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
6 Principles
The Constitution
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
Constitution
Powers and Duties of Congress
Section 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
Constitution
Power 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
Constitution
Powers and Duties of Congress
Section 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)
Constitution
Power 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
Article VII
Pennsylvania - December 12, 1787
- 9 of 13 states must ratify
for adoption of Con.
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
- became effective June of
1788