{

Constitution Review

Table of Contents

Table of Contents

Article I Legislative Branch

Article II Executive Branch

Article III Judicial Branch

Article IV States

Article V Amending the Constitution

Article VI Supremacy, Holding Public OfficeArticle VII Ratification

Bill of Rights (Amendments I-V)

Bill of Rights (Amendments VI-X, XIV)

The Question of Slavery

{

Table of Contents

Article I

House of Representatives (Section 2)

Qualifications

25 Years of Age

7 Years as U.S. Resident

Term

2 Years

Election Process

Chosen by the People

Apportioned by Population (Census)

Duties and Responsibilities

Sole Power of Impeachment (i.e., accusation)“Power of the Purse”: Intro Appropriatoins/Revenue Bills

{Article I

Senate (Section 3)Qualifications

30 Years of Age

9 Years as U.S. Resident

Term

6 Years

Election Process

Chosen by the People

Two per State

Duties and Responsibilities

Serves as Jury in Impeachment Cases (2/3 vote to Convict)Approves Executive Appointments

Table of Contents

{Article I

CongressPowers Granted (Section 8)

“Lay and Collect Taxes”

Borrow money

Regulate Commerce

Coin Money

Patent Inventions and Ideas

Constitute Lower Courts (below SCOTUS)Declare War

Budget Armed Forces

Legislate for the District of Columbia (D.C.)

Make Laws “Necessary and Proper” for the Constitutuion

“Commerce Clause” (¶3)

“Elastic Clause” (¶18)

Table of Contents

{Article I

CongressPowers Denied Congress (Section 9)

Talk about Slavery til 1808

Suspend Habeus Corpus

Pass Bills of Attainder or ex post facto Laws

Tax Exports between States

Play Favorites among the States

Grant Titles of Nobility

Table of Contents

{Article I

CongressPowers Denied the States (Section 10)

Enter into Treaties

Coin Money

Pass Bills of Attainder or ex post facto Laws

Grant Titles of Nobility

Tax Imports or Exports

Form Alliances with other States

Engage in War (unless invaded)

Table of Contents

{Article II

The President (POTUS)Qualifications

35 Years of Age

14 Years as U.S. Resident

Term

4 Years

Election Process

Chosen by the Electoral College

Electors Apportioned by Congressional RepresentationElectors Vote for Winner of State/District Elections

“Winner Take All” with 2 Exceptions: NE & ME

Removal from Office

Natural Citizen

Impeachment

For Teason, Bribery, High Crimes

Table of Contents

{Article II

The President (POTUS)Powers

Commander in Chief of Armed Forces

Appoint Judges/Jutices and Public Ministers

Fill Temporary Vacancies in the Senate

Execute Laws

Sign Bills into Law

Veto Laws

Make Treaties

Appoint Cabinet

Responsibilities

Give “State of the Union” Address (from time to time)

Table of Contents

{Article III

The Judiciary (SCOTUS, et al.)Supreme Court

Term

“During good behavior” (for life)

Treaties

Appointed by POTUS

All Cases arising under this Constitution

US Laws

Jurisdiction

Cases Affecting Ambassadors/Public Ministers

Disputes between States

Appointment

Confirmed by Senate

Original Jurisdiction

Apellate Jurisdiction

Treason

Levying War against the United States

Adhering to Enemies of the U.S.

Giving Aid and Comfort to Enemies of the U.S.

Table of Contents

{Article IV

The States“Full Faith and Credit”

States must honor other States’ Acts (Laws), Records, RulingsAdmission of New States to the U.S.

Congress has the power to admit new states

Federal Guarantees to States

Formation of New States

Cannot be made of 2+ existing States without consent of:All State Congresses involved + U.S.

Congress

Republican (small ‘r’) form of governmentProtection from Invasion (or Domestic Violence w/ appeal)

Table of Contents

{Article V

Amending the Constitution2 Ways to Propose Amendments

2/3 of both Houses of Congress agree

2/3 of all State Legislatures call for a convention

2 Ways to Ratify Amendments

3/4 of all State Legislatures agree

3/4 of all State Ratifying Conventions agree

Table of Contents

{Article VI

Supremacy and Public Office

“Supremacy Clause” (§2)

Constitution is “Supreme Law of the Land”

Laws made under the Constitution

Treaties

Qualifications for Public Office

Oath of Affirmation

Federal Law overrides State Law when they conflict

No religious test to hold office

Table of Contents

{Article VII

Ratifying the ConstitutionSufficiency for Ratification

9 States (out of 13)

Constitution is established only for ratifying States

The U.S. Constitution Ratified!

9th State (New Hampshire) Ratified June 21, 178813th State (Rhode Island) Ratified May, 1790

Table of Contents

{Bill of Rights

Amendments I - VBackground and Purpose

Passed to Ensure Anti-Federalists of Individual Rights not explicitly granted by the Constitution

Free exercise of:ReligionSpeech/PressAssembly

Well-Regulated Militia,No Soldiers can be housed in times of peace

I.

II.III.

Right to bear arms

People are protected against:IV.Unreasonable searches/siezures without a WarrantA Warrant cannot be granted without “probable cause”

No person shall:V.

Be held for capital/infamous crime without a Grand JuryBe tried for the same crime twice (Double Jeopardy)Be a witness against himselfBe deprived of life, liberty, property w/o Due Process of Law

Table of Contents

{Bill of Rights

Amendments VI – X, XIVIn all criminal prosecutions, persons have the right to:

A speedy, public trialAn impartial juryKnow the charges against them

Cases concerning significant value must be tried by a jury People are protected against:

VI.

VII.VIII.

The enumerated (i.e., listed) laws in the Constitution do not:

IX.Deny the people of other rights not listed

The Powers not given to the Federal Gov’t by the Constitution and not denied to the States shall be given to:

X.

The States, respectivelyThe People

A lawyer

Detention with excessive bailCruel and unusual punishment

A citizen:XIV.

Is anyone born or naturalized in the U.S.Is entitled to “due process of the law”Is entitled to “equal protection of the law”

Including freed slaves

Table of Contents

{Slavery

How does the Constitution Deal with Slavery?

1) Article I, Section 3“[A]ll other persons” who are not free, indentured to service temporarily, or Indian, are considered:

3/5 of a person for purposes of Representation and Taxation2) Article I, Section 9: Congress cannot prohibit . . .

“[t]he Migration or Importation of Persons . . .”

. . . until 1808

3) Article IV, Section 3

Persons “held to service” shall:Not be free if they run to another stateBe returned to their owners if found in other states

All provisions dealing with slavery were cancelled by the Thirteenth Amendment (1865)

Table of Contents

4) Article VNo Amendment shall affect . . .

. . . the first and fourth clauses of Article I, Section 9 . . . . . . Until 1808

Four ways: