APT – English Legal Terminology
2008/2009 Academic Year
Prof. Robert Turk
University of Ljubljana School of Law
----------------------------------------------------------------------------------------------------------------US Constitution:Guide 2008/2009-APT-File-2-USConstGuide (Rvsd:15Jan09) Page 1 of 4
This 'Guide to US Constitution' focuses only on the 'Articles' and 'Amendments' required for the Test.
For the Public Law Test, only the first 3 Articles, and Amendments 1-10, 13-15 are required reading.
Here (below) is some basic information about the US Constitution, its ratification, and its structure.
The United States Constitution is a helpful 'tool' to achieve our goal of understanding the practical use
of 'legal language' by various 'actors' / 'institutions' and their constitutional powers, rights, and duties.
The US Constitution was drafted in Philadelphia by James Madison and others in the summer of 1787,
'in order to form a more perfect union' among the 13 former British colonies (than they had during the
years under the 'Articles of Confederation', 1781-1789, which lacked strong centralized federal powers.)
1788 The Constitution became 'effective' ('took effect') for all ratifying states, when the ninth state, as
required by Article VII, 'ratified' the Constitution.
1789 The 'First Congress' under the new US Constitution convened ('met') in New York City, and
about two months later, George Washington took the oath of office', inaugurated as first US President.
In Feburary 1790, nine months after that, the US Supeme Court convened ('met') for the first time.
The US Constitution consists of seven 'Articles', and twenty-seven 'Amendments' (which changed
some language in the original text of the seven articles and also in some earlier amendments). Whether
those amendments came soon after ratification of the original seven articles (such as the 'Bill of Rights'
in 1791) or many years later (such as twelve amendments ratified in the Twentieth Century), language
in the amendments should not be treated as any less important language of the Constitution, merely
because they were added later (changing either some 'original language' or even some later language,
as in the case of the 21st Amendment repealing (making 'void') the language of the 19th Amendment).
Article One
Article Two
Article Three
Article Four
Article Five
Article Six
or I
or II
or III
or IV
or V
or VI
Legislative powers;
Executive powers;
Judicial powers;
Relations among the States; between the 'Federal Government' and States;
Procedure for amending this Constitution;
Debts under former 'Articles of Confederation' & present 'US Constitution';
'Supreme law of the land'; Oaths/affirmations/religious tests;
Article Seven or VII Procedure for ratifying this Constitution; when it becomes 'effective'.
Some abbreviations (short forms) used in the Guide (below):
There are 435 Representatives = R's
in the House of Representatives = HR
There are 100 Senators = S's
in the Senate = $
Each Senator = S
has one vote in the Senate = $
Compare:
$ = Senate,
To be elected, the US President = P
and US Vice President = VP
must get a majority (270 +)
of 538 Presidential Electors = PE's
S = Senator,
The US Supreme Court = SCotUS
has one Chief Justice = CJ
and 8 Associate Justices = AJ's
S's = Senators
Other helpful abbreviations include:
'aka' = also known as
# = number
'Gov't' = government (all three branches, etc.)
© 2001, 2009 Robert Turk
-
Page 2 of 4 - US Constitution:Guide (Rvsd:15Jan09)
ARTICLE ONE: I
ARTICLE TWO: II
ARTICLE THREE: III
§1: ''All LEGISLATIVE powers''
in a Congress of the US:
(which is a 'bi-cameral legislature'
=a body having 2 rooms or
chambers, such as:)
--'House of Representatives'['HR']
and
--'Senate' ['$'].
§2 'The House'['HR'] has 435 'R's'=
'Representatives'{aka}'Members'
[100% of HR elected every 2 years
by 'direct popular election', each
R in separate congressional district.
§1: ''The EXECUTIVE power'' in a
President [ P ][ = 'Chief Executive']
[with Vice President [ VP ] [see A1§3]
§1: ''The JUDICIAL power'' in one
Supeme Court of the US [SCotUS]
-Chief Justice [CJ] [ see A1§3],
-[with 8 'Associate Justices' ]
(Small states have 1 R; largest: 53 R's.)
