The Judicial Branch of Government under Article III of Constitution.
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Constitution Review
Table of Contents
Table of Contents
Article I Legislative Branch
Article II Executive Branch
Article III Judicial Branch
Article IV States
Article V Amending the Constitution
Article VI Supremacy, Holding Public OfficeArticle VII Ratification
Bill of Rights (Amendments I-V)
Bill of Rights (Amendments VI-X, XIV)
The Question of Slavery
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Table of Contents
Article I
House of Representatives (Section 2)
Qualifications
25 Years of Age
7 Years as U.S. Resident
Term
2 Years
Election Process
Chosen by the People
Apportioned by Population (Census)
Duties and Responsibilities
Sole Power of Impeachment (i.e., accusation)“Power of the Purse”: Intro Appropriatoins/Revenue Bills
{Article I
Senate (Section 3)Qualifications
30 Years of Age
9 Years as U.S. Resident
Term
6 Years
Election Process
Chosen by the People
Two per State
Duties and Responsibilities
Serves as Jury in Impeachment Cases (2/3 vote to Convict)Approves Executive Appointments
Table of Contents
{Article I
CongressPowers Granted (Section 8)
“Lay and Collect Taxes”
Borrow money
Regulate Commerce
Coin Money
Patent Inventions and Ideas
Constitute Lower Courts (below SCOTUS)Declare War
Budget Armed Forces
Legislate for the District of Columbia (D.C.)
Make Laws “Necessary and Proper” for the Constitutuion
“Commerce Clause” (¶3)
“Elastic Clause” (¶18)
Table of Contents
{Article I
CongressPowers Denied Congress (Section 9)
Talk about Slavery til 1808
Suspend Habeus Corpus
Pass Bills of Attainder or ex post facto Laws
Tax Exports between States
Play Favorites among the States
Grant Titles of Nobility
Table of Contents
{Article I
CongressPowers Denied the States (Section 10)
Enter into Treaties
Coin Money
Pass Bills of Attainder or ex post facto Laws
Grant Titles of Nobility
Tax Imports or Exports
Form Alliances with other States
Engage in War (unless invaded)
Table of Contents
{Article II
The President (POTUS)Qualifications
35 Years of Age
14 Years as U.S. Resident
Term
4 Years
Election Process
Chosen by the Electoral College
Electors Apportioned by Congressional RepresentationElectors Vote for Winner of State/District Elections
“Winner Take All” with 2 Exceptions: NE & ME
Removal from Office
Natural Citizen
Impeachment
For Teason, Bribery, High Crimes
Table of Contents
{Article II
The President (POTUS)Powers
Commander in Chief of Armed Forces
Appoint Judges/Jutices and Public Ministers
Fill Temporary Vacancies in the Senate
Execute Laws
Sign Bills into Law
Veto Laws
Make Treaties
Appoint Cabinet
Responsibilities
Give “State of the Union” Address (from time to time)
Table of Contents
{Article III
The Judiciary (SCOTUS, et al.)Supreme Court
Term
“During good behavior” (for life)
Treaties
Appointed by POTUS
All Cases arising under this Constitution
US Laws
Jurisdiction
Cases Affecting Ambassadors/Public Ministers
Disputes between States
Appointment
Confirmed by Senate
Original Jurisdiction
Apellate Jurisdiction
Treason
Levying War against the United States
Adhering to Enemies of the U.S.
Giving Aid and Comfort to Enemies of the U.S.
Table of Contents
{Article IV
The States“Full Faith and Credit”
States must honor other States’ Acts (Laws), Records, RulingsAdmission of New States to the U.S.
Congress has the power to admit new states
Federal Guarantees to States
Formation of New States
Cannot be made of 2+ existing States without consent of:All State Congresses involved + U.S.
Congress
Republican (small ‘r’) form of governmentProtection from Invasion (or Domestic Violence w/ appeal)
Table of Contents
{Article V
Amending the Constitution2 Ways to Propose Amendments
2/3 of both Houses of Congress agree
2/3 of all State Legislatures call for a convention
2 Ways to Ratify Amendments
3/4 of all State Legislatures agree
3/4 of all State Ratifying Conventions agree
Table of Contents
{Article VI
Supremacy and Public Office
“Supremacy Clause” (§2)
Constitution is “Supreme Law of the Land”
Laws made under the Constitution
Treaties
Qualifications for Public Office
Oath of Affirmation
Federal Law overrides State Law when they conflict
No religious test to hold office
Table of Contents
{Article VII
Ratifying the ConstitutionSufficiency for Ratification
9 States (out of 13)
Constitution is established only for ratifying States
The U.S. Constitution Ratified!
9th State (New Hampshire) Ratified June 21, 178813th State (Rhode Island) Ratified May, 1790
Table of Contents
{Bill of Rights
Amendments I - VBackground and Purpose
Passed to Ensure Anti-Federalists of Individual Rights not explicitly granted by the Constitution
Free exercise of:ReligionSpeech/PressAssembly
Well-Regulated Militia,No Soldiers can be housed in times of peace
I.
II.III.
Right to bear arms
People are protected against:IV.Unreasonable searches/siezures without a WarrantA Warrant cannot be granted without “probable cause”
No person shall:V.
Be held for capital/infamous crime without a Grand JuryBe tried for the same crime twice (Double Jeopardy)Be a witness against himselfBe deprived of life, liberty, property w/o Due Process of Law
Table of Contents
{Bill of Rights
Amendments VI – X, XIVIn all criminal prosecutions, persons have the right to:
A speedy, public trialAn impartial juryKnow the charges against them
Cases concerning significant value must be tried by a jury People are protected against:
VI.
VII.VIII.
The enumerated (i.e., listed) laws in the Constitution do not:
IX.Deny the people of other rights not listed
The Powers not given to the Federal Gov’t by the Constitution and not denied to the States shall be given to:
X.
The States, respectivelyThe People
A lawyer
Detention with excessive bailCruel and unusual punishment
A citizen:XIV.
Is anyone born or naturalized in the U.S.Is entitled to “due process of the law”Is entitled to “equal protection of the law”
Including freed slaves
Table of Contents
{Slavery
How does the Constitution Deal with Slavery?
1) Article I, Section 3“[A]ll other persons” who are not free, indentured to service temporarily, or Indian, are considered:
3/5 of a person for purposes of Representation and Taxation2) Article I, Section 9: Congress cannot prohibit . . .
“[t]he Migration or Importation of Persons . . .”
. . . until 1808
3) Article IV, Section 3
Persons “held to service” shall:Not be free if they run to another stateBe returned to their owners if found in other states
All provisions dealing with slavery were cancelled by the Thirteenth Amendment (1865)
Table of Contents
4) Article VNo Amendment shall affect . . .
. . . the first and fourth clauses of Article I, Section 9 . . . . . . Until 1808
Four ways: