PSC Final

Article 1 is about

Legislative Branch

Article 2 is about

Executive Branch

Article 3 is about

Judicial Branch

Amendment I

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

Amendment II

Right to bear arms

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 respectively, or to the people.

Amendment XII

Electoral College.

The President is chosen by the HOUSE if there is a tie. VP is chosen by the Senate if there is a tie

Amendment XIII

Abolition of slavery

Amendment XIV

Citizenship, Due Process, and Equal Protection of the Laws

Amendment XV

Made it unconstitutional to deprive people the right to vote based on race, color or previous conditions of servitude

**Former slaves the right to vote (Males Only)

Amendment XVI

income tax

Amendment XVII

Popular Election of Senators

Where do you find the powers of congress

Article 1, Section 8

Name 4 Powers of Congress (one from Necessary and Proper Clause)

1. Lay and collect taxes

2. Regulate Commerce

3. Establish U.S. Postal System

4. Declare War

5.**Establish Laws which shall be necessary and proper for carrying out the enumerated powers**

Term length and limits of House of Reps

2 years, unlimited terms

Term length and limits of Senate

6 years, staggered 1/3 seats every 2 years unlimited terms

Justice Marshall's expanded which clause in McCulloh v Maryland

Necessary and Proper Clause (Elastic Clause) (Article 1, Section 8, Clause 18)

How does Marshall expand the meaning of the Necessary and Proper Clause in McCulloh v Maryland

Says it gives Congress implied powers along with the enumerated powers. As long as its within scope of constitution and means are appropriate and plainly adapted it is allowed under the N/P clause.

Effects of Marshall's expansion of N/P clause in McCulloh v Maryland

- Expanded Federal Power

-Established N/P clause is broad

- States cannot tax instruments of the federal government

Article 1, Section 9 (especially clauses 2-8)

Powers denied to congress

Powers Denied to Congress

The Writ of Habeas Corpus.

Bills of Attainder

Ex Post Facto Laws.

Imposing direct taxes without appointment

Granting titles of nobility

Article 1, Section 10

Powers Denied to the States

At least one of the powers denied to the states from article 1, section 10

No making treaties, alliances, or confederations

No Coining Money

Where are powers of the president found

Article II, Section 2

Powers of the President (and Clauses)

Commander in Chief Clause - Makes the President the commander in chief of the armed forces and state militias when called into federal service.

Pardon Clause - Allows the President to grant reprieves and pardons for federal crimes (except impeachment).

Treaty Clause - Gives the President power to make treaties with foreign nations, with approval of ⅔ of the Senate.

Appointments Clause - Allows the President to appoint ambassadors, judges, and other federal officers with Senate confirmation.

Recess Appointments Clause - Allows the President to temporarily fill vacancies when the Senate is in recess.

Duties of the President are found in

Article II, Section 3

Duties of the President (and Clauses)

State of the Union Clause - Duty to inform Congress about the state of the nation.

Recommendations Clause - Duty to recommend legislation and measures to Congress.

Convening Clause - Duty to convene Congress on extraordinary occasions.

Adjournment Clause - Duty to adjourn Congress if the House and Senate disagree on adjournment.

Receiving Ambassadors Clause - Duty to receive ambassadors and other public ministers (recognize foreign governments).

Take Care Clause - Duty to faithfully execute and enforce the laws.

Commissioning Clause - Duty to commission all officers of the United States.

Article III, Section 1 is about

Judicial Power

Judicial Power

the power to interpret laws, to determine their meaning, and to settle disputes that arise within the society. is vested in one supreme court and in such inferior courts as congress may establish

Article III, Section 2 is about

Jurisdiction

Original Jurisdiction

courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. Supreme Court cases with this jurisdiction involve cases affecting ambassadors and in which a state shall be a party

Appellate Jurisdiction

The authority of a court to review decisions made by lower courts. Supreme Court Cases with this jurisdiction include all other cases with such exceptions and regulations as congress shall make

Article IV is about

Interstate Relations

Clauses in Article IV

Full Faith and Credit Clause

Privileges and Immunities Clause

Extradition Clause

New States Clause

Property Clause

Guarantee Clause

Full Faith and Credit Clause 1, Section 1, Article IV

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

Example: marriage licenses, court judgments, etc., generally recognized across states.

Privileges and Immunities Clause 1, Section 2, Article IV

States may not discriminate against citizens of other states regarding fundamental rights.

Article V is about

Amendment Process

How to amend the constitution

Proposal (2 ways)

2/3 of both houses of Congress propose an amendment - This is how all current amendments were proposed.

OR, 2/3 of state legislatures ask Congress to call a constitutional convention to propose amendments (never used successfully yet).

Ratification (2 ways)

3/4 of the state legislatures approve.

OR 3/4 of state conventions approve (used for 21st Amendment).

Article VI has what located in it

Supremacy Clause

The Supremacy Clause says what

US Constitution is the supreme law of the land

How does the Supremacy Clause conflict with the 10th Amendment

When Congress passes a law under its enumerated powers (like the Commerce Clause), combined with the Supremacy Clause, that law overrides conflicting state laws.

States argue some powers are reserved to them (10th Amendment).

Courts decide whether Congress has properly used its enumerated powers + Necessary and Proper Clause, or whether it has overreached into reserved state powers.

Bill of Rights

Amendments 1-10

1st Amendment -

Five Freedoms

Religion, Speech, Press, Assembly, Petition

Two Clauses in the First Amendment

Establishment Clause

Free Exercise Clause

Establishment Clause

"Congress shall make no law respecting an establishment of religion..."

Government cannot create an official religion or favor one religion over another.

Free Exercise Clause

"...or prohibiting the free exercise thereof."

Government cannot interfere with people practicing their religion.

3rd Amendment -

Quartering Soldiers

No soldiers housed in private homes in peacetime without consent.

2nd Amendment -

Right to Bear Arms

Individuals have the right to keep and bear arms.

4th Amendment

- Search and Seizure

Protects against unreasonable searches & seizures.

Warrants require probable cause.

5th Amendment -

Rights of the Accused

No self-incrimination ("plead the Fifth").

No double jeopardy.

Due process (federal).

Grand jury indictment (federal cases).

Just compensation when government takes property (eminent domain).

6th Amendment -

Criminal Trial Rights

Speedy & public trial.

Impartial jury.

Right to attorney.

Right to confront witnesses.

7th Amendment -

Civil Trials

Right to jury in certain civil cases (federal).

8th Amendment -

Punishments

No cruel or unusual punishment.

No excessive bail or fines.

9th Amendment -

Unenumerated Rights

People have more rights than just those listed in the Constitution.

10th Amendment -

Reserved Powers

Powers not given to the federal government (and not denied to states) are reserved to:

The states, or

The people

Basis for states' rights vs. federal power debates (ties into Supremacy Clause issues).

12th Amendment

separation of votes for President and Vice President

How did the 12th amendment change the electoral college?

Electors cast separate votes for President and VP. If there is a tie for President then the house chooses among top 3. If there is a tie for VP then Senate chooses among top 2.

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

Basis for Selective Incorporation

14th Amendment Due Process Clause

Due Process Clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law- used for SI and many liberty related cases

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination- Basis for civil rights decisions

How many votes are there in the Electoral College

538

What it takes to win the Electoral College

270 electoral votes

Which Case Establishes Judicial Review

Marbury v. Madison

Extra Credit

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.