Andrew Clayton Constitution Final

Article 1

Legislative Branch

Article 1 Section 1

All legislative powers are given to the Congress, which will consist of two houses, the Senate and the House of Representatives.

Article 1 Section 2

Rules regarding the selection of members of the House of Representatives

Article 1 Section 3

Rules regarding the selection and powers of the senate

Article 1 Section 4

State legislatures will decide how and when senators will be elected although Congress may make changes to their plan.

Article 1 Section 5

concerns the rules of operation of the Congress

Article 1 Section 6

Members of the Congress will be paid for their services. They will have immunity from arrest and freedom of speech while in office unless they commit treason, a felony, or a breach of the peace.

Article 1 Section 7

All bills having to do with raising revenue must begin in the House of Representatives, but the Senate may add amendments to such bills.

Article 1 Section 8

Powers of Congress

-to establish post offices and post roads

-to borrow money;

-to provide and maintain a navy;

-to create a court system below the Supreme Court;

-to make all laws that are necessary and proper for carrying out any of the above listed powers and other powers given to the government by this constitution-National Bank

Article 1 Section 9

Limits on Congressional Power

Powers Denied to the Congress

Article 1 Section 9

Congress may not prohibit the migration or importation of anyone to the United States before 1808, though it may impose a tax on the importation of persons. [This is about the international slave trade.]]

The write of habeas corpus shall not be suspended unless public safety requires it, as during an invasion or rebellion.

No laws that punish people without a trial (bill of attainder) or laws that apply to people after the fact (ex post facto) may be passed.

No poll tax or direct tax (e.g. a tax on land value; one paid directly to the government) may be imposed unless in proportion to the population of a state.

Congress may not tax articles exported from any state.

Congress may not give legal preference to some ports over others. Also, no ship bound to or from one state may be required to enter or pay taxes in another state.

Congress may only spend money drawn from the treasury and only to pay for appropriations made by law. Regular accounts of receipts and expenditures must be published.

Congress may not grant titles of nobility; nor may any U.S. office holder accept any gift, benefit, office, or title from any foreign state.

Article 1 Section 10

Limits on States under the Constitution

Powers Denied to the States

States may not form treaties or alliances, commission privateers, coin money, borrow money, allow paper money to be used for payment of debts, pass laws that punish people without trial, pass ex-post facto laws, pass laws that undermine contracts, or grant any title of nobility.

States may not impose duties on imports and exports except as needed to enforce inspection laws—and those monies will go to the U.S. Treasury.

No state may keep troops or ships of war in time of peace, form an alliance with another state or with a foreign power, or engage in war unless actually invaded.

Article II

Executive Branch

Article II Section 1

The executive power of the United States will given to the President. He will hold office for a term of 4 years and, along with the vice president,

Article II Section 2

Powers of the President

Powers Given to the President

Article 2 Section 2

Clause 1: The president will be commander in chief of the army and navy of the United States of the state militias.

Clause 2 (Advise and Consent Clause): He may require the heads of government departments to submit reports to him in writing. He also has the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

He has the power to make treaties, with the advice and consent of the Senate;

-to appoint ambassadors, consuls, judges of the supreme court, and other officers of the United States (except those listed in the constitution); These appointments must be approved by the Senate unless Congress decides that some inferior officers may be chosen by the president alone;

Clause 3(Recess Appointments): the president may fill vacancies in official positions when the Senate is in recess

Article II Section 3

Presidential powers continued

Duties of the President

Article 2 section 3

Clause 1: He shall give Congress information on the state of the union.

Clause 2: making recommendations to congress

Clause 3: He may, in extraordinary circumstances, convene both houses or either of them.

If they disagree about adjournment, he may also adjourn them to such a time as he may think proper.

Clause 4: He shall receive ambassadors and other public officials;

Clause 5:He shall take care that the laws be faithfully executed and shall commission officers of the United States.

Article II Section 4

The President, Vice President, and all civil [not military] officers of the United States shall be removed from office if they are impeached and convicted of treason, bribery, or other high crimes and misdemeanors.

Article III

Judiciary Branch

Article III Section 1

The judicial power of the United States shall be given to one supreme court, and also to inferior courts that Congress may establish. Judges will hold their offices during good behavior and will be paid.

Article 3 Sections 1 and 2

Section 1: The judicial power of the United States shall be given to one supreme court, and also to inferior courts that Congress may establish. Judges will hold their offices during good behavior and will be paid.

Section 2: Jurisdiction of the Supreme Court

-extends to all cases arising under the constitution, the laws of the United States, and in treaties made under their authority;

-also extends to cases affecting ambassadors, public officials, and consults;

-to all cases of admiralty or maritime jurisdiction;

-to cases in which the United States is a party;

-to cases between two or more states, between a state and citizens of another state; or between citizens of different states.

-to cases between citizens of the same state claiming lands under grants from different states, and cases between a state or the citizens of a state and a foreign country.

-In cases affecting ambassadors, public officials, and consults and those in which a state is a party, the supreme courts has original jurisdiction. In other cases, the supreme court acts as an appeals court.

-The trial of all crimes, except case of impeachment, will be by jury; and the trial will be held in the state where the crimes were committed.

