The Constitution
Article 1
CONSTITUTION, Article I
ARTICLE I: The Legislative Branch
Section 1 — The power to make laws is given to a Congress made up of t
wo houses; the Senate and the House of Representatives
Section 2 — House of Representatives
1. New members of Congress chosen by voters every two years.
2. Rep. must be: 1) 25 years old; 2) citizen of the U.S. for 7
years; 3) resident of the state
they represent.
3. The number of representatives from each state is based on
that state's population. Each state is guaranteed at least
one rep.
4. Vacancies in the House are filled by special elections called for
by the state's governor.
5. Members of the House shall elect a Speaker and other
Officers. Members of the House have the sole power of
Impeachment.
Section 3 — The Senate
1. Each state shall have two Senators who shall serve a term of 6
years.
2. One-third of the Senate is elected every two years.
3. Sen. must be: 1) 30 years old; 2) citizen of the U.S. for 9 years; 3)
resident of the state they represent.
4. The Vice President presides over the Senate and votes only if there
is a tie.
5. The Senators shall elect officers including a president pro tempore
who presides when the V.P. is absent.
6. The Senate tries Impeachment cases. The Chief Justice of the
Supreme Court acts as
judge and the Senators as jury. A twothirds vote of members present is necessary for conviction.
7. If convicted, an official may only be removed from office and
banned from holding a federal position. They can still be tried
in a court of law.
Section 4 — Elections and Meetings
1. Each state legislature makes its own rules for congressional elections.
2. Congress shall assemble at least once every year. The regular session opens on Jan.
3rd.
Section 5 — Organization and Rules of Procedure
1. A majority of members in each house must be present to have a "quorum" (minimum
number needed to conduct business).
2. Each house sets its own rules.
3. A complete record of everything said on the floor is recorded in the Congressional
Record.`
4. Neither house may adjourn for more than three days or move to another location
without the consent of the other house.
Section 6 — Privileges and Restrictions
1. a- Congressional salaries are paid by the United States Treasury; $165,200/yr
b- Members cannot be sued or prosecuted for anything they say in Congress;
c- Members cannot be arrested while Congress is in session except for major crimes,
treason, or breaking the peace.
2. Members of Congress cannot pass laws that would benefit them personally.
Section 7 — Passing Laws
1. All tax laws must originate in the House of Representatives.
2. A bill may become law only by passing both houses and being signed by the
President. If the President vetoes a bill, it is returned to the house where it
originated, along with a written statement of the President's objections. If twothirds of each house approves the bill after it has been vetoed, the bill becomes
law. If the President does not sign or veto a bill in 10 days, it becomes law
(unless Congress has adjourned- "pocket veto").
3. Every bill passed by Congress must be presented to the President for
approval or veto.
Section 8 — Powers granted to Congress
Congress shall have the power:
1. To lay and collect taxes (at the same rate throughout the states);
2. To borrow money (issue bonds);
3. To regulate foreign and interstate trade;
4. To establish laws on Naturalization and Bankruptcy;
5. To coin money;
6. To provide for the punishment of counterfeiting;
7. To establish Post Offices and Post Roads;
8. To promote progress by issuing patents and copyrights;
9. To establish federal courts;
10. To punish piracies and protect American ships on the high seas;
11. To declare War;
12. To raise and support armies;
13. To provide and maintain a navy;
14. To make rules for the regulation of the army and navy;
15. To provide for the calling of the National Guard to execute the Laws of the
Union, supress Insurrections, or repel Invasions;
16. To pass rules for governing the National Guard's behavior;
17. To make laws for the nation's capital (Washington, D.C.); and
18. "To make all laws which shall be necessary and proper for carrying into
execution" powers listed above and any other powers given in the Constitution.
Section 9 — Powers Denied to the Federal Government
1. Congress can not ban the slave trade before 1808.
2. Habeas Corpus can not be suspended except in cases of
Rebellion or Invasion. (Habeas Corpus= requires a law
official to bring a prisoner to court and show cause for
holding the prisoner)
3. No Bill of Attainder or ex post facto Law shall be passed (Bill of
Attainder = Punishes a person without a jury trial. Ex post
facto Law = Makes an act a crime after the
act has been committed.)
4. No direct tax shall be laid. (16th Amendment made Income
Tax okay)
5. Congress may not tax goods that move from one state to
another.
6. Congress may not favor one state or region over another.
7. No money shall be drawn from the Treasury except by
appropriations made by law.
8. No Title of Nobility shall be granted by the United States.
Section 10 — Powers Denied to the States
1.No State shall conduct foreign affairs, carry on war, or control interstate or
foreign trade.
States are also not allowed to pass laws that
Congress is prohibited from passing.
2. No State shall levy duties on imports or exports.
3. No State shall maintain an army or navy or go to war. States may not
collect fees from foreign vessels or make treaties with other
nations.
The Constitution
Article 2-7
ARTICLE II: The Executive Branch
Section 1 — President and Vice President
1. Executive power is given to a President, who serves for
year term.
2. Each state will appoint electors to vote for the President.
state has as many electors as they do Senators and
Representatives.
3.
4. Congress will determine the national date for choosing
electors. (1st Tue after the 1st Mon in Nov.[2nd-8th])
5. Qualifications: 35 years or older; 14 years resident of
natural born citizen of the U.S.
6. Vice President acts as Pres. if the Pres. can't. Cong.
determine an "order of succession" after the V.P.
7. President receives a salary which cannot be changed
his term of office.
8. President must take an "oath of office". January 20th.
a fourEach
U.S.;
will
during
Section 2 —Powers of the President
1. President is Commander in Chief of the Armed Forces. President
may grant pardons.
2. Pres. has the power to make treaties. Pres. may appoint
ambassadors, federal judges, and other officers.
3. President can temporarily fill vacancies without Senate approval if
Congress is not in session.
Section 3 —Duties of the President:
President must give a "State of the Union" address; may call "special
sessions" of Congress; must receive ambassadors and other officials;
make sure laws are carried out; commission all officers.
Section 4 — Impeachment: Pres., Vice Pres., and all civil officers may be
removed if impeached and convicted.
ARTICLE III: The Judicial Branch
Section 1 — Judicial Power is given to a Supreme Court and other lower courts as
established by Congress. Federal judges serve for life, but may be impeached.
Section 2 — Jurisdiction of the Federal Courts
1. Federal courts may try cases involving: the Constitution; federal laws;
treaties; the U.S. government;
two or more states; citizens of different states; citizens versus foreigners.
2. Cases involving ambassadors of foreign nations or states will be tried in the
Supreme Court. Other cases may be appealed to the Supreme Court.
3. Jury trials are guaranteed for Federal crimes - except for impeachment.
Section 3 — Treason
1. "Waging war against the U.S. or helping an enemy". Must have testimony of
two witnesses (or confession) to convict.
2. Punishment determined by Congress. Cannot punish the convicted's family.
ARTICLE IV: Relations of the States
Section 1 — All states are required to honor each other's laws, records, and legal
decisions.
Section 2 — Privileges of Citizens
1. All states must treat citizens of other states as it treats its own citizens.
2. Accused persons who flee to another state must be returned.
3.
Section 3 — New States and Territories
1. Congress admits new states. No new state formed out of old states or parts
of old states without approval from Congress and the state legislatures
involved.
2. Congress has the power to make laws for territories and federal property.
Section 4 — All states must have a republican government. Federal government
must protect states from invasion and domestic violence.
ARTICLE V: Making Amendments —
Proposed: 1) 2/3 vote in each house or 2) 2/3 of the states
Ratified: 1) 3/4 of state legislatures or 2) 3/4 of state conventions
ARTICLE VI: Miscellaneous
Section 1 — Public Debt: The U.S. government will honor all debts
and contracts made before the Constitution.
Section 2 — Supreme Law of the Land: No state law may disagree with the
Constitution or federal laws and treaties.
Section 3 — Oaths of Office: All federal and state officials must promise to
support the Constitution; religion
may not be a qualification for holding a federal office.
ARTICLE VII: Ratification — Constitution becomes the law of the nation
when ratified by 9 of the 13 states.
The Constitution
The Amendments
• The First Ten Amendments to the U.S. Constitution
• The Bill of Rights was ratified in 1791 (two years after the
ratification of the Constitution)
• The first amendments were written by Congressman James
Madison of Virginia They were then re-written by Congressmen
and Senators.
• George Mason is called “Father of the Bill of Rights ”
• “Bill” means “ List ”
• The “rights” are those of the People and the States They are
protections against the United states Government
First Amendment
“Congress shall make no law respecting an establishment of relation, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or the press, or the right of the
people to peaceable assemble, and to petition the Government for a redress of
grievances”
•Freedom of Speech; Oral, Written, Actions, “expression”, or “Symbolic Speech”.
