U.S. Constitution: Key Concepts, Elements, and Processes

Republicanism

Power is hostile to liberty. Liberty is in the virtue of the people, but if virtue is corrupted, there is no liberty.

Belief that a country should be governed by its citizens through elected representatives, with an emphasis on serving the 'common good,' or public interest

Threats to Liberty

Luxury, Vice, Centralized government, Standing army.

Constitutionalism

The theory that a government's power should be limited by a fundamental set of rules, or a constitution, which establishes the guidelines for how the government is formed and operates, and how the people should live under its laws.

Federalism

Relationship between the national government and the states.

Checks and Balances

The constitution seeks to prevent any branch of the national government from dominating the other two.

Legislative Branch

Create laws, regulate interstate and foreign commerce, declare war, tax, spend, borrow money, and coin currency.

Executive Branch

Commander-in-chief of the armed forces, the ability to veto legislation, appoint officials, negotiate treaties (with Senate approval), grant pardons, and faithfully execute the laws.

Judicial Branch

Hear and decide cases involving the Constitution, U.S. laws, and treaties, as well as cases affecting ambassadors, maritime jurisdiction, and controversies between states or between the U.S. and citizens of different states.

Elastic Clause

Grants Congress the power to pass laws deemed 'necessary and proper' for executing its enumerated powers.

Supremacy Clause

The Constitution, U.S. laws made in pursuance of it, and all treaties are the 'supreme Law of the Land' and take precedence over any conflicting state laws.

State Powers (CAN)

Give full faith and credit to the public acts, records, and judicial proceedings of every other state.

State Powers (CANNOT)

Enter into any treaty, alliance, or confederation.

What the national government owes the states

The United States guarantees every state a republican form of government.

The United States protects each state from foreign invasion threats.

The United States aids states facing domestic violence upon request.

The state legislature or governor may request federal help when threatened.

First Amendment Rights

Freedom of religion, freedom of speech, freedom of the press, and the right to peaceably assemble and to petition the government.

Second Amendment

Right of the people to keep and bear arms in the context of a well-regulated militia.

Third Amendment

Restrictions on the quartering of soldiers in homes without the owner's consent in time of peace.

Fourth Amendment

Protection against unreasonable searches and seizures; warrants require probable cause and particular descriptions of place/persons/things.

Fifth Amendment

Right to Grand Jury indictment; protection against double jeopardy; protection against self-incrimination; guarantee of due process of law; requires just compensation for private property taken for public use.

Sixth Amendment

Rights in criminal prosecution: speedy and public trial; impartial jury; right to be informed of the accusation; right to confront witnesses; compulsory process for witnesses; right to Assistance of Counsel.

Seventh Amendment

Right to trial by jury in civil suits where the value in controversy exceeds twenty dollars.

Eighth Amendment

Protection against excessive bail, excessive fines, and cruel and unusual punishments.

Ninth Amendment

The enumeration of specific rights in the Constitution shall not be construed to deny or disparage others retained by the people.

Tenth Amendment

Powers not delegated to the U.S. nor prohibited to the States are reserved to the States, respectively, or to the people.

Representative Qualifications

Age 25 Years; Seven Years a U.S. Citizen; Must be an Inhabitant of that State when chosen.

Senator Qualifications

Age 30 Years; Nine Years a U.S. Citizen; Must be an Inhabitant of that State when chosen.

President Qualifications

Natural-born citizen; age 35 years; fourteen years a resident within the United States; cannot be elected more than twice.

Supreme Court Justice Qualifications

Justices hold their offices during good behavior; no specific age, citizenship, or residency requirements are listed.

Bill to Law Process

1. Bill must pass both the House of Representatives and the Senate. 2. The bill must be presented to the President. 3. If the President approves, he shall sign it, and it becomes a law. 4. If the President disapproves, he returns it with objections to the originating House. 5. That House enters objections in their journal and reconsiders the bill. If two-thirds agree, it is sent to the other House. 6. If approved by two-thirds of the second house, it becomes law. 7. If the President does not return the Bill within ten Days, it becomes a Law unless Congress's Adjournment prevents its return.

(WS) Terms of office (Representatives)

2 years

(WS) Terms of office (Senators)

6 years

(WS) Terms of office (President)

4 years

(WS) Terms of office (Federal Judges)

As long as they have good behavior

(WS) why the difference between the terms of office for senator and representatives

Senators represent whole states and serve longer terms for stability, while representatives serve shorter terms to stay responsive to local voters.

(WS) why do you think Federal judges have that term of office

Federal judges serve for life to ensure independence, allowing them to make decisions free from political pressure and uphold the Constitution even when rulings are unpopular.

(WS) How many Senators represent each state? How many Representatives?

Senators: 2

Representatives: Based in population

(WS) Who elects Senators (according to the original, not amended, Constitution)?

What ideas about representation are reflected in this provision?

The state legislature elects the senators.

Equality of states; state government representation.

(WS) Who elects Representatives?

What ideas about representation are reflected in this provision?

The people of the states elects the representatives.

Popular sovereignty means government power comes from the people; proportional representation bases representation on state population (determined by the Census); and "one person, one vote" ensures each district has roughly equal populations.

(WS) Who presides over the House of Representatives?

Speaker of the House

(WS) Who presides over the Senate? (And what does "presiding" mean here? what powers does this officer have?

The Vice President of the United States is President of the Senate.

Presiding means casting a vote only if they are equally divided.

The officer also opens presidential election votes and certificates

(WS) What powers does the Senate have that the House doesn't?

Why do you think these powers are reserved to the Senate?

Sole power to try all impeachments.

Advise and consent on Presidential treaties and appointments.

Chooses the Vice President if the Electoral College fails

The Senate checks the executive and judicial branches through its treaty and appointment powers, reflecting its role as a deliberative body that represents all states equally.

(WS) What powers does the House have that the Senate doesn't?

Why do you think these powers are reserved to the House?

The House has the sole Power of Impeachment.

All Bills for raising Revenue must originate there.

It chooses the President if the Electoral College fails.

The House chooses its Speaker and other officers

Because the House is closest to the people and more accountable.

(WS) How may the president Veto a law? How may Congress override that veto?

He returns the bill with Objections to the originating House.

Two-thirds of both Houses must agree to pass the Bill.

(WS) Explain the process for impeaching and removing the president

The House of Representatives has the sole power of Impeachment.

The Senate has the sole Power to try all Impeachments.

When the President is tried, the Chief Justice shall preside.

Removal is for Treason, Bribery, or high Crimes, Misdemeanors.

Conviction requires the concurrence of two thirds of the Senate present.

Judgment may extend to removal and disqualification from office

(WS) Explain the process for electing the President (according to the original constitution)

States appoint Electors equal to their total representation in Congress.

Electors vote for two persons, one from a different State.

Electors list votes, certify, and send sealed lists to the Senate.

The Senate President opens certificates; votes are counted before Congress.

Greatest vote count wins the presidency if it is an electoral majority.

If there is no majority, the House chooses President from the five highest.

House voting is by states; each State has one vote.

Next greatest number of electoral votes becomes the Vice President.

If Vice President tie, the Senate chooses by Ballot.

(WS) List three kinds of laws that CANNOT be passed by congress.

No Bill of Attainder Law shall be passed.

No ex post facto Law shall be passed.

No law respecting an establishment of religion shall be made

(WS) How is War declared?

Congress declares war through a majority vote in both chambers.

(WS) What are the constitutionally given powers of the president? Are there any actions taken by Presidents that seem to exceed their constitutional limits?

Constitutional powers of the president:

Enforce laws

Serve as commander in chief

Make treaties (with Senate approval)

Appoint officials and judges

Grant pardons

Veto bills

Examples of exceeding limits: Some presidents have expanded power through executive orders, military actions without formal war declarations, or broad emergency powers, raising concerns about going beyond constitutional bounds.

(WS) How are the treaties made?

The President has the power to make Treaties.

This requires the Advice and Consent of the Senate.

Two-thirds of the Senators present must concur

(WS) How are treaties ratified?

Requires Advice and Consent of two-thirds of Senators present

(WS) Explain the process for amending the Constitution.

Amendments are proposed if two-thirds of both Houses deem them necessary.

Or, Congress calls Convention if two-thirds of States apply.

Congress proposes whether States use Legislatures or Conventions for ratification.

The amendments are valid when ratified by three-fourths of the several States.

(WS) Article VI, Paragraph 2, is the "Supreme Law of the Land clause." What does it say?

Constitution, laws, and treaties are the supreme Law of the Land

(WS) Article I, Section 8, Paragraph 18, is the "elastic clause" or the "necessary and proper clause." What does it say?

To make all Laws necessary and proper for executing powers.

(WS) How can we see Amendments III and IV as reactions against the actions of the british military during the lead-up to (and during) the Revolutionary War?

Amendments III and IV reflect colonists' anger at British abuses—soldiers being quartered in homes (III) and warrantless searches and seizures (IV). They were designed to protect privacy and property from government intrusion.

(WS) When someone says they "Plead the fifth," what exactly are they referring to in the fifth amendment?

Not compelled in any criminal case to be witness against himself

(WS) If you were an opponent of "Big Government" ( Meaning big federal government), which amendment might you invoke in order to support your argument that the government was overstepping states' rights?

Amendment X reserves powers not delegated to the federal government

(WS) If you believed you were too harshly punished by law enforcement for a minor offense, which amendment would you invoke to support your case that your rights were violated?

Amendment VIII

(WS) If you believe that a law enforcement officer cannot randomly stop you and search your property without reason or cause, which amendment might you invoke to support your case that your rights are violated?

Amendment IV

(WS) Identify all the correct statements below

The constitution...

A. provides for a system we call " Federalism" that divides power between different levels of government

B. can only be amended by a new constitutional convention, which has never been called.

C. outlines three branches of government in which all three branches check or somehow balance powers with the others

D. set a clear date by which time slavery will be eliminated throughout the US

E. goes into greatest detail on the functioning and powers of the legislative branch

F. establishes English as the national language.

A, C, E