives, shall be
prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or
alter such regulations, except as to the places of choosing Senators.
2. The Congress shall assemble at least once in every year, and such meeting shall be [on the first
Monday in December,] [Altered by 20th Amendment] unless they by law appoint a different day.
Section 5.
[Membership, Quorum, Adjournments, Rules, Power to punish or expel. Journal. Time of
adjournments, how limited, etc.]
1. Each House shall be the judge of the elections, returns and qualifications of its own members,
and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance of absent members, in such
manner, and under such penalties as each House may provide.
2. Each House may determine the rules of its proceedings, punish its members for disorderly
behavior, and, with the concurrence of two-thirds, expel a member.
3. Each House shall keep a journal of its proceedings, and from time to time publish the same,
excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members
of either House on any question shall, at the desire of one-fifth of those present, be entered on the
journal.
4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn
for more than three days, nor to any other place than that in which the two Houses shall be sitting.
Section 6.
[Compensation, Privileges, Disqualification in certain cases.]
1. The Senators and Representatives shall receive a compensation for their services, to be
ascertained by law, and paid out of the Treasury of the United States. They shall in all cases, except
treason, felony and breach of the peace, be privileged from arrest during their attendance at the
session of their respective Houses, and in going to and returning from the same; and for any speech
or debate in either House, they shall not be questioned in any other place.
2. No Senator or Representative shall, during the time for which he was elected, be appointed to
any civil office under the authority of the United States, which shall have increased during such time;
and no person holding any office under the United States, shall be a member of either House during
his continuance in office.
Section 7.
[House to originate all revenue bills. Veto. Bill may be passed by two-thirds of each
House, notwithstanding, etc. Bill, not returned in ten days to become a law. Provisions as
to orders, concurrent resolutions, etc.]
1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may
propose or concur with amendments as on other bills.
2. Every bill which shall have passed the House of Representatives and the Senate, shall, before it
become a law, be presented to the president of the United States; if he approve, he shall sign it, but
if not, he shall return it, with his objections, to that house in which it shall have originated, who shall
enter the objections at large on their journal, and proceed to reconsider it. If after such
reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with the
objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-
thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be
determined by yeas and nays, and the names of the persons voting for and against the bill shall be
entered on the journal of each house respectively. If any bill shall not be returned by the president
within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law,
in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in
which case it shall not be a law.
3. Every order, resolution, or vote to which the concurrence of the Senate and House of
Representatives may be necessary (except on a question of adjournment) shall be presented to the
president of the United States; and before the same shall take effect, shall be approved by him, or,
being disapproved by him, shall be re-passed by two-thirds of the Senate and House of
Representatives, according to the rules and limitations prescribed in the case of a bill.
Section 8.
[Powers of Congress.]
The Congress shall have the power
1. to lay and collect taxes, duties, imposts and excises,
to pay the debts and provide for the common defense
and g eneral welfare of the United States; but all
duties, imposts and excises shall be uniform
throughout the United States:
2. To borrow money on the credit of the United States:
3. To regulate commerce with foreign nations, and among the several states, and with the Indian
tribes:
4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies
throughout the United States:
5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights
and measures:
6. To provide for the punishment of counterfeiting the securities and current coin of the United
States:
7. To establish post-offices and post-roads:
8. To promote the progress of science and useful arts, by securing for limited times to authors and
inventors the exclusive right to their respective writings and discoveries:
9. To constitute tribunals inferior to the supreme court:
10. To define and punish piracies and felonies committed on the high seas, and offenses against the
law of nations:
11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land
and water:
12. To raise and support armies, but no appropriation of money to that use shall be for a longer
term than two years:
13. To provide and maintain a navy:
14. To make rules for the government and regulation of the land and naval forces:
Here again we have a general overview of the
powers of Congress. The point is that the general
goal of government is order and safety. The powers
listed below explain the reasons for which Congress
can assign taxes.
15. To provide for calling forth the militia to execute the laws of the union, suppress insurrections
and repel invasions:
16. To provide for organizing, arming and disciplining the militia, and for governing such part of
them as may be employed in the service of the United States, reserving to the states respectively, the
appointment of the officers, and the authority of training the militia according to the discipline
prescribed by Congress:
17. To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten
miles square) as may, by cession of particular states, and the acceptance of Congress, become the
seat of the government of the United States, and to exercise like authority over all places purchased
by the consent of the legislature of the state in which the same shall be, for the erection of forts,
magazines, arsenals, dock-yards, and other needful buildings: And,
18. To make all laws which shall be necessary and
proper for carrying into execution the foreg oing
powers, and all other powers vested by this constitution
in the government of the United States, or in any
department or officer thereof.
