United States Bill of Rights

United States Bill of Rights

The Bill of Rights is the collective name for the first ten amendments to the United States Constitution, which limit the power of the U.S. federal government. These limitations serve to protect the natural rights of liberty and property including freedoms of religion, speech, a free press, free assembly, and free association, as well as the right to keep and bear arms.
They were introduced by James Madison to the 1st United States Congress as a series of legislative articles, were adopted by the House of Representatives on August 21, 1789,^[1][2] formally proposed by joint resolution of Congress on September 25, 1789, and came into effect as Constitutional Amendments on December 15, 1791, through the process of ratification by three-fourths of the States.
Originally, the Bill of Rights included legal protection for land-owning white men only,^[3] excluding African Americans^[4] and women.^[5][6] It took additional Constitutional Amendments and numerous Supreme Court cases to extend the same rights to all U.S. citizens.
The Bill of Rights plays a key role in American law and government, and remains a vital symbol of the freedoms and culture of the nation. One of the first fourteen copies of the Bill of Rights is on public display at the National Archives in Washington, D.C..

Articles of Confederation

Prior to the acceptance and implementation of the United States Constitution, the original 13 colonies followed the stipulations and agreements set forth in the Articles of Confederation, created by the Second Continental Congress and ratified in 1781. The national government that operated under the Articles of Confederation was too weak however to adequately regulate the various conflicts that arose between the states.^[18] The Philadelphia Convention set out to correct weaknesses inherent in the Articles of Confederation that had been apparent even before the American Revolutionary War had been successfully concluded.^[18] The newly constituted Federal government included a strong executive branch, a stronger legislative branch and an independent judiciary.

The Bill of Rights is a series of limitations on the power of the U.S. federal government, protecting the natural rights of liberty and property including freedom of religion, freedom of speech, a free press, free assembly, and free association, as well as the right to keep and bear arms. In federal criminal cases, it requires indictment by a grand jury for any capital or "infamous crime", guarantees a speedy, public trial with an impartial jury composed of members of the state or judicial district in which the crime occurred, and prohibits double jeopardy. In addition, the Bill of Rights reserves for the people any rights not specifically mentioned in the Constitution^[19] and reserves all powers not specifically granted to the federal government to the people or the States. Most of these restrictions on the federal government were later applied to the states by a series of legal decisions applying the due process clause of the Fourteenth Amendment, which was ratified in 1868. The Bill was influenced by George Mason's 1776 Virginia Declaration of Rights, the English Bill of Rights 1689, works of the Age of Enlightenment pertaining to natural rights, and earlier English political documents such as Magna Carta (1215).

Amendments

Further information: List of amendments to the United States Constitution

First Amendment – Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Second Amendment – Militia (United States), Sovereign state, Right to keep and bear arms.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.^[56]

Third Amendment – Protection from quartering of troops.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Fourth Amendment – Protection from unreasonable search and seizure.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.

No person shall be held to answer for a capital, or otherwise infamous crime, 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; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Seventh Amendment – Civil trial by jury.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Ninth Amendment – Protection of rights not specifically enumerated in the Constitution.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment – Powers of States and people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

http://en.wikipedia.org/wiki/The_Amendments

Methodist Church History

A Brief History of the Methodist Denomination, By Mary Fairchild, About.com Guide

The Methodist branch of Protestant religion traces its roots back to 1739 where it developed in England as a result of the teachings of John Wesley. While studying at Oxford, Wesley, his brother Charles, and several other students formed a group devoted to study, prayer and helping the underprivileged. They were labeled "Methodist" by their fellow students because of the way they used "rule" and "method" to go about their religious affairs.

The beginning of Methodism as a popular movement began in 1738, when both of the Wesley brothers, influenced by contact with the Moravians, undertook evangelistic preaching with an emphasis on conversion and holiness. Though both Wesley brothers were ordained ministers of the Church of England, they were barred from speaking in most of its pulpits because of their evangelistic methods. They preached in homes, farm houses, barns, open fields, and wherever they found an audience.

Wesley did not set out to create a new church, but instead began several small faith-restoration groups within the Anglican church called the "United Societies." Soon however, Methodism spread and eventually became its own separate religion when the first conference was held in 1744.

George Whitefield (1714-1770) was a minister in the Church of England and also one of the leaders of the Methodist movement. Some believe that he more than John Wesley is the founder of Methodism. He is famous for his part in the Great Awakening movement in America. As a follower of John Calvin, Whitefield parted ways with Wesley over the doctrine of predestination.

Several divisions and schisms occurred throughout Methodism's American history. In 1939, the three branches of American Methodism (the Methodist Protestant Church, the Methodist Episcopal Church, and the Methodist Episcopal Church, South) came to an agreement to reunite under the name "The Methodist Church." This 7.7 million member church prospered on its own for the next twenty-nine years, as did the newly reunited Evangelical United Brethren Church. In 1968, bishops of the two churches took the necessary steps to combine their churches into what has become the second largest Protestant denomination in America, The United Methodist Church.

(Sources: ReligiousTolerance.org, ReligionFacts.com, AllRefer.com, and the Religious Movements Web site of the University of Virginia.)

