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The Articles of Confederation and Perpetual Union was an agreement among the 13 original states of the United States of America that served as its first frame of government. It was approved after much debate by the Second Continental Congress on November 15, 1777, and sent to the states for ratification. The Articles of Confederation came into force on March 1, 1781, after ratification by all the states. A guiding principle of the Articles was to establish and preserve the independence and sovereignty of the states. The weak central government established by the Articles received only those powers which the former colonies had recognized as belonging to king and parliament.
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody 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 subordinate officers ; and the judicial, consisting of the Supreme Court and other federal courts. Article IV, Article V and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 States to ratify it. It is regarded as the oldest written and codified national constitution in force.
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.
Article Five of the United States Constitution describes the process whereby the Constitution, the nation's frame of government, may be altered. Under Article V, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.
Article Six of the United States Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation.
The Constitution of the Confederate States was the supreme law of the Confederate States of America. It was adopted on March 11, 1861, and was in effect from February 22, 1862, to the conclusion of the American Civil War. The Confederacy also operated under a Provisional Constitution from February 8, 1861, to February 22, 1862. The original Provisional Constitution is located at the American Civil War Museum in Richmond, Virginia, and differs slightly from the version later adopted. The final, handwritten Constitution is located in the Hargrett Rare Book and Manuscript Library at the University of Georgia. Most of its provisions are word-for-word duplicates from the United States Constitution; however, there are crucial differences between the two documents in tone and legal content, primarily regarding slavery.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.
The United States Constitution has served as the supreme law of the United States since taking effect in 1789. The document was written at the 1787 Philadelphia Convention and was ratified through a series of state conventions held in 1787 and 1788. Since 1789, the Constitution has been amended twenty-seven times; particularly important amendments include the ten amendments of the United States Bill of Rights and the three Reconstruction Amendments.
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution:
The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
The Preamble to the United States Constitution, beginning with the words We the People, is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. Courts have referred to it as reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and what they hoped the Constitution would achieve.
The Congress of the Confederation, or the Confederation Congress, formally referred to as the United States in Congress Assembled, was the governing body of the United States of America from March 1, 1781, to March 4, 1789. A unicameral body with legislative and executive function, it was composed of delegates appointed by the legislatures of the several states. Each state delegation had one vote. It was preceded by the Second Continental Congress (1775–1781) and was created by the Articles of Confederation and Perpetual Union in 1781.
The Taxing and Spending Clause, Article I, Section 8, Clause 1 of the United States Constitution, grants the federal government of the United States its power of taxation. While authorizing Congress to levy taxes, this clause permits the levying of taxes for two purposes only: to pay the debts of the United States, and to provide for the common defense and general welfare of the United States. Taken together, these purposes have traditionally been held to imply and to constitute the federal government's taxing and spending power.
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215).
The Legal Tender Cases were two 1871 United States Supreme Court cases that affirmed the constitutionality of paper money. The two cases were Knox v. Lee and Parker v. Davis.
The Perpetual Union is a feature of the Articles of Confederation and Perpetual Union, which established the United States of America as a political entity. Under modern American constitutional law, this concept means that U.S. states are not permitted to overthrow the U.S. Constitution and withdraw from the Union.
The Treaty Clause is the second clause of Article II, Section 2 of the United States Constitution that establishes the procedure for ratification of international agreements. It empowers the President of the United States as the primary negotiator of agreements between the United States and other countries, which, upon receiving the advice and consent of a two-thirds supermajority of the Senate, become binding with the force of federal law.
Admission to the Union is provided by the New States Clause of the United States Constitution in Article IV, Section 3, Clause 1, which authorizes the United States Congress to admit new states into the Union beyond the thirteen states that already existed when the Constitution came into effect. The Constitution went into effect on June 21, 1788 in the nine states that had ratified it, and the U.S. federal government began operations under it on March 4, 1789, when it was in effect in 11 of the 13 states. Since then, 37 states have been admitted into the Union. Each new state has been admitted on an equal footing with those already in existence.
The Supremacy Clause of the Constitution of the United States, establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers delegated to it by the Constitution.
The Signing of the United States Constitution occurred on September 17, 1787, at Independence Hall in Philadelphia, Pennsylvania, when 39 delegates to the Constitutional Convention, representing 12 states, endorsed the Constitution created during the four-month-long convention. In addition to signatures, this endorsement, the Constitution's closing protocol, 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, along with the signatures of those endorsing it. Additionally, the convention's secretary, William Jackson, added a note to verify four amendments made by hand to the final document, and signed the note to authenticate its validity.
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