s*f
发帖数: 1071 | 1 这是星光的贴，我转一下
一些华人是一群彻底的利己主义者，活得卑微，但崇拜强权，对弱者没有一点人性。
一边接受白人歧视，一边歧视他人，政治正确，在他们眼里是皇帝的新衣，剥夺了他们
歧视人的权利。
孟子说人皆有不忍人之心。善，安抚的就是自己的良心。
辛德勒对玩弄女性商场的尔虞我诈，不觉得有违良心，但他接受不了眼睁睁看着犹太人
生命消失而不作为，所以他做了选择，放弃逐利，和纳粹帝国对抗去拯救生命。
这就是每个人的底线，而一些华人缺的，就是这条底线，因此他们认为难民得不到收容
的流离失所家破人亡，跟他们的幸福生活毫无关系，他们只关心那些可能永远也不会发
生的“潜在危险”是否回威胁到自己。伊朗濒死小姑娘来美国看心脏病被禁止和自己无
关，他们只关心医院多排了20分钟队。
他们的思维，永远只有自己的利益，哪怕只是蝇头小利，也会无限放大成不可以失去，
于是他们总觉得被迫害，被占便宜，但是他们不敢反抗真正特权阶层，把愤恨发泄在他
们看来更加弱的人身上，恨难民，就因为难民让他们一年多交了50块钱税。
一群活得蟑螂一样卑微，却又崇拜强权欺凌弱小者的人，可悲可怜可恨。 | z**********d
发帖数: 333 | 2 写的很悲观
【在 s*f 的大作中提到】
: 这是星光的贴，我转一下
: 一些华人是一群彻底的利己主义者，活得卑微，但崇拜强权，对弱者没有一点人性。
: 一边接受白人歧视，一边歧视他人，政治正确，在他们眼里是皇帝的新衣，剥夺了他们
: 歧视人的权利。
: 孟子说人皆有不忍人之心。善，安抚的就是自己的良心。
: 辛德勒对玩弄女性商场的尔虞我诈，不觉得有违良心，但他接受不了眼睁睁看着犹太人
: 生命消失而不作为，所以他做了选择，放弃逐利，和纳粹帝国对抗去拯救生命。
: 这就是每个人的底线，而一些华人缺的，就是这条底线，因此他们认为难民得不到收容
: 的流离失所家破人亡，跟他们的幸福生活毫无关系，他们只关心那些可能永远也不会发
: 生的“潜在危险”是否回威胁到自己。伊朗濒死小姑娘来美国看心脏病被禁止和自己无
| b********e
发帖数: 1100 | 3 写的很到位
【在 s*f 的大作中提到】
: 这是星光的贴，我转一下
: 一些华人是一群彻底的利己主义者，活得卑微，但崇拜强权，对弱者没有一点人性。
: 一边接受白人歧视，一边歧视他人，政治正确，在他们眼里是皇帝的新衣，剥夺了他们
: 歧视人的权利。
: 孟子说人皆有不忍人之心。善，安抚的就是自己的良心。
: 辛德勒对玩弄女性商场的尔虞我诈，不觉得有违良心，但他接受不了眼睁睁看着犹太人
: 生命消失而不作为，所以他做了选择，放弃逐利，和纳粹帝国对抗去拯救生命。
: 这就是每个人的底线，而一些华人缺的，就是这条底线，因此他们认为难民得不到收容
: 的流离失所家破人亡，跟他们的幸福生活毫无关系，他们只关心那些可能永远也不会发
: 生的“潜在危险”是否回威胁到自己。伊朗濒死小姑娘来美国看心脏病被禁止和自己无
| R*********d
发帖数: 169 | | f**********n
发帖数: 29853 | 5 一只叫嚣要核平台湾的没人性的东西，写出来这些破烂文字有半点可信度没？ | D****e
发帖数: 2283 | | f**********n
发帖数: 29853 | 7 发言光呵呵，必是呆脑壳。
【在 D****e 的大作中提到】
: 呵呵， 川轮又被踩住尾巴了
| a*****1
发帖数: 3817 | 8 自己去看美国宪法
United States Constitution
From Wikipedia, the free encyclopedia
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United States Constitution
Constitution of the United States, page 1.jpg
Page one of the original copy of the Constitution
Created
September 17, 1787
Ratified
June 21, 1788
Date effective
March 4, 1789; 227 years ago
Location
National Archives,
Washington, D.C.
Author(s)
Philadelphia Convention
Signatories
39 of the 55 delegates
Purpose
To replace the Articles of Confederation (1777)
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The United States Constitution is the supreme law of the United States of
America.[1] The Constitution, originally comprising seven articles,
delineates the national frame of government. Its first three articles
entrench the doctrine of the separation of powers, whereby the federal
government is divided into three branches: the legislative, consisting of
the bicameral Congress; the executive, consisting of the President; and the
judicial, consisting of the Supreme Court and other federal courts. Articles
Four, Five and Six entrench concepts of federalism, describing the rights
and responsibilities of state governments and of the states in relationship
to the federal government. Article Seven establishes the procedure
subsequently used by the thirteen States to ratify it.
Since the Constitution came into force in 1789, it has been amended twenty-
seven times[2] to meet the changing needs of a nation now profoundly
different from the eighteenth-century world in which its creators lived.[3]
In general, the first ten amendments, known collectively as the Bill of
Rights, offer specific protections of individual liberty and justice and
place restrictions on the powers of government.[4][5] The majority of the
seventeen later amendments expand individual civil rights protections.
Others address issues related to federal authority or modify government
processes and procedures. Amendments to the United States Constitution,
unlike ones made to many constitutions worldwide, are appended to the end of
the document. All four pages[6] of the original U.S. Constitution are
written on parchment.[7]
According to the United States Senate: "The Constitution's first three words
—We the People—affirm that the government of the United States exists to
serve its citizens. For over two centuries the Constitution has remained in
force because its framers wisely separated and balanced governmental powers
to safeguard the interests of majority rule and minority rights, of liberty
and equality, and of the federal and state governments."[3]
The first constitution of its kind, adopted by the people's representatives
for an expansive nation, it is interpreted, supplemented, and implemented by
a large body of constitutional law, and has influenced the constitutions of
other nations.
Contents [hide]
1 Historical context 1.1 First government
1.2 Articles of Confederation
2 1787 Drafting
3 1788 Ratification
4 Influences
5 Original frame 5.1 Preamble
5.2 Article One
5.3 Article Two
5.4 Article Three
5.5 Article Four
5.6 Article Five
5.7 Article Six
5.8 Article Seven
5.9 Closing endorsement
6 Ratified amendments 6.1 Safeguards of liberty (Amendments 1, 2, 3)
6.2 Safeguards of justice (Amendments 4, 5, 6, 7, 8)
6.3 Unenumerated rights and reserved powers (Amendments 9, 10)
6.4 Governmental authority (Amendments 11, 16, 18, 21)
6.5 Safeguards of civil rights (Amendments 13, 14, 15, 19, 23, 24, 26)
6.6 Government processes and procedures (Amendments 12, 17, 20, 22, 25, 27)
7 Unratified amendments 7.1 Still pending
7.2 No longer pending
8 Judicial review 8.1 Scope and theory
8.2 Establishment 8.2.1 Self-restraint
8.2.2 Separation of powers
8.3 Subsequent Courts
9 Civic religion
10 Worldwide influence
11 Criticisms
12 See also
13 Notes
14 References 14.1 Footnotes
14.2 Works cited
15 Further reading
16 External links 16.1 U.S. government sources
16.2 Non-governmental sources
Historical context
See also: History of the United States Constitution
First government
From September 5, 1774 to March 1, 1781, the Continental Congress functioned
as the provisional government of the United States. Delegates to the First
(1774) and then the Second (1775–1781) Continental Congress were chosen
largely through the action of committees of correspondence in various
colonies rather than through the colonial or later state legislatures. In no
formal sense was it a gathering representative of existing colonial
governments; it represented the dissatisfied elements of the people, such
persons as were sufficiently interested to act, despite the strenuous
opposition of the loyalists and the obstruction or disfavor of colonial
governors.[8] The process of selecting the delegates for the First and
Second Continental Congresses underscores the revolutionary role of the
people of the colonies in establishing a central governing body. Endowed by
the people collectively, the Continental Congress alone possessed those
attributes of external sovereignty which entitled it to be called a state in
the international sense, while the separate states, exercising a limited or
internal sovereignty, may rightly be considered a creation of the
Continental Congress, which preceded them and brought them into being.[9]
Articles of Confederation
Main article: Articles of Confederation
The Articles of Confederation and Perpetual Union was the first constitution
of the United States.[10] It was drafted by the Second Continental Congress
from mid-1776 through late-1777, and ratification by all 13 states was
completed by early 1781. Under the Articles of Confederation, the central
government's power was quite limited. The Confederation Congress could make
decisions, but lacked enforcement powers. Implementation of most decisions,
including modifications to the Articles, required unanimous approval of all
thirteen state legislatures.[11]
Although, in a way, the Congressional powers in Article 9 made the "league
of states as cohesive and strong as any similar sort of republican
confederation in history",[12] the chief problem with the new government
under the Articles of Confederation was, in the words of George Washington,
"no money".[13] The Continental Congress could print money; but, by 1786,
the currency was worthless. (A popular phrase of the times chimed that a
useless object or person was ... not worth a Continental, referring to the
Continental dollar.) Congress could borrow money, but couldn't pay it back.[
13] No state paid all their U.S. taxes; Georgia paid nothing, as did New
Jersey in 1785. Some few paid an amount equal to interest on the national
debt owed to their citizens, but no more.[13] No interest was paid on debt
owed foreign governments. By 1786, the United States would default on
outstanding debts as their dates came due.[13]
Internationally, the Articles of Confederation did little to enhance the
United States' ability to defend its sovereignty. Most of the troops in the
625-man United States Army were deployed facing – but not threatening –
British forts being maintained on American soil. Those troops had not been
paid; some were deserting and others threatening mutiny.[14] Spain closed
New Orleans to American commerce; U.S. officials protested, but to no effect
. Barbary pirates began seizing American ships of commerce; the Treasury had
no funds to pay their extortionate demands. If any extant or new military
crisis required action, the Congress had no credit or taxing power to
finance a response.[13]
Domestically, the Articles of Confederation was failing to bring unity to
the diverse sentiments and interests of the various states. Although the
Treaty of Paris (1783) was signed between Great Britain and the U.S., and
named each of the American states, various individual states proceeded
blithely to violate it. New York and South Carolina repeatedly prosecuted
Loyalists for wartime activity and redistributed their lands over the
protests of both Great Britain and the Confederation Congress.[13]
Individual state legislatures independently laid embargoes, negotiated
directly with foreign authorities, raised armies, and made war, all
violating the letter and the spirit of the Articles.