Here: 'electors' qualifications' refers to:
Who can vote for R in HR? The same
voters who can elect 'state legislature' ]
-----------------------------------------------------
Qualifications to be a 'R in HR':
-age 25+ with 7 years as US citizen,
live (inhabit) in State where elected.
-----------------------------------------------------
'Representatives shall be …
apportioned (=divided) among states
according to numbers (=population);
enumeration (= census = counting
of all people in each state of US).
----------------------------------------------------HR vacancies filled by new election
ordered by State's executive (governor)
----------------------------------------------------
HR chooses its 'Speaker of the H'
& (Majority / Minority) Leaders.
Only HR has impeachment power
(= 'sole power' to 'charge/accuse';
Whom? 'Article II & III officials'.)
§3 Senate [$] has 100 Senators [ S ]
( 2 Senators from each of 50 states)
[33% of $ elected each 2 years, now
by direct popular election, but
originally by each State legislature]
-----------------------------------------------------
Qualifications to be a S in the $:
-age 30+ with 9 years as US citizen,
live (inhabit) in State where elected.
and a 'Cabinet' = inner circle of advisors
called 'Secretaries', not Ministers; e.g.
]
['Administration' = includes P,VP,
Cabinet, plus lower officials, etc.]
Secretary of State, Attorney General, etc.
[ Explanation of 'Electoral College':
Each state has a certain number (#) of
presidential electors [PE's] selected
every 4 years to choose 'P' & 'VP'.
P & VP must get a majority (270+) of
the total number of 538 PE's in the
50 states + District of Columbia (DC)
using a ' Winner takes ALL' system.
To calculate any state's number (#) of
PE, use the formula:
# of PE = # of R + 2 S
Example:
3 = 1 +2
Explanation: States with a small population
have 1 R and 2 S in Congress, and so 3 PE.
Any presidential candidate who wins most
of a State's popular vote (votes of people),
even by a very small margin of victory, still
wins ALL of that state's presidential electors
under the rule 'Winner takes All ' PE's. ]
-----------------------------------------------------
Eligibility (qualifications) to be P:
*'natural born citizen' (=since birth),
age 35 +, 14 years resident within US.
-----------------------------------------In cases of P's
-removal from office,
-death
-resignation
-(or possible inability to discharge
presidential powers and duties…)
THEN…VP becomes P
(Original Article II language
changed by 25th Amendment.
-----------------------------------------------------
----------------------------------------------------
VP has title 'President of the $' but
has NO vote unless $ equally divided;
$ chooses other $ officers including
'P pro tempore' when VP absent,
& $ Majority / Minority Leaders.
-----------------------------------------------------
'Sole' power to 'try' impeachment =
Only $ can 'put on trial' impeached
Art. II & III officers; conviction by
2/3 vote of S present. Consequences:
removal, disqualification from offices,
possible criminal liability, indictment, etc.
© 2001, 2009 Robert Turk
[ Interpreting the meaning of the
last four words (underlined below)
continues to cause vigorous debate
among constitutional law scholars.]
{Art.II §4:
P, VP, other civil officers
shall be removed from office
'on impeachment for [ by the H ]
and conviction of
[ by the S ]
treason, bribery, or other
high crimes and misdemeanors'
-'and such inferior courts as Congress
may…establish'':
[ such as:
Federal Courts of Appeal (13 circuits)
Federal District (trial) Courts ]
[= 'federal judiciary' (a so-called
'collective noun' meaning
ALL federal judges above who
work at any of the 3 court levels
(District, Circuit, or Supreme).
[ ALL federal judges (no matter at
what court level they serve)
hold their offices as judges for life,
but only…]
'during good behavior'
[ These last three words are also
subject to interpretation and debate]
Page 3 of 4 - US Constitution:Guide (Rvsd:15Jan09)
ARTICLE ONE: I
ARTICLE TWO: II
§ 4 Time/manner of elections to
HR / S to be decided by each State
but Congress may alter such law.
§ 5 Each of 2 'houses' can 'judge its
own elections / qualifications.
A majority of each house = quorum.
Each house determines its own rules &
punishments, including by 2/3 vote to
'expel' (=remove) 'a H or $ member'.
[HR / $ can also 'censure' (=condemn)
wrong acts of its members. ]
Congressional Journal records
'Yeas & Nays' of HR / $ members.
§ 6 R's & S's receive 'compensation'.
Each has absolute privilege from arrest
going to/from, at, each house's session,
(except treason, felony, etc. cases).
Privilege regarding speech/debate BUT
only IN each house or IN Cong.Journal.
R's and S cannot hold other federal
offices/positions.
§ 7 All revenue (=income) bills must
originate(=start) in HR; $ may amend.
[ How a bill becomes a law = statute :
After 'passage' in both chambers
(with a majority vote in both H & $)
a bill then signed by P becomes law,
But if P vetoes such bill, Congress
has power to override a veto with
a vote of 2/3 of each chamber.
Other orders, resolutions, votes.
§ 8 POWERS of Congress include:
To lay & collect taxes, customs duties, etc.
To regulate commerce with other nations &
among the 50 US states = commerce clause
To establish uniform law of naturalization
(=process of becoming a US citizen);
To promote …Science & Arts by securing
intellectual property rights (copyrights,etc)
To establish tribunals/courts 'inferior to…'
(=below the SCotUS)
To declare war
To raise armies / to provide navy
To exercise exclusive legislation over D.C.
(=seat of federal government);
To make all laws necessary & proper for
carrying into execution all powers, above.
___________________________________
§ 9 Writ of Habeas Corpus shall not…
No bill of attainder (=legislative conviction)
No ex post facto law (=made after the fact)
No titles of nobility by US, etc.
§ 10 Various prohibitions/limits on
states regarding powers of Congress.
© 2001, 2009 Robert Turk
§1 (continued)
P receives compensation, not to be
increased/diminished (=decreased)
during P's term of office,
BUT no other emolument (=profit)
may be received from US
or from any of the 50 states.
Presidential 'Oath of Office' :
''to faithfuly execute …''
§ 2 P = 'Commander-in-Chief '
of US Army &Navy / state 'militia'
(=states' national guard troops when…)
Other POWERS of P include:
To require Cabinet advice/opinion;
To grant reprieves & pardons
(except in impeachment cases);
By/With Advice & Consent of $:
To make a treaty (But only if 2/3 of $ also
votes to ratify (ratification of a treaty);
To nominate certain officials (such as ALL
federal judges/justices, US ambassadors,
Cabinet Secretaries, some other officials)
But only if majority of $ votes to confirm
P's nominee after $ confirmation hearings.
[ BUT P may also have the 'sole power'
(alone) to 'appoint' many other officials
without nomination and $ confirmation .
Use the word 'to appoint / appointment' for
only those situations where P has full power
alone to put his own choice of appointee in
a position or office, without $ confirmation.
Also: See 'recess appointments'.
[when $ 'not in session' =not meeting. ]
____________________________
§ 3 P's 'State of the Union'
(='status or condition of US')
speech or 'presidential address'
to Congress and nation, proposes
his Administration's agenda.
Other duties of P, including:
To …take care that the laws
be faithfully executed.'
ARTICLE THREE: III
[ In Marbury v. Madison (1803), a
landmark case, Chief Justice John
Marshal interpreted 'Article Three'
as empowering SCotUS to 'review',
& declare as 'unconstitutional/ void'
an act / law (e.g. legislation/statute)
previously enacted by the Congress.
This is the so-called 'power of
Judicial Review',
A very significant 'judicial power'
which is not expressly written in
the language of 'Article Three' .]
-----------------------------------------§1 (continued)
''and … shall receive for their
services, a compensation, which
shall not be diminished (=reduced)
during their coninuance in office.''
