Constitution and its Amendments

Article 1, Section 1

Establishes that congress holds all legislative powers, and that congress is comprised of a House and Senate

Article 1, Section 2

Creates House of Representatives with reps elected every two years, requires reps to be 25 and citizens for 7 years, also have to live in the state they represent, ⅗ compromise for districting populations, establish census every ten years starting from 1790, requires each state to have one rep, establishes first numbers of rep for each state, writs of election to replace a rep if vacancy, House chooses own Speaker and impeachment

Article 1, Section 3

Creates Senate, each state has two senators that are elected every 6 years and each get one vote, after first election senators are in three classes and terms expire every two years to stagger terms for the future (after first senate all stay in for 6 years) senators are chosen by state legislature and when vacancies occur either the state legislature chooses a replacement or the leader of state legislature chooses when there is a recess until recess is done, Senators have to be 30 and citizens for 9 years, VP is head of senate but only votes as a tie breaker, Senate picks pro tempore, Senate tries impeachments with at least ⅔ present when POTUS is being tried Chief Justice has to preside, Impeachment leads to removal from office and no longer being allowed to hold office with convicted being able to be tried under law in addition to being impeached (but not by congress)

Article 1, Section 4

State controls elections for senate and reps, Congress can alter rules for election but not location for electing senators, Congress must meet at least once a year on the first Monday in december

Article 1, Section 5

Each house determines if the members are qualified, a majority of members must be present to act but smaller groups can compel other members to show up, Houses create their own rules and can kick out members with ⅔ vote, Houses have to record proceedings and release them unless there is a matter of secrecy with each legislators vote recorded if ⅕ of the voters want them recorded, without the permission of the other House they can not meet for more than 3 days or in another location

Article 1, Section 6

Congress determines its members’ pay, paid from the Treasury, members can not be arrested unless Treason, Felony, and Breach of the Peace occur while congress is in session and when they are going to and from congress, members can’t be interrogated for anything said in congress, members can not be appointed to an office that was either created or had a wage increase while they were in office, also no one who holds a federal office can be a member of congress

Article 1, Section 7

Funding and revenue bills have to start in the House but can be amended by the senate, after passing House and Senate a law must be approved by the president, if they don’t approve it is sent back to congress with the president’s objections, if both houses pass with a two thirds majority it becomes law with all votes recorded in journal, if the president doesn’t respond to the bill after ten days it is automatically law unless congress meets during that period which then vetoes the bill, the president has to approve congressional actions except for amendments

Article 1, Section 8

Congress has these powers: borrow money, regulate foreign trade, laws on citizenship, laws on bankruptcy, regulate currency, punishment for counterfeiters, post offices, promote scientific and art progress through financial grants and protect copyrights, create lower courts, regulate sea based crime, declare war and control confiscated property from foreign vessels, to have military for two years, navy, regulate government land and navy with full control and some constitutional laws don’t apply to soldiers, create militias and suppress insurrections and invasion, control militias while states appoint officers and train them, full authority over ten square mile capital district, make all needed laws to carry out powers of congress

Article 1, Section 9

Congress can not: ban the importation of slaves before 1808, get rid of Habeas Corpus (right to knowledge of why you are being arrested) unless rebellion or invasion necessitates it, pass bill of attainder (punishing a person w no trial), ex post de facto laws (making acts criminal after they happen or increase penalty), no direct (mainly property) taxation unless proportionate to population, tax state exports or favor a port, states can’t tax each other, public money can only be spent through the passage of a law, grant titles and no person holding office can accept any gifts from a foreign power without congressional approval

Article 1, Section 10

States can not: make treaties, grant marques and reprisal, make money, pass bills of attainder or ex post de facto laws, void contracts after they had been signed, grant titles, control imports and exports and add duties, hold a standing army and go to war

Article 2, Section 1

President and VP have executive power for four years, states have electors that are the same as the number of representatives and senators but none of the electors can hold office, Electors vote for two people in their states and at least one of the people voted for can not be from that state, votes are recorded and sent to the senate and counted in front of both houses, if there are multiple people with majorities the House votes for president with at least ⅔ of the House president and senate does tie breaker if there is still a tie, congress decides when electors are chosen, only natural born citizens who have lived in the US for 14 years and are at least 35 can be president, vp becomes president if president is unable to hold office, congress can vote in new acting president if both are incapacitated, the President is paid the same amount of money for his whole term and can not hold another paying office while president, presidential oath “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Article 2, Section 2

President is Commander in Chief of the Armed Forces, their is a cabinet made up of the heads of civilian departments, the president can grant pardons except for impeachments, can make treaties w/ ⅔ approval from the Senate, appoints ambassadors, consuls, and supreme court judges, Congress determines if inferior appointments belong to president or department heads or both, president fills vacancies during senate recess

Article 2, Section 3

President gives state of the union, speaks to foreign ambassadors, makes sure laws are followed, and controls if nominees take office

Article 2, Section 4

All officials convicted of Treason, Bribery, or other crimes are removed on impeachment

Article 3, Section 1

Judicial power is granted to SCOTUS and lesser courts, Judges receive payment which remains the same throughout their office

Article 3, Section 2

Judicial power is given to cases of US law and constitution, treaties, and conflicts with diplomats, also with the government and people from different states, trials must be by jury in the state the crime was committed

Article 3, Section 3

Treason is only trying to fight against the US or helping enemies, requires at least two witnesses or a confession to be convicted, descendants of someone convicted of treason cannot be punished for the crime

Article 4, Section 1

States have to respect the laws from other states

Article 4, Section 2

States have to give all US citizens the same privileges, states have to extradite people convicted of crimes in another state, fugitive slaves can not be helped and have to be returned to their original state