During Shays' Rebellion in Massachusetts, Congress could provide no money to
support an endangered constituent state. Nor could Massachusetts pay for
its own internal defense; General Benjamin Lincoln was obliged to raise
funds from Boston merchants to pay for a volunteer army.[15] During the next
Convention, James Madison angrily questioned whether the Articles of
Confederation was a binding compact or even a viable government. Connecticut
paid nothing and "positively refused" to pay U.S. assessments for two years
.[16] A rumor had it that a "seditious party" of New York legislators had
opened a conversation with the Viceroy of Canada. To the south, the British
were said to be openly funding Creek Indian raids on white settlers in
Georgia and adjacent territory. Savannah (then-capital of Georgia) had been
fortified, and the state of Georgia was under martial law.[17]
Congress was paralyzed. It could do nothing significant without nine states,
and some legislation required all thirteen. When a state produced only one
member in attendance, its vote was not counted. If a state's delegation were
evenly divided, its vote could not be counted towards the nine-count
requirement.[18] The Articles Congress had "virtually ceased trying to
govern".[19] The vision of a "respectable nation" among nations seemed to be
fading in the eyes of revolutionaries such as George Washington, Benjamin
Franklin, and Rufus King. Their dream of a republic, a nation without
hereditary rulers, with power derived from the people in frequent elections,
was in doubt.[20]
On February 21, 1787, the Confederation Congress called a convention of
state delegates at Philadelphia to propose a plan of government.[21] Unlike
earlier attempts, the convention was not meant for new laws or piecemeal
alterations, but for the "sole and express purpose of revising the Articles
of Confederation". The convention was not limited to commerce; rather, it
was intended to "render the federal constitution adequate to the exigencies
of government and the preservation of the Union." The proposal might take
effect when approved by Congress and the states.[22]
1787 Drafting
Main article: Constitutional Convention (United States)
Signing the Constitution, September 17, 1787
On the appointed day, May 14, 1787, only the Virginia and Pennsylvania
delegations were present, and so the convention's opening meeting was
postponed for lack of a quorum.[23] A quorum of seven states met and
deliberations began on May 25. Eventually twelve states were represented; 74
delegates were named, 55 attended and 39 signed.[24] The delegates were
generally convinced that an effective central government with a wide range
of enforceable powers must replace the weaker Congress established by the
Articles of Confederation. Their depth of knowledge and experience in self-
government was remarkable. As Thomas Jefferson in Paris wrote to John Adams
in London, "It really is an assembly of demigods." According to one view,
the Framers embraced the federal ambiguities in the constitutional text
allowing for compromise and cooperation about broad concepts rather than
dictating specific policies for the future.[25]
Delegates used two streams of intellectual tradition, and any one delegate
could be found using both or a mixture depending on the subject under
discussion: foreign affairs, the economy, national government, or federal
relationships among the states. Two plans for structuring the federal
government arose at the convention's outset:
The Virginia Plan (also known as the Large State Plan or the Randolph Plan)
proposed that the legislative department of the national government be
composed of a Bicameral Congress, with both chambers elected with
apportionment according to population. Generally favoring the most highly
populated states, it used the philosophy of John Locke to rely on consent of
the governed, Montesquieu for divided government, and Edward Coke to
emphasize civil liberties.[26]
The New Jersey Plan proposed that the legislative department be a unicameral
body with one vote per state. Generally favoring the less-populous states,
it used the philosophy of English Whigs such as Edmund Burke to rely on
received procedure and William Blackstone to emphasize sovereignty of the
legislature. This position reflected the belief that the states were
independent entities and, as they entered the United States of America
freely and individually, remained so.[27]
On May 31, the Convention devolved into a "Committee of the Whole" to
consider the fifteen propositions of the Virginia Plan in their numerical
order. These discussions continued until June 13, when the Virginia
resolutions in amended form were reported out of committee. The New Jersey
plan was put forward in response to the Virginia Plan.
A "Committee of Eleven" (one delegate from each state represented) met from
July 2 to 16[28] to work out a compromise on the issue of representation in
the federal legislature. All agreed to a republican form of government
grounded in representing the people in the states. For the legislature, two
issues were to be decided: how the votes were to be allocated among the
states in the Congress, and how the representatives should be elected. In
its report, now known as the Connecticut Compromise (or "Great Compromise"),
the committee proposed proportional representation for seats in the House
of Representatives based on population (with the people voting for
representatives), and equal representation for each State in the Senate (
with each state's legislatures generally voting for their respective
senators), and that all money bills would originate in the House.[29]
The Great Compromise ended the stalemate between "patriots" and "
nationalists", leading to numerous other compromises in a spirit of
accommodation. There were sectional interests to be balanced by the Three-
Fifths Compromise; reconciliation on Presidential term, powers, and method
of selection; and jurisdiction of the federal judiciary.
