Chapter 5US Constitution

A Very Brief Overview

Article ILegislative 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 WhoRepresentatives 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.