Chap 1 The Constitution and Amendments

The Preamble

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Why do we have a Preamble?

explains the core purpose, goals, and source of authority for the constitution.

Article I

establishes the legislative branch; gives congress the power to make laws, sets the rules for electing lawmakers, and lists specific powers that the federal government hold

The two bodies of congress

House of Representatives

Senate

Term length of a senator

6 years

Term length of a representative

2 years

Age to be a representative

25 years

Age to be a senator

30 years

T/F House of Representatives holds the power of impeachment

True

T/F The senate has the power to hold trial and remove impeached officials

True

How much of congress needs to support a bill to pass if the president vetoes it (in other words, how much to override the president’s veto?)

2/3 of both the house and senate

What are some of the 18 powers listed out in Article I?

1) collect taxes to pay debts and provide for the common defense and general welfare.

2) borrow money on the credit of the United States.

3) regulate commerce

4) establish uniform rules for citizenship and uniform laws on bankruptcies.

5) coin money, regulate and fix its value

6) provide punishment for counterfeiting

7) establish post offices

8) promote science and useful arts

9) create federal courts that are inferior (subordinate) to the Supreme Court.

10) define and punish piracies, felonies committed on the high seas, and offenses against the law of nations.

11) declare war and make rules concerning captures on land and water.

12) raise and support armies

13) provide and maintain a navy

14) make rules for the government and regulation of the land and naval forces

15) call forth the militia to execute federal laws, suppress insurrections, and repel invasions.

16) organize, arm, and discipline the militia, and govern the parts employed in federal service.

17) exercise exclusive legislation over the national capital district and federal enclaves

18) make all laws necessary and proper for carrying out all other powers vested by the Constitution

Which power of the legislative branch is the most important?

Necessary and Proper Clause: make all laws necessary and proper for carrying out all other powers vested by the Constitution

Article II

establishes the executive branch; office of the President, sets the qualifications and term lengths for the president and vice president, and outlines the executive powers and duties

Age to be president

35 years

Role of the president in the military

chief of the army and navy

T/F Congress cannot approve treaties with foreign countries

False

Under what conditions can president be removed from office?

impeachment, bribery, treason, and other high offenses

T/F Congress can not approve ambassadors and judges that have been appointed

False

What other qualifications must a person have to be president?

must be a natural-born citizen; must live inside the U.S. for 14 years

Article III

establishes judicial branch of the federal government; gives congress the power to create lower federal courts, sets the rules for federal judges, and defines the scope of federal court power

Term length of the president

4 years

Term length of a Supreme Court justice

forever, as long as they are in good standing with laws

T/F the judicial power extends to treaties and disputes between states

True

T/F the courts oversee treason

True

In Article VI, which branch has the power to admit new states into the union?

congress/legislative

In Article V, how are new constitutional amendments proposed?

• National Convention: 2/3 of the state legislatures (so 34 out of 50 states) can petition Congress to call a national convention to propose amendments

• Congressional Vote: 2/3 of both the House of Representatives and the Senate must vote to propose an amendment

After being proposed by either method, an amendment must be ratified by 3/4 of the states (so 38 out of 50 states)

What phrase in Article VI results in the name “the supremacy clause”?

the consitution and laws are “supreme laws of the land”

In Article VII, how many states were needed to ratify the consitution?

12/13

Bill of Rights

the first 10 amendments

1st Amendment

The five freedoms: speech, petition, religion, press, and assembly

2nd Amendment

The right to bear arms

3rd Amendment

Restricts the government from forcing citizens to house soldiers

4th Amendment

Protects people from unreasonable searches and seizures of property.

5th Amendment

Protects people from being forced to give evidence against themselves, face unfair second trials, or lose their life, freedom, or property without fair legal rules (Miranda rights)

6th Amendment

Guarantees the right to a speedy and public trial by an impartial jury, and the right to legal counsel (lawyer)

7th Amendment

Guarantees right to a jury or bench

8th Amendment

Prohibits cruel and unusual punishments

9th Amendment

Clarifies that people retain other fundamental rights not explicitly listed in the Constitution

10th Amendment

Reserves any powers not specifically granted to the federal government to the states or to the people

The Constitution

a document that sets up the country's national government and protects the basic rights of the people

Veto

chief executive’s power to reject a bill passed by the legislature

11th Amendment

Limits when a state can be sued in federal court

12th Amendment

Creates separate Electoral College votes for President and Vice President

13th Amendment

Abolishes slavery and involuntary servitude, with a criminal-punishment exception

14th Amendment

Defines citizenship, due process, equal protection, representation, insurrection disqualification, and public debt

15th Amendment

Protects voting rights regardless of race, color, or previous enslavement

16th Amendment

Gives Congress power to tax income without apportioning the tax among states

17th Amendment

Makes Senators directly elected by the people

18th Amendment

Banned alcohol manufacture, sale, and transportation for beverage purposes

19th Amendment

Protects voting rights regardless of sex

20th Amendment

Sets when presidential and congressional terms begin

21st Amendment

Repeals the 18th Amendment

22nd Amendment

Limits Presidents to two elections

23rd Amendment

Gives Washington, D.C. Electoral College votes

24th Amendment

Bans poll taxes in federal elections

25th Amendment

Establishes rules for presidential succession and inability

26th Amendment

Lowers voting age to 18

27th Amendment

Delays congressional pay changes until after an election