Amendments and Clauses

Legislative Branch

Legislative Branch

Article I

Legislative powers vested in Congress, consisting of House and Senate

Article I Section I

House of Representatives

Article I Section II

Outlines composition and election of House members: elected every 2 years by direct vote

Article I Section II Clause I

Qualifications for House: 25 years old, citizen 7 years, live in the state

Article I Section II Clause II

House Representation: minimum 1 per state, representation based on Census. Initially didn’t count Native Americans and slaves only 3/5. 1929 fixed size to 435.

Article I Section II Clause III

House Vacancy: Governors call for elections

Article I Section II Clause IV

House Officers and Impeachment: Chooses own officers, impeachment power to accuse

Article I Section II Clause V

The Senate

Article I Section III

Senate Terms & Member #: 2 per state, 6 year term

Article I Section III Clause I

1/3 of all senate seats will be up for re-election every two years

Article I Section III Clause II

Senate Qualifications: 30 years old, citizen 9 years, live in the state

Article I Section III Clause III

Role of VP: President of the Senate, only votes in ties

Article I Section III Clause IV

Other Senate Officers: Chooses officers, president pro tempore

Article I Section III Clause V

Impeachment Trials: Senate tries impeachment, chief justice of Supreme Court presides over presidential impeachment, needs 2/3 to convict

Article I Section III Clause VI

Senate Penalties for Conviction: Can only remove from office, be tried in regular court for crimes

Article Section III Clause VII

Time, place, and manner of elections

Article I Section IV

A quorum (majority) is needed in houses to vote for bills, Congressional record

Article I Section V

Members are paid to avoid bribery and for diversity. Congress members can only serve in Congress.

Article I Section VI

All revenue bills originate in House

Article I Section VII Clause I

Presidential Veto: bill presented to President to sign or not with objection (veto), Congress can override veto with 2/3 vote of both houses. If President doesn’t sign and Congress isn’t in session, pocket veto.

Article Section VII Clause II

Actions on other matters: summary of veto and joint resolutions

Article Section VII Clause III

Powers of Congress

Article I Section VIII

Congress can lay and collect taxes to relieve debt and fund military

Article I Section VIII Clause I

Congress can borrow money from any source, on credit of US

Article I Section VIII Clause II

Congress can regulate commerce within states and with foreign nations

Article I Section VIII Clause III

Congress can establish rules of naturalization/bankruptcy

Article I Section VIII Clause IV

Money and standards

Article I Section VIII Clause V

Punishing counterfeiters

Article I Section VIII Clause VI

Roads and Post Offices

Article I Section VIII Clause VII

Copyright and patents

Article I Section VIII Clause VIII

Power to establish lower courts

Article I Section VIII Clause IX

Punishment for piracy

Article I Section VIII Clause X

Congress can declare war

Article I Section VIII Clause XI

Congress raises and supports army

Article I Section VIII Clause XII

Creation of navy

Article I Section VIII Clause XIII

Congress regulates armed forces

Article I Section VIII Clause XIV

Congress can use state militias to stop invasion, rebellion, insurrections.

Article I Section VIII Clause XV

Organization of militia

Article I Section VIII Clause XVI

Creation of DC

Article I Section VIII Clause XVII

Necessary and Proper Clause: all powers necessary and proper to carry out Congress’ enumerated powers

Article I Section VIII Clause XVIII (elastic clause)

Powers denied to Congress

Article I Section IX

Congress can’t answer question of slavery

Article I Section IX Clause I

Can’t suspend writ of habeas corpus unless cases of rebellion

Article I Section IX Clause II

No bills of attainder or ex post facto laws

Article I Section IX Clause III

No capitation or direct tax (amended to unless in proportion to Census)

Article I Section IX Clause VI

No export taxes on states

Article I Section IX Clause V

States equal on commerce

Article I Section IX Clause VI

Treasury withdrawals (power of the purse): Congress controls all tax money, check on president

Article I Section IX Clause VII

No titles of nobility/royalty

Article I Section IX Clause VIII

Powers denied to states

Article I Section X

States can’t make treaties or coinage

Article I Section X Clause I

No duties and imports for states unless approved by Congress

Article I Section X Clause II

States can’t declare war

Article I Section X Clause III

Executive branch

Article II

Four year presidential term

Article II Section I Clause I

Choosing electors from each state: electoral college with # of electors equal to Congress members per state

Article II Section I Clause II

Former system of electors

Article II Section I Clause III

Time of elections: Congress chooses, same day nationwide. First Tuesday after first Monday of November

Article II Section I Clause IV

Qualifications for president: Born in US, 35 years old, lived here for 14 years

Article II Section I Clause V

Succession of VP, modified by 25th amendment

Article II Section I Clause VI

Presidential salary of $400,000, can’t change during term

Article II Section I Clause VII

Presidential oath of office

Article II Section I Clause VIII

Commander in chief: controls foreign power, cabinet, reprieves and pardons

Article II Section II Clause I

Makes treaties, appoints ambassadors with advice and consent of Senate

Article II Section II Clause II

Vacancies: Can be temporary filled without Senate if in recess

Article II Section II Clause III

Duties of President: State of the Union

Article II Section III Clause I

Duties of the President

Article II Section III

Impeachment of President

Article II Section IV

President can be impeached for treason, bribery, high crimes, and misdemeanors.

Article II Section IV Clause I

Judicial branch

Article III

Judicial powers, courts, judges: Congress establishes lower courts, federal judges have life terms

Article III Section I

Jurisdiction

Article III Section II

Cases under federal jurisdiction: US as a party, between states, between citizens of different states, citizens suing states

Article III Section II Clause I

Cases for Supreme Court: Original jurisdiction of ambassadors and states, all appellates

Article III Section II Clause II

Conduct of trials: Jury and held in state where crime is committed

Article III Section II Clause III

Treason

Article III Section III

Definition of treason: requires two witnesses, open court

Article III Section III Clause I

Punishment for treason: Congress decides, only extends to the accused

Article III Section III Clause II

Relations among states

Article IV

Full faith and credit: decisions of one state applies to all others

Article IV Section I

Privileges and immunities: same rights between states

Article IV Section II Clause I

Extradition: states return fugitives

Article IV Section II Clause II

Fugitive slaves: Must be returned

Article IV Section II Clause III

Admission of states

Article IV Section III

Process of admitting states

Article IV Section III Clause I

States as public land

Article IV Section III Clause II

Republican form of government

Article IV Section IV

Provisions for amendments: 2/3 to propose (national), ¾ to ratify (state)

Article V

Supremacy of National Law, Oath

Article VI

Existing obligations, will pay articles debt

Article VI Section I

Constitution is supreme law of the land

Article VI Section II

Oaths of Office: Signs oath to support Constitution, no religious qualifications

Article VI Section III

Ratification: 9/13 states must ratify

Article VII

“5 rights in one” Freedom of religion, speech, press, assembly, petition

1st Amendment

“Guns accrue” Right to bear arms

2nd amendment

“No soldiers with me” No quartering soldiers

3rd amendment

“No cops explore” No unreasonable search and seizure, need a warrant

4th amendment

“Protects your side” Right to Grand Jury, don’t have to incriminate self, due process, takings, double jeopardy

5th amendment

“Criminal rights blitz” Criminal cases, trial by jury, speedy trial, informed of charges, confront witnesses, right to a lawyer

6th amendment