Chapter 5
US Constitution
A Very Brief Overview
Article I
Legislative Powers and Congress
 Section 1: All legislative Powers belong to
Congress of the United States: Senate and House
of Representatives.
 Section 2: House Elected every 2 years by the
people in the States
 Qualifications. Must be 25 years old; citizen for 7
years; live in the state.
 There are currently 435 members of the House.
Census To Determine Who
Representatives Represent
 Every 10 years the House will figure out the
number and distribution of Reps based on the
census.
 Every state, regardless of population, must have at
least one representative.
 Every state determines the boundaries of the
districts.
Exclusive Powers Of The House
 Impeachment.
 Power to initiate revenue bills
Section 3. Senate
 TERM: Serve for 6 years
 Two per state (Each have one vote)
 Elected by the people in the state (17th
Amendment, ratified 1913)
Senate Qualifications
 Must be
 30 years old;
 9 years a citizen and
 live in the state the person represent
President of the Senate
 Vice President is President of the Senate.
 Does not vote unless a tie.
 Does NOT run the Senate
 Majority Leader runs the Senate
Impeachment
 Senate has sole Power to try all Impeachments
 Impeachment Procedure in the Senate:

After the House has impeached, the Senate must
conduct a trial.

When the President of the United States is tried, the
Chief Justice of the United States presides

Senate can only convict by a two-thirds vote of the
members present.
Section 4. The Election of Congress
 EACH STATE LEGISLATURE determines the
Times, Places and Manner of holding Elections for
Reps and Senators
 CONGRESS: May change the time and manner,
but may not change the places.
 EACH CHAMBER determines
 Who wins the election and
 Qualifications (beyond what is in the
constitution [e.g., age]).
Bill To Law Procedure
 PASS: Must pass both chambers and sent to
President;
 SIGN: If President approves, s/he signs it into law;
 VETO: If President does not approve, it is vetoed
and returned to Congress for reconsideration.
 OVERRIDE VETO: If both chambers vote by 2/3rd
majority, the vetoed bill becomes law.
Bill To Law Procedure
 SIGN BY DEFAULT:
 President does not sign bill within 10 days
(not counting Sundays), AND Congress is in
session
 It becomes law.
Bill To Law Procedure
 POCKET-VETO:
 President does not sign bill within 10 days
(not counting Sundays), AND Congress is
NOT in session
 It does NOT becomes law.
Bill To Law Summary
 CONGRESS: Both Chambers pass identical bill
 PRESIDENT ACTION:
 Sign (YES)
 Veto (NO) & Override veto (YES)
 PRESIDENT ACTION:
 Default (YES)
 Pocket Veto (NO)
Section 8. Enumerated Powers of
Congress
 TAXES: Set and collect Taxes, Duties, Imposts
and Excises
 DEBTS: Pay Debts
 REGULATE COMMERCE: To regulate Commerce
with other Nations, and among the several States
[Interstate Commerce], and with the Indian Tribes
 COMMON DEFENSE: Provide for the common
Defense and general Welfare of the United States;
Section 8. Enumerated Powers of
Congress
 BORROW MONEY: on the credit of the US;
 NATURALIZATION: To establish uniform Rules;
 BANKRUPTCIES: To establish uniform Laws
throughout the United States;
 MONEY: Coin, regulate value of it, and of foreign
currency,
 WEIGHTS AND MEASURES: Fix the standard for
weights and measurements;
Section 8. Enumerated Powers of
Congress
 POST OFFICES AND POST ROADS: Establish
post offices; Establish post roads for the delivery of
the mail;
 INTELLECTUAL PROPERTY. 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;
 ESTABLISH COURTS INFERIOR TO SUPREME
COURT;
Section 8. Enumerated Powers of
Congress (Defense)
 DECLARE WAR.
 ARMIES: Conscribe and Support
 NAVY: Provide and Maintain
 MILITIA: To provide for calling forth the Militia; To
execute the Laws of the Union To suppress
Insurrections and To repel Invasions;
Section 8. Enumerated Powers of
Congress
 NECESSARY AND PROPER CLAUSE: To make
all laws that are necessary and proper for carrying
into execution the powers in Article I, Section 8,
and all other powers vested by the constitution in
the US government; or in any department; or
officer of the United States.
ARTICLE II: Section 1
 “EXECUTIVE POWER” VESTED IN PRESIDENT.
 TERM.
 President and Vice President hold Office for
a Term of four Years
Election Procedure — The Electoral
College (EC)
 Established as a compromise between election of
president by Congress and election by popular
vote.
 EC consists of 538 electors (1 per House District
[435] + 1 per senator [100]; and 3 for DC [23rd
Amendment]).
 Each State’s allotment of electors = number of
House members + two Senators.
 Census is used to reapportion the number of
electors allocated among States.
The Electoral College (EC) (continued)
 NOVEMBER (ELECTION DAY):
 DATE: on the Tuesday after the first Monday
in November
 ELECTING: Electors are a popularly elected
body chosen by the States and the District of
Columbia.
 DECEMBER (STATE’S ELECTORAL VOTE):
 WHAT: Electors meet in each State to vote
for President and Vice-President
 WHEN: The first Monday after the second
Wednesday in December.
The Electoral College (EC) (continued)
 WINNER:
 MAJORITY, NOT MOST: Majority of 270
electoral votes is required to elect the
President and Vice President.
 NOTE: No Constitutional provision or
Federal law requires electors to vote in
accordance with the popular vote in their
State.
If No One Get 270 Votes: House Elects
the President; Senate selects Veep


