The preamble to the Constitution originally
listed the thirteen states when it was
written by the Committee on Detail on
August 6, 1787. It was changed by
Gouverneur Morris when he was tasked with
drafting the final copy of the Constitution.
He kept the phrase “We, the people’’ to
show that it was the people that were
creating a new government and that power
of government came from the people—an
idea from John Locke and originally echoed
in the Declaration of Independence. The
preamble sets out the purpose of the
Constitution. The National Government as
created under the Articles of
Confederation was so weak that it actually
created the economic and security
hardships the nation faced at that time.
There was no national court system, no way
for the national government to regulate
trade and no way to protect the citizens.
The purpose of the Constitution was to
create a form of Government that would fix
the problems created by the Articles of
Confederation. Gouverneur Morris listed
six areas of improvement so that the
preamble could be read this way:
PREAMBLE
PREAMBLE
We the People of the United States,
in Order to form a more perfect Union,
We the people of the United States make
this Constitution. The Articles of
Confederation did not work. We have 6
goals: We want to make a better
government.
We want to establish a national court
system.
establish Justice,
insure domestic Tranquility,
We do not want another Shay's rebellion.
We want the national government to have
the power to make sure we get along
peacefully.
provide for the common defence,
promote the general Welfare,
We want a national military to protect us
from enemies.
We want to improve the economy.
and secure the Blessings of Liberty
to ourselves and our Posterity,
We want to make sure we stay free now and
in the future.
do ordain and establish this Constitution for
the United States of America.
That is why we have made this Constitution.
ARTICLE I
ARTICLE I
§ Section 1
§ Section 1
The Legislative Branch
The Legislative Branch
All legislative Powers herein granted shall
be vested in a Congress of the United
States, which shall consist of a Senate and
House of Representatives.
Article I creates the new Legislative
branch. The legislative branch will have the
power to make laws. To legislate means to
make laws. The legislative branch will be
made up of two houses: The House of
Representatives and the Senate.
§ Section 2
§ Section 2
Clause 1: The House of Representatives
shall be composed of Members chosen
every second Year by the People of the
several States, and the Electors in each
State shall have the Qualifications requisite
for Electors of the most numerous Branch
of the State Legislature.
Clause 1: Section 2 of Article I deals with
the House of Representatives. Members of
the House of Representatives are elected
every 2 years. Anyone who can vote in a
state election can vote in the election for a
member of the House of Representatives.
Clause 2: No Person shall be a
Representative who shall not have attained
to the Age of twenty five Years, and been
Clause 2: To be in the House of
Representatives you must be at least 25
years old at the time sworn in. You must be
seven Years a Citizen of the United States,
and who shall not, when elected, be an
Inhabitant of that State in which he shall
be chosen.
a citizen of the United States for 7 years.
You must live in the state you represent.
Clause 3: Representatives and direct
Taxes shall be apportioned among the
several States which may be included within
this Union, according to their respective
Numbers, which shall be determined by
adding to the whole Number of free
Persons, including those bound to Service
for a Term of Years, and excluding Indians
not taxed, three fifths of all other Persons.
The actual Enumeration shall be made within
three Years after the first Meeting of the
Congress of the United States, and within
every subsequent Term of ten
Years, in such Manner as they shall by Law
direct. The Number of Representatives
shall not exceed one for every thirty
Thousand, but each State shall have at
Least one Representative; and until such
enumeration shall be made, the State of
New Hampshire shall be entitled to choose
three, Massachusetts eight, Rhode-Island
and Providence Plantations one, Connecticut
five, New-York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland
six, Virginia ten, North Carolina five, South
Carolina five, and Georgia three.
Clause 3: The number of representatives
that a state has in the House of
Representatives is based on that state's
population.
To count a state's population, the national
government takes a census every ten years.
As originally written, a state got one
representative for
every 30,000 persons. Today it is one
representative for about every 750,000
persons. Every state is guaranteed at least
one representative in the House of
Representatives. Until the first census was
taken, the states had the following
representation:
New Hampshire: 3
Massachusetts: 8
Rhode Island and Providence Plantations: 1
Connecticut: 5
New York: 6
New Jersey: 4
Pennsylvania: 8
Delaware: 1
Maryland: 6
Virginia: 10
North Carolina: 5
South Carolina: 5
Georgia: 3
This clause was changed by the 13th and
14th amendments. It contains the infamous
3/5 Compromise. Originally, for purposes of
determining a state's population the
national government would count all of the
free people in that state and 3/5 of all of
the slaves in that state. Native Americans
would not be counted. Today, we count
everybody and there is no slavery.
Clause 4: When vacancies happen in
the Representation from any State, the
Executive Authority thereof shall issue
Writs of Election to fill such Vacancies.
Clause 4. When a representative resigns or
dies in office, the Governor of that state
schedules a special election for that
district.
Clause 5: The House of Representatives
shall chuse their Speaker and other
Officers; and shall have the sole Power of
Impeachment.
Clause 5: The House of Representatives
elects the Speaker of the House to run the
House. The Speaker is from the Majority
party. The House also has sole power to
charge members of the Executive Branch
and Judicial Branch with a crime for the
purposes of removing them from office.
§ Section 3
§ Section 3
Clause 1: The Senate of the United
States shall be composed of two Senators
from each State, chosen by the Legislature
thereof, for six Years; and each Senator
shall have one Vote.
Clause 1: The Senate will have two senators
from each state. The legislatures of the
states will choose its senators for six years.
[See the 17th Amendment for a change in
this rule. Originally senators were appointed
by the state legislators. Today, because of
the 17th Amendment, we elect senators]
Each senator will have one vote.
Clause 2: Immediately after they shall
be assembled in Consequence of the first
Election, they shall be divided as equally as
may be into three Classes. The Seats of the
Senators of the first Class shall be vacated
at the Expiration of the second Year, of the
second Class at the Expiration of the fourth
Year, and of the third Class at the
Expiration of the sixth Year, so that one
third may be chosen every second Year; and
if Vacancies happen by Resignation, or
otherwise, during the Recess of the
Clause 2: The Framers did not want the
entire Senate to be subject to a complete
change every six years. They believed that
experience was necessary in the Senate to
deal with foreign affairs. They divided the
Senate into three classes so that only a
third of the Senate could change every two
years.
The first group of senators served just two
years.
The second group of senators will serve
Legislature of any State, the Executive
thereof may make temporary Appointments
until the next Meeting of the Legislature,
which shall then fill such Vacancies.
four years.
The third group of senators will serve six
years.
That way, in the future, every two years,
one third of all the senators would be
chosen. After that initial term, senators
were appointed for a term of six years.
If a senator resigns or dies, or is removed
from office, then the legislature of the
state may choose a new senator in his place.
If the legislature is not meeting at that
time,
the governor may appoint someone to be a
temporary senator. When the legislature
meets again, it will elect new senator. [See
the 17th Amendment for a change in this
rule. Today, if a senate seat becomes
vacant, the Governor of that state may
appoint a new senator.]
Clause 3: No Person shall be a Senator
who shall not have attained to the Age of
thirty Years, and been nine Years a Citizen
of the United States, and who shall not,
when elected, be an Inhabitant of that
State for which he shall be chosen.
Clause 3: A person must be at least 30
years old to be a senator. The person must
have been a citizen of the United States
for nine years. He must live in the state
where he is elected senator.
Clause 4: The Vice President of the United
States shall be President of the Senate, but
shall have no Vote, unless they be equally
divided.
Clause 4: The Vice President of the United
States runs the meetings of the Senate.
When the Vice President is running those
meetings he/she is called the President of
the Senate. The Vice President does not
vote unless there is a tie.
Clause 5: The Senate shall chuse their
other Officers, and also a President pro
tempore, in the Absence of the Vice
President, or when he shall exercise the
Office of President of the United States.
Clause 5: The Senate can make other
officers. They also appoint a senator to run
the Senate meetings when the Vice
President is not available. This senator is
known as the President pro tempore (for a
time). The President pro tempore is from
the majority party and is usually the most
senior senator of the majority party.
Clause 6: The Senate shall have the sole
Power to try all Impeachments. When
sitting for that Purpose, they shall be on
Oath or Affirmation. When the President of
the United States is tried, the Chief
Justice shall preside: And no Person shall be
convicted without the Concurrence of two
thirds of the Members present.
Clause 6: The House of Representatives
has sole power to impeach, that is, accuse a
member of the executive or judicial branch
of a crime. When that happens the trial is
held in the Senate and the Senate acts as
the jury. When Senators try impeachment
cases they take an oath or affirmation that
they will try the case fairly. When the
president is impeached, the Chief Justice
of the United States Supreme Court is the
judge of the trial. Two-thirds of the
Senators have to vote to convict to remove
from office.
Clause 7: Judgment in Cases of
Impeachment shall not extend further than
to removal from Office, and disqualification
to hold and enjoy any Office of honor,
Trust or Profit under the United States:
but the Party convicted shall nevertheless
be liable
and subject to Indictment, Trial, Judgment
and Punishment, according to Law.
Clause 7. When a person is convicted in an
impeachment trial in the Senate, the
punishment is removal from office and they
are disqualified from holding another
position in the government. They do not go
to jail. However they can be subject to
criminal charges in another court.
§ Section 4
§ Section 4
Clause 1: The Times, Places and Manner
of holding Elections for Senators and
Representatives, shall be prescribed in
each State by the Legislature thereof;
but the Congress may at any time by Law
make or alter such Regulations, except as to
the Places of chusing Senators.
Clause 1: Each state’s legislature will
decide where, when, and how to hold
elections for senators and representatives.
However, Congress can set the date for
federal elections. Today, elections are held
on the first Tuesday after the first Monday
in November.
Clause 2: The Congress shall assemble
at least once in every Year, and such
Meeting shall be on the first Monday
in December, unless they shall by Law
appoint a different Day. (Changed by the
20th Amendment)
Clause 2: Congress is required to meet at
least once per year. Originally this date was
the first Monday in December. This was
changed by the 20th amendment. Congress
is required to meet at noon on January 3rd.
