where in the constitution does it grant you a lawyer

What is the relationship between law and the Constitution?

Nov 02, 2020 · the right to remain silent and not to testify against themselves the right to counsel and a court-appointed attorney for defendants who can’t afford to hire their own lawyer the right to a speedy trial, as well as a trial by jury for serious crimes criminal defendants’ right to cross-examine witnesses against them and present their own witnesses

What is the study of constitutional law about?

Jan 19, 2021 · Article VI: Debts, Laws, Treaties and Oaths of Office – this article states that debts entered into prior to ratification of the Constitution will still be binding, Laws and Treaties made in pursuance of the Constitution will be “the supreme Law of the Land,” all legislators (state and federal), executives and judicial officers (state and federal) will be bound by oath to support …

What is constitutional law in simple words?

Constitutional Law: An Overview. The broad topic of constitutional law deals with the interpretation and implementation of the United States Constitution.As the Constitution is the foundation of the United States, constitutional law deals with some of the fundamental relationships within our society.

What does Article VI of the constitution say about state laws?

A Short History of Federal Grant Policy. Billions of dollars in Federal grants are awarded each year for programs and projects that benefit the public. This assistance is rooted in the Constitution and its call to "promote the general Welfare." It wasn't until the 1970's, however, that Federal grant policy began to evolve into what it is today.

What Amendment allows you to have a lawyer?

The Sixth AmendmentThe Sixth Amendment gives defendants the right to counsel in federal prosecutions. However, the right to counsel was not applied to state prosecutions for felony offenses until 1963 in Gideon v. Wainwright, 372 U.S. 335.

What does Amendment 7 say?

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.

What does Amendment 6 say?

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 ...

What does the 5th Amendment say?

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 ...

What is the 8th amendment do?

Most often mentioned in the context of the death penalty, the Eighth Amendment prohibits cruel and unusual punishments, but also mentions “excessive fines” and bail.

What does the 10th amendment stand for?

The Meaning The amendment says that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles.

What is my Fourth Amendment?

“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 ...Dec 13, 2021

What does the 7th amendment mean for dummies?

The 7th Amendment to the U.S. Constitution says that civil cases, or lawsuits based on disagreements between people or businesses, have a right to be decided by a jury in federal court. The amount of the lawsuit must be more than $20, and after a jury settles the case, it shouldn't go back to trial again.Dec 27, 2021

What is the 9th amendment in simple terms?

The Ninth Amendment of the United States Constitution states that the federal government doesn't own the rights that are not listed in the Constitution, but instead, they belong to citizens. This means the rights that are specified in the Constitution are not the only ones people should be limited to.

What is the 14th amendment in simple terms?

The Fourteenth Amendment is an amendment to the United States Constitution that was adopted in 1868. It granted citizenship and equal civil and legal rights to African Americans and enslaved people who had been emancipated after the American Civil War.

What does the 3rd amendment mean in simple terms?

The Third Amendment was passed as part of the Bill of Rights. This amendment essentially states that if the United States is not at war, then it can't make people house soldiers. If the United States is at war, it can only make people house soldiers in the way that the government has already established.Oct 10, 2021

What does the 14th amendment of the Constitution say?

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

What are the amendments to the Constitution?

Technically, the Amendments are part of the Constitution, and the way a few of the Amendments are phrased, they could be perceived as granting specific rights. These are mainly Amendments 6 & 7, though these amendments are intended to limit how the government handles legal issues.

Did the founding fathers believe in God?

Yes, the founding fathers believed in God. As a matter of fact, their belief in God was for them the source from which we derive our rights, the primary motivation for their separation from the crown, and the power that would enable to succeed their endeavor to found a new country on a new form of government.

What is constitutional law?

The broad topic of constitutional law deals with the interpretation and implementation of the United States Constitution. As the Constitution is the foundation of the United States, constitutional law deals with some of the fundamental relationships within our society. This includes relationships among the states, the states and the federal government, the three branches (executive, legislative, judicial) of the federal government, and the rights of the individual in relation to both federal and state government. The area of judicial review is an important subject within Constitutional Law. The Supreme Court has played a crucial role in interpreting the Constitution. Consequently, study of Constitutional Law focuses heavily on Supreme Court rulings.

Which article of the Constitution enumerates the powers of Congress?

Article I establishes the House of Representatives and the Senate. See U.S. Const. art. I. Section 8 enumerates the powers of Congress. See U.S. Const. art. I., § 8.

What is the role of the Supreme Court?

The Supreme Court has played a crucial role in interpreting the Constitution. Consequently, study of Constitutional Law focuses heavily on Supreme Court rulings. While the topic also covers the interpretation and implementation of state constitutions, without qualification it is usually understood as referring to the Federal Constitution.

What is the Senate Judiciary Committee?

International Association of Constitutional Law . USConstitution.net. Senate Judiciary Committee (includes information from Subcommittee on Constitution, Federalism, and Property Rights) House Judiciary Committee (includes information from Subcommittee on the Constitution) Slate, "The Constitution: The Juicy Bits".

