LUCY LOOKS INTO A WARDROBE
ONCE there were four children whose names were Peter, Susan, Edmund and Lucy. This
story is about something that happened to them when they were sent away from London
during the war because of the air-raids. They were sent to the house of an old Professor
who lived in the heart of the country, ten miles from the nearest railway station and two
miles from the nearest post office. He had no wife and he lived in a very large house with
a housekeeper called Mrs Macready and three servants. (Their names were Ivy, Margaret
and Betty, but they do not come into the story much.) He himself was a very old man
with shaggy white hair which grew over most of his face as well as on his head, and they
liked him almost at once; but on the first evening when he came out to meet them at the
front door he was so odd-looking that Lucy (who was the youngest) was a little afraid of
him, and Edmund (who was the next youngest) wanted to laugh and had to keep on
pretending he was blowing his nose to hide it.
It was windy. The pale afternoon sky was shredded with clouds, the road, grown dustier and more uneven in the last hour, was scattered with blown and rustling leaves.
There were five people in the coach; a thin clerkly man with a pinched face and a shiny suit, and his wife, fat as her husband was thin, and holding to her breast a confused bundle of pink and white draperies from one end of which pouted the creased and overheated features of a young baby. The other travellers were men, both young, one a clergyman of about thirty-five, the other some years his junior.
Almost since the coach left St Austell there had been silence inside it. The child slept soundly despite the jolting of the vehicle and the rattle of the windows and the clank of the swingle bars; nor had the stops wakened it. From time to time the elderly couple exchanged remarks in undertones, but the thin husband was unwilling to talk, a little overawed by the superior class in which he found himself. The younger of the two men had been reading a book throughout the journey, the elder had watched the passing countryside, one hand holding back the faded dusty brown velvet curtain.
Freedom of Religion, Speech, and the Press
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.
The Right to 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.
Housing of Soldiers
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.
Protection from Unreasonable Searches and Seizures
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizuresshall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularlydescribing the place to be searched and the persons or things to be seized.
Protection of Rights to Life, Liberty, and Property
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 offense 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.
Rights of Accused Persons in Criminal Cases
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 defense.
Rights in Civil Cases
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 reexamined in any court of the United States than according to the rules of the common law.
Excessive Bail, Fines, and Punishments Forbidden
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Other Rights Kept by the People
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Undelegated Powers Kept by the States and the 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.
When Mary Boleyn comes to court as an innocent girl of fourteen, she catches the eye of the handsome and charming Henry VIII. Dazzled by the king, Mary falls in love with both her golden prince and her growing role as unofficial queen. However, she soon realizes just how much she is a pawn in her family’s ambitious plots as the king’s interest begins to wane, and soon she is forced to step aside for her best friend and rival: her sister, Anne. With her own destiny suddenly unknown, Mary realizes that she must defy her family and take fate into her own hands.
Article One describes the Congress, the legislative branch of the federal government. Section 1, reads, “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.” The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be a citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent.
Article I, Section 8 enumerates the powers delegated to the legislature. Financially, Congress has the power to tax, borrow, pay debt and provide for the common defense and the general welfare; to regulate commerce, bankruptcies, and coin money. To regulate internal affairs, it has the power to regulate and govern military forces and militias, suppress insurrections and repel invasions. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. Internationally, Congress has the power to define and punish piracies and offenses against the Law of Nations, to declare war and make rules of war. The final Necessary and Proper Clause, also known as the Elastic Clause, expressly confers incidental powers upon Congress without the Articles’ requirement for express delegation for each and every power. Article I, Section 9 lists eight specific limits on congressional power.
The Supreme Court has sometimes broadly interpreted the Commerce Clause and the Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress. In McCulloch v. Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would “enable [it] to perform the high duties assigned to it [by the Constitution] in the manner most beneficial to the people”,even if that action is not itself within the enumerated powers. Chief Justice Marshall clarified: “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional.
Article Two describes the office, qualifications, and duties of the President of the United States and the Vice President. The President is head of the executive branch of the federal government, as well as the nation’s head of state and head of government.
Article two is modified by the 12th Amendment which tacitly acknowledges political parties, and the 25th Amendment relating to office succession. The president is to receive only one compensation from the federal government. The inaugural oath is specified to preserve, protect and defend the Constitution.