§ Section 5
§ Section 5
Clause 1: Each House shall be the
Judge of the Elections, Returns and
Qualifications of its own Members, and
a Majority of each shall constitute a
Quorum to do Business; but a smaller
Number may adjourn from day to day,
and may be authorized to compel the
Attendance of absent Members, in such
Manner, and under such Penalties as each
House may provide.
Clause 1: The House of Representatives
has sole authority to determine if its
members are qualified and have been
properly elected. The Senate has the same
power regarding its members. In order to
conduct business each house needs a
quorum—that is, one more than half.
Members of the House and the Senate can
compel absent members to attend and can
set up penalties for those who don’t.
Clause 2: Each House may determine
the Rules of its Proceedings, punish its
Members for disorderly Behaviour, and,
with the Concurrence of two thirds, expel a
Member.
Clause 2: Members of the House and
members of the Senate cannot be
impeached. However, each house can punish
its members for bad behavior and on twothirds vote, expel a member.
Clause 3: Each House shall keep a
Journal of its Proceedings, and from time to
time publish the same, excepting such Parts
as may in their Judgment require Secrecy;
and the Yeas and Nays of the Members of
either House on any question shall, at the
Desire of one fifth of those Present, be
entered on the Journal.
Clause 3: Each house is required to keep a
written record or journal of its meetings
and they are required to publish that record
so that the public can see it. Today this
journal is called the Congressional Record.
Each house may keep certain parts of their
proceedings private, if in their judgment it
requires secrecy. If one fifth of the
members present at a meeting ask, the
votes of the members will be recorded in
the journal.
Clause 4: Neither House, during the
Session of Congress, shall, without the
Consent of the other, adjourn for more than
three days, nor to any other Place than that
in which the two Houses shall be sitting.
Clause 4: While Congress is in session, one
house may not take time off from work for
more than 3 days unless the other house
agrees. One house can’t change the place it
meets unless the other house agrees.
§ Section 6
§ Section 6
Clause 1: The Senators and
Representatives shall receive a
Compensation for their Services, to be
ascertained by Law, and paid out of the
Treasury of the United States. They shall in
all Cases, except Treason, Felony and
Breach of the Peace, be privileged from
Arrest during their Attendance at the
Session of their respective Houses, and in
going to and returning from the same; and
for any Speech or Debate in either House,
they shall not be questioned in any other
Place.
Clause 1: Senators and Representatives
get paid for their services by the United
States Government. Under the Articles of
Confederation, representatives to the
Confederation Congress were paid by the
states. Senators and Representatives
cannot be arrested for crimes while
Congress is in session or going to or
returning from Congress unless the crime
involves treason, a felony, or a breach of
the peace. They also cannot be punished
for anything they say on the floor of
Congress.
Clause 2: No Senator or Representative
shall, during the Time for which he was
elected, be appointed to any civil Office
under the Authority of the United States,
which shall have been created, or the
Emoluments whereof shall have been
encreased during such time; and no Person
holding any Office under the United States,
shall be a Member of either House during
his Continuance in Office.
Clause 2: Senators and representatives
may not hold any other job in the United
States Government while they are a
Senator or a representative.
§ Section 7.
§ Section 7.
Clause 1: All Bills for raising Revenue shall
originate in the House of Representatives;
but the Senate may propose or concur with
Amendments as on other Bills.
Clause 1: All bills creating or raising taxes
must start in the House of Representatives.
However the Senate may propose
amendments to such bills just like any other
bill.
Clause 2: Every Bill which shall have
passed the House of Representatives
and the Senate, shall, before it become
a Law, be presented to the President of
the United States; If he approve he shall
sign it, but if not he shall return it, with his
Objections to that House in which it shall
have originated, who shall enter the
Objections at large on their Journal, and
proceed to reconsider it. If after such
Reconsideration two thirds of that House
shall agree to pass the Bill, it shall be sent,
together with the Objections, to the other
House, by which it shall likewise be
reconsidered, and if approved by two thirds
of that House, it shall become a Law.
But in all such Cases the Votes of
both Houses shall be determined by
yeas and Nays, and the Names of the
Persons voting for and against the Bill
shall be entered on the Journal of each
House respectively. If any Bill shall not
be returned by the President within ten
Days (Sundays excepted) after it shall
have been presented to him, the Same
shall be a Law, in like Manner as if he had
signed it, unless the Congress by their
Adjournment prevent its Return, in which
Case it shall not be a Law.
Clause 2: Bills have to pass both houses in
order for them to become law. Once a bill
is passed by both houses it goes to the
president. The president ca do one of three
things:
1.
He/she can sign it. If the president
signs a bill it becomes law.
2. The president can veto the bill
(object to the bill). If the president
vetoes a bill, he returns it to the
house of Congress where it started
with his written objections. The
house must enter the president’s
objections in its journal. Congress
can override a president’s veto by a
two-thirds vote in each house.