What is the purpose of the Commerce Clause?

art. I., § 8. Congress has specifically used its power to regulate commerce (the commerce clause) with foreign nations and among the states to enact broad and powerful legislation throughout the nation.

Which article of the Constitution establishes the executive branch?

Article II of the Constitution establishes the presidency and the executive branch of government. The powers of the President are not as clearly enumerated as those of the Congress. He is vested with the "executive" power by section 1. See U.S. Const. art. II, § 1.

What is the supremacy clause?

This is commonly referred to as the Supremacy Clause. Furthermore, all federal, state, and local officials must take an oath to support the Constitution. This means that state governments and officials cannot take actions or pass laws that interfere with the Constitution, laws passed by Congress, or treaties.

What is the Federal Grant and Cooperative Agreement Act?

The Federal Grant and Cooperative Agreement Act, passed in 1977, set out to guide government agencies in their use of Federal funds – particularly by defining the roles of contracts, cooperative agreements, and grants.

When should contracts be awarded?

Contracts, the law states, should be awarded when a Federal agency is acquiring something – an improved computer network, for example. Grants and cooperative agreements, meanwhile, should be awarded when a Federal agency is providing assistance, such as funding for a lower-income housing program in an at-risk urban community.

Why are billions of dollars awarded each year?

Billions of dollars in Federal grants are awarded each year for programs and projects that benefit the public. This assistance is rooted in the Constitution and its call to "promote the general Welfare."

How does the OMB work?

The Executive Office of the President – of which OMB is part – helps to implement the laws through Executive Orders and Guidance that define administrative rules.

What was the purpose of the 70s?

In the 70's, Congressional lawmakers responded to reports that Federal agencies were using assistance awards, or grants, to pay for services . In doing so, they could side-step competition and procurement rules normally associated with government contracting.

Which branch of government is responsible for making laws?

Article I assigns the responsibility for making laws to the Legislative Branch (Congress). Congress is divided into two parts, or “Houses,” the House of Representatives and the Senate. The bicameral Congress was a compromise between the large states, which wanted representation based on population, and the small ones, which wanted the states to have equal representation.

What is Article II?

Article II details the Executive Branch and the offices of the President and Vice President. It lays down rules for electing the President (through the Electoral College), eligibility (must be a natural-born citizen at least 35 years old), and term length. The 12th and 25th Amendments modified some of these rules.

What are the three branches of government?

The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President,) and Judicial (Federal court system). A system of checks and balances prevents any one of these separate powers from becoming dominant.

What is the purpose of Article VII?

Article VII. Article VII describes the ratification process for the Constitution. It called for special state ratifying conventions. Nine states were required to enact the Constitution. Rhode Island became the 13th state to ratify the Constitution in 1790.

How long does it take for Section 2 of the Constitution to become inoperative?

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

Who has the power to lay and collect taxes, duties, imposts and excises?

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;

What are the times, places and manner of holding elections for Senators and Representatives?

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

How long is the executive term?

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows

Which branch of government has the power to grant legislative powers?

Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

When does the President nominate a vice president?

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

What is Section 4?

Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

When did the Bill of Rights become law?

The Bill of Rights (which encapsulates the first 10 amendments to the Constitution) became law in 1791, but the broad freedoms outlined in the First Amendment have been refined by centuries of court rulings, including many historic Supreme Court decisions.

Which amendment guarantees freedom of speech?

The First Amendment to the U.S. Constitution guarantees the right to freedom of speech. But that doesn't mean that people won't be offended by your words or that the First Amendment protects the right to say anything, anywhere or anytime without repercussions. Advertisement. The full text of the First Amendment reads:

What is the First Amendment?

The full text of the First Amendment reads: 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.

Who sued the National Enquirer?

Actress Carol Burnett sued the National Enquirer for libel when it erroneously reported she had been drinking and got into an argument with Henry Kissinger in a restaurant. Burnett won in 1981.

What is written defamation?

Defamation is speech that is both false and damaging to someone's reputation [source: Doskow ]. Written defamation is called libel, and spoken defamation is called slander. Over the years, the courts have established some tests for defamation.

Who signed the Magna Carta?

An illustration of England's King John signing the Magna Carta in 1215. The document was the first ever signed by a king of England to protect the rights of his subjects.

Is Defamation a crime?

Defamation is a civil offense, not a crime. Victims of libel or slander sue the offending publication for damages. Not surprisingly, the National Enquirer and other tabloids are frequent targets of libel suits [source: Terry ].

How long does it take for Section 2 of the Constitution to become inoperative?

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

What powers does Congress have?

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;

What is the purpose of Section 2?

Section 2: The House of Representatives. 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 ...

How long is the executive term?

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Who has the power to try impeachment?

The Senate shall 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.

How do the Electors vote?

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. -- The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Who takes the votes in chusing the President?

But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice.