The Constitution

7000 Words

7 Articles

The Constitution 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.

The Constitution We the people: everyone inside the boundaries, on military bases, and sovereign soil

A more perfect union: try to make the country better (Articles were bad lets try again)

Justice: fairness in terms of the law

Domestic tranquility: peace at home, social order

Common defense: national military

General Welfare: well being

Secure the blessing of: never take away freedom

Posterity: children, future generations

Ordain and establish: make and keep

The Constitution 6 Principles

1. Popular Sovereignty: rule by the people

2. Federalism: power divided between the natl and state govts

3. Separation of Powers: power divided among branches

4. Checks and Balances: each branch has some power over the others

5. Judicial Review: federal courts have the power to rule laws and actions of gov’t unconstitutional

6. limited Gov’t: Const. limits gov’t; lists the power it does / does not have

The Constitution

Article I

- established legislative branch (largest)

- wanted the legislature to be superior

- consists of 10 sections

1. Congress established as 1st branch

The Constitution Powers of the Legislature

1. Enumerated: the powers specifically given in the Const.

-i.e. make taxes

2. Implied: “read between the lines” – hidden powers, the ones “necessary and proper” to carry out enumerated powers

-i.e. can make taxes so… (can make tax evasion illegal)

3. Inherent: the powers that all countries have b/c they are countries

-i.e. control immigration

The Constitution 2. Established House of Reps.

a. 2 year terms

-b. must be 25 years old, US citizen for 7 years, resident of state you rep.

-c. each state at least 1 rep. (1/30,000 then 1/600,000 now)

- d. vacancies filled by special election called by state’s governor

- e. Speaker of the House chosen by majority party, chooses committee heads and handles charges against officials

The Constitution 3. Established the Senate,

origionally selected by state leg., not the people (kept them accountable to the states)

-a. 6 year term, staggered elections 1/3 at a time

-b. 30 years old, US citizen for 9 years, resident of state

-c. Vice Pres. Leader of Senate, no vote unless tied

-d. President pro tempore, serves in absence of VP

Constitution - e. Sole power to try impeachments (not Pres, done by Chief Justice), 2/3 vote for impeachment

- if impeached, a person can be

tried in civil/criminal courts

- f. If senate convicts, they can only remove from office

Constitution

4. Elections and Meetings of Members:

-Elections, Tuesday after 1st Monday of Nov.

- Regular congressional sessions

begin on January 3rd of the year

Constitution 5. Organization and Rules:

- Quorum: required number of reps: 50%, plus 1

- each house sets own rules

- can punish its members

-expel with 2/3 vote

- must publish a journal of proceedings

-neither house can adjourn for more that 3 days without the consent of other house

Constitution 6. Pay and Privileges:

- $174,000/year: rank and file members

- $193,000/year: majority & minority leaders

- $223,500/year: Speaker of the House (orig. $6 a day)

- immunity privileges: cannot be sued or prosecuted for anything said in congress

- cannot be arrested while in session except for treason, felonies, or breach of peace

Constitution 7. Passing Laws:

- revenue bills begin in the House (Senate can Amend)

- bills must be passed by both houses and signed by President who can veto

-if vetoed, 2/3 vote to override

-silent veto: no Pres. action within 10 days becomes law

-pocket veto: no action by Pres. while congress is adjourned, bill dies

ConstitutionPowers and Duties of

CongressSection 8: Congress has power to…(enumerated powers)

- levy/collect taxes and duties

- borrow money by issuing bonds

- regulate commerce (trade) with other nations and b/t states

- set rules of naturalization and bankruptcy

- coin money and regulate its value; set a standard of weights and measures

ConstitutionPower and Duties of

Congress- devise punishment for counterfeiting

- established post office & post roads

- established process of copywriters/patents

- set up courts below the U.S. Supreme Court

- define, set rules regarding piracy and felonies committed at sea

Constitution Power and Duties of

Congress- declare war (President requests it, congress decides)

- raise & maintain an army/navy

- pass regulation that guide military discipline

- the organization of the national guard regulated by states, but Congress my pass legislation allowing them to govern National Guard

- they my make and pass laws for Wash. D.C.

- Elastic Clause (necessary and proper) can make laws needed to execute previously mentioned laws

Constitution Powers and Duties of

CongressSection 9:

- Has dates that were set regarding the slave trade

- stops in 1808, & can set a tax up $10 per slave

- Habeas Corpus can not be suspended except in the cases of rebellion or invasion, to protect public safety

- HC: those under arrest must be brought to court to show just cause for holding

- There can be no Bill of Attainder (punishment of a person without a jury trial), or Ex Post Facto (a law making an act a crime after the act was committed)

ConstitutionPower and duties of

Congress - can’t set export tax

- cannot favor a state or region over another in trade

- No money can be drawn from U.S. treasury without being appropriated by Congress

- The U.S. cannot issue titles of nobility

Constitution Powers and Duties of

Congress Section 10:

- States may not conduct foreign affairs

- States cannot levy taxes on exports or imports

Constitution

Article II – Executive Branch

Section 1

- Terms: 4 year and with the 22nd Amendment, a maximum of 2 terms

- Each state, in the terms set up by their legislature will choose electors- The number of electors each state has is based on

the number of reps and senators the state has- This is the electoral college - These individuals are now nominated by the

political parties

Constitution

- The Tuesday after the 1st Monday in Nov. is general election day

- The Monday after the 2nd Wed. in Dec. is the day electors cast their electoral votes at their state capitals

- Jan. 6th, Congress counts and verifies the electoral votes, 270 needed to win the election, if not , House of Reps. (1 vote per state) votes

- Jan 20th is Inauguration Day

Constitution Qualifications:

- A natural born U.S. citizen

- 35 yrs old

- Resident of the U.S. for at least 14 plus yrs

- All these qualifications apply to the VP as well

Constitution Vacancy in office

- Death, resignation, or removal by impeachment

- VP takes office

- Amendment 25: addresses disability, and succession

Constitution Salary

- Currently $400,000 (Originally $25,000)

- $55,000 expense account, and $120,000 non-taxable travel & entertainment allowance

- VP $202,900 along with pension

Oath of Office: usually administered by Chief Justice

Constitution Section 2

- Powers of the President

- many of these powers are not found in the Constitution but are a result of precedent and court decisions along with the expansion of government over time

Constitution - Commander and Chief

over the Army, Navy, and National Guard called into service

- May require the opinions of principal officers of each executive department

-i.e. the cabinet which is only alluded too

- Has the power of reprieves and pardons (for federal law issues) except for impeachment

Constitution

Treaties and appointments

- Is the chief figure regarding foreign policy, and is responsible for conducting foreign relations

-treaties must be approved by 2/3 of senators present as well as for some Presidential appointments

Constitution Filling Vacancies

- Pres. appoints individuals to various positions which need to be approved by senate

-If congress is not in session the Pres. Can make recess appointment

-it is temporary, and expires at end of congressional term

- often controversial because they are used commonly when the Senate refuses a nominee

Constitution

Section 3

- the Pres. Must give a State of the Union from time to time (generally given in January)

- may call for a special session for either or both houses

- Pres. Will receive ambassadors and foreign officials

- must execute all laws faithfully

Constitution

Section 4:

- Pres. And VP may be impeached

-i.e. treason, bribery, high crimes, and

some misdemeanors

Constitution Article III: Judicial Branch

-Sec. 1

- Judicial power is vested in one supreme court

- The U.S. Supreme Court

- Inferior courts may be established by Congress

- usually serve for life or until they retire

- pay cannot be diminished allows for judges to be impartial and immune to political pressures

Constitution

Sec. 2

- addressing of statute laws

-i.e. laws passed by Congress

- addresses treaties and cases regarding the Constitution

Constitution Sec. 3

-Defines treason

-levying war vs. U.S. or helping enemies

- requires at least 2 witness present to testify

-punishment could be death, and cannot be passed to children, parents property cannot be taken from children

- It was placed here because monarchs would use the charge of treason to remove opposition, and framers wanted relief from this

Constitution

Article IV: Relations between States

-Sec. 1:

- Full Faith and Credit shall be given to the public acts, records, and judicial proceedings of every other state

-acts= laws

-records= mortgages, wills, marriage licenses, leases

-judicial proceedings= only applies to civil law

Constitution Sec. 2:

-Privileges and immunities

-states cannot treat nonresidents

differently than its own citizens

-only applies if passing trough, living, marrying, using courts

-does not apply to voting, certain professions, state university fees

Constitution

- Extradition: accused persons who flee to another state must be returned to the state where the crime was committed.

-Congress has made it a federal crime to flee, this closes some loopholes

Constitution Sec. 3:

- admission of states, and it can only be done by Congress, which sets the guidelines for applying

- Congress has this power regarding territories

-but does not grant the power to acquire new land

Constitution Sec 4:

- Guarantees a republican form of Govt

-Promises all states:

1. they have power and responsibility of electing officials

2. the federal govt is bound to protect them from foreign invasion

3. states may call federal govt to quell domestic violence

Constitution Article V

-How to amend the Constitution

- 2 possibilities

1. requires 2/3 vote of each chamber of Congress, and ratification by 3/4 of all state leg.

-most common method

Constitution -2. requires 2/3 of the states

legs. to call for a constitutional convention

-never used

- every section of the Constitution is able to be changed/amended except…

- states must have equal representation in the Senate

- slave trade is untouchable until 1808

Constitution Article VI

-Supremacy of Constitution

1. Federal law takes precedent over state law

2. All state and federal official must pledge by oath to support and uphold the Constitution

Constitution Delaware - December 7, 1787

Pennsylvania - December 12, 1787

New Jersey - December 18, 1787

Georgia - January 2, 1788

Connecticut - January 9, 1788

Massachusetts - February 6, 1788

Maryland - April 28, 1788

South Carolina - May 23, 1788

New Hampshire - June 21, 1788

Virginia - June 25, 1788

New York - July 26, 1788

North Carolina - November 21, 1789

Rhode Island - May 29, 1790

Article VII

- 9 of 13 states must ratify for adoption of Con.

- became effective June of 1788