House elects the president (12th Amendment)

The top 3 electoral vote getters are on ballot.

The vote is taken by State, with each State
delegation having one vote.

Majority vote (+50%) wins
Senate selects Vice President

Two candidates who received the greatest
number of electoral votes are on ballot

Each Senator has a vote.

Majority vote decides who is the President of the
Senate
Qualifications To Be President
 President must be a
 Natural Born Citizen;
 35 years old;
 14 years residence in USA.
Powers of the President


COMMANDER IN CHIEF

Of the Army and Navy

Of State Militia, when called into actual Service
of the United States
PARDONS.


Power to grant Reprieves and Pardons for
Offenses against the US, except in Cases of
Impeachment.
MAKE TREATIES.

With Advice and Consent of Senate

Requires 2/3rds of the Senators present concur
Powers of the President
 NOMINATE.
 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.
 RECESS APPOINTMENTS.
 When the Senate is in recess, the President
has the power to fill all vacancies.
 These commissions expire at the end of that
session of Congress (the end of every even
year)
Impeachment and Removal Standard
 The President, Vice President and all civil Officers
of the United States, shall be removed from Office
on Impeachment for (by the House), and
Conviction of (by the Senate): Treason, Bribery, or
other high Crimes and Misdemeanors
Article III. The Judicial Branch
 Judicial Power of the United States vested in one
supreme Court; AND
 In such inferior Courts as the Congress may from
time to time ordain and establish.
 LIFETIME APPOINTMENT: The Judges stay on
the bench “during good behavior
 COMPENSATION: Compensation cannot be
decreased during their continuance in office.
Judicial Review
 ALL courts are required to interpret and apply the
Constitution
 Power was not explicitly mentioned in the
Constitution, the principle was definitively
established by the 1803 Supreme Court case
Marbury v Madison (Chief Justice John Marshall
wrote the opinion of the court).
 US Supreme Court is final interpreter of US
Constitution
Article IV, Section 1: Full Faith & Credit
 Each state must give FULL FAITH AND CREDIT
to the public acts (laws), records (e.g., marriage),
and judicial proceedings (e.g., divorce) of every
other State.
 Congress has the power to prescribe the Manner
in which these Acts, Records and Proceedings
shall be proved, and the effect of them.
 The Citizens of each State shall be entitled to all
PRIVILEGES AND IMMUNITIES of Citizens in the
several States.
Article V (Amending): Proposal &
Ratification
 Amendments to the Constitution may be proposed
 by a 2/3 vote of both houses of Congress, or
 by a Constitutional convention called by
Congress upon the appeal of 2/3 of state
legislatures.
 Any proposed amendments must be ratified by
 3/4 of state legislatures, or
 Constitutional conventions called by the
states.
Article VI: Supreme Law of the Land