Article 4, Section 3

Congress has to approve of new states and new states can’t be formed from other states without the approval of the state legislature, Congress controls US properties and territories

Article 4, Section 4

States have republican governments and the government protects them from invasions or rebellions

Article 5

Congress can propose amendments with ⅔ of congress or hold another constitutional convention with ⅔ of state legislatures, amendments become part of the constitution when ¾ of the states approve it through legislature or conventions, congress picks the way they are ratified, no amendments can ban the slave trade or direct taxation before 1808, and no amendment can change equal representation in the senate

Article 6

All pre constitution debts are still in effect, Constitution is the law of the land, all legislatures and judicial and executive officers are held to uphold the constitution and no religious test can be a qualifier to office

Article 7

The constitution is in effect when ratified by 9 states

Amendment 1

Congress cannot restrict freedom of religion, freedom of speech, freedom of the press, or the right to freely protest and call for governmental change

Amendment 2

Right to bear arms and to have a well regulated militia

Amendment 3

Quartering of soldiers can not be in private homes without consent

Amendment 4

No unreasonable searches and seizures, search and seizures require warrants with probable cause

Amendment 5

Right to due process, civilians have a right to a grand jury of 23 to determine if there is enough evidence to accuse someone of a serious crime and issue an indictment, defendants can not be tried again after acquittal (double jeopardy), people can not be forced to incriminate themselves, people can not be denied natural rights without due process, and private property can not be seized without compensation

Amendment 6

Accused have the right to speedy and just trials, trials must be public and must be tried by a jury of their peers, defendants must know why they are being accused and be able to challenge witnesses in court and have their own witnesses, as well as right to counsel

Amendment 7

In civil cases there also must be a jury, judges can’t try to influence the jury

Amendment 8

No unreasonably high bail or fines and no cruel and unusual punishment

Amendment 9

There are unenumerated rights in the constitution which still belong to the people

Amendment 10

States hold all powers not given to the US or banned from states in the Constitution

Amendment 11

States can not be sued in federal courts by citizens of different states or other countries

Amendment 12

Electors vote for president and vice president separately, Senate president certifies votes before congress, if there is a tie House chooses from top three candidates with each state having one vote, if there is no new president before March 4 the VP is acting president, the senate chooses from the top two vps in the event of a tie, and no one ineligible to become president can be president

Amendment 13, Section 1

Slavery and involuntary servitude are illegal unless as punishment for a crime

Amendment 13, Section 2

Congress can use the law to enforce the 13th amendment

Amendment 14, Section 1

Everyone born in the US or naturalized are citizens, states can’t make laws that deprive the rights of citizens, states can’t remove natural rights of anyone without due process or take away equal protection under the law

Amendment 14, Section 2

Representatives are based on total population and if a state restricts the right to vote for male citizens over 21 unless they rebelled the amount of representatives is based on the number of male citizens over 21

Amendment 14, Section 3

No one can hold US office if they previously participated in insurrection or rebellion while under oath of office

Amendment 14, Section 4

US is not responsible for the debts incurred by rebels against the us

Amendment 14, Section 5

Congress can enforce the 14th amendment with legislation

Amendment 15, Section 1

The right to vote cannot be denied based on race

Amendment 15, Section 2

Congress can use legislation to enforce the 15th amendment

Amendment 16

Congress can place income taxes not based on the population size

Amendment 17

People directly vote for senators for 6 years with each senator having 1 vote, states issue elections for vacancies

Amendment 18, Section 1

Manufacturing, sale, and transportation of alcohol as well as importation and exportation is banned

Amendment 18, Section 2

Congress and states can enforce the 18th with laws

Amendment 18, Section 3

The 18th must be ratified within 7 years

Amendment 19

Right to vote cannot be denied on the basis of sex

Amendment 20, Section 1

President and VP terms end at noon on Jan 20 and congress terms end on Jan 3

Amendment 20, Section 2

Congress have to meet at least once a year on Jan 3

Amendment 20, Section 3

VP elect is president if president elect dies before inauguration, VP elect is president if president is unqualified and if neither is qualified Congress appoints president until there is someone qualified

Amendment 20, Section 4

If a chosen president by the House dies before inauguration congress appoints someone

Amendment 20, Section 5

Sections 1 and 2 of the 20th go into effect on Oct 15 after ratification

Amendment 20, Section 6

The 20th must be ratified within 7 years

Amendment 21, Section 1

Rescinds the 18th amendment

Amendment 21, Section 2

States and territories can’t import or transport alcohol in violation of state law

Amendment 21, Section 3

21st must be ratified within 7 years

Amendment 22, Section 1

Presidents can not be elected more than twice and two years or more of a term counts as a term

Amendment 22, Section 2

22nd must be ratified within 7 years

Amendment 23, Section 1

DC gets three electors

Amendment 23, Section 2

Congress can enforce 23rd with laws

Amendment 24, Section 1

Bans poll tax

Amendment 24, Section 2

Congress can enforce the 24th

Amendment 25, Section 1

If president is removed or resigns or dies, VP is president

Amendment 25, Section 2

If there is no VP president nominate replacement to be approved by congress

Amendment 25, Section 3

If president informs Senate Pro Tempore and Speaker in writing that he is unable to be president, VP is acting president until president is able again

Amendment 25, Section 4

If vp and majority of the heads of departments sign a written declaration that the President is incapable, the VP is acting president until president sends written declaration they are capable but the VP and majority of executives or congress can within 4 days respond that president is incapable, within 21 days congress has to vote and if ⅔ say president is incapable VP remains acting president

Amendment 26, Section 1

Citizens 18 and above have the right to vote

Amendment 26, Section 2

Congress can enforce the 26th

Amendment 27

The wages for legislatures can not be changed until a Representative election has happened