U.S. Constitution: Key Concepts, Elements, and Processes

Republicanism

Power is hostile to liberty. Liberty is in the virtue of the people, but if virtue is corrupted, there is no liberty.

Belief that a country should be governed by its citizens through elected representatives, with an emphasis on serving the 'common good,' or public interest

Threats to Liberty

Luxury, Vice, Centralized government, Standing army.

Constitutionalism

The theory that a government's power should be limited by a fundamental set of rules, or a constitution, which establishes the guidelines for how the government is formed and operates, and how the people should live under its laws.

Federalism

Relationship between the national government and the states.

Checks and Balances

The constitution seeks to prevent any branch of the national government from dominating the other two.

Legislative Branch

Create laws, regulate interstate and foreign commerce, declare war, tax, spend, borrow money, and coin currency.

Executive Branch

Commander-in-chief of the armed forces, the ability to veto legislation, appoint officials, negotiate treaties (with Senate approval), grant pardons, and faithfully execute the laws.

Judicial Branch

Hear and decide cases involving the Constitution, U.S. laws, and treaties, as well as cases affecting ambassadors, maritime jurisdiction, and controversies between states or between the U.S. and citizens of different states.

Elastic Clause

Grants Congress the power to pass laws deemed 'necessary and proper' for executing its enumerated powers.

Supremacy Clause

The Constitution, U.S. laws made in pursuance of it, and all treaties are the 'supreme Law of the Land' and take precedence over any conflicting state laws.

State Powers (CAN)

Give full faith and credit to the public acts, records, and judicial proceedings of every other state.

State Powers (CANNOT)

Enter into any treaty, alliance, or confederation.

What the national government owes the states

The United States guarantees every state a republican form of government.

The United States protects each state from foreign invasion threats.

The United States aids states facing domestic violence upon request.

The state legislature or governor may request federal help when threatened.

First Amendment Rights

Freedom of religion, freedom of speech, freedom of the press, and the right to peaceably assemble and to petition the government.

Second Amendment

Right of the people to keep and bear arms in the context of a well-regulated militia.

Third Amendment

Restrictions on the quartering of soldiers in homes without the owner's consent in time of peace.

Fourth Amendment

Protection against unreasonable searches and seizures; warrants require probable cause and particular descriptions of place/persons/things.

Fifth Amendment

Right to Grand Jury indictment; protection against double jeopardy; protection against self-incrimination; guarantee of due process of law; requires just compensation for private property taken for public use.

Sixth Amendment

Rights in criminal prosecution: speedy and public trial; impartial jury; right to be informed of the accusation; right to confront witnesses; compulsory process for witnesses; right to Assistance of Counsel.

Seventh Amendment

Right to trial by jury in civil suits where the value in controversy exceeds twenty dollars.

Eighth Amendment

Protection against excessive bail, excessive fines, and cruel and unusual punishments.

Ninth Amendment

The enumeration of specific rights in the Constitution shall not be construed to deny or disparage others retained by the people.

Tenth Amendment

Powers not delegated to the U.S. nor prohibited to the States are reserved to the States, respectively, or to the people.

Representative Qualifications

Age 25 Years; Seven Years a U.S. Citizen; Must be an Inhabitant of that State when chosen.

Senator Qualifications

Age 30 Years; Nine Years a U.S. Citizen; Must be an Inhabitant of that State when chosen.

President Qualifications

Natural-born citizen; age 35 years; fourteen years a resident within the United States; cannot be elected more than twice.

Supreme Court Justice Qualifications

Justices hold their offices during good behavior; no specific age, citizenship, or residency requirements are listed.

Bill to Law Process

1. Bill must pass both the House of Representatives and the Senate. 2. The bill must be presented to the President. 3. If the President approves, he shall sign it, and it becomes a law. 4. If the President disapproves, he returns it with objections to the originating House. 5. That House enters objections in their journal and reconsiders the bill. If two-thirds agree, it is sent to the other House. 6. If approved by two-thirds of the second house, it becomes law. 7. If the President does not return the Bill within ten Days, it becomes a Law unless Congress's Adjournment prevents its return.

Terms of office (Representatives)

2 years

Terms of office (Senators)

6 years

Terms of office (President)

4 years

Terms of office (Federal Judges)

As long as they have good behavior

why the difference between the terms of office for senator and representatives

Senators represent whole states and serve longer terms for stability, while representatives serve shorter terms to stay responsive to local voters.

why do you think Federal judges have that term of office

Federal judges serve for life to ensure independence, allowing them to make decisions free from political pressure and uphold the Constitution even when rulings are unpopular.