Section 9.
[Provision as to migration or importation of certain persons. H abeas Corpus, Bills of
attainder, etc. Taxes, how apportioned. No export duty. No commercial preference.
Money, how drawn from Treasury, etc. No titular nobility. Officers not to receive presents,
etc.]
1. The migration or importation of such persons as any of the states now existing shall think proper
to admit, shall not be prohibited by the Congress prior to the year 1808, but a tax or duty may be
imposed on such importations, not exceeding 10 dollars for each person.
2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion
or invasion the public safety may require it.
3. No bill of attainder or ex post facto law shall be passed.
4. [No capitation, or other direct tax shall be laid unless in proportion to the census or enumeration
herein before directed to be taken.] [Altered by 16th Amendment]
5. No tax or duty shall be laid on articles exported from any state.
6. No preference shall be given by any regulation of commerce or revenue to the ports of one state
over those of another: nor shall vessels bound to, or from one state, be obliged to enter, clear, or
pay duties in another.
This is known as the Necessary and Proper
clause. It does not exist in a vacuum and can
only be in effect as a means of carrying out one
of the enumerated powers above. Thus, it is
actually very limited, even though it is often used
to justify any number of Congressional over-
reaches.
7. No money shall be drawn from the treasury but in consequence of appropriations made by law;
and a regular statement and account of the receipts and expenditures of all public money shall be
published from time to time.
8. No title of nobility shall be granted by the United States: And no person holding any office or
profit or trust under them, shall, without the consent of the Congress, accept of any present,
emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
Section 10.
[States prohibited from the exercise of certain powers.]
1. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal;
coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of
debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant
any title of nobility.
2. No state shall, without the consent of the Congress, lay any imposts or duties on imports or
exports, except what may be absolutely necessary for executing its inspection laws; and the net
produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the
treasury of the United States; and all such laws shall be subject to the revision and control of the
Congress.
3. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of
war in time of peace, enter into any agreement or compact with another state, or with a foreign
power, or engage in a war, unless actually invaded, or in such imminent danger as will not admit of
delay.
ARTICLE II
Section 1.
[President: his term of office. Electors of President; number and how appointed. Electors
to vote on same day. Qualification of President. On whom his duties devolve in case of his
removal, death, etc. President’s compensation. His oath of office.]
1. The Executive power shall be vested in a President of the United States of America. He shall
hold office during the term of four years, and together with the Vice President, chosen for the same
term, be elected as follows
2. [Each State] [Altered by 23rd Amendment] shall appoint, in such manner as the Legislature
may direct, a number of electors, equal to the whole number of Senators and Representatives to
which the State may be entitled in the Congress: but no Senator or Representative, or person
holding an office of trust or profit under the United States, shall be appointed an elector [The
electors shall meet in their respective States, and vote by ballot for two persons, of whom one at
least shall not be an inhabitant of the same State with themselves. And they shall make a list of all
the persons voted for each; which list they shall sign and certify, and transmit sealed to the seat of
Government of the United States, directed to the President of the Senate. The President of the
Senate shall, in the presence of the Senate and House of Representatives, open all the certificates,
and the votes shall then be counted. The person having the greatest number of votes shall be the
President, if such number be a majority of the whole number of electors appointed; and if there be
more than one who have such majority, and have an equal number of votes, then the House of
Representatives shall immediately choose by ballot one of them for President; and if no person have
a majority, then from the five highest on the list the said House shall in like manner choose the
President. But in choosing the President, the votes shall be taken by States, the representation from
each State having one vote; a quorum for this purpose shall consist of a member or members from
two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case,
after the choice of the President, the person having the greatest number of votes of the electors shall
be the Vice President. But if there should remain two or more who have equal votes, the Senate
shall choose from them by ballot the Vice President.] [Altered by 12th Amendment]
3. The Congress may determine the time of choosing the electors, and the day on which they shall
give their votes; which day shall be the same throughout the United States.
4. No person except a natural born citizen, or a citizen of the United States, at the time of the
adoption of this Constitution, shall be eligible to the office of President; neither shall any person be
eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen
years a resident within the United States.
