UNITED STATES CONSTITUTION

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Preamble

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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.”

Article ILegislative Branch

Section 1 – Legislative Power, the Congress

Section 2 – House of Representatives

Section 3 – Senate

Section 4 – Elections and Meetings

Section 5 – Legislative Proceedings

Article ILegislative Department

Section 6 – Compensation, Immunities, and Disabilities of Members

Section 7 – Revenue Bills; President’s Veto

Section 8 – Powers of Congress

Section 9 – Powers Denied to Congress

Section 10 – Powers Denied to States

Article IIExecutive Department

Section 1 – Executive Power; The President; Term; Election: Qualifications; Compensation; Oath of Office

Section 2 – President’s Powers and Duties

Section 3 – President’s Powers and Duties

Section 4 – Impeachment

Article IIIJudicial Department

Section 1 – Judicial Power; Courts; Terms of Office

Section 2 – Jurisdiction

Section 3 – Treason

Article IVRelations Among the States

Section 1 – Full Faith and Credit

Section 2 – Privileges and Immunities of Citizens

Section 3 – New States, Territories

Section 4 – Protection Afforded to States by the Nation

Article VProvisions for Amendment

Amendments can be proposed in two ways: by a two-thirds vote in each house of Congress, or by a national convention called by congress at the request of two-thirds of State legislatures.

Amendments may be ratified in one of two ways: by three-fourths of the State legislatures, or by three-fourths of the States in conventions called for that purpose.

Article VIPublic Debts; Supremacy of National Law; Oath

Section 1 – Validity of Debts

Section 2 – Supremacy of National Law

Section 3 – Oaths of Office

Article VIIRatification of Constitution

The ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the same.

Signed on September 17, 1787.

Informal Amendment

Process by which over time many changes have been made in the Constitution which have not involved any changes in its written words.

Result of the day-to-day, year-to-year experiences of government under the Constitution.

There are 5 ways in which informal amendments can be put forth.

Basic Legislation

Congress has passed a number of laws to spell out several of the Constitution’s brief provisions Added details and meanings to the Constitution

Article III, Section II One Supreme Court

Judiciary Act of 1789 Congress sets up federal courts, not the Supreme Court

Article II Only sets up offices of President and Vice President Various offices, (SEC, FDA) set up by congress

Executive Action

Various Presidents have used their powers to produce changes Only Congress can declare war

Presidents can make war, even when war is not declared by congress Vietnam

Only Congress can enter into formal treaties Presidents can enter into executive agreements

directly with the heads of foreign nations.

Court Decisions

The US Supreme Court may interpret and apply the Constitution in many ways. Marbury V. Madison, 1803

First time the Supreme Court declared an act by a governmental official unconstitutional

Legislation for basic Judicial Review Courts may oversee and overrule actions of the

other branches of government

Party Practices

Political parties, though thought of as dangerous by framers, especially Washington, continue to shape the constitution No law or Constitutional statement provides

for the nomination of candidates for presidency

The President is elected by the electoral college The group that makes the formal selection of

President Electoral college and national party conventions are

“rubber stamps” for selection. US government is party government

Custom

Unwritten customs may be as strong as written law The heads of the 14 executive departments

make up the Cabinet – presidential advisory board

Presidential succession before the 25th Amendment

Senatorial Courtesy – The Senate will only approve those presidential appointees that are acceptable to the senator or senators of the President’s party from the State involved. – Federal judge

2 term Presidencies – 22 Amendment