Con Law: Chandler - Key Const. Clauses + 27 Amendments

Constitution - Article Summary

Article I - Establishes Legislative Branch

Article II - Establishes Executive Branch

Article III - Establishes Judicial Branch

Article IV - State Relations

Article V - The Amendment Process

Article VI - The Supremacy Clause & Oaths

Article VII - Ratification

Article I, Section 10 - Bills of Attainder

"No State shall... pass any... pass any Bill of Attainder"

Article I, Section 10 - Contracts Clause

"No State shall... pass any... Law impairing the Obligation of Contracts"

Article I, Section 10 - Ex Post Facto Clause

"No State shall... pass any... ex post facto Law"

Article I, Section 10 - Restrictions on States

Prohibits States from entering treaties, passing ex post facto laws, bills of attainder, or laws impairing the obligation of contracts.

Article I, Section 8, Clause 18 - Necessary and Proper Clause

"To make all Laws which shall 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."

McCulloch v. Maryland (1819) - interpreted "necessary and proper" broadly as "convenient" or "useful"

Article I, Section 8, Clause 3 - Commerce Clause

"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"

Article I, Section 8, Clause 5 - Coinage Clause

Grants Congress the power to coin money and regulate its value.

Article I, Section 9 - Bill of Attainder & Ex Post Facto Laws Prohibition

Prohibits Congress from passing bill of attainder laws (that punish individuals without a trial) or ex post facto laws (retroactively criminalize actions).

Article IV, Section 1 - Full Faith and Credit Clause

Requires states to recognize the public acts, records, and judicial proceedings of other states.

Article IV, Section 2, Clause 1 - Privileges and Immunities Clause

Prevents states from unfairly and unreasonably discriminating against citizens of other states, especially on an economically protectionist basis.

Article VI, Clause 2 - Supremacy Clause

Federal Law Primacy - Establishes that the Constitution, federal laws, and treaties are the supreme law of the land, overriding state laws.

""This Constitution, and the Laws of the US . . . shall be the supreme Law of the Land."

1st Amendment (1791)

Freedom of Religion, Speech, of the Press, Assembly, and Petition

2nd Amendment (1791)

Protects the people's right to bear arms

3rd Amendment (1791)

No soldier can be quartered in a home without the permission of the owner (Not yet Incorporated)

4th Amendment (1791)

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause

5th Amendment (1791)

Protects rights of due process and the right to remain silent ("plead the 5th"), double jeopardy, just compensation for takings (Partially Incorporated - Indictment by Grand Jury Not Incorporated)

6th Amendment (1791)

The right to a fair and speedy trial by a jury of one's peers, to have witnesses and to give a defense (Partially Incorporated - vicinage not yet incorporated)

7th Amendment (1791)

The right to a trial by jury in civil cases for amounts of $20 or more (Not Incorporated)

8th Amendment (1791)

Prohibits excessive bail, excessive fines, and cruel and unusual punishments (Partially Incorporated - excessive bail not yet incorporated)

9th Amendment (1791)

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

10th Amendment (1791)

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.

11th Amendment (1795)

Determines when and if a state can be sued, states cannot be sued by people from other states or by foreigners

12th Amendment (1804)

The Electoral College must vote for the President and the Vice President separately

13th Amendment (1865)

Abolished slavery and involuntary servitude

14th Amendment (1868)

Makes anyone born on US soil a citizen and guarantees equal protection under the law

15th Amendment (1870)

Gave all men the right to vote regardless of race or color or whether they had been slaves

16th Amendment (1913)

Created an income tax and gave the Federal government the power to collect it

17th Amendment (1913)

Creates the direct election by the people of Senators

18th Amendment (1919)

Prohibition of the drinking, manufacture, and sale of alcohol

19th Amendment (1920)

Gave women the right to vote

20th Amendment (1933)

Gives details on the terms of office for Congress and President; shortens "lame duck" period (time between election and inauguration)

21st Amendment (1933)

Repealed the 18th amendment (prohibition)

22nd Amendment (1951)

Limits the president to two terms in office (or 10 years)

23rd Amendment (1961)

Gave Washington, D.C. representatives in the electoral college so that citizens of D.C. could participate in the electoral process, even though it is not an official state

24th Amendment (1964)

Prohibited the poll tax

25th Amendment (1967)

Explains what happens when the President dies or is unable to continue in office (Succession)

26th Amendment (1971)

Sets the national voting age at 18, cannot be set any higher,

27th Amendment (1992)

Any changes in Congressional salaries will take place after the next term starts

5th Amendment - Due Process Clause

Limit federal government's powers - "No person shall . . . be deprived of life, liberty, or property, without due process of law."

5th Amendment - Takings Clause

"nor shall private property be taken for public use, without just compensation." Barron v. Baltimore: Limits Federal Government takings, not State Governments."

13th Amendment (1865) - Summary

Section 1: Abolish Slavery and Involuntary Servitude in US Jurisdiction.

Section 2: Power to Enforce

14th Amendment (1868) - Due Process Clause

Limited the states' powers - No State shall . . . deprive any person of life, liberty, or property, without due process of law.

14th Amendment (1868) - Main Purpose

to get rid of slavery and the consequences of slavery

14th Amendment (1868), Section 1 - Birthright Citizenship

"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

14th Amendment (1868), Section 1 - Due Process

"nor shall any State deprive any person of life, liberty, or property, without due process of law;"

14th Amendment (1868), Section 1 - Equal Protection Clause

"...nor [shall any State] deny to any person within its jurisdiction the equal protection of the laws."

14th Amendment (1868), Section 1 - Privileges and Immunities

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;"

14th Amendment (1868) - Summary

Section 1: Birthright Citizenship; Privileges and Immunities; Due Process; Equal Protection

Section 2: Representation

Section 3: No office holders who engaged in insurrection

Section 4: Slavery/Rebellion Debts void

Section 5: Power to enforce

Article I, Section 8, Clause 1 - Taxing Power

Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States

Article II, Section 4 - Impeachment

"The President, Vice President and all civil Officers of the US, shall be removed from Office on Impeachment for, and conviction of, Treason, Bribery, or other high Crimes and

Misdemeanors."

Article II, Section 2 - Appointments Clause

He shall have Power... and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States...

Article II, Section 2 - Treaties

"He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;"

Article II, Section 2, Cl. 3 - Recess Appointments Clause

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.