Constitution of the United States of America sister projects: Wikipedia article, nba jerseys Commons gallery, Commons category, quotes, textbook, structured data.The Constitution of the United States is the supreme law of the United States of America. It was completed on September 17, 1787, with its adoption by the Constitutional Convention in Philadelphia, Pennsylvania, and was later ratified by special conventions in each state. It created a federal union of sovereign states, and a federal government to operate that union. It replaced the less defined union that had existed under the Articles of Confederation. It took effect on March 4, 1789 and has served as a model for the constitutions of numerous other nations. The is the oldest written national constitution in use.The Constitution is the second of the three Charters of Freedom along with the Declaration of Independence and the Bill of Rights, with later amendments. This edition is taken from the US House of Representatives web site.The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.No Person shall be a Representative who shall not have attained to the age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their Moncler Women down jacket big neck black respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, Moncler Down Jacket Black Chamonix doudoune South Carolina five, and Georgia three.The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by sale moncler coats Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.The Vice President of the United States shall be President of the Senate but shall have no Vote, unless they be equally divided.The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.The Senate shall Moncler Men stand collar grey T-shirt red blue stripe have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence Moncler goose jackets Womens ingres Hooded Belt black of two thirds, expel a Member.Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may Moncler Women down coats zip purple red in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning MONCLER JACKETS Women Yellow Rib sleeve short paragraph from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;To borrow Money on the credit of the United States;To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;To moncler coats outlet womens coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures

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Constitutionality of the Health Care Reform Law Upon signing of the health care reform bill into law, mlb jerseys 14 states have filed a lawsuit in federal court questioning its legality. 36 states have also enacted opposing laws.In a historic move, President Obama on March 23, 2010 signed a sweeping health care reform bill into law, which became known as the Patient Protection and Affordable Care Act. As soon Moncler Women for coats ocre Butterfly Collar black as the bill was enacted into law, however, 14 states, through their respective attorneys Moncler vosges Women Large lapel Buttons Grey Jackets general, have jointly filed a lawsuit before a federal court in Florida questioning the constitutionality of the law. Also, it has been reported that at least 36 states have enacted legislation prohibiting health care reform.Individual Mandate to Purchase InsuranceThe core issue in the lawsuit is the requirement for individuals to purchase or pay a tax. According to the lawsuit, the "[a]ct represents an unprecedented encroachment on the liberty of individuals... by mandating that all citizens and legal residents of the United States to have qualifying healthcare coverage or pay a tax penalty.. Constitution enumerates the powers of Congress. Congress can only legislate if the subject matter falls within those express powers or can be implied therefrom. Under the Tenth Amendment to the Constitution, the federal government can only exercise powers expressly or impliedly provided by the Constitution (such as Article I), and those not so provided, as well as not prohibited to the states, are reserved to the states. The lawsuit claims that the individual mandate is not among those powers granted to Congress veste moncler femme by the Constitution.The Commerce PowerAmong the enumerated powers of Congress under Article I, Section 8 is the commerce power. It states that "The Congress shall have the power... [t]o regulate Commerce with foreign Nations and among the several States.. Supreme Court, the commerce power of Congress includes regulating activities having a substantial effect on interstate commerce.Opponents of health care reform assert that the individual mandate does not fall within the commerce power of Congress. In his Washington Post (March 21, 2010) article "Is Health Care Reform Constitutional?," Georgetown University law professor Randy E. Barnett argues that while Congress may regulate Moncler Everest Vest Men junya eye Black insurance under the commerce power as an economic activity with substantial effect on interstate commerce, the individual mandate to purchase private insurance does not contemplate an economic activity. According to Barnett the madate targets an inactivity, which is the non possession of a, and to him this is unprecedented.The lawsuit also mentions that the individual mandate does not fall within Congress s commerce power and argues along the same line as Barnett. Viriginia moncler kids coats Attorney General Ken Cuccinelli, who filed a separate lawsuit, claims that "[t]he status of being a citizen or resident of the Commonwealth of Virginia is not a channel of interstate commerce Instead, the status arises from an absence of commerce, not from some sort of economic endeavor, and is not even a non economic activity affecting interstate commerce."But in a paper published by the O Neill Institute of Georgetown University, entitled "Legal Solutions in Health Reform" by Mark Hall, who specializes in health care law and public policy, it found the commerce clause applicable to the individual mandate. According to Hall, has clearly been an economic activity that substantially affects interstate commerce. Hall also argues that individual mandates directly affects interstate commerce because it leads to insurance coverage of more people that will reduce the cost of insurance premiums.Also, law professor Jack Balkin of Yale Law School asserts that the requirement to purchase relates to an economic activity because, according to him, when people get sick the cost of their medical care is passed on to other people or absorbed by hospitals. Hospitals recover by passing this loss to insured patients by increasing their fees and charges, which then adds to the cost of insurance.Federal Law vs. State LawIt has been reported that there are 36 states that have passed so called anti reform legislations or laws that prohibit the implementation within their states of the newly passed health care reform law. It is doubtful, however, if these laws can withstand constitutional muster. Under the Constitution s supremacy clause, federal law supersedes or preempts state law. As observed by Barnett, "under the 10th Amendment, if Congress enacts a Moncler down jackets Women down coat zip long black law pursuant to one of the "powers... delegated to the United States by the Constitution," then that law is supreme, and nothing a state can do changes this."Due Process ViolationThe anti health care lawsuit claims that the individual mandate is an encroachment on individual liberty. The individual mandate, according to it, forces citizens and residents to perform an affirmative act, even if they don t want to, under pain of penalty. Although it did not specifically mention due process violation, the claim opens the door to a discussion on whether the health reform law violates due process or is an Moncler Women down jackets Quincy with Hat purple unwarranted infringement on individual s fundamental freedoms. Constitution will only allow the deprivation of a person s life, liberty or property with due process of law. Compelling a person to purchase private insurance (parting away with one s money) may be characterized as taking of one s property, and for such to be valid it must be with due process of law. But according to Hall, there are two problems to this: (1) the substantive due process clause does not apply to general economic and social rights (according to him the right to retain one s money merely involves economic Moncler Women coats Red for Pattern Hooded interests) and (2) compelling someone to part with his or her money has not been considered "taking" nor is money considered "property" under the Constitution s takings clause. Constitution

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