U.S. Constitution

Article I

Establishes Congress as a bicameral legislature (House and Senate), defines its structure, powers, and limits, and gives it authority to make laws, levy taxes, regulate commerce, declare war, and control government spending.

Article II

Creates the presidency and outlines the powers and duties of the executive branch, including enforcing laws, commanding the military, conducting foreign policy, and appointing officials with Senate approval.

Article III

Establishes the Supreme Court and allows Congress to create lower federal courts; defines their jurisdiction and guarantees judicial independence through life tenure and protection against salary reduction.

Article IV

Describes how states must interact with one another and with the federal government, including honoring other states’ laws, providing equal treatment to citizens of other states, and allowing for the admission of new states.

Article V

Defines how the Constitution can be changed, requiring proposal by two-thirds of Congress or state legislatures and ratification by three-fourths of the states.

Article VI

Declares the Constitution, federal laws, and treaties as the supreme law of the land; requires officials to take an oath to support the Constitution and prohibits religious tests for office.

Article VII

Explains the process for ratifying the Constitution, stating that it would take effect once nine of the thirteen states approved it.

Popular Sovereignty

Government’s power comes from the consent of the governed; the people are the ultimate source of authority.

Republicanism

Citizens elect representatives to make decisions on their behalf in government.

Limited Government

Government power is restricted by the Constitution to protect individual rights and prevent tyranny.

Separation of Powers

The Constitution divides government into three branches—legislative, executive, and judicial—each with distinct powers.

Checks and Balances

Each branch of government has powers that can limit the powers of the other branches.

Federalism

Power is divided between the national (federal) government and the state governments.

Rule of Law

Everyone, including government officials, is subject to the law.

Individual Rights

The Constitution and Bill of Rights protect liberties such as speech, religion, and due process.

Preamble Purpose

Introduces the Constitution, stating its goals: to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure liberty.

Bicameral Legislature

Congress is divided into two houses: the House of Representatives and the Senate.

House of Representatives Requirements

Members must be 25 years old, a U.S. citizen for 7 years, and a resident of their state.

Senate Requirements

Members must be 30 years old, a U.S. citizen for 9 years, and a resident of their state.

Enumerated Powers (Article I, Section 8)

Powers explicitly given to Congress—such as taxing, coining money, regulating commerce, declaring war, and maintaining armed forces.

Necessary and Proper Clause (Elastic Clause)

Gives Congress power to make laws necessary and proper to carry out its enumerated powers.

Commerce Clause

Gives Congress power to regulate trade among states and with foreign nations.

Power of the Purse

Congress controls government spending and taxation.

Impeachment Power (House)

The House can impeach (formally charge) the president or federal officials.

Trial of Impeachment (Senate)

The Senate conducts impeachment trials and can remove officials with a 2/3 vote

Advice and Consent Power (Senate)

The Senate confirms presidential appointments and ratifies treaties.

Origination Clause

All bills for raising revenue must begin in the House of Representatives.

Enumerated = written explicitly; Implied = powers derived from the Necessary and Proper Clause.

Enumerated vs. Implied Powers

Presidential Requirements

Must be 35 years old, a natural-born citizen, and a U.S. resident for 14 years

Commander in Chief

The president controls the military.

Chief Diplomat

The president directs foreign policy and negotiates treaties.

Chief Executive

The president enforces laws and manages the executive branch.

Veto Power

The president can reject bills passed by Congress.

Pocket Veto

If the president doesn’t sign a bill and Congress adjourns within 10 days, the bill does not become law.

State of the Union Address

The president must inform Congress about the nation’s condition and recommend policies.

Appointment Power

The president nominates federal judges, ambassadors, and officials (requires Senate approval).

Treaty Power

The president negotiates treaties with foreign nations (requires Senate approval).

Take Care Clause

The president must “take care that the laws be faithfully executed.”

Impeachment of the President

The House impeaches; the Senate holds the trial.

Judicial Power

Vested in one Supreme Court and inferior courts established by Congress.

Tenure of Federal Judges

Serve during “good behavior” (effectively for life) to ensure independence.

Jurisdiction

Defines the types of cases federal courts can hear.

Original Jurisdiction (Supreme Court)

Cases involving states or ambassadors go directly to the Supreme Court.

Appellate Jurisdiction

Supreme Court hears appeals from lower courts.

Judicial Review (Implied Power)

Established by Marbury v. Madison (1803); courts can strike down unconstitutional laws or actions.

Full Faith and Credit Clause

States must recognize the public acts, records, and judicial proceedings of other states

Privileges and Immunities Clause

Citizens of each state are entitled to the same rights as citizens in other states.

Extradition Clause

Fugitives fleeing from one state to another must be returned to the state where they committed the crime.

Admission of New States

Congress can admit new states into the Union.

Guarantee Clause

Each state is guaranteed a republican form of government.

Amendment Proposal

Can be proposed by 2/3 of both houses of Congress or 2/3 of state legislatures calling for a convention.

Amendment Ratification

Requires approval by 3/4 of state legislatures or 3/4 of state conventions.

Supremacy Clause

The Constitution, federal laws, and treaties are the supreme law of the land.

Oath of Office Clause

All officials must swear an oath to support the Constitution.

No Religious Test Clause

No religious test can be required for public office.

Ratification Requirement

The Constitution would take effect after ratification by nine states.

Ex Post Facto Law (Article I, Section 9)

Congress and the states are prohibited from passing ex post facto laws, which punish people retroactively for actions that were legal when committed.

Habeas Corpus Clause (Article I, Section 9)

Congress cannot suspend the writ of habeas corpus — the right of an arrested person to be brought before a judge and told the reason for their detention — except in cases of rebellion or invasion where public safety requires it.

Bill of Attainder Clause (Article I, Section 9)

Congress cannot pass laws that declare a person or group guilty of a crime and punish them without a trial.

Titles of Nobility Clause (Article I, Section 9–10)

Neither the federal government nor the states may grant titles of nobility, ensuring equality under the law and preventing aristocracy.

Contracts Clause (Article I, Section 10)

States cannot pass laws that impair the obligation of contracts; this protects private agreements from government interference.

Privileges and Immunities Clause (Article IV, Section 2)

States cannot discriminate against citizens of other states or give their own citizens special privileges.

Establishment Clause (First Amendment)

Prevents the government from establishing an official religion.

Free Exercise Clause (First Amendment)

Protects individuals’ rights to practice their religion freely without government interference.

Due Process Clause (Fifth & Fourteenth Amendments)

Prohibits government from depriving individuals of life, liberty, or property without fair legal procedures.

Equal Protection Clause (14th Amendment)

Requires states to apply the law equally to all people; central to civil rights cases.

Takings Clause (Fifth Amendment)

The government may take private property for public use only if it provides just compensation.