On July 24, a "Committee of Detail" – John Rutledge (South Carolina),
Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver
Ellsworth (Connecticut), and James Wilson (Pennsylvania) – was elected to
draft a detailed constitution reflective of the Resolutions passed by the
convention up to that point.[30] The Convention recessed from July 26 to
August 6 to await the report of this "Committee of Detail". Overall, the
report of the committee conformed to the resolutions adopted by the
Convention, adding some elements. A twenty-three article (plus preamble)
constitution was presented.[31]
From August 6 to September 10, the report of the committee of detail was
discussed, section by section and clause by clause. Details were attended to
, and further compromises were effected.[28][30] Toward the close of these
discussions, on September 8, a "Committee of Style and Arrangement" –
Alexander Hamilton (New York), William Samuel Johnson (Connecticut), Rufus
King (Massachusetts), James Madison (Virginia), and Gouverneur Morris (
Pennsylvania) – was appointed to distill a final draft constitution from
the twenty-three approved articles.[30] The final draft, presented to the
convention on September 12, contained seven articles, a preamble and a
closing endorsement, of which Morris was the primary author.[24] The
committee also presented a proposed letter to accompany the constitution
when delivered to Congress.[32]
The final document, engrossed by Jacob Shallus,[33] was taken up on Monday,
September 17, at the Convention's final session. Several of the delegates
were disappointed in the result, a makeshift series of unfortunate
compromises. Some delegates left before the ceremony, and three others
refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up,
addressing the Convention: "There are several parts of this Constitution
which I do not at present approve, but I am not sure I shall never approve
them." He would accept the Constitution, "because I expect no better and
because I am not sure that it is not the best".[34]
The advocates of the Constitution were anxious to obtain unanimous support
of all twelve states represented in the Convention. Their accepted formula
for the closing endorsement was "Done in Convention, by the unanimous
consent of the States present." At the end of the convention, the proposal
was agreed to by eleven state delegations and the lone remaining delegate
from New York, Alexander Hamilton.[35]
1788 Ratification
Transmitted to the United States in Congress Assembled then sitting in New
York City, the new Constitution was forwarded to the states by Congress
recommending the ratification process outlined in the Constitution. Each
state legislature was to call elections for a "Federal Convention" to ratify
the new Constitution. They expanded the franchise beyond the Constitutional
requirement to more nearly embrace "the people". Eleven ratified in 1787 or
1788, and all thirteen had done so by 1790. The Congress of the
Confederation certified eleven states to begin the new government, and
called the states to hold elections to begin operation. It then dissolved
itself on March 4, 1789, the day the first session of the Congress of the
United States began. George Washington was inaugurated as President two
months later.
Territorial extent of the United States, 1790
It was within the power of the old Congress of the Confederation to expedite
or block the ratification of the new Constitution. The document that the
Philadelphia Convention presented was technically only a revision of the
Articles of Confederation. But the last article of the new instrument
provided that when ratified by conventions in nine states (or two-thirds at
the time), it should go into effect among the States so acting.
Then followed an arduous process of ratification of the Constitution by
specially constituted conventions. The need for only nine states' approval
was a controversial decision at the time, since the Articles of
Confederation could only be amended by unanimous vote of all the states.
Three members of the Convention – Madison, Gorham, and King – were also
Members of Congress. They proceeded at once to New York, where Congress was
in session, to placate the expected opposition. Aware of their vanishing
authority, Congress, on September 28, after some debate, resolved
unanimously to submit the Constitution to the States for action, "in
conformity to the resolves of the Convention",[36] but with no
recommendation either for or against its adoption.
Two parties soon developed, one in opposition, the Anti-Federalists, and one
in support, the Federalists, of the Constitution; and the Constitution was
debated, criticized, and expounded upon clause by clause. Hamilton, Madison,
and Jay, under the name of Publius, wrote a series of commentaries, now
known as The Federalist Papers, in support of ratification in the state of
New York, at that time a hotbed of anti-Federalism. These commentaries on
the Constitution, written during the struggle for ratification, have been
frequently cited by the Supreme Court as an authoritative contemporary
interpretation of the meaning of its provisions. The dispute over additional
powers for the central government was close, and in some states
ratification was effected only after a bitter struggle in the state
convention itself.
The Continental Congress – which still functioned at irregular intervals –
passed a resolution on September 13, 1788, to put the new Constitution into
operation with eleven states.[37] North Carolina and Rhode Island ratified
by May 1790.
Influences
Further information: History of the United States Constitution
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Enlightenment and Rule of law
John Locke by Herman Verelst.png
John Locke
Two Treatises of Government
life, liberty and property
Several ideas in the Constitution were new. These were associated with the
combination of consolidated government along with federal relationships with
constituent states.