The president is the Commander in Chief of the United States Armed Forces and state militias when they are mobilized. He or she makes treaties with the advice and consent of a two-thirds quorum of the Senate. To administer the federal government, the president commissions all the offices of the federal government as Congress directs; he or she may require the opinions of its principal officers and make “recess appointments” for vacancies that may happen during the recess of the Senate. The president is to see that the laws are faithfully executed, though he or she may grant reprieves and pardons except regarding Congressional impeachment of himself or other federal officers. The president reports to Congress on the State of the Union, and by the Recommendation Clause, recommends “necessary and expedient” national measures. The president may convene and adjourn Congress under special circumstances.
Section 4 provides for removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
Article Three describes the court system (the judicial branch), including the Supreme Court. There shall be one court called the Supreme Court. The article describes the kinds of cases the court takes as original jurisdiction. Congress can create lower courts and an appeals process. Congress enacts law defining crimes and providing for punishment. Article Three also protects the right to trial by jury in all criminal cases, and defines the crime of treason.
Section 1 vests the judicial power of the United States in federal courts, and with it, the authority to interpret and apply the law to a particular case. Also included is the power to punish, sentence, and direct future action to resolve conflicts. The Constitution outlines the U.S. judicial system. In the Judiciary Act of 1789, Congress began to fill in details. Currently, Title 28 of the U.S. Code describes judicial powers and administration.
As of the First Congress, the Supreme Court justices rode circuit to sit as panels to hear appeals from the district courts.[b] In 1891, Congress enacted a new system. District courts would have original jurisdiction. Intermediate appellate courts (circuit courts) with exclusive jurisdiction heard regional appeals before consideration by the Supreme Court. The Supreme Court holds discretionary jurisdiction, meaning that it does not have to hear every case that is brought to it.
To enforce judicial decisions, the Constitution grants federal courts both criminal contempt and civil contempt powers. The court’s summary punishment for contempt immediately overrides all other punishments applicable to the subject party. Other implied powers include injunctive relief and the habeas corpus remedy. The Court may imprison for contumacy, bad-faith litigation, and failure to obey a writ of mandamus. Judicial power includes that granted by Acts of Congress for rules of law and punishment. Judicial power also extends to areas not covered by statute. Generally, federal courts cannot interrupt state court proceedings.
Clause 1 of Section 2 authorizes the federal courts to hear actual cases and controversies only. Their judicial power does not extend to cases which are hypothetical, or which are proscribed due to standing, mootness, or ripeness issues. Generally, a case or controversy requires the presence of adverse parties who have some interest genuinely at stake in the case.[c]
Clause 2 of Section 2 provides that the Supreme Court has original jurisdiction in cases involving ambassadors, ministers and consuls, for all cases respecting foreign nation-states,and also in those controversies which are subject to federal judicial power because at least one state is a party. Cases arising under the laws of the United States and its treaties come under the jurisdiction of federal courts. Cases under international maritime law and conflicting land grants of different states come under federal courts. Cases between U.S. citizens in different states, and cases between U.S. citizens and foreign states and their citizens, come under federal jurisdiction. The trials will be in the state where the crime was committed.
No part of the Constitution expressly authorizes judicial review, but the Framers did contemplate the idea. The Constitution is the supreme law of the land. Precedent has since established that the courts could exercise judicial review over the actions of Congress or the executive branch. Two conflicting federal laws are under “pendent” jurisdiction if one presents a strict constitutional issue. Federal court jurisdiction is rare when a state legislature enacts something as under federal jurisdiction.[d] To establish a federal system of national law, considerable effort goes into developing a spirit of comity between federal government and states. By the doctrine of ‘Res judicata‘, federal courts give “full faith and credit” to State Courts.[e] The Supreme Court will decide Constitutional issues of state law only on a case by case basis, and only by strict Constitutional necessity, independent of state legislators motives, their policy outcomes or its national wisdom.[f]
Section 3 bars Congress from changing or modifying Federal law on treason by simple majority statute. This section also defines treason, as an overt act of making war or materially helping those at war with the United States. Accusations must be corroborated by at least two witnesses. Congress is a political body and political disagreements routinely encountered should never be considered as treason. This allows for nonviolent resistance to the government because opposition is not a life or death proposition. However, Congress does provide for other lesser subversive crimes such as conspiracy.[g
Article Four outlines the relations among the states and between each state and the federal government. In addition, it provides for such matters as admitting new states and border changes between the states. For instance, it requires states to give “full faith and credit” to the public acts, records, and court proceedings of the other states. Congress is permitted to regulate the manner in which proof of such acts may be admitted. The “privileges and immunities” clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens. For instance, in criminal sentencing, a state may not increase a penalty on the grounds that the convicted person is a non-resident.