Limits: Safety, Slander, Morals/Standards , School.
•Freedom of the Press: Originally news papers, now any Public Communication.
(TV, Radio); Limits: Safety, Libel, Morals/Standards
•Freedom of Religion: “Separation of Church and State . There can be no Government
Sponsored religious activity (prayer in schools, religious symbols on public land,
religious qualifications for office, etc) We are free to practice any religion we want.
•Freedom of Assembly: protects the right to peaceable gatherings and meetings
regardless of the
Beliefs of the group or purpose of the meeting.
•Freedom of Petition: you can complain to Congress if you have a problem or concern.
Second Amendment: “The right to bear arms shall not be infringed”
The writers had a fear of the military power of the federal government and
wanted to make sure the people could defend themselves against a
professional army.
Third Amendment: Prevent the Quartering of Soldiers in times of peace.
Importance: Had led to the development of the Constitutional right to Privacy.
Fourth Amendment: Prohibits unreasonable Search and Seizures
In order to conduct a search authorities must have a Search Warrant.
This can only be issued if there is “Probable Cause ” of a crime.
Fifth Amendment: Protects the rights of people accused of a crime.
Can only be brought to trial if Indicted by a Grand Jury
Gives protection against Self Incrimination, or testifying against yourself.
Prohibits Double Jeopardy or being tried twice for the same crime.
Guarantees all citizens Due Process of Law (a fair trial)
Guarantees all citizens the right to own Private Property
The governments power to take your property for public use is called
Eminent Domain
Sixth Amendment: Defendants have a right to a Speedy and Public trial.
Accused persons have a right to have a Lawyer and may questions all witnesses.
Seventh Amendment: Guarantees a jury trial in all Civil cases.
Eighth Amendment: Prohibits excessive Bail or fines. Also prohibits the use of
Cruel and Unusual Punishment Death penalty…?
Ninth Amendment: the right listed in the Bill of Rights are not the only rights
guaranteed to the people.
Tenth Amendment; All rights not denied to the states or given to the federal
government are given to the People and the States
Eleventh Amendment (1798) States cannot be sued in Federal
Court…by any individual.
Twelfth Amendment (1804) Replaced Article 3, Section2 Clause 1.
Each elector would now cast one vote for President and one for a
Vice President
The Civil War Amendments
Thirteenth Amendment (1865): Abolished Slavery
Fourteenth Amendment (1868): States cannot deny Civil Rights to any citizen.
Basically says the
Bill of Rights applies to the states.
Fifteenth Amendment (1870): The right to vote cannot be denied because of “
Race Color or Previous Condition of Servitude ”.
Sixteenth Amendment (1913): Gives Congress the power to Tax Personal
Income.
Seventeenth Amendment (1913): senators elected by the Voters of each state.
Eighteenth Amendment (1919): The manufacture, sale and transportation of
Alcoholic Beverages in the United States is Prohibited .
Nineteenth Amendment (1920): Guarantees Women the right to Vote aka
suffrage.
Twentieth Amendment (1933): Moved the date the President takes office
from March 4 to January 20th . Also said that congress begins
their term on January 3rd
Twenty First Amendment: (1933): Repeals the Nineteenth Amendment
Twenty Second Amendment (1951): No President can serve More than two
terms.
Twenty Third Amendment (1961): Gives people who live in Washington D.C. the
right to vote for President and Vice President. Washington D.C. given 3
electoral votes.
Twenty Fourth Amendment (1964): Prohibits the use of Poll Taxes in federal
elections. Has been ruled to apply to state and local elections.
Twenty Fifth Amendment (1967): Presidential Succession
If the president dies or resigns, the Vice President becomes
President. If there is no Vice President, the President shall Appoint
a successor.
If the President is unable to carry out his duties (s)he must send a
written message to the Speaker of the House and the President Pro
Tempore of the Senate. Once this is done, the Vice President is in
charge.
Twenty Sixth Amendment (1971): Lowers the minimum voting age in all
elections to 18.
Twenty Seventh Amendment (1996): Gives a Pay Raise to all members
of Congress. Restrictions: Pay raises cannot go into effect until a
new congress is elected. (every two years)