CONSTITUTION
1) Five main bases
- Based on separation of powers. legislative, executive
- Checks and balances, not one branch can get more than the other 2.
- document of limitations, what shal and what the government shall not do
- not a living document it is a fixed document
- It is made to change via the consitituon
- The main body articles 1-7
- It was originally elected to check the power of the federal government
- The vice president isn’t really there in the senate only to break a tie.
to be int he houses you have to be about 25 years of age and a resident of the area you represent. It makes sense because people’s needs are different and states are different from one of another
- The senate you have to be 30 and a resident. It is more powerful than the house because the states are the most powerful, influence in discussion and debate. United. States. they are united. They don’t want to be swayed by popular sentiment
- Section 3, talks about the senate, they can try all impeachments. Impeached means to accuse. The house can accuse someone but then it goes to the senate and try’s the individual, but it may likely not go through, it needs to be approved, checks and balances, balancing. To make things legal, the house and the senate need to use decorum, 1 over half. To prove a person guilty it takes 2/3, two thirds majority. To step process, even if you find the person guilt the only thing you can do is kick them out of office that is up to the state to do.
- Andrew Johnson, Richard Nixon, Obama, and Clinton. They were all found innocent except for Nixon he left before they could try him. Most impeachment proceedings have been toward federal judges.
- Section 5 (article 1), the house and the senate have to keep a daily journal
The legislature has a set term, during that time neither of them can take a vacation for more than 3 days, with the exception of holidays.
- Section 6 (Article), no senator or officer, can hold more than 1 office job, you can’t double dip. Your pay cannot increase while you're in office from term to term.
- Section 7 (Article 1), the term bill is a law before it becomes an official, I’m just a bill song 😉 ! when the bill goes to the president he has 3 options, he can sign it off, veto it (specifically state why he doesnt like it), or ignore it. He has 10 days not counting sundays. Legal business cannot be done over the weekend because of relgious context jewish and christian sabath. If the president vetos it, it goes back to the house and the house has 3 options, they can start over, produce a new bill that addresses the concerns of the president, or override the veto (you need 2/3 of the house and senate), most of the time congress doesn’t like the president vetoing everything it creates bad publicity for both sides, so they most likely sign rarely doesn’t decline. If they ignore it, it becomes a law, pocket vetoing.
- Section 8 (Article 1), tells congress what they are supposed to do. Bill post offices, post roads, issue stamps, standardized weights and measures, day to day stuff, declare war, raise and support armies, maintain a navy, promote the progress science and art. The most important is to make all laws necessary and proper, Necessary and proper means
- Section 9 (Article 1), they can’t deny habeas Corpus, you can’t pass an expost facto law ( for ex, if congress wants to make a law if you do something is a crime, after January 1st you can’t own a car with a Japanese tag on it, if you do you have to give up the car and fined, if you bought it legally before you cannot be accused of breaking the law, you cant punish people for doing what has become illegal when they did it when it was not legal.) You can’t tax exports from states (anytime a state exports a good to some other place, the government cannot tax it, only exports.) There can be no title nobility, no kings, no nerls. If it’s a case to put a title it has to have the consent of congress, its only custom, not permanent (honorary). No nobility in the US,
- Section 10 (Article 1), anything the federal government can do, the states CAN’T do. (For ex, California can’t have its own money). Prohibition of the states.