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The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. 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.
The Ineligibility Clause (sometimes also called the Emoluments Clause, [1] or the Incompatibility Clause, [2] or the Sinecure Clause [3]) is a provision in Article 1, Section 6, Clause 2 of the United States Constitution [4] that makes each incumbent member of Congress ineligible to hold an office established by the federal government during their tenure in Congress; [5] it also bars officials ...
"Separation of church and state" is a metaphor paraphrased from Thomas Jefferson and used by others in discussions of the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution, which reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof".
The Necessary and Proper Clause, also known as the Elastic Clause, [1] 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 ...
The operative clause's text and history demonstrate that it connotes an individual right to keep and bear arms. pp. 2–22. [238] [239] The prefatory clause comports with the Court's interpretation of the operative clause. The "militia" comprised all males physically capable of acting in concert for the common defense.
The draft constitution was discussed, section by section and clause by clause. Details were attended to, and further compromises were effected. [4] [6] On September 8, 1787, a Committee of Style, with different members, was impaneled to distill a final draft constitution from the twenty-three approved articles. [4]
The primary author of the Privileges or Immunities Clause was Congressman John Bingham of Ohio. The common historical view is that Bingham's primary inspiration, at least for his initial prototype of this Clause, was the Privileges and Immunities Clause in Article Four of the United States Constitution, [1] [2] which provided that "The Citizens of each State shall be entitled to all Privileges ...