Hot answers tagged constitution
10
Short answer - There were no federal legal prohibitions against weapon ownership in 1789.
Long answer. During that year the "United States" had at least 14 governments. For the first two months of the year, the territory was governed by the Articles of Confederation. I haven't reviewed all of the legal precedents under the AoC, but I'm willing to bet my ...
6
You essentially have it correct. The Constitution says:
No person except a natural born Citizen, or a Citizen of the United
States, at the time of the Adoption of this Constitution, shall be
eligible to the Office of President; neither shall any Person be
eligible to that Office who shall not have attained to the Age of
thirty-five Years, and ...
4
I'm hardly a Mexican legal expert. However, the Constitutional article you state (the first can be ignored, as that Constitution isn't in effect any more) seems to say that your right to keep guns in your own home can only be restricted by Federal authorities (not state or local authorities). However, there's no limit placed on how restrictive the Federal ...
2
From the Congressional Research Service:
"Considering the history of the constitutional qualifications provision, the common use and meaning of the phrase "natural-born subject" in England and in the Colonies in the 1700s, the clause's apparent intent....would mean a person who is entitled to U.S. citizenship "at birth" or "by birth".
I think that they ...
2
It probably will surprise few people to see me say that rather a lot of the US history taught to US students in grade school is false.
However, what may come as a surprise to some here is that the story about The Great Compromise being a battle between small states and large states may actually be one of those things.
However, this isn't hard at all to ...
2
There are several safeguards against the Chancellor - or any other part of the government - acquiring too great powers.
mart already mentioned Article 1, ang Gangnus mentioned the direct applicability, namely, Article 3.
The core meaning of the first articles is:
Human dignity is inviolable. The state should do everything in its power to honor and protect ...
2
I can offer some points of the constitution that I remebember beeing implemented esp. as a safeguard:
"Human dignity shall be inviolable" (1.1 here) - is the first article, and is meant as a safeguard against legal torture, inhuman punishment and the like
No use of the army in the interior
Separation of police and secret services
"The privacy of ...
2
Henry Adams' History of the United States of America During the First Administration of Thomas Jefferson explains the developments e.g. in the following excerpt (pp. 80). In short, it seems that Jefferson was "just" being pragmatic in a matter that he deemed important for the nation and for his party.
... the President, according to his letters, had ...
1
The minutes of the Constitutional Convention were suppressed; the participants agreed to never reveal what was said. Some people took notes, and some have survived. The best source is probably the Federalist papers, closely followed by the notes taken at the state ratifying conventions.
More than one representative opposed enumeration of rights. The ...
1
Each constitution usually reflects a certain ideology. Even if there were several parties behind its proclamation, they usually share the same ideology and upon ideology change the constitution usually rewritten.
Among other factors that influence the creation of constitution are usually foreign examples and national legal traditions.
1
The most on point case for what it means to be a natural born citizen is U.S. v. Wong Kim Ark (full opinion found at Justia). The opinion itself is a great read on the issue, and one that covers the development of the theory in considerable depth.
Discussed in the opinion are the facts that the US recognizes natural born citizens to be both jus soli (right ...
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