3. The president can do nothing. The
president has ten days (not counting
Sundays) to sign a bill. If the bill is
not signed within that time it
automatically becomes a law, unless
Congress has adjourned within the
ten days and the president could not
return the bill. In that case the bill
is deemed vetoed. This is called the
“pocket veto”.
Clause 3: Every Order, Resolution, or
Vote to which the Concurrence of the
Senate and House of Representatives
may be necessary (except on a question
of Adjournment) shall be presented to the
President of the United States; and before
the Same shall take Effect, shall be
approved by him, or being disapproved by
him, shall be repassed by two thirds of the
Senate and House of Representatives,
according to the
Rules and Limitations prescribed in the Case
of a Bill.
Clause 3; The rules about bills also applies
to orders, resolutions or other kinds of
votes that need to be done by the Senate
and the House of Representatives together.
They must be signed by the president and if
not signed the president’s veto can be
overridden by a two thirds vote in each
house.
§ Section 8
§ Section 8
Section 8 of Article I outlines the powers
of Congress. Remember, under the Articles
of Confederation, the national government
did not have these powers.
Clause 1: The Congress shall have Power To
lay and collect Taxes, Duties, Imposts and
Excises, to pay the Debts and provide for
the common Defence and general Welfare
of the United States; but all Duties,
Imposts and Excises shall be uniform
throughout the United States;
Clause 1: This clause gives Congress the
power to tax, specifically to collect taxes on
imports and taxes on goods and services.
Tax rates need to be the same throughout
the United States. Congress also has the
power to pay debts.
Clause 2: To borrow Money on the
credit of the United States;
Clause 2: Congress has the power to
borrow money:
Clause 3: To regulate Commerce with
foreign Nations, and among the several
States, and with the Indian Tribes;
Clause 3: Congress has the power to
regulate trade with foreign nations and
between states. This sometimes called the
Interstate Commerce Clause.
Clause 4: To establish an uniform Rule
of Naturalization, and uniform Laws on
the subject of Bankruptcies throughout
the United States;
Clause 4: Congress has the power to set up
laws about immigrants who want to become
naturalized citizens and laws about
bankruptcies. These laws are the same
throughout the United States.
Clause 5: To coin Money, regulate the
Value thereof, and of foreign Coin, and fix
the Standard of Weights and Measures;
Clause 5: Congress has power to make
money, to set the value of money, and set
the standards for weights and measures.
Clause 6: To provide for the Punishment
of counterfeiting the Securities and
current Coin of the United States;
Clause 6: Congress has the power to make
counterfeiting a crime and to set the
punishment for counterfeiting.
Clause 7: To establish Post Offices and
post Roads;
Clause 7; Congress has the power to
establish post offices and postal routes.
Clause 8: 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;
Clause 8: Congress has the power to
promote science and the arts by giving
patents to inventors and copyrights to
authors so that they can make money from
their creations for a limited time.
Clause 9: To constitute Tribunals inferior
to the supreme Court;
Clause 9: Article III of the Constitution
establishes the United States Supreme
Court. This clause gives Congress the power
to create courts under the United States
Supreme Court as are necessary.
Clause 10: To define and punish Piracies and Clause 10: Congress has power set the
Felonies committed on the high Seas, and
punishment for piracy and crimes committed
Offences against the Law of Nations;
on the oceans against Americans and to set
the punishment for international crimes
against Americans.
Clause 11: To declare War, grant Letters
of Marque and Reprisal, and make Rules
concerning Captures on Land and Water;
Clause 11: Only Congress has power to
declare war. It also has power to grant
letters of Marque and Reprisal. In 1789,
navies were expensive. Countries could not
afford them. A letter of Marque was given
to a private ship owner authorizing them to
fight and capture enemy ships on behalf of
the United States. Congress had power to
hire these ships.
Clause 12: To raise and support Armies,
but no Appropriation of Money to that Use
shall be for a longer Term than two Years;
Clause 12: Congress has power to create
and pay for a national military. However,
the amount of money spent on the army
must be reviewed every two years.
Clause 13: To provide and maintain a Navy;
Clause 13: Congress has power to establish
and pay for a navy.
Clause 14: To make Rules for the
Government and Regulation of the land and
naval Forces;
Clause 14: Congress makes the rules and
regulations for the army and navy.
Clause 15: To provide for calling forth the
Militia to execute the Laws of the Union,
suppress Insurrections and repel Invasions;
Clause 15: At the time of the writing of
the Constitution, each state had its own
army, called a militia. Today there are no
state militias. Each state has a national
guard and a national guard reserve.
Congress has the power to take over each
state’s national guard in cases of
emergency.
Clause 16: To provide for organizing,
arming, and disciplining, the Militia, and for
governing such Part of them as may be
employed in the Service of the United
States, reserving to the States
respectively, the Appointment of the
Officers, and the Authority of training the
Militia according to the discipline
prescribed by Congress;
Clause 16: Congress has power to organize
and equip each state’s national guard.
States train their national guard according
to the rules established by Congress and
states get to appoint the officers of their
national guard.
Clause 17: To exercise exclusive
Legislation in all Cases whatsoever, over
such District (not exceeding ten Miles
square) as may, by Cession of particular
States, and the Acceptance of Congress,
become the Seat of the Government of the
Clause 17: This is the famous clause that
gave Congress the power to create a Capital
for the United States. It allowed Congress
to purchase a 10 square mile area from
Maryland and Virginia to create the District
of Columbia. Congress governs Washington
United States, and to exercise like
Authority over all Places purchased by the
Consent of the Legislature of the State in
which the Same shall be, for the Erection
of Forts, Magazines, Arsenals, dock-Yards,
and other needful Buildings;—And
DC. It is not part of any state. This clause
also gave Congress the power to purchase
land from the states when necessary to
create military bases and naval ports.
Clause 18: To make all Laws which shall be
necessary and proper for carrying into
Execution the foregoing Powers, and all
other Powers vested by this Constitution in
the Government of the United States, or in
any Department or Officer thereof.
Clause 18: This is probably one of the
most famous and controversial clauses in
the Constitution because it gives Congress
the power to do anything that is “necessary
and proper” to carry out the powers of
Congress and any other powers created by
the Constitution in the Federal Government.
It is sometimes called the Necessary and
Proper clause or the Elastic Clause, or
Sweeping Clause, or the Basket Clause or
the Coefficient clause because it expands
the power of Congress.
§ Section 9
§ Section 9
Section 8 of Article I in the Constitution
basically tells Congress what it can do.
Section 9 tells Congress what it can’t do.
Clause 1: The Migration or Importation of
such Persons as any of the States now
existing shall think proper to admit, shall
not be prohibited by the Congress prior to
the Year one thousand eight hundred and
eight, but a Tax or duty may be imposed on
such Importation, not exceeding ten dollars
for each Person.
Clause 1: This is the slave trade clause. It
gave Congress the power to ban slave
trading (importing slaves into the country).
It did not give Congress the power to ban
slavery in general and Congress could not
ban slave trading until 1808. However
Congress could tax the slave trade at $10
for every slave imported into the country.
Clause 2: The Privilege of the Writ of
Habeas Corpus shall not be suspended,
unless when in Cases of Rebellion or
Invasion the public Safety may require it.
Clause 2: Congress does not have power to
suspend the Writ of Habeas Corpus except
in cases of rebellion or when the United
States is invaded. A writ simply means a
court order. Habeas Corpus is a Latin
phrase that means “to have the body”.
When someone is arrested, they have the
right to be brought before a judge and have
an explanation as to why they are being
held. If that does not happen, they can ask
a judge for a court order (writ) requiring
the government to bring them before a
judge to explain why they are being held.
Clause 3: No Bill of Attainder or ex post
facto Law shall be passed.
Clause 3: Congress may not pass Bills of
Attainder or ex post facto laws. A Bill of
Attainder is a law that declares that a
specific person or group of persons is guilty
of a crime. An ex post facto law is a law
passed after the fact making something a
crime. You cannot be punished for
something that was not a crime at the time
the act was committed.
Clause 4: No Capitation, or other direct,
Tax shall be laid, unless in Proportion to the
Census or Enumeration herein before
directed to be taken. (Changed by the 16th
Amendment)
Clause 4: Congress was given power to tax
by section 8. However taxes had to be set
according the proportion of the population
of each state. This effectively prohibited
an income tax. This clause was changed by
the 16th Amendment which allows for income
taxes.
Clause 5: No Tax or Duty shall be laid on
articles exported from any State.
Clause 5: Congress is not allowed to tax
exports.
Clause 6: No Preference shall be given by
any Regulation of Commerce or Revenue to
the Ports of one State over those of
another: nor shall Vessels bound to, or from,
one State, be obliged to enter, clear, or pay
Duties in another.
Clause 6: Congress has to treat the ports
of the United States equally. Congress
cannot by regulation or tax favor one port
over another. Ships travelling between
states do not have to pay taxes to do so.
Clause 7: No Money shall be drawn
from the Treasury, but in Consequence of
Appropriations made by Law; and a regular
Statement and Account of the Receipts and
Clause 7: Congress cannot spend money or
draw money from the U.S. Treasury unless
Congress passes a law to do so. The United
States Government is required to make a
Expenditures of all public Money shall be
published from time to time.
public accounting of all money spent.
Clause 8: No Title of Nobility shall be
granted by the United States: And no
Person holding any Office of Profit or Trust
under them, shall, without the Consent of
the Congress, accept of any present,
Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign
State.
Clause 8: Congress has no power to grant
titles of nobility and no person who works
for the United States Government may
accept a gift, payment, office or title from
a foreign nation without the permission of
Congress.
§ Section 10.
§ Section 10.
Section 10 sets forth what states are not
allowed to do.
Clause 1: No State shall enter into any
Treaty, Alliance, or Confederation; grant
Letters of Marque and Reprisal; coin Money;
emit Bills of Credit; make any Thing but gold
and silver Coin a Tender in Payment of
Debts; pass any Bill of Attainder, ex post
facto Law, or Law impairing the Obligation
of Contracts, or grant any Title of Nobility
Clause 1: States are not allowed to:
a.
enter into treaties
b. Issue letters of Marque and Reprisal
c. make money
d. issue their own bonds for credit
e. Make silver or gold coins except to pay
debts
f. Pass a Bill of Attainder
g. Pass an ex post facto law
h. pass a law that affects contracts already
in existence
i. grant a title of nobility
Clause 2: No State shall, without the
Consent of the Congress, lay any Imposts or
Duties on Imports or Exports, except what
may be absolutely necessary for executing
it’s inspection Laws: and the net Produce of
all Duties and Imposts, laid by any State on
Imports or Exports, shall be for the Use of
the Treasury of the United States; and all
such Laws shall be subject to the Revision
and Controul of the Congress.
Clause 2; States are not allowed to do the
following unless they have permission of
Congress:
a. Tax any imports or exports
b. except as necessary for that state’s
inspection laws
c. and any such taxes collected go to the
treasury of the United States.
Clause 3: No State shall, without the
Consent of Congress, lay any Duty of
Tonnage, keep Troops, or Ships of War in
time of Peace, enter into any Agreement or
Compact with another State, or with a
foreign Power, or engage in War, unless
actually invaded, or in such imminent Danger
as will not admit of delay.
Clause 3; States are not allowed to do the
following unless they have permission of
Congress:
a. keep troops or a navy in time of peace
b. make alliances with another state or
foreign country
c. go to war unless the state is actually
invaded or about to be.
Article II
Article II
§ Section I.
§ Section I.
Clause 1: The executive Power shall be
vested in a President of the United States
of America. He shall hold his Office during
the Term of four Years, and, together with
the Vice President, chosen for the same
Term, be elected, as follows
Clause 1: Article II creates the executive
branch and puts all executive power in the
President. The president is elected for a
term of 4 years together with a Vice
President also for 4 years.
Clause 2: Each State shall appoint, in
such Manner as the Legislature thereof may
direct, a Number of Electors, equal to the
whole Number of Senators and
Representatives to which the State may be
entitled in the Congress: but no Senator or
Representative, or Person holding an Office
of Trust or Profit under the United States,
shall be appointed an Elector.
Clause 2: Clause 2 establishes the Electoral
College. Each state is entitled to a number
of Electors equal to the number of
Representatives that state has in the House
of Representatives plus the number of
Senators that state has (2). Each state can
establish the manner in which electors are
chosen for the Electoral College, however no
current Senator or Representative or any
other federal government official may be an
elector in the Electoral College.
Clause 3: The Electors shall meet in their
respective States, and vote by Ballot for
two Persons, of whom one at least shall not
be an Inhabitant of the same State with
themselves. And they shall make a List of all
the Persons voted for, and of the Number
of Votes for each; which List they shall sign
Clause 3: This clause was substantially
changed by the 12th amendment after the
disastrous presidential election of 1800. As
originally envisioned Electors would meet in
each state and each elector would vote for
two persons, at least one of whom would not
be a resident of that state. The votes
and certify, and transmit sealed to the Seat
of the Government of the United States,
directed to the President of the Senate.
The President of the Senate shall, in the
Presence of the Senate and House of
Representatives, open all the Certificates,
and the Votes shall then be counted. The
Person having the greatest Number of
Votes shall be the President, if such
Number be a Majority of the whole Number
of Electors appointed; and if there be more
than
one who have such Majority, and have an
equal Number of Votes, then the House of
Representatives shall immediately chuse by
Ballot one of them for President; and if no
Person have a Majority, then from the five
highest on the List the said House shall in
like
Manner chuse the President. But in chusing
the President, the Votes shall be taken by
States, the Representation from each State
having one Vote; A quorum for this Purpose
shall consist of a Member or Members from
two thirds of the States, and a Majority of
all the States shall be necessary to a
Choice.
In every Case, after the Choice of the
President, the Person having the greatest
Number of Votes of the Electors shall be
the Vice President. But if there should
remain two or more who have equal Votes,
the Senate shall chuse from them by Ballot
the Vice President. (Changed by the 12th
Amendment)
would be sent to the President of the
Senate. The President of the Senate would
open the votes in the presence of the
Senate and the House of Representatives.
The person getting the most votes would be
president provided the person named as
president got a majority of the votes.
Clause 4: The Congress may determine
the Time of chusing the Electors, and the
Day on which they shall give their Votes;
which Day shall be the same throughout the
United States.
Clause 4: Congress has the power to set
the date that Electors in the Electoral
College must meet to cast their votes. That
date is the same throughout the United
States. Currently, that meeting day is the
If there was tie for the President then the
House of Representatives decides who
becomes president. In that case each state
gets one vote in the House of
Representatives. Two-thirds of the states
are needed to conduct the vote and whoever
gets a majority of the votes is President.
If no one gets a majority of the electoral
votes then the House of Representatives
decides who becomes President. In that
case, the House chooses from among the
top five vote getters. Each state gets one
vote in the House of Representatives. Twothirds of the states are needed to conduct
the vote and whoever gets a majority of the
votes is President.
In every case, the person getting the
second most votes in the electoral college
or the House of Representatives becomes
Vice President. If there is a tie for the
Vice President then the Senate chooses the
Vice president. This process has been
changed by the 12th amendment.
first Monday after the second Wednesday
in December.
Clause 5: No Person except a natural
born Citizen, or a Citizen of the United
States, at the time of the Adoption of this
Constitution, shall be eligible to the Office
of President; neither shall any Person be
eligible to that Office who shall not have
attained to the Age of thirty five Years,
and been fourteen Years a Resident within
the United States.
Clause 5: This clause sets forth the
requirements to be President. It contains
the
often
misunderstood
Citizenship
requirement. Despite what most Americans
belief, a person does NOT have to be born
in the United States to be President. A
person only has to be a “natural born
citizen” or a citizen at the time the
Constitution was adopted. Congress has
defined a “natural born citizen” as one who
by virtue of their birth is an American
citizen. Children born to American citizens
are natural born citizens no matter where
the birth takes place.
To be president one must also be 35 years
old and must have lived in the United States
for 14 years.
Clause 6: In Case of the Removal of the
President from Office, or of his Death,
Resignation, or Inability to discharge the
Powers and Duties of the said Office, the
Same shall devolve on the Vice President,
and the Congress may by Law provide for
the Case of Removal, Death, Resignation or
Inability, both of the President and Vice
President, declaring what Officer shall then
act as President, and such Officer shall act
accordingly, until the Disability be removed,
or a President shall be elected.
Clause 6: In the event the president dies,
resigns, is unable to act as president, or is
removed then the Vice President shall act
as president. If both the president and
Vice President die, resign, are unable or, are
removed, then Congress can provide by law
who takes over until the disability is
removed or a new president is elected. This
is known as the Presidential Succession Act
and there have been several versions in our
history.
Clause 7: The President shall, at
stated Times, receive for his Services, a
Compensation, which shall neither be
encreased nor diminished during the Period
for which he shall have been elected, and he
shall not receive within that Period any
other Emolument from the United States,
Clause 7: The president is paid a salary
that cannot be raised or reduced while
president. The president is not allowed to
receive any other compensation from the
United States or any of the states.
or any of them.
Clause 8: Before he enter on the
Execution of his Office, he shall take
the following 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.”
Clause 8: The president is required to take
an oath before starting his job. The oath
states as follows:
”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.”
Most Presidents add “…so help me God,”
when they take this oath.
§ Section 2.
§ Section 2.
Clause 1: The President shall be
Commander in Chief of the Army and Navy
of the United States, and of the Militia of
the several States, when called into the
actual Service of the United States; he may
require the Opinion, in writing, of the
principal Officer in each of the executive
Departments, upon any Subject relating to
the Duties of their respective Offices, and
he shall have Power to grant Reprieves and
Pardons for Offences against the United
States, except in Cases of Impeachment.
Clause 1: Section 2 sets forth the
President’s powers. The President is the
Commander–in-Chief of the Armed Forces
of the Unites States. The President can
require the written opinion of the head of
any of the cabinet Departments.
The
President also has power to grant pardons
to persons in jail for crimes against the
United States. He cannot grant a pardon in
the case of impeachment.
Clause 2: He shall have Power, by and
with the Advice and Consent of the Senate,
to make Treaties, provided two thirds of
the Senators present concur; and he shall
nominate, and by and with the Advice and
Consent of the Senate, shall appoint
Ambassadors, other public Ministers and
Consuls, Judges of the supreme Court, and
all other Officers of the United States,
whose Appointments are not herein
otherwise provided for, and which shall be
Clause 2: The president has power to enter
into treaties with the advice and consent of
the Senate. Treaties require a two-thirds
approval by the Senate. The president can
also appoint Ambassadors, Consuls, Judges,
and Cabinet heads with the advice and
consent of the Senate.
Congress can by law give the president the
power to appoint lesser officials alone
without the consent of the Senate.
established by Law: but the Congress may
by Law vest the Appointment of such
inferior Officers, as they think proper, in
the President alone, in the Courts of Law, or
in the Heads of Departments.
Clause 3: The President shall have Power to
fill up all Vacancies that may happen during
the Recess of the Senate, by granting
Commissions which shall expire at the End
of their next Session.
Clause 3: If the Senate is not in session so
that the president cannot get the advice
and consent of the Senate, then the
President can fill any vacancy that happens
during that time. Such an appointment lasts
only to the end of the next Senate session.
These are known as recess appointments.
§ Section 3.
§ Section 3.
He shall from time to time give to the
Congress Information of the State of the
Union, and recommend to their
Consideration such Measures as he shall
judge necessary and expedient; he may, on
extraordinary Occasions, convene both
Houses, or either of them, and in Case of
Disagreement between them, with Respect
to the Time of Adjournment, he may
adjourn them to such Time as he shall think
proper; he shall receive Ambassadors and
other public Ministers; he shall take Care
that the Laws be faithfully executed, and
shall Commission all the Officers of the
United States.
Every year the president is required to give
a
report
to
the
Congress
with
recommendations for laws and actions to be
passed. This report is known as the State
of the Union. In modern times this is a
speech that the president delivers to
Congress. However, there is no requirement
that the president actually give a speech.
