Read Online Penguin Guide to the United States Constitution: A Fully Annotated Declaration of Independence by Richard Beeman - Free Book Online
Authors: Richard Beeman
Tags: United States, General, History, Reference, History & Theory, Political Science, Law, Political Ideologies, American Government, Democracy, Constitutions, Constitutional history, Constitutional, Sources
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courts extends to those areas in which the United States government itself has jurisdiction. That jurisdiction, vaguely defined in 1787, has steadily increased over the more than two centuries in which the Constitution has been in operation.
Although Article III, Section 2, makes no mention of a power of judicial review (the power of the Supreme Court or any other federal court to pass judgment on whether a federal or state law violates the terms of the Constitution), many, if not most, of the delegates to the Convention probably assumed that the federal courts would exercise at least some limited form of that power. In 1803, in the case of Marbury v. Madison , the Supreme Court, in an opinion written by its chief justice, John Marshall, enunciated a limited power of judicial review.
SECTION 3
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.
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 attainted.
Article III, Section 3, is the only instance in which the U.S. Constitution defines a specific crime, that of treason. Treason is defined either as levying war against the United States or as giving “Aid and Comfort” to the enemies of the United States. The “Aid and Comfort” clause expands the definition of treason beyond physical acts of violence—e.g., to the passing on of state secrets to another nation—but the Constitution also lays down specific legal procedures by which people accused of treason might be convicted of such an act. The Constitution further limits the punishment of treason to the person actually committing the act, not to family members or close associates.
In 1807, in the treason trial of Aaron Burr, for his role in an alleged plan to lead parts of the Louisiana territory in a secessionist movement from the United States, Chief Justice John Marshall laid down further limitations on the definition of treason, establishing the doctrine of “constructive treason,” meaning that the mere planning of an act that might be considered treasonous was not sufficient grounds for conviction; in order to be convicted of treason one actually had to commit, or at least be in the process of committing, the act. Moreover, the act of simply speaking, however stridently, in a manner that some might believe to be giving aid and comfort to the enemy was given further protection by the free speech guarantees of the First Amendment.
ARTICLE IV
SECTION 1
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.
The first section of Article IV stipulates that the laws of one state must be given “full Faith and Credit” (i.e., be recognized as legitimate) in another state. This provision was an important step in creating a uniform standard of law and of rights in the nation. For example, if the state of Massachusetts recognizes the marriage of a gay couple as legally valid, then other states, even if they do not have laws permitting the marriage of a gay couple, must recognize that marriage as valid.
SECTION 2
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from 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.
No Person held to Service or Labour in one State,
Although Article III, Section 2, makes no mention of a power of judicial review (the power of the Supreme Court or any other federal court to pass judgment on whether a federal or state law violates the terms of the Constitution), many, if not most, of the delegates to the Convention probably assumed that the federal courts would exercise at least some limited form of that power. In 1803, in the case of Marbury v. Madison , the Supreme Court, in an opinion written by its chief justice, John Marshall, enunciated a limited power of judicial review.
SECTION 3
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.
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 attainted.
Article III, Section 3, is the only instance in which the U.S. Constitution defines a specific crime, that of treason. Treason is defined either as levying war against the United States or as giving “Aid and Comfort” to the enemies of the United States. The “Aid and Comfort” clause expands the definition of treason beyond physical acts of violence—e.g., to the passing on of state secrets to another nation—but the Constitution also lays down specific legal procedures by which people accused of treason might be convicted of such an act. The Constitution further limits the punishment of treason to the person actually committing the act, not to family members or close associates.
In 1807, in the treason trial of Aaron Burr, for his role in an alleged plan to lead parts of the Louisiana territory in a secessionist movement from the United States, Chief Justice John Marshall laid down further limitations on the definition of treason, establishing the doctrine of “constructive treason,” meaning that the mere planning of an act that might be considered treasonous was not sufficient grounds for conviction; in order to be convicted of treason one actually had to commit, or at least be in the process of committing, the act. Moreover, the act of simply speaking, however stridently, in a manner that some might believe to be giving aid and comfort to the enemy was given further protection by the free speech guarantees of the First Amendment.
ARTICLE IV
SECTION 1
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.
The first section of Article IV stipulates that the laws of one state must be given “full Faith and Credit” (i.e., be recognized as legitimate) in another state. This provision was an important step in creating a uniform standard of law and of rights in the nation. For example, if the state of Massachusetts recognizes the marriage of a gay couple as legally valid, then other states, even if they do not have laws permitting the marriage of a gay couple, must recognize that marriage as valid.
SECTION 2
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from 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.
No Person held to Service or Labour in one State,
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