Article III Section 2

Jurisdiction of the Supreme Court

Article III Section 3

Treason against the United States will consist of—waging war against them, or giving aid & comfort to U.S. enemies. No one may be convicted of treason without the testimony of two witnesses to the same act, or on confession in open court.

Article IV

outlines the relationship between each state and the others, and the several States and the federal government

Interstate Relations

Article IV

Section 1: Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings in every other state.

Section 2: The citizens of each state are entitled to all the privileges and immunities of citizens in the several states.

A person charged with a crime who flees to another state must be extradited to the state from which he fled.

No person who is bound to service or labor in one state (e.g. a slave) who flees to another state shall be discharged from their service or labor (e.g. because slavery is illegal in that state). They must be returned to the person to whom they owe service or labor.

Section 3: New states may be admitted by Congress to this union, but no new state may be formed inside the boundaries of another state. Nor can a new state be formed by existing states or parts of states joining together unless both the Congress and the relevant state legislatures consent.

Congress has the power to regulate the territories and other property belonging to the United States.

Section 4: The United States shall guarantee to every state in this union a republican form of government, and shall protect them from invasion; and if asked by the state legislature or governor also protect them against domestic violence.

Article IV Section 1

Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings in every other state.

Full Faith and Credit Clause

full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. and the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved and the effect thereof. Article 4 Section 1

Article IV Section 2

The citizens of each state are entitled to all the privileges and immunities of citizens in the several states.

Privileges and Immunities Clause (Comity)

prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel may plausibly be inferred from the clause.

Article 4 Section 2 Clause 1

Article IV Section 3

New states may be admitted by Congress to this union, but no new state may be formed inside the boundaries of another state. Nor can a new state be formed by existing states or parts of states joining together unless both the Congress and the relevant state legislatures consent.

Article IV Section 4

The United States shall guarantee to every state in this union a republican form of government, and shall protect them from invasion; and if asked by the state legislature or governor also protect them against domestic violence.

Article V

The is the procedure by which this constitution may be amended, requiring the consent of 2/3 of the House of Representatives, 2/3 of the Senate, and ¾ of the state legislatures to approve. Amendments may be initiated by the states or by Congress.

Article VI

The United States accepts responsibility for all debts contracted before this Constitution.

The Supremacy Clause

establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.

In conflict with the 10th amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Article 6 clause 2

McCulloch v Maryland

In this case, the Supreme Court held that Congress has implied powers derived from those listed in Article I, Section 8. The "Necessary and Proper" Clause gave Congress the power to establish a national bank.

Article 1 Section 8

-to borrow money;

-to coin money, regulate its value, and fix standard weights & measures;

-to establish post offices and post roads;

-to define and punish piracies and crimes on the high seas;

-to provide and maintain a navy;

-to make all laws that are necessary and proper for carrying out any of the above listed powers and other powers given to the government by this constitution.

House of Representatives Term Limit

Unlimited two-year terms

Senate Term Limits

Unlimited six-year terms

Appellate v Original Jurisdiction

Original Jurisdiction means the power of a court to hear a case for the first time.

Appellate Jurisdiction is a power of a court to review the orders of a lower/subordinate courts and may correct the orders of the lower courts if it deems necessary.

Amendment Process

Article V

The is the procedure by which this constitution may be amended, requiring the consent of 2/3 of the House of Representatives, 2/3 of the Senate, and ¾ of the state legislatures to approve. Amendments may be initiated by the states or by Congress.

Amendment 1

Freedom of Religion, Speech, and the press

Amendment 2

The right to bear arms

Amendment 3

The Housing of Soldiers

Amendment 4

Protection from Unreasonable Searches and Seizures

Amendment 5

Protection of the rights to life, liberty and property

Amendment 6

Rights of Accused Persons in Criminal cases

Amendment 7

Rights in Civil Cases

Amendment 8

Excessive Bail, fines, and punishments forbidden

Amendment 9

other rights kept by the people

Amendment 10

Undelegated powers kept by the states and the people

Establishment Clause

Amendment 13

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

Amendment 14

rights of citizenship

Amendment 15

voting rights for all races

Amendment 16

federal income taxes

Amendment 17

election of senators by popular vote

Establishment Clause & Free Exercise Clause

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise.

First Amendment

How does the 12th Amendment change the electoral college?

The Process whereby a President and a Vice President are elected.

The Twelfth Amendment stipulates that each elector must cast distinct votes for President and Vice President, instead of two votes for President. Additionally, electors may not vote for presidential and vice-presidential candidates who both reside in the elector's state—at least one of them must be an inhabitant of another state.

Selective Incorporation

The ability of the federal government to limit the states' lawmaking powers. Selective Incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights

Due Process Clause

Clause in the 5th amendment limiting the power of the national government; similar clause in the 14th amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law

Equal Protection Clause

The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws" (14th amendment)

How many votes are in the Electoral College?

538

How many electoral votes does it take to win?

270

Which case established Judicial Review?

Marbury v. Madison

Necessary and Proper Clause/Elastic Clause

to make all laws which should be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the united states, or in any department or officer thereof.

Article 1 Section 8 clause 18

Commerce Clause

Article 1 Section 8 Clause 3

the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

Spending Clause

Article I, Section 8, Clause 1

grants the federal government of the United States its power of taxation.