The Due Process Clause of the Constitution was partly based on common law
and on Magna Carta (1215), which had become a foundation of English liberty
against arbitrary power wielded by a ruler.
Both the influence of Edward Coke and William Blackstone were evident at the
Convention. In his Institutes of the Lawes of England, Edward Coke
interpreted Magna Carta protections and rights to apply not just to nobles,
but to all British subjects. In writing the Virginia Charter of 1606, he
enabled the King in Parliament to give those to be born in the colonies all
rights and liberties as though they were born in England. William Blackstone
's Commentaries on the Laws of England were the most influential books on
law in the new republic.
British political philosopher John Locke following the Glorious Revolution (
1688) was a major influence expanding on the contract theory of government
advanced by Thomas Hobbes. Locke advanced the principle of consent of the
governed in his Two Treatises of Government. Government's duty under a
social contract among the sovereign people was to serve the people by
protecting their rights. These basic rights were life, liberty and property.
Montesquieu emphasized the need for balanced forces pushing against each
other to prevent tyranny (reflecting the influence of Polybius's 2nd century
BC treatise on the checks and balances of the Roman Republic). In his The
Spirit of the Laws, Montesquieu argues that the separation of state powers
should be by its service to the people's liberty: legislative, executive and
judicial.
A substantial body of thought had been developed from the literature of
republicanism in the United States, including work by John Adams and applied
to the creation of state constitutions.
The constitution was a federal one, and was influenced by the study of other
federations, both ancient and extant.
The United States Bill of Rights consists of 10 amendments added to the
Constitution in 1791, as supporters of the Constitution had promised critics
during the debates of 1788.[38] The English Bill of Rights (1689) was an
inspiration for the American Bill of Rights. Both require jury trials,
contain a right to keep and bear arms, prohibit excessive bail and forbid "
cruel and unusual punishments". Many liberties protected by state
constitutions and the Virginia Declaration of Rights were incorporated into
the Bill of Rights.
Original frame
Neither the Convention which drafted the Constitution, nor the Congress
which sent it to the thirteen states for ratification in the autumn of 1787,
gave it a lead caption. To fill this void, the document was most often
titled "A frame of Government" when it was printed for the convenience of
ratifying conventions and the information of the public.[39] This Frame of
Government consisted of a preamble, seven articles and a signed closing
endorsement.
Preamble
"We the People" in an original edition
The preamble to the Constitution serves as an introductory statement of the
document's fundamental purposes and guiding principles. It neither assigns
powers to the federal government,[40] nor does it place specific limitations
on government action. Rather, it sets out the origin, scope and purpose of
the Constitution. Its origin and authority is in "We, the people of the
United States". This echoes the Declaration of Independence. "One people"
dissolved their connection with another, and assumed among the powers of the
earth, a sovereign nation-state. The scope of the Constitution is twofold.
First, "to form a more perfect Union" than had previously existed in the "
perpetual Union" of the Articles of Confederation. Second, to "secure the
blessings of liberty", which were to be enjoyed by not only the first
generation, but for all who came after, "our posterity".[41]
Article One
Article One describes the Congress, the legislative branch of the federal
government. Section 1, reads, "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." The article establishes the manner of
election and the qualifications of members of each body. Representatives
must be at least 25 years old, be a citizen of the United States for seven
years, and live in the state they represent. Senators must be at least 30
years old, be a citizen for nine years, and live in the state they represent.
Article I, Section 8 enumerates the powers delegated to the legislature.
Financially, Congress has the power to tax, borrow, pay debt and provide for
the common defense and the general welfare; to regulate commerce,
bankruptcies, and coin money. To regulate internal affairs, it has the power
to regulate and govern military forces and militias, suppress insurrections
and repel invasions. It is to provide for naturalization, standards of
weights and measures, post offices and roads, and patents; to directly
govern the federal district and cessions of land by the states for forts and
arsenals. Internationally, Congress has the power to define and punish
piracies and offenses against the Law of Nations, to declare war and make
rules of war. The final Necessary and Proper Clause, also known as the
Elastic Clause, expressly confers incidental powers upon Congress without
the Articles' requirement for express delegation for each and every power.
Article I, Section 9 lists eight specific limits on congressional power.
The Supreme Court has sometimes broadly interpreted the Commerce Clause and
the Necessary and Proper Clause in Article One to allow Congress to enact
legislation that is neither expressly allowed by the enumerated powers nor
expressly denied in the limitations on Congress. In McCulloch v. Maryland (
1819), the Supreme Court read the Necessary and Proper Clause to permit the
federal government to take action that would "enable [it] to perform the
high duties assigned to it [by the Constitution] in the manner most
beneficial to the people",[42] even if that action is not itself within the
enumerated powers. Chief Justice Marshall clarified: "Let the end be
legitimate, let it be within the scope of the Constitution, and all means
which are appropriate, which are plainly adapted to that end, which are not
prohibited, but consist with the letter and spirit of the Constitution, are
Constitutional."[42]
Article Two
Article Two describes the office of the President of the United States. The
President is head of the executive branch of the federal government, as well
as the nation's head of state and head of government.
