Tuesday, August 23, 2005

Nerdy Time

Ok, welcome to the first weekly post of "Nerdy Time". This is an opportunity to ask a question and post responses to a various "Nerdy" (usually law school related) topic.

This week, we will start with something simple.

What's your favorite article and/or section of the Constitution of the United States of America?

3 Comments:

Blogger Moise said...

I have two favorites....by favorite I mean that which I feel to be very important.

1) Art. I Sec. 9 Par. 8 - No Title of Nobility.
I think this was a great addition that goes towards the goal of the founders of equality among the people (or, at least, free people at the time) It is so regretful that during this reading of the Constution I really felt like it was endorsing slavery. I understand the political motivations of the time to endorse such an abominable trade, but I guess, I didn't realize how much they actually endorsed (implicitly) the practice.

Further, I've seen a movement on the internet about getting rid of lawyers who use the term "Esq." because it supposedly violates this amendment because it is considered an English carryover "title" and gives people one more reason to dislike attorney's.

2) Art. VI Sec. 3 the end part about how "no religious Test shall ever be required as a Qualification to any Office or public Trust under the US".

Now, let's take this into modern day "litmus tests" that are offered to persons being nominated to the Supreme Court. While they are not requiring a religious test, aren't they requring a test of his religion in the form of his views on abortion and other "hot button" issues. Further, couldn't secularism be considered a "religion" of which persons holding public office these days are required to be a member of?

How many preacher/Senators do you know?

Anyway, just thoughts...interested in all your responses....Including Sergei if he finally finds this place....

10:57 PM  
Blogger Full Metal Attorney said...

I have a couple . . .
Article III, Section 1: . . . "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office."
I love this because it puts justices above political pressure, which I think is very important in encouraging them to perform their roles as judges of the law, not of public opinion. It enables them to protect the weak and the long-standing moral ideals of the nation.
Article IV Sections 1 and 2 are really important too . . . . FF&C creates solidarity of the States, and section 2 lets people go from State to State without fear of unfair treatment.
I don't suppose we're going into Amendments at this juncture.

6:13 AM  
Anonymous Anonymous said...

Good remarks from both of you.

But I am sitting here reading "Marbury v. Madison" for tomorrow and I am asking myself, "Is this English?" It looks like English, but I'll be danged if I only grasp about every tenth sentence. Still, I press on.

Like Jon, when I was reading the Const. for today, I was struck by the "no title of nobility" clause. I like that one. It must have been a real innovation at the time. My favorite portion of the Constitution?

"We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Notice the words which were capitalized besides the first word and our country's name:

Order, Union, Justice, (domestic)Tranquility, Welfare, Blessings of Liberty, and (our)Posterity. I take it that this list is the reason we have the Constitution.

Thank God for those "rich white men", fallible though they were.

7:06 PM  

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