| Line 4: |
Line 4: |
| | == Elections == | | == Elections == |
| | | | |
| − | The U.S. Constitution authorizes State legislatures and Congress to pass laws for the election of representatives to the House of Representatives and the Senate, and for picking members of the Elector College (also called "presidential Electors"). As you should expect by now, it is Article I that contains the provision for electing members of the legislature (the House and Senate), and it is Article II that contains the provision for electing the members of the Electoral College. | + | The U.S. Constitution authorizes State legislatures and Congress to pass laws for the election of representatives to the House of Representatives and the Senate, and for picking members of the Electoral College (also called "presidential Electors"). As you should expect by now, it is Article I that contains the provision for electing candidates to Congress (the House and Senate), and it is Article II that contains the provision for electing the members of the Electoral College to choose the next president. |
| | | | |
| | Article I, Section 4, clause 1 states: | | Article I, Section 4, clause 1 states: |
| Line 12: |
Line 12: |
| | The Framers did not misspell "choosing" when they wrote "chusing"; Shakespeare used the same spelling for the word in many of his works.<ref>http://internetshakespeare.uvic.ca/Annex/DraftTxt/ - a good internet source for the works of Shakespeare in their original spellings.</ref> Most other attempts to claim that there is a "mistake" in the Constitution are also not really mistakes at all. | | The Framers did not misspell "choosing" when they wrote "chusing"; Shakespeare used the same spelling for the word in many of his works.<ref>http://internetshakespeare.uvic.ca/Annex/DraftTxt/ - a good internet source for the works of Shakespeare in their original spellings.</ref> Most other attempts to claim that there is a "mistake" in the Constitution are also not really mistakes at all. |
| | | | |
| − | The above sections of Articles I and II give responsibility primarily to the States, but also to Congress, for determining elections rules with respect to members of the House, Senate, and Electoral College. The States determine who will be allowed to vote and the times on Election Day when the polling booths will be open to vote. Congress retained some power, such as establishing when Election Day is for the House, Senate, and Electoral College. | + | The above sections of Articles I and II grant authority primarily to the States, but also to Congress, for determining rules for electing the members of the House, Senate, and Electoral College. The States determine who will be allowed to vote and the times on Election Day when the polling booths will be open for voting. Congress retains some power, such as establishing when Election Day is for electing politicians to the House, Senate, and Electoral College. |
| | | | |
| − | The following provisions in federal law establish that the elections of the representatives in the House and Senate, and the presidential electors, shall occur on the Tuesday after the first Monday in November, which is called "Election Day": | + | The following provisions in federal law establish that the elections of the representatives in the House and Senate, and the presidential electors, shall occur on the Tuesday after the first Monday in November, which is known as "Election Day": |
| | | | |
| | 2 U.S.C. § 7 establishes that: | | 2 U.S.C. § 7 establishes that: |
| Line 25: |
Line 25: |
| | === Louisiana === | | === Louisiana === |
| | | | |
| − | 49 out of the 50 States in the United States use the "common law" tradition based on English law. Under the common law, courts create and refine legal rules by deciding thousands of cases. What is "trespass"? Under the common law, "trespass" is defined by court decisions over the years. For example, someone's liability for chopping down a tree that he thought was on his own property, but actually was on his neighbor's property, is established by many court decisions rather than by laws passed by the legislature, under a common law system. | + | 49 out of the 50 States in the United States use the "common law" tradition based on English law. Under the common law, courts create and refine legal rules by deciding thousands of cases. What is "trespass"? Under the common law, "trespass" is defined by court decisions over the years. For example, someone's liability for chopping down a tree that he thought was on his own property, but actually was on his neighbor's property, is established by many court decisions under a common law system rather than by highly specific laws passed by the legislature. |
| | | | |
| | One State, Louisiana, uses a completely different system: a civil law system based on French law. Under the civil law system, the legislature passes thousands of laws and virtually everything in court is decided based on what the laws say, rather than what prior decisions held. A judge is supposed to interpret and apply directly the applicable laws passed by the legislature, rather than worry about what prior courts held. | | One State, Louisiana, uses a completely different system: a civil law system based on French law. Under the civil law system, the legislature passes thousands of laws and virtually everything in court is decided based on what the laws say, rather than what prior decisions held. A judge is supposed to interpret and apply directly the applicable laws passed by the legislature, rather than worry about what prior courts held. |
| | | | |
| − | Louisiana did not become a State until 1812, and four years earlier it had adopted the Napoleonic Code from France. Louisiana was also influenced by Spanish law, which is also a civil law system. | + | Louisiana did not become a State until 1812, and four years earlier it had adopted the Napoleonic Code from France. Louisiana was also influenced by Spanish law, which is likewise a civil law system. |
| | | | |
| | Many things in Louisiana are different from everywhere else in the United States. The counties in Louisiana are called "parishes", for example. Louisiana has been governed by a total of 10 different flags in its colorful history. When the Civil War began, Louisiana was even an independent nation for 6 weeks prior to becoming part of the Confederacy. | | Many things in Louisiana are different from everywhere else in the United States. The counties in Louisiana are called "parishes", for example. Louisiana has been governed by a total of 10 different flags in its colorful history. When the Civil War began, Louisiana was even an independent nation for 6 weeks prior to becoming part of the Confederacy. |
| Line 163: |
Line 163: |
| | Answer any five out of the following six questions: | | Answer any five out of the following six questions: |
| | | | |
| − | 1. Which three provisions of the Constitution establish the rules for elections of members of the House and the Senate, and election of the president, and what role do they leave for the States? | + | 1. Which two provisions of the Constitution establish the rules for elections of members of the House and the Senate, and election of the president, and what role do they leave for the States? |
| | | | |
| − | 2. What is the "Fourth Branch" of government? Include in your answer another name for it. | + | 2. What is the "Fourth Branch" of government? Include in your answer another common name for it. |
| | | | |
| | 3. Explain what habeas corpus is, and how the Constitution protects it. Are there any exceptions where habeas corpus rights may be suspended? If so, then include an example from American history. | | 3. Explain what habeas corpus is, and how the Constitution protects it. Are there any exceptions where habeas corpus rights may be suspended? If so, then include an example from American history. |