The president can also call Congress into
session during emergencies and can schedule
adjournments when the two houses cannot
agree on time of adjournment.
The president also meets with foreign
ambassadors and representatives.
He is required to make sure the laws of the
United States are faithfully carried out and
the president commissions all officers of
the United States.
§ Section 4.
§ Section 4.
The President, Vice President and all
The president, the vice president, and any
civil Officers of the United States, shall be
removed from Office on Impeachment for,
and Conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors.
other civil officer of the United States can
be removed from office through the
impeachment process. They can be removed
only if found guilty of Treason, Bribery or
other high crimes and misdemeanors.
ARTICLE III
ARTICLE III
§ Section 1.
§ Section 1.
The judicial Power of the United States,
shall be vested in one supreme Court, and in
such inferior Courts as the Congress may
from time to time ordain and establish. The
Judges, both of the supreme and inferior
Courts, shall hold their Offices during good
Behaviour, and shall, at stated Times,
receive for their Services, a Compensation,
which shall not be diminished during their
Continuance in Office.
Article III in section1 creates the United
States Supreme Court. All judicial power is
vested in the Supreme Court. Congress has
the power to create lower courts as needed.
All federal judges are appointed for life and
their salary cannot be reduced while in
office.
§ Section 2
§ Section 2
Clause 1: The judicial Power shall
extend to all Cases, in Law and Equity,
arising under this Constitution, the Laws of
the United States, and Treaties made, or
which shall be made, under their
Authority;—to all Cases affecting
Ambassadors, other public Ministers and
Consuls;—to all Cases of admiralty and
maritime Jurisdiction;—to Controversies
to which the United States shall be a
Party;—to Controversies between two
or more States;—between a State and
Citizens of another State;—between
Citizens of different States, between
Citizens of the same State claiming Lands
under Grants of different States, and
between a State, or the Citizens thereof,
and foreign States, Citizens or Subjects.
(See Amendment 11)
Clause 1: Section 2 establishes the
jurisdiction of the Federal Courts. The
United States Supreme Court has power to
decide the following types of cases:
1. All cases about the Constitution
2. All cases about the laws of the United
States
3. All treaties entered into by the United
States
4. All cases about Ambassadors, Ministers
and Consuls
5. All cases about admiralty or maritime law
6. All cases in which the United States is a
party
7. All cases between two or more states
8. All cases between citizens of different
states
9. All cases between citizens of the same
state claiming title to the same land
granted by different states
10. All cases between a state or its citizens
and a foreign country or its citizens.
11. As originally enacted the federal courts
also had power to decide cases between a
State and citizens of another state or
country, but his power was taken away by
the 11th amendment.
Clause 2: In all Cases affecting
Ambassadors, other public Ministers
and Consuls, and those in which a State
shall be Party, the supreme Court shall
have original Jurisdiction. In all the other
Cases before mentioned, the supreme Court
shall have appellate Jurisdiction, both as to
Law and Fact, with such Exceptions, and
under such Regulations as the Congress shall
make.
Clause 2: In all cases about ambassador or
those in which a state is a party, the United
States Supreme Court has original
jurisdiction. In other words, the trial takes
place in the Supreme Court. This happens
rarely. In all other cases the United States
Supreme Court has appellate jurisdiction.
Clause 3: The Trial of all Crimes, except in
Cases of Impeachment, shall be by Jury;
and such Trial shall be held in the State
where the said Crimes shall have been
committed; but when not committed within
any State, the Trial shall be at such Place or
Places as the Congress may by Law have
directed.
Clause 3: The trial of all crimes shall take
place in the state where the crime was
committed,
except
for
cases
of
impeachment.
If the crime was not
committed in a state the trial will take place
at a place designated by Congress.
§ Section 3:
§ Section 3:
Clause 1: Treason against the United
States, shall consist only in levying War
against them, or in adhering to their
Enemies, giving them Aid and Comfort. No
Person shall be convicted of Treason unless
on the Testimony of two Witnesses to the
same overt Act, or on Confession in open
Court.
Clause 1: Treason is the only crime defined
in the Constitution. It is defined as making
war against the United States or giving aid
or support to the enemies of the United
States. No person can be convicted of
treason without the testimony of two
witnesses to the treason or unless there is
a confession in open court.
Clause 2: The Congress shall have Power
to declare the Punishment of Treason,
but no Attainder of Treason shall work
Corruption of Blood, or Forfeiture except
during the Life of the Person attainted.
Article IV
§ Section I.
Full Faith and Credit shall be given in
each State to the public Acts, Records, and
judicial Proceedings of every other State.
And the Congress may by general Laws
prescribe the Manner in which such Acts,
Records and Proceedings shall be proved,
and the Effect thereof.
Clause 2: Congress has the power to create
the punishments for treason.
However
Congress cannot pass a law declaring a
specific person guilty of treason (no Bill of
Attainder). No such punishment can be
imposed on the heirs of the guilty party and
no property can be taken from a guilty party
except during their lifetime.