2):
BRIEF OVERVIEW
OF THE
TIMELINE
① 1776: Declaration of Independence
②
1777: Articles of Confederation (in
force 1781)
③ 1789: United States Constitution
Preamble (the real one)
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
THE CONSTITUTION (1787)
 Defines the fundamental law of federal
government;
 Sets forth three branches of the federal
government and outlines their
jurisdictions;
 Limits the power of the government to
restrict the basic rights of U.S. citizens;
 Is the supreme law of the land.
Who is in Charge???
A. PRESIDENT?
B. SPEAKER?
C. PRESIDENT OF THE SENATE?
D. CHIEF JUSTICE?
THE FIRST 3 ARTICLES
ARTICLE I: Legislative Branch
ARTICLE II: Executive Branch
ARTICLE III: Judicial Branch
SECTION 1.
LEGISLATIVE POWERS AND
CONGRESS
 All legislative Powers belong to Congress
of the United States:
 Senate and
 House of Representatives.
SECTION 2.
THE HOUSE OF
REPRESENTATIVES
 Elected every 2 years by the people in the
States
SECTION 2.
THE HOUSE OF
REPRESENTATIVES
QUALIFICATIONS
 Must be
 25 years old;
 citizen for 7 years;
 live in the state.
There are currently 435 members of the
House.
CENSUS TO DETERMINE WHO
REPRESENTATIVES
REPRESENT
 Every 10 years the House will figure out
the number and distribution of Reps
based on the census.
 Every state, regardless of population,
must have at least one representative.
 Every state determines the boundaries of
the districts.
EXCLUSIVE POWERS OF THE
HOUSE
① Choose Speaker of House and other
Officers
 Clerk
 Sergeant at Arms
 Chief Administrative Officer
 Chaplain
② Impeachment.
③ Power to initiate revenue bills
SECTION 3.
SENATE
 TERM: Serve for 6 years
 Two per state
 Each have one vote
 Elected by the people in the state (17th
Amendment, ratified 1913)
SENATE QUALIFICATIONS
 Must be
30 years old;
9 years a citizen and
live in the state the person
represent
PRESIDENT OF THE SENATE
 Vice President is President of the Senate.
 Does not vote unless a tie.
 Does NOT run the Senate
 Majority Leader runs the Senate
SENATE: OFFICERS
 The Senate chooses their other Officers
 Secretaries of the Senate and the Parties
 Sergeant at Arms
 Senate Chaplain
SENATE: PRESIDENT PRO
TEMPORE
 The Senate chooses President pro
tempore
 Currently Daniel Inouye (D-Hawaii).
 Presides over Senate when President
of Senate is not there
 In modern times that is all the time
IMPEACHMENT
 Senate has sole Power to try all
Impeachments
IMPEACHMENT PROCEDURE IN
THE SENATE
 When the President of the United States
is tried, the Chief Justice of the United
States presides
 Senate can only convict by a two-thirds
vote of the members present.
SECTION 4.
THE ELECTION OF CONGRESS
EACH STATE LEGISLATURE determines
the
①Times,
②Places and
③Manner of holding Elections for Reps
and Senators
SECTION 4.
THE ELECTION OF CONGRESS
 CONGRESS
 may change the time and manner,
 May not change the places.
 EACH CHAMBER determines
 who wins the election and
 Qualifications (beyond what is in the
constitution [e.g., age]).
BILL TO LAW PROCEDURE
PASS: Must pass both chambers and
sent to President;
SIGN: If President approves, s/he signs it
into law;
VETO: If President does not approve, it is
vetoed and returned to Congress for
reconsideration.
BILL TO LAW PROCEDURE
 SIGN BY DEFAULT:
 President does not sign bill within 10
days (not counting Sundays), AND
 Congress is in session
 It becomes law.
BILL TO LAW PROCEDURE
 POCKET-VETO:
 President does not sign bill within 10
days (not counting Sundays), AND
 Congress is NOT in session
 It does NOT becomes law.
