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Article I covers...
the powers of Congress
Article II covers...
the powers of the Executive
Article III covers...
the powers of the Judiciary
Article IV covers...
inter-state relations
Article V covers...
the methods of amendment
Article VI covers...
federal/national supremacy
Article VII covers...
historical ratification
Article I, Section II covers
House of Representatives (age requirement, term length, size)
Article I, Section III covers
Senate (age requirement, term length, size, etc.)
Article I, Section VIII covers
the enumerated powers of Congress
Article I, Section IX covers
the powers that Congress does NOT have
Article I, Section II, Clause I
Every representative in the House must serve a 2-year term
Article I, Section II, Clause II
The minimum age to serve in House is 25 years; representative must be a resident of the state they represent at time of election; resident must be a citizen (does not have to be natural born)
Article I, Section II, Clause III
The size of the house is determined by the Census (survey taken every 10 years of the number of people in each district) - 1 rep per district
Article I, Section III, Clause I
Senate is made up of 2 senators from each state, serving for 6 years each; each senator has one vote
Article I, Section III, Clause III
Senator must be
- at least 30 years of age
- 9 years a citizen
- a resident of the state in which they are elected
prior to being sworn in
Article I, Section III, Clause IV
The role of the Vice President is to preside over the Senate and cast the tie-breaking vote in the case of a tie
Article I, Section III, Clause VI
In impeachment trials, the House accuses (of high crimes and misdemeanors) and the Senate judges
Article I, Section VIII, Clause I
Congress has the power to lay and collect taxes
Article I, Section VIII, Clause III
Commerce Clause: Congress has the power to regulate the instrumentalities and channels of commerce and any product/good that has a cumulative effect on commerce
Article I, Section VIII, Clause IX
Congress may create inferior courts; i.e. every federal court except Supreme Court
Article I, Section VIII, Clause XI
Congress (only) has the authority to declare war and issue letters of marque and reprisal (authorization for private mercenary forces in war)
Article I, Section VIII, Clause XVIII
Elastic Clause: Congress may create any legislation that is necessary and proper to carry out all laws already passed
Article I, Section IX, Clause II
Congress CANNOT suspend the writ of Habeas Corpus (bring the body)
Article I, Section IX, Clause III
Congress cannot pass bills of attainder (bills punishing individuals without due process) or ex post facto laws (laws incriminating people for past legal actions)
Article I, Section IX, Clause IV
Direct taxes - Congress cannot make a capitation (tax on a person) or another tax unless it is in proportion to the Census
Article I, Section IX, Clause VI
Interstate commerce - Congress cannot give preference or special treatment, with respect to taxes or laws, to any port in the US
Article I, Section IX, Clause VIII
Congress may not bestow any titles of nobility or receive foreign gifts (emoluments)
Amendment I
Freedom of Religion, Speech, Press, Assembly, and Petition
Amendment II
Right of the people to keep and bear arms
Amendment III
No quartering of soldiers in peace or war
Amendment IV
Searches and seizures - People have a right to be secure in their home and persons (etc) and warrants (justification) shall not be issued without conviction of probable cause
Amendment V
Grand juries, due process, no double jeopardy, no self incrimination, and eminent domain
Amendment VI
Criminal court procedures - any person accused of crime has right to a fair and public trial
Amendment VII
Trial by jury in civil cases - either party has ability to request a jury trial in disputes of more than $20
Amendment VIII
No cruel or unusual punishment, no excessive bail
Amendment IX
People's rights are not restricted to those specified in the Bill of Rights
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people
Amendment XI
Suits against states - a state cannot be sued in federal court by by one of its own citizens, by a citizen of another state, or by a foreign country
Amendment XII
Election of President and Vice President - must be on separate ballots
Amendment XIII
Abolition of slavery
Amendment XIV
Citizenship, due process, and equal protection of the laws
Everyone born or naturalized here is a citizen; no state shall make or enforce any law which shall abridge the privileges OR immunities of citizens of the United States
Amendment XV
Made it unconstitutional to deprive people the right to vote based on race, color or previous conditions of servitude
Amendment XVI
Income taxes - Congress has power to lay and collect taxes on incomes
Amendment XVII
Popular (direct) election of senators by the people (modified Article I, Section III)
Amendment XVIII
Prohibition of alcohol
Amendment XIX
Women's right to vote
Amendment XX
Lame duck amendment - terms of president and vice president, senators and representatives end and successors begin at January 20 and 3 at noon respectively
Amendment XXI
Repeal of Prohibition - does not make alcohol legal everywhere, but allows states to decide
Amendment XXII
Two term limit for president
Amendment XXIII
Citizens living in D.C. have right to vote for pres and vice pres; D.C. has 3 presidential electors (used to have none)
Amendment XXIV
Abolition of poll taxes
Amendment XXV
Presidential disability and succession - vice president will succeed president in case of his incapability, death, or resignation
Amendment XXVI
Right to vote at age 18
Amendment XXVII
Allows voters/representatives to have some control over congressional pay raises
Article II, Section I, Clause V
The President must be born in the US, be at least 35 years old, and have lived in the US for 14 years
Article II, Section III
[The president] shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient
Article III, Section I
The judicial power of the United States is vested in one supreme Court; Congress has the authority to establish inferior courts
Article IV, Section I
Full faith and credit - All states must respect one another's laws, records, lawful decisions, judicial rulings, statutes
Exception: enforcing another state's criminal code
Article IV, Section II
Treatment of citizens - Citizens of each state have the same privileges AND immunities as those in another state in which they happen to be
Article V: What are the methods of amendment?
4 methods:
Proposing amendments (2)
- ⅔ vote of each chamber of Congress
- at the request of ⅔ of the states
Ratifying amendments (2)
- by the legislatures of ¾ of the states
- by the voters in ¾ of the states
Article VI, Clause II
Supreme Law of the Land (supremacy clause) - federal law takes precedence over all forms of state law
The Articles of the United States Constitution were ratified in
1789 (quiz question verbatim)
When were the first 7 Articles written and ratified?
Written in 1787 and ratified in 1790 (from lecture)
When was the Bill of Rights written and ratified?
Written in 1788 (roughly) and ratified in 1791 (from lecture)
When was the Constitution written and ratified?
Written in 1788 and ratified in 1791
Includes Bill of Rights (from lecture)