United States: Three Branches

United States: Three Branches

Main article: Separation of powers under the United States Constitution

In the United States Constitution, Article 1 Section I gives Congress only those "legislative powers herein granted" and proceeds to list those permissible actions in Article I Section 8, while Section 9 lists actions that are prohibited for Congress. The vesting clause in Article II places no limits on the Executive branch, simply stating that, "The Executive Power shall be vested in a President of the United States of America."^[6] The Supreme Court holds "The judicial Power" according to Article III, and it established the implication of Judicial review in Marbury vs Madison.^[7] The federal government refers to the branches as "branches of government", while some systems use "government" to describe the executive. The Executive branch has attempted to claim power arguing for separation of powers to include being the Commander in Chief of a standing army since the Civil war, executive orders, emergency powers and security classifications since WWII, national security, signing statements, and the scope of the unitary executive.

 Checks and balances

To prevent one branch from becoming supreme, protect the "opulent minority" from the majority, and to induce the branches to cooperate, government systems that employ a separation of powers need a way to balance each of the branches. Typically this was accomplished through a system of "checks and balances", the origin of which, like separation of powers itself, is specifically credited to Montesquieu. Checks and balances allow for a system based regulation that allows one branch to limit another, such as the power of Congress to alter the composition and jurisdiction of the federal courts.

Legislative (Congress)	Executive (President)	Judicial (Supreme Court)
Passes bills; has broad taxing and spending power; controls the federal budget; has power to borrow money on the credit of the United States (may be vetoed by President, but vetoes may be overridden with a two-thirds vote of both houses) Has sole power to declare war. Oversees, investigates, and makes the rules for the government and its officers. Defines by law the jurisdiction of the federal judiciary in cases not specified by the Constitution Ratification of treaties signed by the President and gives advice and consent to presidential appointments to the federal judiciary, federal executive departments, and other posts (Senate only) Has sole power of impeachment (House of Representatives) and trial of impeachments (Senate); can remove federal executive and judicial officers from office for high crimes and misdemeanors	Is the commander-in-chief of the armed forces Executes the instructions of Congress. May veto bills passed by Congress (but the veto may be overridden by a two-thirds majority of both houses) Executes the spending authorized by Congress. Declares states of emergency and publishes regulations and executive orders. Makes executive agreements (does not require ratification) and signs treaties (ratification requiring by two-thirds of the Senate) Makes appointments to the federal judiciary, federal executive departments, and other posts with the advice and consent of the Senate. Has power to make temporary appointment during the recess of the Senate Has the power to grant "reprieves and pardons for offenses against the United States, except in cases of impeachment."	Determines which laws Congress intended to apply to any given case Exercises judicial review, reviewing the constitutionality of laws Determines how Congress meant the law to apply to disputes Determines how a law acts to determine the disposition of prisoners Determines how a law acts to compel testimony and the production of evidence Determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process, but gives discretion in individual cases to low-level judges. The amount of discretion depends upon the standard of review, determined by the type of case in question. Federal judges serve for life

http://en.wikipedia.org/wiki/Separation_of_powers

The Indian Removal Act of 1830

Title: The Indian Removal Act of 1830
Author: U.S. Government
Year Published: 1830

The Indian Removal Act of 1830 [This was the Jackson-era legislation authorizing the president to transfer Eastern Indian tribes to the western territories promised (falsely) "in perpetuity". The actual relocation culminated in the 1838 "Trail of Tears" forced march, one of the most shameful occurrences in the history of federal domestic policy.] CHAP. CXLVIII.--An Act to provide for an exchange of lands with the Indians residing in any of the states or territories, and for their removal west of the river Mississippi. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall and may be lawful for the President of the United States to cause so much of any territory belonging to the United States, west of the river Mississippi, not included in any state or organized territory, and to which the Indian title has been extinguished, as he may judge necessary, to be divided into a suitable number of districts, for the reception of such tribes or nations of Indians as may choose to exchange the lands where they now reside, and remove there; and to cause each of said districts to be so described by natural or artificial marks, as to be easily distinguished from every other. SEC. 2. And be it further enacted, That it shall and may be lawful for the President to exchange any or all of such districts, so to be laid off and described, with any tribe or nation within the limits of any of the states or territories, and with which the United States have existing treaties, for the whole or any part or portion of the territory claimed and occupied by such tribe or nation, within the bounds of any one or more of the states or territories, where the land claimed and occupied by the Indians, is owned by the United States, or the United States are bound to the state within which it lies to extinguish the Indian claim thereto. SEC. 3. And be it further enacted, That in the making of any such exchange or exchanges, it shall and may be lawful for the President solemnly to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guaranty to them, and their heirs or successors, the country so exchanged with them; and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same: Provided always, That such lands shall revert to the United States, if the Indians become extinct, or abandon the same. SEC. 4. And be it further enacted, That if, upon any of the lands now occupied by the Indians, and to be exchanged for, there should be such improvements as add value to the land claimed by any individual or individuals of such tribes or nations, it shall and may be lawful for the President to cause such value to be ascertained by appraisement or otherwise, and to cause such ascertained value to be paid to the person or persons rightfully claiming such improvements. And upon the payment of such valuation, the improvements so valued and paid for, shall pass to the United States, and possession shall not afterwards be permitted to any of the same tribe. SEC. 5. And be it further enacted, That upon the making of any such exchange as is contemplated by this act, it shall and may be lawful for the President to cause such aid and assistance to be furnished to the emigrants as may be necessary and proper to enable them to remove to, and settle in, the country for which they may have exchanged; and also, to give them such aid and assistance as may be necessary for their support and subsistence for the first year after their removal. SEC. 6. And be it further enacted, That it shall and may be lawful for the President to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever. SEC. 7. And be it further enacted, That it shall and may be lawful for the President to have the same superintendence and care over any tribe or nation in the country to which they may remove, as contemplated by this act, that he is now authorized to have over them at their present places of residence.

Civics Onlinehttp://www.civics-online.org