Article Two describes the office, qualifications and duties of the President
of the United States and the Vice President. It is modified by the 12th
Amendment which tacitly acknowledges political parties, and the 25th
Amendment relating to office succession. The president is to receive only
one compensation from the federal government. The inaugural oath is
specified to preserve, protect and defend the Constitution.
The president is the Commander in Chief of the United States Armed Forces
and state militias when they are mobilized. He or she makes treaties with
the advice and consent of a two-thirds quorum of the Senate. To administer
the federal government, the president commissions all the offices of the
federal government as Congress directs; he or she may require the opinions
of its principal officers and make "recess appointments" for vacancies that
may happen during the recess of the Senate. The president is to see that the
laws are faithfully executed, though he or she may grant reprieves and
pardons except regarding Congressional impeachment of himself or other
federal officers. The president reports to Congress on the State of the
Union, and by the Recommendation Clause, recommends "necessary and expedient
" national measures. The president may convene and adjourn Congress under
special circumstances.
Section 4 provides for removal of the president and other federal officers.
The president is removed on impeachment for, and conviction of, treason,
bribery, or other high crimes and misdemeanors.
Article Three
Article Three describes the court system (the judicial branch), including
the Supreme Court. There shall be one court called the Supreme Court. The
article describes the kinds of cases the court takes as original
jurisdiction. Congress can create lower courts and an appeals process.
Congress enacts law defining crimes and providing for punishment. Article
Three also protects the right to trial by jury in all criminal cases, and
defines the crime of treason.
Section 1 vests the judicial power of the United States in federal courts,
and with it, the authority to interpret and apply the law to a particular
case. Also included is the power to punish, sentence, and direct future
action to resolve conflicts. The Constitution outlines the U.S. judicial
system. In the Judiciary Act of 1789, Congress began to fill in details.
Currently, Title 28 of the U.S. Code[43] describes judicial powers and
administration.
As of the First Congress, the Supreme Court justices rode circuit to sit as
panels to hear appeals from the district courts.[a] In 1891, Congress
enacted a new system. District courts would have original jurisdiction.
Intermediate appellate courts (circuit courts) with exclusive jurisdiction
heard regional appeals before consideration by the Supreme Court. The
Supreme Court holds discretionary jurisdiction, meaning that it does not
have to hear every case that is brought to it.[43]
To enforce judicial decisions, the Constitution grants federal courts both
criminal contempt and civil contempt powers. The court's summary punishment
for contempt immediately overrides all other punishments applicable to the
subject party. Other implied powers include injunctive relief and the habeas
corpus remedy. The Court may imprison for contumacy, bad-faith litigation,
and failure to obey a writ of mandamus. Judicial power includes that granted
by Acts of Congress for rules of law and punishment. Judicial power also
extends to areas not covered by statute. Generally, federal courts cannot
interrupt state court proceedings.[43]
Clause 1 of Section 2 authorizes the federal courts to hear actual cases and
controversies only. Their judicial power does not extend to cases which are
hypothetical, or which are proscribed due to standing, mootness, or
ripeness issues. Generally, a case or controversy requires the presence of
adverse parties who have some interest genuinely at stake in the case. Also
required is of broad enough concern in the Court's jurisdiction that a lower
court, either federal or state, does not geographically cover all the
existing cases before law. Courts following these guidelines exercise
judicial restraint. Those making an exception are said to be judicial
activist.[b]
Clause 2 of Section 2 provides that the Supreme Court has original
jurisdiction in cases involving ambassadors, ministers and consuls, for all
cases respecting foreign nation-states,[44] and also in those controversies
which are subject to federal judicial power because at least one state is a
party. Cases arising under the laws of the United States and its treaties
come under the jurisdiction of federal courts. Cases under international
maritime law and conflicting land grants of different states come under
federal courts. Cases between U.S. citizens in different states, and cases
between U.S. citizens and foreign states and their citizens, come under
federal jurisdiction. The trials will be in the state where the crime was
committed.[43]
No part of the Constitution expressly authorizes judicial review, but the
Framers did contemplate the idea. The Constitution is the supreme law of the
land. Precedent has since established that the courts could exercise
judicial review over the actions of Congress or the executive branch. Two
conflicting federal laws are under "pendent" jurisdiction if one presents a
strict constitutional issue. Federal court jurisdiction is rare when a state
legislature enacts something as under federal jurisdiction.[c] To establish
a federal system of national law, considerable effort goes into developing
a spirit of comity between federal government and states. By the doctrine of
'Res judicata', federal courts give "full faith and credit" to State Courts
.[d] The Supreme Court will decide Constitutional issues of state law only
on a case by case basis, and only by strict Constitutional necessity,
independent of state legislators motives, their policy outcomes or its
national wisdom.[e]
Section 3 bars Congress from changing or modifying Federal law on treason by
simple majority statute. Treason is also defined in this section. It's not
enough merely to think a treasonous thought, there must be an overt act of
making war or materially helping those at war with the United States.
