Magna Carta Exploration: Influence on U.S . Government

Elin Acuna & The Girl Who's Name I Don't Know But You Do So Yeah..Give Her A Grade

1. It's an overview of Amendment I of the U.S. Constitution. Congress cannot make a law respecting an establishment of religion nor can they prohibit the free exercise thereof. Congress cannot abridge the freedom of speech, of the press, the right of the people peaceably to assemble nor the right to petition the Government for a redress of grievances.

39. The Fifth Amendment was adapted from this section. It basically means that no person shall be held to answer for a capital 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. Congress cannot subject any person for the same offense to be twice put in jeopardy of life or limb, make one compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law. In addition, private property  cannot be taken for public use, without just compensation.

40. This is a clause incorporated within the Fifth Amendment that outlines basic constitutional limits on police procedure. It's a guarantee that all criminal defendants will have a fair trial, and a promise that the government will not seize private property without paying market value. While the Fifth Amendment originally only applied to federal courts, the U.S. Supreme Court has interpreted the Fifth Amendment's provisions as now applying to the states through the Due Process Clause of the 14th Amendment.

41. This was adopted into the Commerce Clause of the U.S. Constitution. The term commerce as used in the Constitution means business or commercial exchanges in any and all of its forms between citizens of different states, including purely social communications between citizens of different states by telegraph, telephone,or radio, and the mere passage of persons from one state to another for either business or pleasure.

Intrastate, or domestic, commerce is trade that occurs solely within the geographic borders of one state. As it does not move across statelines, intrastate commerce is subject to the exclusive control of the state.

Interstate commerce, or commerce among the several states, is the free exchange of commodities between citizens of different states acrossstate lines. Commerce with foreign nations occurs between citizens of the United States and citizens or subjects of foreign governments and,either immediately or at some stage of its progress, is extraterritorial. Commerce with Indian tribes refers to traffic or commercial exchangesinvolving both the United States and American Indians.

The Commerce Clause was designed to eliminate an intense rivalry between the groups of those states that had tremendous commercialadvantage as a result of their proximity to a major harbor, and those states that were not near a harbor. That disparity was the source ofconstant economic battles among the states. The exercise by Congress of its regulatory power has increased steadily with the growth andexpansion of industry and means of transportation.

42. Freedom of Movement under U.S. law is governed primarily by the Privileges and Immunities Clause of the U.S. Constitution which states, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." As far back as the circuit ruling in Cornfield v. Coryell (1823), the Supreme Court recognized freedom of movement as a fundamental Constitutional right. In Paul v. Virginia, (1869), the Court defined freedom of movement as "right of free ingress into other States, and egress from them."However, the Supreme Court did not invest the federal government with the authority to protect freedom of movement. Under the "privileges and immunities" clause, this authority was given to the states, a position the Court held consistently through the years in cases such as Ward v. Maryland (1871).

60. The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. The most commonly used -- and frequently litigated -- phrase in the amendment is "equal protection of laws", which figures prominently in a wide variety of landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), and University of California v. Bakke (racial quotas in education).

63. This is about the enumeration clause of the Ninth Amendment. Aside from contending that a bill of rights was unnecessary, the Federalists responded to those opposing ratification of the Constitution because of the lack of a declaration of fundamental rights by arguing that inasmuch as it would be impossible to list all rights it would be dangerous to list some because there would be those who would seize on the absence of the omitted rights to assert that government was unrestrained as to those. Madison adverted to this argument in presenting his proposed amendments to the House of Representatives. "It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution." It is clear from its text and from Madison's statement that the Amendment states but a rule of construction, making clear that a Bill of Rights might not by implication be taken to increase the powers of the national government in areas not enumerated, and that it does not contain within itself any guarantee of a right or a proscription of an infringement. Recently, however, the Amendment has been construed to be positive affirmation of the existence of rights which are not enumerated but which are nonetheless protected by other provisions.

Comment Stream