The Constitution of the United
States of America
a brief, but thorough, introduction
Preamble
• Identifies the broad purposes of the
Constitution
• “We the People” - popular sovereignty and
representative government
Article I
The Legislative Department
• Section 1 - Legislative Powers; Congress
• Section 2 - The House of Representatives
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clause 1 - Election (when and how)
clause 2 - Qualifications (who)
clause 3 - Apportionment (which)
clause 4 - Vacancies (off-election replacements)
clause 5 - Officers of the House and Power of
Impeachment
Article I - continued
• Section 3 - The Senate
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clause 1 - Composition: Elections (when/how)
clause 2 - Classification (3 groups)
clause 3 - Qualifications (who)
clause 4 - Presiding Officer (the V.P)
clause 5 - Other Officers (leadership)
clause 6 - Impeachment trials
clause 7 - Penalty for impeachment convictions
Article I - continued
• section 4 - Elections/Meetings
– 1) Election (when and how...or not)
– 2) Sessions (when to meet)
• section 5 - Legislative Proceedings
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1) Admission/Quorum (who gets in, what’s a meeting)
2) Rules (and who sets them)
3) Record (The Congressional Record)
4) Adjournment (rules for leaving a session!)
still Article I (Legislature)
• section 6 - Compensation/Immunities/Disabilities
– 1) Salaries/Immunities (pay/“forgiveness”)
– 2) Restrictions (no unlimited “movin’ on up!”)
• section 7 - Revenue Bills/President’s Veto
– 1) Revenue Bills (must start in the House)
– 2) Enactment of Laws/Veto (president’s 3
options)
– 3) Other Measures (“just like a bill, only
different!”)
Article I - still about Congress!
• section 8 (the long one) - 18 separate clauses
identifying things Congress has power to do:
– 1) Levy and Collect Taxes
– 2) Borrow money (bonds)
– 3) regulate trade
– 4) Naturalization laws
– 5) Coin money and set standards of
measurement
more of section 8 - Powers of Congress
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6) counterfeit laws
7) Create a postal system
8) Copyrights and Patents
9) CREATE federal courts (systems)
10) Piracy and individual foreign intrigue!
11) DECLARE WAR (this is a biggie!)
finishing section 8 (powers)
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12) Go Army! (but no more than two years)
13) Go Navy!
14) Military Rules (Civilian Armed Forces)
15) Calling up Militias (domestic)
16) Militia training (for international use)
17) We Want Washington, D.C.!!
18) Necessary and Proper (a.k.a. “Elastic”) Clause
(broad additional “powers” to Congress)
Article 1 - section 9 - what Congress CAN’T do)
• 1) can’t end slavery until at least 1808
• 2) no suspension of habeas corpus
• 3) no bill of attainder (punishment without
trial) or ex post facto laws
• 4) no “head” taxes (or direct taxes - wait we’re kidding, we CAN have direct taxes!)
more of section 9 - the “NOTs”
• 5) no taxes on EXPORTS (American goods
going out)
• 6) No liking Charleston over Boston
• 7) Congress controls federal money
• 8) No “Sir Hollander” in this country and
no taking donations from foreign kings!
Article I (ending!) - section10 Things the STATES can’t do
• 1) States can’t make treaties, coin money,
grant titles of nobility, etc...
• 2) States can’t tax imports (only the
FEDERAL government can tax imports),
and states, also, can’t tax exports
• 3) No declaring war - only Congress
(federal) can do that
Article II (finally) - The
Executive Department
• section 1 - President/Vice-President
– 1) Executive power and length of office
– 2) Electoral “College”
– 3) Erased! (by the 12th amendment)
– 4) Election Day(s) options
– 5) Qualifications (no “Ah-nold”)
– 6)Vacancy (what happens when the Pres can’t “do it”)
– 7) Compensation (pay and perks)
– 8) The Oath of Office
Article II (Exec.) continued Section 2 (Powers and Duties)
• 1) Military - President (a CIVILIAN) is the
“Commander-in-Chief”; grants pardons
• 2) Make treaties (approved by Senate) and
make appointments with ADVICE AND
CONSENT of the Senate (why they’re the
“Upper House”)
• 3) Recess Appointments
more Article II (Executive )
• section 3 - (more Presidential powers and
duties) - Communication w/Congress, call
special sessions of Congress, receive
ambassadors, EXECUTE federal laws, and
appoint federal officers
• Section 4 - Impeachment - No “treason,
bribery, or other ‘high crimes and
misdemeanors’.”
Article III - Judiciary
• section 1 - creates the Supreme Court (other
federal courts created by Congress); judges serve
for life
• section 2 - Jurisdiction
– 1) Federal court guidelines (restricted since the 11th
amendment)
– 2) most cases to Supreme Court by appeal (except for
ambassadors & other dignitaries)
– 3) Federal trials GUARANTEED to be Trial by Jury
Article III - Judiciary (last page!)
• section 3 - Treason - the only crime defined
in the Constitution
– 1) only in time of war and only a person who is
a US Citizen or resident alien
– 2) Congress sets punishment for treason, but
may NOT punish the FAMILY of a convicted
traitor
Article IV - Relations among the States
• sect. 1 - “Full Faith and Credit” - recognize
Nevada weddings/divorces (or do we?)
• sect. 2 - Privileges/Immunities
– 1) No - “We don’t want you ‘Okies’ here!”
– 2) Extradition - send the bad guys back
– 3) We abolished slavery (and this clause)!
more on Art. IV - Relations
• sect. 3 - New State Territories
– 1) The creation of new states (has been used 37 times!);
can’t take away from an existing state without
permission (Is W. Virginia a state?)
– 2) Congress alone deals with federal public lands and
territories
• sect. 4 - Protection Afforded to States by the
Nation - guarantee states’ republican government
and federal guarantees for protection from outside
and help against violence inside (when asked)
Article V - Amendments
• Two ways to PROPOSE to amend the
Constitution:
• 1) 2/3 vote in each house of Congress
• 2) at a National Convention called for by
2/3 of the state legislatures
• Two ways to RATIFY amendments:
• 1) 3/4 of the State Legislatures
• 2) 3/4 of the States in special Conventions
Article VI - Other Matters
• sect. 1 - Valid Debts - we will honor debts
incurred before this Constitution was in
force
• sect. 2 - SUPREMACY CLAUSE - Federal
law has power over state law
• sect. 3 - Officeholders must make their first
allegiance to the constitution. Freedom of
Religion! (sort of)
Article VII - When does this take effect?
• Ratification of the Constitution would take
effect when 9 of 13 states approve it (but
they really waited for Virginia and New
York - #10 and 11)