BILL TO LAW SUMMARY
 CONGRESS: Both Chambers pass
identical bill
 PRESIDENT ACTION:
 Sign (YES)
 Veto (NO) & Override veto (YES)
 PRESIDENT ACTION:
 Default (YES)
SECTION 8. ENUMERATED
POWERS OF CONGRESS
1. TAXES:
 Set and collect
 Taxes,
 Duties,
 Imposts and Excises
SECTION 8. ENUMERATED
POWERS OF CONGRESS
2. DEBTS:
 Pay Debts
SECTION 8. ENUMERATED
POWERS OF CONGRESS
3. REGULATE COMMERCE:
 To regulate Commerce
 with other Nations, and
 among the several States
[Interstate Commerce], and
 with the Indian Tribes
SECTION 8. ENUMERATED
POWERS OF CONGRESS
4. COMMON DEFENSE:
 Provide for the common Defense and
general Welfare of the United States;
SECTION 8. ENUMERATED
POWERS OF CONGRESS
5. BORROW MONEY:
 on the credit of the US;
SECTION 8. ENUMERATED
POWERS OF CONGRESS
6. NATURALIZATION:
 To establish uniform Rules;
SECTION 8. ENUMERATED
POWERS OF CONGRESS
7. BANKRUPTCIES:
 To establish uniform Laws throughout
the United States;
SECTION 8. ENUMERATED
POWERS OF CONGRESS
8. MONEY:
 Coin,
 regulate value of it, and
 of foreign currency,
SECTION 8. ENUMERATED
POWERS OF CONGRESS
9. WEIGHTS AND MEASURES:
 Fix the standard for weights and
measurements;
SECTION 8. ENUMERATED
POWERS OF CONGRESS
10. POST OFFICES AND POST ROADS:
 Establish post offices
 Establish post roads for the delivery
of the mail
SECTION 8. ENUMERATED
POWERS OF CONGRESS
11. INTELLECTUAL PROPERTY. To
promote the Progress of Science and
useful Arts, by securing for limited
Times to Authors and Inventors the
exclusive Right to their respective
Writings and Discoveries;
 Copyrights for writings
SECTION 8. ENUMERATED
POWERS OF CONGRESS
12. ESTABLISH COURTS INFERIOR TO
SUPREME COURT
SECTION 8. ENUMERATED
POWERS OF CONGRESS
(Defense)
13. DECLARE WAR.
SECTION 8. ENUMERATED
POWERS OF CONGRESS
(Defense)
14. ARMIES:
 Conscribe and
 Support
SECTION 8. ENUMERATED
POWERS OF CONGRESS
(Defense)
15. NAVY:
 Provide and
 Maintain
SECTION 8. ENUMERATED
POWERS OF CONGRESS
(Defense)
16. MILITIA:
 To provide for calling forth the Militia
 to execute the Laws of the
Union,
 to suppress Insurrections and
 to repel Invasions;
SECTION 8. ENUMERATED
POWERS OF CONGRESS
17. NECESSARY AND PROPER CLAUSE:
 To make all laws that are necessary and
proper for carrying into execution
 the powers in Article I, Section 8, and
 all other powers vested by the
constitution
 in the US government; or
 in any department or
 officer of the United States.
SECTION 1
 “EXECUTIVE POWER” VESTED IN
PRESIDENT.
 TERM.
 President and Vice President hold
Office for a Term of four Years
ELECTION PROCEDURE —
THE ELECTORAL COLLEGE (EC)
 Established as a compromise between
election of president by Congress and
election by popular vote.
 EC consists of 538 electors
 1 per House District [435] +
 1 per senator [100]+
 3 for DC [23rd Amendment].
ELECTION PROCEDURE —
THE ELECTORAL COLLEGE (EC)
 Each State’s allotment of electors =
 number of House members
 + two Senators.
 Census is used to reapportion the
number of electors allocated among
States.
THE ELECTORAL COLLEGE (EC)
(continued)
NOVEMBER (ELECTION DAY):
 DATE:
 Tuesday after the first Monday in
November
 ELECTION:
 Electors are a popularly elected
body chosen by the States and the
THE ELECTORAL COLLEGE (EC)
(continued)
DECEMBER (STATE’S ELECTORAL
VOTE):
 WHAT:
 Electors meet in each State to vote
for President and Vice-President
 WHEN:
 The first Monday after the second
THE ELECTORAL COLLEGE (EC)
(continued)
WINNER:
 MAJORITY (NOT MOST):
 270 electoral votes is required to
elect the President and Vice
President.
 NOTE:
 No Constitutional provision or
Federal law requires electors to vote
in accordance with the popular vote
THE ELECTORAL COLLEGE (EC)
(continued)
o What happens when a person running for
President fails to get 270 electoral votes?
HOUSE ELECTS THE PRESIDENT
 House elects the president (12th
Amendment)
 The top 3 electoral vote getters are on
ballot.