5. [In case of the removal of the President from office, or of his death, resignation, or inability to
discharge the powers and duties of the said office, the same shall devolve on the Vice President, and
the Congress may by law provide for the case of removal, death, resignation, or inability, both of the
President and Vice President, declaring what officer shall then act as President, and such officer shall
act accordingly, until the disability be removed, or a President shall be elected.] [Altered by 25th
Amendment].
6. The President shall, at stated times, receive for his services, a compensation, which shall neither
be increased nor diminished during the period for which he shall have been elected, and he shall not
receive within that period any other emolument from the United States, or any of them.
7. Before he enter on the execution of his office, he shall take the following oath or affirmation:
I do solemnly swear (or affirm) that I will faithfully execute the office
of the President of the United States, and will to the best of my ability,
preserve, protect and defend the Constitution of the United States.
Section 2.
[President to be Commander-in-Chief. He may require opinions of cabinet officers, etc.,
may pardon. Treaty-making power. Nomination of certain officers. When President may
fill vacancies.]
1. The President shall be Commander-in-Chief of the Army and Navy of the United States, and of
the militia of the several States, when called into the actual service of the United States; he may
require the opinion, in writing, of the principal officer in each of the executive departments, upon
any subject relating to the duties of their respective offices, and he shall have power to grant
reprieves and pardons for offenses against the United States, except in cases of impeachment.
2. He shall have power, by and with the advice and consent of the Senate, to make treaties,
provided two-thirds of the Senators present concur; and he shall nominate, and by and with the
advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls,
judges of the Supreme Court, and all other officers of the United States, whose appointments are
not herein otherwise provided for, and which shall be established by law: but the Congress may by
law vest the appointment of such inferior officers, as they think proper, in the President alone, in the
courts of law, or in the heads of departments.
3. The President shall have the power to fill up all vacancies that may happen during the recess of
the Senate, by granting commissions, which shall expire at the end of their next session.
Section 3.
[President shall communicate to Congress. He may convene and adjourn Congress, in case
of disagreement, etc. Shall receive ambassadors, execute laws, and commission officers.]
He shall, from time to time give to the Congress information of the state of the Union, and
recommend to their consideration such measures as he shall judge necessary and expedient; he may,
on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement
between them, with respect to the time of adjournment, he may adjourn them to such time as he
shall think proper; he may receive ambassadors, and other public ministers; he shall take care that
the laws be faithfully executed, and shall commission all the officers of the United States.
Section4.
[All civil offices forfeited for certain crimes.]
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.
ARTICLE III
Section 1.
[Judicial powers. Tenure. Compensation.]
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.
Section 2.
[Judicial power; to what cases it extends. Original jurisdiction of Supreme Court Appellate.
Trial by Jury, etc.]
1. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the
laws of the United States, and treaties made, or which shall be made under their authority; to all
cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and
maritime jurisdiction; to controversies to which the United States shall be a party; [to controversies
between two or more states, between a state and citizens of another state, between citizens of
different states, between citizens of the same state, claiming lands under grants of different states,
and between a state, or the citizens thereof, and foreign states, citizens or subjects.] [Altered by 11th
Amendment]
2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state
shall be a party, the supreme court shall have original jurisdiction. In all the other cases before-
mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such
exceptions, and under such regulations as the Congress shall make.
3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be
held in the state where the said crimes shall have been committed; but when not committed within
any state, the trial shall be at such place or places as the Congress may by law have directed.
Section 3.
[Treason defined. Proof of Punishment.]
1. Treason against the United States shall consist only in levying war against them, or in adhering to
their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or on confession in open court.
2. The Congress shall have power to declare the punishment of treason, but no attainder of treason
shall work corruption of blood, or forfeiture, except during the life of the person attained.
ARTICLE IV
Section 1.
[Each State to give credit to the public acts, etc. of every other State.]
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.
Section 2.
[Privileges of citizens of each State. Fugitives from Justice to be delivered up. Persons held
to service having escaped, to be delivered up.]
1. The citizens of each state shall be entitled to all privileges and immunities of citizens in the
several states. [See the 14th Amendment].
2. A person charged in any state with treason, felony, or other crime, who shall flee justice, and be
found in another state, shall, on demand of the executive authority of the state from which he fled,
be delivered up, to be removed to the state having jurisdiction of the crime.
