The Preamble The Preamble & Article 1& Article 1

The PreambleThe Preamble

• We the people of the United States

• In order to form a more perfect union

• Establish justice

• Insure domestic tranquility

• US citizens

• To improve the Nation

• To define a method to assign punishments

• To keep peace within the country

• Provide for the common defense

• Promote the general welfare

• Secure the Blessings of Liberty

• To ourselves and our posterity do ordain and establish

• Protect the Nation’s border

• Do what’s best for the majority

• Ensuring personal freedoms

• Promise to ourselves and our children

Article 1 – Section 1Article 1 – Section 1

“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.”

• Power to make laws is given to Congress

• Congress is made of two branches– Senate– House of Representatives

Article 1 – Section 2 – Clause 1Article 1 – Section 2 – Clause 1

• Members of the House of Representatives are elected to a 2 year term by voters

• Each has qualifications for voting

Article 1 – Section 2 – Clause 2Article 1 – Section 2 – Clause 2

• Representatives must be 25 years old, have at least 7 years citizenship and a resident of the state they represent

Article 1 – Section 2 – Clause 3Article 1 – Section 2 – Clause 3

• Number of Representatives is chosen by population– 30,000 : 1– Every state has at least 1

• All free people shall be counted [changed from all free people and indentured servants plus 3/5 slaves]

• Census will be done 3 years after Congress meets and every 10 years after

Article 1 – Section 2 – Clause 4Article 1 – Section 2 – Clause 4

• Vacancies in the House of Representatives are filled through elections

Article 1 – Section 2 – Clause 5Article 1 – Section 2 – Clause 5

• The members of the House will choose their speaker

• Only the House has the power to impeach

Article 1 – Section 3 – Clause 1 Article 1 – Section 3 – Clause 1 “The Senate”“The Senate”

• Originally this declares the number of Senators chosen from each state based on the appointment from the Legislature.

• However with the creation of the 17th Amendment this was changed to where the people DIRECTLY appoint their senators.

• This was changed because the citizens were worried that the Senators were not there to represent the people but rather the Legislature since that’s how they achieved their appointment.

• That led to fears over corruption and false intentions within the Senate.

• Once a Senator is chosen, he or she serves for six years• Each state shall have two Senators representing it, with each

senator counting as one vote creating an overall total of 100 Senators

Article 1 – Section 3 – Clause 2Article 1 – Section 3 – Clause 2

• Initially when the Senate was established, it was divided into three classes, with one of the three being elected every two years, one being elected every four years, and one every six years

• Now, every Senator serves a six year term• The 17th Amendment established this change because the

Legislature wanted the Senators to be able to make long term goals and changes. Therefore, they felt it was necessary to give Senators the term of six years in order to achieve this

• Originally the Legislature appointed the vacancies in the Senate that occurred by resignation or otherwise

• Now, it is the job of the Governor of each state to pick the replacement of that state’s vacant Senator position

Article 1 – Section 3 – Clause 3Article 1 – Section 3 – Clause 3

• This clause of Article 3 states that no person under the age of 30 can attain a Senator position; That person has to have been a citizen of the United States for at least nine years; and must live in the State that they are a Senator of.

• The number of years that you must have lived in the state before attaining a Senate position depends on the state since it is not stated in the Constitution.

• The Framers purposely made the Senate a more “elite body” in order to check the powers of the House of Representatives.

Article 1 – Section 3 – Clause 4Article 1 – Section 3 – Clause 4

• This part is the Vice-Presidents only stated duty in the Constitution – to head the Senate

• Although the Vice-President is President of the Senate, the only power it truly has is to cast the deciding vote if there is a tie in the Senate

• How it is today – Modern Presidents have given their Vice Presidents more responsibilities than to just head the Senate

Article 1 – Section 3 – Clause 5Article 1 – Section 3 – Clause 5

• The Senate chooses its other officers – including the presiding officer

• The presiding officer (president tempore) is second in command to the President of the Senate (the Vice-President)

• In the absence of the Vice-President, the president tempore will run the Senate

Article 1 – Section 3 – Clause 6Article 1 – Section 3 – Clause 6

• If the House wants a trial of impeachment, the Senate serves as the court

• The Chief Justice becomes the judge while the Senate acts as the jury

• To convict the prosecuted, two-thirds of the Senate must agree

Article 1 – Section 3 – Clause 7Article 1 – Section 3 – Clause 7

• If the Senate ends up impeaching a government official, they can only remove him from office and prevent him from ever holding another position – and no more

• However, because the Senate is not a true court, the convicted person can be tried in a normal court of law

Article 1 – Section 4 – Clause 1Article 1 – Section 4 – Clause 1

• The state legislature determines the time place and manner of holding an election.

• Congress at any time by law can alter any of the above except to the places of choosing senators.

Article 1 – Section 4 – Clause 2Article 1 – Section 4 – Clause 2

• The congress will meet at least once a year.

• The meeting will be on the first Monday in December this was changed because originally they could not decide on the date that they should meet.

• Today this is changed from the first Monday to January third. This changed so they could meet immediately after they were elected.

Article 1 – Section 5 – Clause 1Article 1 – Section 5 – Clause 1

• They set the standards for who can run for election but they can not control the voters.

• The majority shall constitute a quorum (the minimum number of representatives required to do business).

• If a small group wishes to wait until all the members are present then they have the ability to adjourn and bring the unrepresented members.

Article 1 – Section 5 – Clause 2Article 1 – Section 5 – Clause 2

• Each house determines the rules of its proceedings and can punish it members for disorderly behavior.

• Congress has the ability to expel a member , but they need 2/3 of the vote.

Article 1 – Section 5 – Clause 3Article 1 – Section 5 – Clause 3

• Each house will keep a journal of the business they do.

• They will occasionally publish it from time to time.

• There is a complete record of everything said on the floor

Article 1 – Section 5 – Clause 4Article 1 – Section 5 – Clause 4

• Neither house may adjourn for more than three days or move to another location with out the consent of the other house.

Example of Article 1 – Section 5 – Example of Article 1 – Section 5 – Clause 2Clause 2

• http://www.bing.com/videos/search?q=video+of+john+wilson&docid=1255650230307&FORM=VIRE3#

• 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 for any Speech or Debate in either House, they shall not be questioned in any other Place.

• Senators and Representatives will be paid out of the Treasury of the United States by law

• They have a set salary until the next congressional election

• They cannot be arrested while:1. attending a session of their Houses (going to or returning from)2. during any speech or debate in either House

-EXEPT treason, a felony, or breech of peace

• They cannot be sued or prosecuted for anything they say in congress

2727thth Amendment Amendment

• No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

• 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 increased 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.

• No Senators or Representatives can be appointed to any civil Office during the time for which he was elected or his salary has been increased during the time.

• Prevents members from passing laws to benefit themselves

• No person holding any office under the United States can be a member of either House while he stays in Office

• Prevents the President from promising them jobs in other branches of the federal government

Article 1 Article 1 Section: 7Section: 7

SECTION 7SECTION 7

• ACTUAL: 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.

• SUMMARY: All tax laws must begin in the House of Representatives. This does not restrict the Senate from improving or denying the tax laws.

• ACTUAL: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes 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.

• SUMMARY: For a bill to become a law it must pass through both houses of Congress and be approved by the President. If the President vetoes the bill he writes a statement of his objections, it then returns to the house where it was created. To override the Presidents veto, two-thirds of each house must then vote for the bill and it then can become a law. The votes of all congress must be recorded by the official when overriding the President’s veto. The president has ten days (excluding Sundays) to veto or sign a bill or it becomes law. A pocket veto is if congress adjourns during this period of ten days then it does not become law.

• ACTUAL: 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

• SUMMARY: This paragraph was inserted by the Framers in order to keep Congress from passing joint resolutions instead of Bills to pass the Presidential veto. It distinguishes the difference between the two:

“A Bill is a draft of a proposed law.”

“A resolution is the legislature's formal expression of opinion or intent on a matter.”

Section 8Section 8(1-8)(1-8)Group 2Group 2

11

• “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;”

• Congress has the power to:

• Set/collect Taxes• Financially back the

military• Pay off debts the gov’t

owes• All taxes made will be the

same all over the country

22

• “To borrow money on the credit of the United States;”

• The government can borrow money on credit

33

• “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”

• To oversee trade b/w countries, states, and at the time, Native American Tribes

44

• “To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;”

• Make standard rules dealing with aliens who want to become U.S. citizens

55

• “To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;”

• To make $, establish its worth, and determine value of foreign currency; also make standard units of measurement: height, length, etc.

66

• “To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;”

• Punish those who counterfeit U.S. currency

77

• “To establish Post Offices and Post Roads;”

• Make/build a nationwide mail service, and mark roads with addresses

88

• “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;”

• Support/back sciences and art through the use of copyrighting/ patenting

Article 1 Article 1

Section 8Section 8

SimplifiedSimplified

• Gives congress the power to raise and spend revenue (taxes) but taxes must be the same throughout the nation.

• The federal government can borrow money on credit of the United States.

• Congress has the power to regulate commerce (trade) among states, nations and with the Indian tribes.

SimplifiedSimplified

• Establish standardized qualifications to become a United States Citizen and declare bankruptcy.

• The states cannot issue currency– standard money in all of America.

• Counterfeiting is punishable by law.• Establish United States Postal Service.• Copyrights and patents are available to

protect discoveries for a limited time.

SimplifiedSimplified

• Allows congress to establish a federal court system.

• Congress has the power to protect American ships on high seas (pirates).

• The constitution gives congress the right to declare war– states need congressional declaration before sending troops to war.

• Congress will only fund the army for two years at a time– every two years congress must vote to keep funding.

SimplifiedSimplified

• Congress can provide and maintain a navy.

• Congress may pass regulations involving military discipline.

• The “militia” becomes the National Guard and is organized by the states.– Congress still has authority to pass rules for

governing its behavior

SimplifiedSimplified

• Congress has the right to make rules for Washington, D.C.

• “Elastic Clause”- government’s power and ability can stretch if it’s needed and the proper thing to do despite the fact that it does not have specific power to.

Article 1 Section 9Article 1 Section 9

1. Slave Trade1. Slave Trade

• Original Text: 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.

• What It Means:The Framers reached a

compromise regarding regulation of the slave trade for Congress’s exclusive control over interstate commerce.

• How It Changed:People could no longer put a

tax on slaves to be imported to the US.

• Why It Changed:The US banned slavery.

2. Habeas Corpus 2. Habeas Corpus

• Original Text: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.

• What It Means:A court order of habeas

corpus, meaning “you may have the body,” is issued by the judge and requires a law official to bring a criminal to court and to show reason for holding the criminal.

3. Bills of Attainder 3. Bills of Attainder

• Original Text:No Bill of Attainder or ex

post facto Law shall be passed.

• What It Means:A “bill of attainder” is a

bill that punishes the accused without a jury trial.

An “ex post facto” is a law that makes an act a crime after someone has committed the act.

4. Direct Taxes4. Direct Taxes

• Original Text:No Capitation, or other

direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

• What It Means:The 16th Amendment

allowed Congress to pass an income tax.

5. Tax on Exports 5. Tax on Exports

• Original Text: No Tax or Duty shall be

laid on the Articles exported from any State.

• What It Means:Congress may not tax

goods that move from one state to another.

6. Uniformity of Treatment6. Uniformity of Treatment

• Original Text: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.

• What It Means:Prevents Congress from

favoring one state or region over another in the regulation of trade.

7. Appropriation Law 7. Appropriation Law

• Original Text: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 Expenditures of all public Money shall be published from time to time.

• What It Means:Protects against the

misuse of funds. All of the president’s

expenditures must be made with the permission of Congress.

8. Titles of Nobility8. Titles of Nobility

• Original Text: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 Congress, accept of any present, Emolument, Office, or Title, or any kind whatever, from any King, Prince, or foreign State.

• What It Means:Prevents the development of

a nobility in the United States.

Article 1Article 1

Section 10Section 10

Section 10 Clause 1Section 10 Clause 1

• No state is allowed to enter any type of treaty

• No state can for their own paper money all debts and other payments must be made with coin money.

• No state may pass any law that limits or destroys ones civil rights.

• No state can grant nobility.

Section 10 Clause 2Section 10 Clause 2

• No state without consent of congress lay any tax on exports and imports unless it is absolutely necessary for its inspection.

• Any tax created by a state will be for the use of the Treasury of the U.S.

• All laws on import and export are subject to revision by the Congress.

Section 10 Clause 3Section 10 Clause 3

• No state without Congress consent is allowed to house soldiers or ships during times of peace.

• States are not allowed to enter in to treaties with other states or foreign power.

• No state is allowed to enter into a war unless they are actually invaded.