It also establishes extradition between the states, as well as laying down a legal basis for freedom of movement and travel amongst the states. Today, this provision is sometimes taken for granted, but in the days of the Articles of Confederation, crossing state lines was often arduous and costly. The Territorial Clause gives Congress the power to make rules for disposing of federal property and governing non-state territories of the United States. Finally, the fourth section of Article Four requires the United States to guarantee to each state a republican form of government, and to protect them from invasion and violence.
Article Five outlines the process for amending the Constitution. Eight state constitutions in effect in 1787 included an amendment mechanism. Amendment making power rested with the legislature in three of the states and in the other five it was given to specially elected conventions. The Articles of Confederation provided that amendments were to be proposed by Congress and ratified by the unanimous vote of all thirteen state legislatures. This proved to be a major flaw in the Articles, as it created an insurmountable obstacle to constitutional reform. The amendment process crafted during the Philadelphia Constitutional Convention was, according to The Federalist No. 43, designed to establish a balance between pliancy and rigidity:
It guards equally against that extreme facility which would render the Constitution too mutable; and that extreme difficulty which might perpetuate its discovered faults. It moreover equally enables the General and the State Governments to originate the amendment of errors, as they may be pointed out by the experience on one side, or on the other.
There are two steps in the amendment process. Proposals to amend the Constitution must be properly adopted and ratified before they change the Constitution. First, there are two procedures for adopting the language of a proposed amendment, either by (a) Congress, by two-thirds majority in both the Senate and the House of Representatives, or (b) national convention (which shall take place whenever two-thirds of the state legislatures collectively call for one). Second, there are two procedures for ratifying the proposed amendment, which requires three-fourths of the states’ (presently 38 of 50) approval: (a) consent of the state legislatures, or (b) consent of state ratifying conventions. The ratification method is chosen by Congress for each amendment. State ratifying conventions were used only once, for the Twenty-first Amendment.
Presently, the Archivist of the United States is charged with responsibility for administering the ratification process under the provisions of 1 U.S. Code § 106b. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each Governor. Each Governor then formally submits the amendment to their state’s legislature. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state’s action. Ratification documents are examined by the Office of the Federal Register for facial legal sufficiency and an authenticating signature.
Article Five ends by shielding certain clauses in the new frame of government from being amended. Article One, Section 9, Clauses 1 prevents Congress from passing any law that would restrict the importation of slaves into the United States prior to 1808, plus the fourth clause from that same section, which reiterates the Constitutional rule that direct taxes must be apportioned according to state populations. These clauses were explicitly shielded from Constitutional amendment prior to 1808. On January 1, 1808, the first day it was permitted to do so, Congress approved legislation prohibiting the importation of slaves into the country. On February 3, 1913, with ratification of the Sixteenth Amendment, Congress gained the authority to levy an income tax without apportioning it among the states or basing it on the United States Census. The third textually entrenched provision is Article One, Section 3, Clauses 1, which provides for equal representation of the states in the Senate. The shield protecting this clause from the amendment process is less absolute – “no state, without its consent, shall be deprived of its equal Suffrage in the Senate” – but permanent.
Article Six establishes the Constitution, and all federal laws and treaties of the United States made according to it, to be the supreme law of the land, and that “the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding.” It validates national debt created under the Articles of Confederation and requires that all federal and state legislators, officers, and judges take oaths or affirmations to support the Constitution. This means that the states’ constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict, state judges are legally bound to honor the federal laws and constitution over those of any state. Article Six also states “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Article Seven describes the process for establishing the proposed new frame of government. Anticipating that the influence of many state politicians would be Antifederalist, delegates to the Philadelphia Convention provided for ratification of the Constitution by popularly elected ratifying conventions in each state. The convention method also made it possible that judges, ministers and others ineligible to serve in state legislatures, could be elected to a convention. Suspecting that Rhode Island, at least, might not ratify, delegates decided that the Constitution would go into effect as soon as nine states (two-thirds rounded up) ratified. Once ratified by this minimum number of states, it was anticipated that the proposed Constitution would become this Constitution between the nine or more that signed. It would not cover the four or fewer states that might not have signed.
Across the Narrow Sea
So now get up.”
Felled, dazed, silent, he has fallen; knocked full length on the cobbles of the yard. His head turns sideways; his eyes are turned toward the gate, as if someone might arrive to help him out. One blow, properly placed, could kill him now.
Blood from the gash on his head–which was his father’s first effort–is trickling across his face. Add to this, his left eye is blinded; but if he squints sideways, with his right eye he can see that the stitching of his father’s boot is unraveling. The twine has sprung clear of the leather, and a hard knot in it has caught his eyebrow and opened another cut.
“So now get up!” Walter is roaring down at him, working out where to kick him next. He lifts his head an inch or two, and moves forward, on his belly, trying to do it without exposing his hands, on which Walter enjoys stamping. “What are you, an eel?” his parent asks. He trots backward, gathers pace, and aims another kick.
It knocks the last breath out of him; he thinks it may be his last. His forehead returns to the ground; he lies waiting, for Walter to jump on him. The dog, Bella, is barking, shut away in an outhouse. I’ll miss my dog, he thinks. The yard smells of beer and blood. Someone is shouting, down on the riverbank. Nothing hurts, or perhaps it’s that everything hurts, because there is no separate pain that he can pick out. But the cold strikes him, just in one place: just through his cheekbone as it rests on the cobbles.
“Look now, look now,” Walter bellows. He hops on one foot, as if he’s dancing. “Look what I’ve done. Burst my boot, kicking your head.”
Inch by inch. Inch by inch forward. Never mind if he calls you an eel or a worm or a snake. Head down, don’t provoke him. His nose is clotted with blood and he has to open his mouth to breathe. His father’s momentary distraction at the loss of his good boot allows him the leisure to vomit. “That’s right,” Walter yells. “Spew everywhere.” Spew everywhere, on my good cobbles. “Come on, boy, get up. Let’s see you get up. By the blood of creeping Christ, stand on your feet.”
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.
Establishes the name of the confederation with these words: “The stile of this confederacy shall be ‘The United States of America.'”
Asserts the sovereignty of each state, except for the specific powers delegated to the confederation government: “Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated.”
Declares the purpose of the confederation: “The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.”
Elaborates upon the intent “to secure and perpetuate mutual friendship and intercourse among the people of the different States in this union,” and to establish equal treatment and freedom of movement for the free inhabitants of each state to pass unhindered between the states, excluding “paupers, vagabonds, and fugitives from justice.” All these people are entitled to equal rights established by the state into which they travel. If a crime is committed in one state and the perpetrator flees to another state, he will be extradited to and tried in the state in which the crime was committed.
Allocates one vote in the Congress of the Confederation (the “United States in Congress Assembled”) to each state, which is entitled to a delegation of between two and seven members. Members of Congress are to be appointed by state legislatures. No congressman may serve more than three out of any six years.
Only the central government may declare war, or conduct foreign political or commercial relations. No state or official may accept foreign gifts or titles, and granting any title of nobility is forbidden to all. No states may form any sub-national groups. No state may tax or interfere with treaty stipulations already proposed. No state may wage war without permission of Congress, unless invaded or under imminent attack on the frontier; no state may maintain a peacetime standing army or navy, unless infested by pirates, but every State is required to keep ready, a well-trained, disciplined, and equipped militia.
Whenever an army is raised for common defense, the state legislatures shall assign military ranks of colonel and below.
Expenditures by the United States of America will be paid with funds raised by state legislatures, and apportioned to the states in proportion to the real property values of each.
Powers and functions of the United States in Congress Assembled.
Grants to the United States in Congress assembled the sole and exclusive right and power to determine peace and war; to exchange ambassadors; to enter into treaties and alliances, with some provisos; to establish rules for deciding all cases of captures or prizes on land or water; to grant letters of marque and reprisal (documents authorizing privateers) in times of peace; to appoint courts for the trial of pirates and crimes committed on the high seas; to establish courts for appeals in all cases of captures, but no member of Congress may be appointed a judge; to set weights and measures (including coins), and for Congress to serve as a final court for disputes between states.
The court will be composed of jointly appointed commissioners or Congress shall appoint them. Each commissioner is bound by oath to be impartial. The court’s decision is final.
Congress shall regulate the post offices; appoint officers in the military; and regulate the armed forces.
The United States in Congress assembled may appoint a president who shall not serve longer than one year per three-year term of the Congress.
Congress may request requisitions (demands for payments or supplies) from the states in proportion with their population, or take credit.
Congress may not declare war, enter into treaties and alliances, appropriate money, or appoint a commander in chief without nine states assented. Congress shall keep a journal of proceedings and adjourn for periods not to exceed six months.
When Congress is in recess, any of the powers of Congress may be executed by “The committee of the states, or any nine of them”, except for those powers of Congress which require nine states in Congress to execute.
Reaffirms that the Confederation accepts war debt incurred by Congress before the existence of the Articles.
Declares that the Articles shall be perpetual, and may be altered only with the approval of Congress and the ratification of all the state legislatures