3. [No person held to service or labour in one state, under the laws thereof, escaping into
another, shall, in consequence of any law or regulation therein, be discharged from such service or
labour, but shall be delivered up on claim of the party to whom such service or labour may be due.]
[Altered by 13th Amendment.]
Section 3.
[Admission of new States. Power of Congress over territory and other property.]
1. New states may be admitted by the Congress into this union; but no new state shall be formed or
erected within the jurisdiction of any other state, nor any state be formed by the junction of two or
more states, without the consent of the legislatures of the states concerned, as well as of the
Congress.
2. The Congress shall have power to dispose of and make all needful rules and regulations
respecting the territory or other property belonging to the United States; and nothing in this
constitution shall be so construed as to prejudice any claims of the United States, or of any particular
state.
Section 4.
[Republican form of government guaranteed. Each State to be protected.]
The United States shall guarantee to every state in this union, a republican form of government, and
shall protect each of them against invasion; and on application of the legislature, or of the executive
(when the legislature cannot be convened), against domestic violence.
ARTICLE V
[Amendments.]
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 1808, 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.
ARTICLE VI
[Constitution as the supreme law of the land.]
1. 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.
2. 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.
3. 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.
ARTICLE VII
[Ratification.]
The ratification of the conventions of nine states, shall be sufficient for the establishment of this
constitution between the states so ratifying the same.
____________________
www.constitution.org/usconsti.htm
The Constitution Society,
(www.constitution.org/default.htm)
Accessed March 18, 1998.
____________________
The Bill of Rights of the United States of America
December 15, 1791
____________________
Ratifying the Bill of Rights was an important step in assuring that the Constitution itself
was ratified and supported by the American people. The Bill of Rights was a culmination of a
tradition of specifically enumerated rights. The Massachusetts Body of Liberties (1641); the
English Bill of Rights (1689); the Virginia Declaration of Rights (1776); and the Virginia
Statute of Religious Freedom were documents which influenced the people’s call for an American
bill of rights (Hicks, p. 236).
One of the key proponents in the call for a bill of rights was James Madison:
James Madison finally won ratification of the Constitution in Virginia by gaining the support
of the numerous Baptists in that state. He won their confidence in the Constitution by
incorporating a plea for a bill of rights within Virginia’s ratification and by promising to
propose a bill of rights at his earliest convenience if elected to Congress. Virginia’s
convention ratified the Constitution on June 25, 1788, and the voters subsequently sent
Madison to the House of Representatives. Madison proposed the Bill of Rights in
Congress on September 25, 1789, and ten of the twelve amendments that he proposed
became the first ten amendments to the Constitution when they were ratified by the states
by December 15, 1791 [Emphasis added.] (Hicks, p. 236).
The Bill of Rights makes specific provisions for upholding justice and rule of law, while at the
same time stipulating that it was not the sole source of the American people’s rights.
____________________
AMENDMENT I
[Liberty of conscience and of press.]
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
[Right to bear arms.]
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
[Quartering of soldiers in private houses forbidden without consent.]
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
[Searches and seizures must be done lawfully.]
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
[Criminal proceedings must be just.]
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 offense 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
[Criminal proceedings must be just.]
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 defense.
AMENDMENT VII
[Trial by Jury.]
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 reexamined in any court of
the United States, than according to the rules of the common law.
AMENDMENT VIII
[Excessive bail and fines and cruel and unusual punishment are prohibited.]
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted.
AMENDMENT IX
[Protection of unenumerated rights ensured.]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage
others retained by the people.
AMENDMENT X
[States’ rights.]
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.
____________________
www.constitution.org/usconsti.htm
The Constitution Society
(www.constitution.org/default.htm)
[Internet]
Accessed March 18, 1998.
____________________
- The United States Constitution
PREAMBLE
ARTICLE I
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
ARTICLE II
Section 1.
Section 2.
Section 3.
Section4.
ARTICLE III
Section 1.
Section 2.
Section 3.
ARTICLE IV
Section 1.
Section 2.
Section 3.
Section 4.
ARTICLE V
ARTICLE VI
ARTICLE VII
The Bill of Rights of the United States of America
AMENDMENT I
AMENDMENT II
AMENDMENT III
AMENDMENT IV
AMENDMENT V
AMENDMENT VI
AMENDMENT VII
AMENDMENT VIII
AMENDMENT IX
AMENDMENT X