Accusations must be corroborated by at least two witnesses. Congress is a
political body and political disagreements routinely encountered should
never be considered as treason. This allows for nonviolent resistance to the
government because opposition is not a life or death proposition. However,
Congress does provide for other less subversive crimes and punishments such
as conspiracy.[f]
Article Four
Article Four outlines the relations among the states and between each state
and the federal government. In addition, it provides for such matters as
admitting new states and border changes between the states. For instance, it
requires states to give "full faith and credit" to the public acts, records
, and court proceedings of the other states. Congress is permitted to
regulate the manner in which proof of such acts may be admitted. The "
privileges and immunities" clause prohibits state governments from
discriminating against citizens of other states in favor of resident
citizens, e.g., having tougher penalties for residents of Ohio convicted of
crimes within Michigan.
It also establishes extradition between the states, as well as laying down a
legal basis for freedom of movement and travel amongst the states. Today,
this provision is sometimes taken for granted, but in the days of the
Articles of Confederation, crossing state lines was often arduous and costly
. The Territorial Clause gives Congress the power to make rules for
disposing of federal property and governing non-state territories of the
United States. Finally, the fourth section of Article Four requires the
United States to guarantee to each state a republican form of government,
and to protect them from invasion and violence.
Article Five
Article Five outlines the process for amending the Constitution. Eight state
constitutions in effect in 1787 included an amendment mechanism. Amendment
making power rested with the legislature in three of the states and in the
other five it was given to specially elected conventions. The Articles of
Confederation provided that amendments were to be proposed by Congress and
ratified by the unanimous vote of all thirteen state legislatures. This
proved to be a major flaw in the Articles, as it created an insurmountable
obstacle to constitutional reform. The amendment process crafted during the
Philadelphia Constitutional Convention was, according to The Federalist No.
43, designed to establish a balance between pliancy and rigidity:[45]
It guards equally against that extreme facility which would render the
Constitution too mutable; and that extreme difficulty which might perpetuate
its discovered faults. It moreover equally enables the General and the
State Governments to originate the amendment of errors, as they may be
pointed out by the experience on one side, or on the other.
There are two steps in the amendment process. Proposals to amend the
Constitution must be properly adopted and ratified before they change the
Constitution. First, there are two procedures for adopting the language of a
proposed amendment, either by a) Congress, by two-thirds majority in both
the Senate and the House of Representatives, or b) national convention (
which shall take place whenever two-thirds of the state legislatures
collectively call for one). Second, there are two procedures for ratifying
the proposed amendment, which requires three-fourths of the states' (
presently 38 of 50) approval: a) consent of the state legislatures, or b)
consent of state ratifying conventions. The ratification method is chosen by
Congress for each amendment.[46] State ratifying conventions were used only
once, for the Twenty-first Amendment.[47]
Presently, the Archivist of the United States is charged with responsibility
for administering the ratification process under the provisions of 1 U.S.
Code § 106b. The Archivist submits the proposed amendment to the states for
their consideration by sending a letter of notification to each Governor.
Each Governor then formally submits the amendment to their state's
legislature. When a state ratifies a proposed amendment, it sends the
Archivist an original or certified copy of the state's action. Ratification
documents are examined by the Office of the Federal Register for facial
legal sufficiency and an authenticating signature.[48]
Article Five ends by shielding certain clauses in the new frame of
government from being amended. Article One, Section 9, Clauses 1 prevents
Congress from passing any law that would restrict the importation of slaves
into the United States prior to 1808, plus the fourth clause from that same
section, which reiterates the Constitutional rule that direct taxes must be
apportioned according state populations. These clauses were explicitly
shielded from Constitutional amendment prior to 1808. On January 1, 1808,
the first day it was permitted to do so, Congress approved legislation
prohibiting the importation of slaves into the country. On February 3, 1913,
with ratification of the Sixteenth Amendment, Congress gained the authority
to levy an income tax without apportioning it among the states or basing it
on the United States Census. The third textually entrenched provision is
Article One, Section 3, Clauses 1, which provides for equal representation
of the states in the Senate. The shield protecting this clause from the
amendment process is less absolute – "no state, without its consent, shall
be deprived of its equal Suffrage in the Senate" – but permanent.
Article Six
Article Six establishes the Constitution, and all federal laws and treaties
of the United States made according to it, to be the supreme law of the land
, and that "the judges in every state shall be bound thereby, any thing in
the laws or constitutions of any state notwithstanding." It validates
national debt created under the Articles of Confederation and requires that
all federal and state legislators, officers, and judges take oaths or
affirmations to support the Constitution. This means that the states'
constitutions and laws should not conflict with the laws of the federal
constitution and that in case of a conflict, state judges are legally bound
to honor the federal laws and constitution over those of any state. Article
Six also states "no religious Test shall ever be required as a Qualification
to any Office or public Trust under the United States."