Supreme Law of the Land. The US Constitution, and
the federal laws made in pursuance of the Federal
Constitution; and all treaties under the authority of the
United States, are the supreme law of the land.

State Judges. Judges in every state are bound by the
Federal Constitution.

Oath Or Affirmation. Who are bound and who must
take oath: Federal and State members of legislatures,
Federal and State executive officers and Federal and
State judicial officers.

A Religious Test cannot be required as a qualification
to any office or public trust under the United States.
First Amendment
 ESTABLISHMENT OF RELIGION: ... respecting
an establishment of religion, or
 FREE EXERCISE OF RELIGION: ... prohibiting
the free exercise thereof; or
 FREEDOM OF SPEECH: ... abridging freedom of
speech, or
 FREEDOM OF PRESS: ... abridging freedom of
the press; or
 RIGHT OF ASSEMBLY: ... the right of the people
peaceably to assemble, and
 RIGHT TO PETITION GOVERNMENT: ... to
petition the Government for a redress of
grievances.
The Fourth Amendment (Key Terms )
 THEIR: Personal expectation of privacy
 UNREASONABLE: Reasonableness leads to
exceptions to the warrant clause
 SEARCH: Intrusion into a protected privacy
interest
 SEIZURE: loss of liberty or property
Fifth Amendment: Double Jeopardy,
Self-incrimination, Due Process
 DOUBLE JEOPARDY: No person can be tried
twice for the same crime
 SELF-INCRIMINATION: In a criminal case, the
defendant cannot be compelled to testify
 DUE PROCESS: No one can be deprived of life,
liberty, or property, without due process of law
The Rights of the Accused
 In all criminal prosecutions, the accused shall enjoy:
 TRIAL. Right to a speedy and public trial,
 IMPARTIAL JURY. Where the crime was
committed
 ACCUSATIONS. Informed of the nature and
cause of the accusation;
 WITNESSES. Confronted with witnesses
against defendant;
 SUBPOENA POWER. Compulsory process for
obtaining witnesses in his/her favor, and
 COUNSEL. To have the Assistance of Counsel
for his/her defense.
13th Amendment: Abolishment of Slavery
 Neither slavery nor involuntary servitude shall exist
within the United States, or any place subject to
their jurisdiction.
 Except as a punishment for crime (where the
person has been convicted)
14th Amendment: Citizenship; Due
Process and Privileges or Immunities

Citizenship: All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens
of: the United States and the State wherein they reside.

Privileges or Immunities: No State shall make or enforce
any law which shall abridge the PRIVILEGES OR
IMMUNITIES of citizens of the United States;

Due Process: No State can deprive any persons of life,
liberty, or property, without DUE PROCESS OF LAW. The
Incorporation Clause: Bill of Rights applying to the state

Equal Protection: No State can deny to any person within
its jurisdiction the equal protection of the laws.
Voting Rights Amendments:
15th; 19th; and 26th.
 The right of citizens of the United States to vote
shall not be denied or abridged by the United States
or by any State on account of RACE, COLOR, OR
PREVIOUS CONDITION OF SERVITUDE.
 The right of citizens of the United States to vote
shall not be denied or abridged by the United States
or by any State on account of SEX.
 The right of citizens of the United States, who are
18 YEARS OF AGE OR OLDER, to vote, shall not
be denied or abridged by the United States or any
state on account of age.