§ 2 The Judicial POWER extends
to ALL cases, in Law and Equity,
arising under this Constitution,
& law of US (statutes/orders/cases)
& treaties (made under above authority) :
To all cases affecting Ambassadors,
other public ministers, consuls;
To all cases: admiralty/maritime juris.;
To controversies with US as a party;
To controversies between 2 (+) states;
[* note: changed/deleted by amendment.]
' Between Citizens of different states '
('diversity of citizenship' jurisdiction
can give you right to go to a federal court)
[* note: changed/deleted by amendment.]
----------------------------------------------------Compare Original versus Appellate
Jurisdiction of SCotUS.
-----------------------------------------------------
Trial of ALL crimes by jury
(except in cases of impeachment),
held in state where crime committed,
otherwise as Congress may direct.
_______________________________
§ 3 Treason = 'levying war or
adhering to enemies'
But 'No conviction unless…'
Congress is empowered 'to declare
punishment of treason, but NO …'
(Forfeiture =lost due to a penalty)
(loss by traitor, not by his inheritors).
US Constitution: Guide to Terminology in Amendments (Rvsd:15Jan09) Page 4 of 4.
Amendment Year
Number:
Ratified: Description of Amendment:
.
The 'Bill of Rights' (= 'First Ten Amendments'):
1st
1791
Religion; freedoms of speech, press , assembly, and to petition.
(No 'establishment' of, nor prohibiting 'free excercise' of, religion.)
2nd
1791
Right to bear firearms (by state militias only ? or also private gun ownership ?).
3rd
1791
Quartering of soldiers in peace/war (= providing quarters/housing…for soldiers)
4th
1791
Rights regarding unreasonable 'searches & seizures' of property.
5th
1791
Rights regarding …:
-presentment / indictment (interpreted as limiting only 'federal gov't, not states');
-no 'double jeopardy',
-no 'self-incrimination';
-no deprivations of 'life, liberty, or property
without due process of law';
-no 'takings' of property by any government unless it pays 'just compensation'.
(Understand this in the context that all States/governments everywhere retain power of 'eminent domain': to
'take' any 'private property for public use, 'such as 'taking your private land to build a new highway/autocesta)';
here, property rights are being protected by the requirement that Federal/state authorities must pay 'fair value').
6th
1791
Rights in 'criminal prosecutions', including:
-'speedy, public trial, by impartial jury…;
-informing defendant about 'nature/cause of accusation';
-'confrontation (to come 'face-to-face…) with adversary witnesses';
-'compulsory process of defense witnesses (requiring their presence at trial);
-'assistance of legal counsel' (lawyer) to prepare a defense.
7th
1791
Rights regarding civil 'jury trials';
8th
1791
Rights prohibiting excessive bail / fines, 'cruel and unusual punishments';
9th
1791
Enumeration (the 'listing' of certain rights here) in the 'Bill of Rights' shall not be
interpreted to ''deny/disparage'' any other rights which ''the people retain''.
10th
1791
Reservation to the 'States' and to the 'People' of those rights which have not been
expressly ''delegated/prohibited'' by this Constitution.
----- - - - - - - - - - - - - - - - - - - - - - 11th
1798
'Construction of' (= 'how to interpret') the words 'judicial power' (in Art. III);
12th
1804
Changes in the process of electing the President and Vice-President.
----- - - - - - - - - - - - - - - - - - - - - - The so-called 'Civil War Amendments' (Proposed / ratified after the 'War Between the States' 1861-1865):
13th
1865
Prohibition against slavery and 'involuntary servitude'.
14th
1868
No state shall abridge 'privileges and immunities' of US citizens;
nor deprive…'of life, liberty, or property, without due process of law';
nor deny… 'equal protection of the laws'.
15th
1870
No denial/abridgement of 'voting rights' due to race, color, prior servitude.
----- - - - - - - - - - - - - - - - - - - - - - © 2001, 2009 Robert Turk