 The vote is taken by State, with each State
delegation having one vote.
 i.e., Wyoming has the same vote as
California
SENATE ELECTS VICE
PRESIDENT
 Senate selects Vice President
 Two candidates who received the greatest
number of electoral votes are on ballot
 Each Senator has a vote.
 Majority vote decides who is the President
of the Senate
QUALIFICATIONS TO BE
PRESIDENT
 President must be a
 Natural Born Citizen;
 35 years old;
 14 years residence in USA.
PRESIDENTIAL OATH OR
AFFIRMATION
“I do solemnly swear (or affirm) that I will
faithfully execute the Office of President of
the United States, and will to the best of my
Ability, preserve, protect and defend the
Constitution of the United States.”
 Notice: the phrase “so help me God”
is not a part of the oath in the
constitution.
POWERS OF THE PRESIDENT
 COMMANDER IN CHIEF
 Of the Army and Navy
 Of State Militia, when called into
actual Service of the United States
POWERS OF THE PRESIDENT
 PARDONS.
 Power to grant Reprieves and
Pardons for Offenses against the
US, except in Cases of
Impeachment.
POWERS OF THE PRESIDENT
 MAKE TREATIES.
 With Advice and Consent of Senate
 Requires 2/3rds of the Senators
present to concur
POWERS OF THE PRESIDENT
 NOMINATE.
 With the Advice and Consent of the
Senate, shall appoint
 Ambassadors, other public
Ministers and Consuls,
 Judges of the supreme Court,
and
POWERS OF THE PRESIDENT
 RECESS APPOINTMENTS.
 When the Senate is in recess, the
President has the power to fill all
vacancies.
 These commissions expire at the
end of that session of Congress (the
end of every even year)
IMPEACHMENT AND REMOVAL
STANDARD
 The President, Vice President and all civil
Officers of the United States, shall be
removed from Office on Impeachment for
(by the House), and Conviction of (by the
Senate):
① Treason,
② Bribery, or
③ other high Crimes and
ARTICLE III.
THE JUDICIAL BRANCH
 Judicial Power of the United States
vested in one supreme Court
AND
 In such inferior Courts as the Congress
may from time to time ordain and
establish.
ARTICLE III.
THE JUDICIAL BRANCH:
INDEPENDENT JUDICIARY
 LIFETIME APPOINTMENT:
 The Judges stay on the bench
“during good behavior
 COMPENSATION:
 Compensation cannot be
decreased during their continuance
JUDICIAL REVIEW
 ALL courts are required to interpret and
apply the Constitution
 Power was not explicitly mentioned in the
Constitution, the principle was definitively
established by the 1803 Supreme Court
case Marbury v Madison (Chief Justice
John Marshall wrote the opinion of the
court).
SECTION 1:
FULL FAITH & CREDIT
 Each state must give Full Faith and
Credit to the public acts (laws), records
(e.g., marriage), and judicial proceedings
(e.g., divorce) of every other State.
 Congress has the power to prescribe the
Manner in which these Acts, Records and
Proceedings shall be proved, and the
effect of them.
SECTION 2.
PRIVILEGES AND IMMUNITIES
 The Citizens of each State shall be
entitled to all PRIVILEGES AND
IMMUNITIES of Citizens in the several
States.
 This means that one state cannot
treat a person from another state
differently than a citizen of their
state.
PROCESS STEP 1:
PROPOSAL
①Amendments to the Constitution may be
proposed
a) by a 2/3 vote of both houses of
Congress, or
b) by a Constitutional convention
called by Congress upon the appeal
of 2/3 of state legislatures.
PROCESS STEP 2:
RATIFICATION
②Any proposed amendments must be
ratified by
a) 3/4 of state legislatures or
b) Constitutional conventions called
by the states.
SUPREME LAW OF THE LAND
 The US Constitution, and the federal laws
made in pursuance of the Federal
Constitution; and all treaties under the
authority of the United States, are the
supreme law of the land.
①The US Constitution;
②Federal laws; AND
③All US treaties
STATE JUDGES
 Judges in every state are bound by the
Federal Constitution.
OATH TO CONSTITUTION
 OATH OR AFFIRMATION. Who are
bound and who must take oath:
 Federal and State members of
legislatures,
 Federal and State executive officers
 Federal and State judicial officers.
RELIGIOUS TEST
 A RELIGIOUS TEST cannot be
required as a qualification to any
office or public trust under the United
States.
THE AMENDMENTS
First Amendment
Fourth Amendment
Fifth Amendment
Sixth Amendment
Fourteenth Amendment
1st Amendment
RELIGION, SPEECH, PRESS,
ASSEMBLY
“Congress shall make no law....”






