history constitution quest

framers’ goals

* Establish legitimacy
* Create appropriate structures
* Describe and distribute power
* Limit government powers
* Needed to make sure there weren’t too many limitations because it would make federal government too weak (Articles of Confederation made it so federal government couldn’t do anything)
* Allow for changes

preamble

* Introduction to the Constitution
* Explains what they are intending to ensure happens through the creation of the Constitution
* When they had to establish their new government’s legitimacy, they had to set out their theory of government in the Declaration of Independence
* New government had to meet the standards of legitimacy referred to in the Declaration
* Right to rule came from consent of the governed
* “We the people” give consent to be governed
* Government’s main job is to protect the rights of people
* Contract between citizens and government stated clearly in Preamble
* Power of the government comes from people of America not the states
* Articles of Confederation put power in states and did not align with the country’s founders
* Lists things the people want to happen by establishing the new government under the Constitution

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* Reminder of what government is supposed to be and the rights promised to Americans


* Still need to amend it
* Why it is a living Constitution

perfect union

1. The government needs to create a government that has states work together in a fair and equal way.

* Unifying all states, citizens, and people
* Want to form a more perfect union than the one prior (Articles of Confederation)

justice

1. The government must create and maintain laws that are fair and just for all citizens.

* Creating a fair system
* Making an equal system
* The government should act as a majority (not just small sections)

domestic tranquility

1. The government has to maintain peace within the country.

* Keep safety and security in the nation (trust the government)

common defense

1. The government needs to supply the country’s armies with items needed to protect the country against attacks from other countries.

* To protect the people
* Federal government’s responsibility is to protect everybody
* Establish army, navy, military, etc

general welfare

1. The government must work towards maintaining or improving all citizens’ health, happiness, and overall well-being.

* Protect people’s health
* Protect citizens’ rights
* The government is taking care of people, not harming

blessings of liberty

1. The government has to protect people’s rights that were outlined in the Declaration of Independence, including freedom.

* Protect basic rights
* Keep people’s rights protected now and in the future
* Ensure freedom that was secured by the Revolution

legislative branch

* Framers of Constitution believed Legislative branch was the most important part of the government
* Most directly represents the people and responds to them
* More reelections than other branches
* Representational part of democracy

legislative purpose

1. The purpose of the Legislative Branch is to make or change laws.

* In charge of making the laws for the country (federal level) or changing existing laws

bicameral

Bicameral means to have a body consisting of two branches or chambers. The Legislative Branch has the Senate and the House of Representatives.

representative term

1. Each Representative will serve for two years.

* Only two years because it is truly representative of the people
* Representatives need to actually reflect and be concerned about the issues people were concerned about
* Keeps representatives more honest/do what you’re supposed to do

representative age

1. The minimum age for a Representative is twenty-five years old.

representative citizen

1. A Representative must have been a citizen for at least seven years.

enumeration

1. An enumeration is the action of listing or mentioning things one by one. We need to have one to know how many Representatives should be representing each state based on their population.

* Enumeration is the action of establishing the number of something
* Count the total population of each state
* How we ensure the government continues to truly represent the people accurately
* Populations change over time (influx of birth or immigration or moving)

representative number

1. The total number of Representatives in the House today is 435.

* Massachusetts has 9 Representatives in the House
* Nine districts
* Ayanna Pressley

representative replacement

1. A Representative who has died before their term is over is replaced using Writs of Election to fill their spot made by the Executive Authority.

* The governor holds a special election and the vacancy is filled (different for Senate)

head of house of representatives

1. The title given to the Head of the House of Representatives is Speaker.

* New speaker of the house is Kevin McCarthy
* Because the last election cycle shifted from a democratic majority to a republic majority (was Nancy Pelosi)

impeachment

1. To impeach means to charge a person in power, in this case, the President, with misconduct.

* It only says that the house has the sole power to impeach
* Impeachment is only the formal charge/accusation (not conviction) of criminal behavior or serious misbehavior
* The House of Reps can officially accuse/levy an accusation to the nation’s chief executive (President) of one or more wrongdoings that warrant possible removal from office
* Rules for impeachment are not in Constitution
* Constitution says that anything/rules (about impeachment) not outlined in the Consitution for both houses can be determined by each house
* The Constitution gives the House of Reps general authority to structure the rules of its own proceedings (extend to proceedings concerning impeachment)
* Easier to change processes because it is not outlined in the Constitution

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* House Impeachment Process:
* Initiation of the process
* A member/members usually submit a resolution
* Judiciary Committee (within House) investigation, hearings, and markup of articles of impeachment (if deemed necessary - write full charges)
* Full House consideration
* Full house needs to read and consider
* If approved → need to appoint members to serve as managers to present and argue case to Senate

senators per state

1. There are two senators per state in the Senate.

senators number

1. There are 100 senators today since there are 2 from each of the 50 states.

* Massachusetts Senators are Elizabeth Warren and Ed Markey (both Democratic)

senator term

1. Each senator will serve for six years.

* The framers were thinking about how their government was just very unstable (not long lasting or effective)
* Feared instability
* Don’t want both House Reps and Senators to change every two years
* Don’t want both President and them all be elected at same time

senator reelection

1. A third of the senators are up for reelection every two years, which is about 33 senators.

* Don’t want the entire government to change all at once
* Framers believed Legislative Branch was most important
* Want stability, consistency, understanding, and knowledge
* Staggered terms of Senators so only ⅓ is reelected at one time
* Senate was meant to be the more important part of Legislative Branch

senator replacement

1. If a Senator dies before their term is over, the governor of their state can appoint a replacement to complete the term or until an election is held.

senator age

1. The minimum age for a senator is 30 years old.

* Higher bar to run for Senator
* More stable force in government, older = have more experience and knowledge

senator citizen

1. A senator must have been a citizen for at least 9 years.

head of senate

* The title given is President of the Senate

president of senate vote

1. They have a vote if the Vice President of the United States is not there.

* They have a vote if the Senate is divided in a vote

president of senate absent

* The President pro tempore serves in their place if they are absent
* other senators pick the president pro tempore

senate impeachment

1. The Senate acts as the High Court of Impeachment to consider evidence, hear witnesses, and vote in terms of conviction.

* They’re like a jury
* Vote to acquit or convict the impeached official
* Chief Justice of the Supreme Court acts as Judge if it is a presidential impeachment

senate impeachment conviction

1. To convict a person who has been impeached, two-thirds of the Senate need to have voted.

* ⅔ majority = super majority
* Over 50% = simple majority

impeachment punishments

1. The punishment upon conviction is removal from office and disqualification from holding public office in the future.

* No appeal process for impeachment (already been tried by highest court)

congress meetings

1. Congress must meet at least once every year.

* Typically meet more than that

quorum

1. A quorum is the minimum number of people from governing bodies who meet to exercise their powers.

* The minimum number of people who need to be present
* If a majority is present, then you have a quorum

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* Only need to have a quorum present if someone requests a quorum call
* If not there, they have to end the meeting/session until a quorum is present

house journals

1. Each House has to publish the journal of the sessions’ events from time to time.

representative salary

1. Representatives receive a salary that is paid by the Treasury.

congress members

1. Members of Congress cannot be arrested while it is in session.

* A member cannot be questioned by a legal authority about any speeches or debates in Congress unless it is about the following exceptions
* If there is a case that involves government proceedings during a congressional session being held, they can’t do it unless it is a case involving a serious crime

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1. The exceptions include treason, felony, and breach of the peace.

* Only if someone has been charged with any serious crime

congress cannot

1. While serving in office, members of Congress cannot be appointed to any civil office under the authority of the United States.

* Many people held a lower office (governor of state, etc) so they cannot continue it after their campaigning

congress powers

* collect taxes
* borrow money
* regulate commerce
* create bankruptcies laws
* coin money and standardize its weight and measure
* punish counterfeiters
* create post offices
* create copyright laws
* set up inferior courts
* punish piracy
* declare war
* create and pay for armies
* create and pay for a navy
* make rules for military
* send military into action
* organize militia

government place

* Washington D.C. (District of Columbia)

elastic clause

1. The elastic clause is what grants Congress the power to pass any laws needed to carry out their other powers.

* Congress can make any laws they deem necessary to continue carrying out the governing of the nation
* Considered one of the most important powers Congress has been given

congress cannot

* Can’t suspend habeas corpus (write to a trial if convicted of a crime/trial in general)
* Exception is a case of rebellion or invasion
* No bill or attainder or ex post facto law
* Cannot create new laws in states or federal government and try to convict someone that was previously legal when they did the crime
* No capitation shall be laid
* No “head” tax just for being a person in the country
* Historical: can’t interfere with slave trade/migration or importation of people
* Could not prohibit it (guarantee that slavery would continue until at least 1808 when it could be readdressed)
* How framers got the south to agree to Constitution
* No preferences shall be given (all states are equal)
* No drawing money from treasury unless a bill/law is passed saying they can
* No titles of nobility shall be granted

states cannot

* create a treaty or alliance with other countries
* coin or make money
* put a tax on imports or exports unless Congressional permission
* create an army or navy
* make attacks upon another country

president term

1. Each president will serve for a term of 4 years.

* Can rerun for two terms
* November 5, 2024

president citizen

1. The President needs to be a natural-born citizen and has been a resident for at least 14 years.

president age

1. The president must be at least 35 years old.

* JFK was youngest president and was 43
* Teddy Roosevelt was the youngest to hold office at 42
* Joe Biden was the oldest at 78

president replacement

1. The vice president will take over if the president dies.

* This has happened 9 times in our country’s history

president salary

1. The president receives a fixed salary that cannot change during the time of their office.

oath of office

1. The President needs to swear: "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."

* Sworn at the presidential inauguration in January

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* President is elected by the electoral college

president powers

* commander and chief of US army and navy
* grant reprieves (cancel or postpone the punishment of someone convicted of a federal offense)
* grant pardons (formally forgive someone convicted of a federal offense)
* make treaties with other countries with 2/3 senate approval
* appoint ambassadors to other countries with senate approval
* president can make temporary appointments if senate isn’t meeting

state of the union address

1. The State of the Union Address is an annual message delivered by the President to Congress that outlines the political agenda, plans, and review of the nation.

* Report to Congress on the state of the country

president duties

* give state of the union address
* call special sessions of congress (if not meeting)
* adjourn congress or stop it from meeting
* meet with ambassadors and public ministers form other countries
* execute the laws
* commission/appoint officers and judges

executive branch

execute the laws

\n Recent State of the Union was February 7, 2023

* Executive branch (president and vice president) consult all of them
* Two cabinet-level positions the president is responsible for appointing


* Urban development
* Homeland security
* Secretary of Labor
* Secretary of State
* Attorney General
* Secretary of the Interior
* Administrator of the EPA
* US Trade Representative

Supreme Court

1. The highest court is the Supreme Court.

* They get the final say and have the most power

inferior courts

1. Congress can establish inferior courts.

* Inferior means less than supreme

judge term

1. A judge serves for their lifetime.

* Only exception is if they were convicted of a federal offense or deemed unfit
* Supreme Court is the only Federal position with that power that is a lifetime appointment
* Citizens do not have a say as to who is put into the positions
* Appointed by President
* receive a salary

Supreme Court justices

* Clarence Thomas (longest serving)
* John Roberts (chief justice)
* Samuel Alito Jr.
* Sonia Sotomayor
* Elena Kagan
* Neil M. Gorsuch
* Brett Kavanaugh
* Amy Coney Barrett
* Ketanji Brown Jackson (most recent serving)

jurisdiction

1. Jurisdiction is the official power to make legal decisions or judgments.

* The extent of the power to make legal decisions and judgments

jurisdiction of the supreme court

1. The jurisdiction of the Supreme Court is original when a state is party and appellate for all other cases.

* When a state is one of the parties in a case
* A case affecting an ambassador, other public ministers, and consuls (all government officials) goes to Supreme Court
* Only when it is in relation to their role in government
* Most cases that go to Supreme Court is through the appellate court system

appellate court

1. Appellate court is the court that hears and reviews appeals of legal cases that have been heard and ruled on in a lower court.

* The higher court that hears and reviews appeals of legal cases that have been heard and ruled on in a lower court
* Almost every single legal decision can go through the appeal process and go to a higher court
* Typically goes all the way to Supreme Court when it is dealing with the Constitutionality of a law
* Supreme Court usually reviews laws that will affect lots of people

judicial power

the authority to hear cases involving disputes over the law or behavior of people (outlined in Constitution)

judicial review

*  a court’s passing judgment on the constitutionality of a law or government action that is being disputed (not mentioned/no explicit description in the Constitution but people say it is implied)
* The most important thing the Supreme Court does because it makes checks and balances and keeps laws Constitutional
* Article 6 Section 2 says that the Constitution is the supreme law of the land and that federal law is above state law
* If only Constitution was law of the land then rights would not always be protected
* Marbury vs Madison 
* State sued the federal government for interfering with state laws
* Supreme Court ruled it was their responsibility to rule on whether state laws were Constitutional
* Power of judicial review was granted during court case