Article Seven
Article Seven describes the process for establishing the proposed new frame
of government. Anticipating that the influence of many state politicians
would be Antifederalist, delegates to the Philadelphia Convention provided
for ratification of the Constitution by popularly elected ratifying
conventions in each state. The convention method also made it possible that
judges, ministers and others ineligible to serve in state legislatures,
could be elected to a convention. Suspecting that Rhode Island, at least,
might not ratify, delegates decided that the Constitution would go into
effect as soon as nine states (two-thirds rounded up) ratified.[49] Once
ratified by this minimum number of states, it was anticipated that the
proposed Constitution would become this Constitution between the nine or
more that signed. It would not cover the four or fewer states that might not
have signed.[50]
Closing endorsement
Closing endorsement section of the United States Constitution
The Signing of the United States Constitution occurred on September 17, 1787
when 39 delegates to the Constitutional Convention endorsed the
constitution created during the convention. In addition to signatures, this
closing endorsement, the Constitution's eschatocol, included a brief
declaration that the delegates' work has been successfully completed and
that those whose signatures appear on it subscribe to the final document.
Included are, a statement pronouncing the document's adoption by the states
present, a formulaic dating of its adoption, and the signatures of those
endorsing it. Additionally, the convention's secretary, William Jackson,
signed the document to authenticate the validity of the delegate signatures.
He also made a few secretarial notes.
【在 s*f 的大作中提到】
: 这是星光的贴，我转一下
: 一些华人是一群彻底的利己主义者，活得卑微，但崇拜强权，对弱者没有一点人性。
: 一边接受白人歧视，一边歧视他人，政治正确，在他们眼里是皇帝的新衣，剥夺了他们
: 歧视人的权利。
: 孟子说人皆有不忍人之心。善，安抚的就是自己的良心。
: 辛德勒对玩弄女性商场的尔虞我诈，不觉得有违良心，但他接受不了眼睁睁看着犹太人
: 生命消失而不作为，所以他做了选择，放弃逐利，和纳粹帝国对抗去拯救生命。
: 这就是每个人的底线，而一些华人缺的，就是这条底线，因此他们认为难民得不到收容
: 的流离失所家破人亡，跟他们的幸福生活毫无关系，他们只关心那些可能永远也不会发
: 生的“潜在危险”是否回威胁到自己。伊朗濒死小姑娘来美国看心脏病被禁止和自己无
| B*Q
发帖数: 25729 | | f**********n
发帖数: 29853 | 10 最脏的，最没逻辑的话痨。和你一肺痨倒是绝配。
【在 B*Q 的大作中提到】
: 军办女艾迪中
: 最有思想的
| m*********t
发帖数: 294 | 11 The bottom line is that all Trump supporters are fighters, they are brave
enough to speak out. When it's necessary, they will be anti-establishment.
In comparison, has the Chinatown ever haven different opinions than the
mainstream media? They have been prostituting to the establishment. Those
pack of cowards even don't dare to think of anti-establishment. | m********8
发帖数: 938 | 12 被川大大欺凌是我们的福分，没你们左逼的份。
一万条难民的命，也没有川大大一句话重要。 | f*******e
发帖数: 3433 | 13 一群被穆斯林恐袭活得比蟑螂还卑微，却又跪舔穆斯林欺凌合法移民人，更是可悲可怜
可恨。
【在 s*f 的大作中提到】
: 这是星光的贴，我转一下
: 一些华人是一群彻底的利己主义者，活得卑微，但崇拜强权，对弱者没有一点人性。
: 一边接受白人歧视，一边歧视他人，政治正确，在他们眼里是皇帝的新衣，剥夺了他们
: 歧视人的权利。
: 孟子说人皆有不忍人之心。善，安抚的就是自己的良心。
: 辛德勒对玩弄女性商场的尔虞我诈，不觉得有违良心，但他接受不了眼睁睁看着犹太人
: 生命消失而不作为，所以他做了选择，放弃逐利，和纳粹帝国对抗去拯救生命。
: 这就是每个人的底线，而一些华人缺的，就是这条底线，因此他们认为难民得不到收容
: 的流离失所家破人亡，跟他们的幸福生活毫无关系，他们只关心那些可能永远也不会发
: 生的“潜在危险”是否回威胁到自己。伊朗濒死小姑娘来美国看心脏病被禁止和自己无
| c*******o
发帖数: 8869 | 14 哥对星光的观点一般都很支持，但是对这篇要提出批评，解剖老鼠的有，但是解剖诊断
蟑螂的还没见过，因为不需要。
【在 s*f 的大作中提到】
: 这是星光的贴，我转一下
: 一些华人是一群彻底的利己主义者，活得卑微，但崇拜强权，对弱者没有一点人性。
: 一边接受白人歧视，一边歧视他人，政治正确，在他们眼里是皇帝的新衣，剥夺了他们
: 歧视人的权利。
: 孟子说人皆有不忍人之心。善，安抚的就是自己的良心。
: 辛德勒对玩弄女性商场的尔虞我诈，不觉得有违良心，但他接受不了眼睁睁看着犹太人
: 生命消失而不作为，所以他做了选择，放弃逐利，和纳粹帝国对抗去拯救生命。
: 这就是每个人的底线，而一些华人缺的，就是这条底线，因此他们认为难民得不到收容
: 的流离失所家破人亡，跟他们的幸福生活毫无关系，他们只关心那些可能永远也不会发
: 生的“潜在危险”是否回威胁到自己。伊朗濒死小姑娘来美国看心脏病被禁止和自己无
|
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