Establishment Clause
Free Exercise of Religion
Free Speech
Free Press
Right of Assembly
Right to Petition
RELIGION
a) ESTABLISHMENT OF RELIGION: ...
respecting an establishment of religion,
or
b) FREE EXERCISE OF RELIGION: ...
prohibiting the free exercise thereof; or
SPEECH AND PRESS
c) FREEDOM OF SPEECH: ... abridging
freedom of speech, or
d) FREEDOM OF PRESS: ... abridging
freedom of the press; or
ASSEMBLY AND PETITION
e) RIGHT OF ASSEMBLY: ... the right of
the people peaceably to assemble, and
f) RIGHT TO PETITION GOVERNMENT:
... to petition the Government for a
redress of grievances.
AMENDMENT IV.
SEARCH & SEIZURE
The right of the people to be secure in their
persons, houses, papers, and effects,
against unreasonable searches and
seizures, shall not be violated, and no
Warrants shall issue, but upon probable
cause, supported by Oath or affirmation, and
particularly describing the place to be
searched, and the persons or things to be
KEY TERMS IN THE FOURTH
AMENDMENT
THEIR
Personal expectation of privacy
UNREASONABLE
Reasonableness leads to exceptions
to the warrant clause
KEY TERMS IN THE FOURTH
AMENDMENT
 SEARCH
 Intrusion into a protected privacy
interest
 SEIZURE
 loss of liberty or property
5th Amendment
DOUBLE JEOPARDY,
SELF-INCRIMINATION, DUE
PROCESS
 DOUBLE JEOPARDY
 No person can be tried twice for the
same crime
5th Amendment
DOUBLE JEOPARDY,
SELF-INCRIMINATION, DUE
PROCESS
 SELF-INCRIMINATION
 In a criminal case, the defendant
cannot be compelled to testify
5th Amendment
DOUBLE JEOPARDY,
SELF-INCRIMINATION, DUE
PROCESS
 DUE PROCESS
 No one can be deprived of life,
liberty, or property, without due
process of law
6th Amendment
THE RIGHTS OF THE ACCUSED
 In all criminal prosecutions, the accused
shall enjoy....
a) TRIAL. Right to a speedy and
public trial,
b) IMPARTIAL JURY. Where the
crime was committed
c) ACCUSATIONS. Informed of the
6th Amendment
THE RIGHTS OF THE ACCUSED
 In all criminal prosecutions, the accused
shall enjoy....
d) WITNESSES. Confronted with
witnesses against defendant;
e) SUBPOENA POWER. Compulsory
process for obtaining witnesses in
his/her favor, and
13th Amendment
14th Amendment
15th Amendment
13TH AMENDMENT:
ABOLISHMENT OF SLAVERY
 Neither slavery nor involuntary
servitude shall exist within the United
States, or any place subject to their
jurisdiction.
 Except as a punishment for crime
(where the person has been
convicted)
14TH AMENDMENT:
CITIZENSHIP
 All persons born or naturalized in the
United States, and subject to the
jurisdiction thereof, are citizens of:
 the United States and
 the State wherein they reside.
14TH AMENDMENT:
PRIVILEGES OR IMMUNITIES
 No State shall make or enforce any law
which shall abridge the privileges or
immunities of citizens of the United
States;
14TH: DUE PROCESS
CLAUSE
 No State can deprive any persons of life,
liberty, or property, without due process of
law
 The incorporation clause: Bill of
Rights applying to the state
 E.g., Defendant challenges the
search of his car in state court. He
will use the 4th Amendment made
applicable to the states through the
14TH: EQUAL PROTECTION
CLAUSE
 No State can deny to any person within
its jurisdiction the equal protection of the
laws.
 Can the state stop people of different
races from marry each other?
 YES (Pace v Alabama, 1883)
 NO (Loving v Virginia, 1967)
15TH: VOTING RIGHTS
(BLACK MALES)
 The right of citizens of the United States
to vote shall not be denied or abridged by
the United States or by any State on
account of race, color, or previous
condition of servitude.
 Congress has the power to enforce this
through appropriate legislation
19TH: VOTING RIGHTS (SEX)
 The right of citizens of the United States
to vote shall not be denied or abridged by
the United States or by any State on
account of sex.
26TH: VOTING RIGHTS
(18 YEAR OLDS)
 The right of citizens of the United States,
who are 18 years of age or older, to vote,
shall not be denied or abridged by the
United States or any state on account of
age.