Preamble

• defines the purposes of the government to:

  • ensure justice and peace

  • provide defense

  • promote the well-being of people

  • promote greater cooperation between states

  • secure liberty

Articles

• Article I (Legislative)

  • Sets up House of Representatives and Senate (Section 1-3)

  • Explains elections (Section 4)

  • Outlines powers of Congress (Section 8)

  • Denied powers of Congress and the States (Section 9-10)

• Article II (Executive)

  • Sets up President and Vice President (Section 1, Cause 1)

  • Explains electoral college and number of electors for states (Section 1, Clause 2)

  • Explains president's powers and duties (Section 2)

  • Mentions impeachment

• Article III (Judicial)

  • Terms of office in courts (Section 1)

  • Jurisdiction of the courts (Section 2)

  • Punishment for treason (Section 3 Clause 2)

• Article IV (Relationships Between States)

  • Each state must respect other states (Section 1)

  • Privileges of citizens (ex: extradition) (Section 2, Clause 1-2)

  • Admission of new states and territory (Section 3)

  • Protection of States (Section 4)

• Article V (Amending the Constitution)

  • How to amend the constitution

  • 2/3 vote in each house of Congress to propose amendment, or 2/3 of state legislatures call a convention to prose amendment

  • Ratified if 3/4 of states ratify it or 3/4 of Conventions

• Article VI (Prior Debts, National Supremacy Clause, and Oaths of Office)

  • New government would honor debts gained (Clause 1)

  • Supremacy of federal law over state law - supremacy clause (Clause 2)

  • Allegiance to the Constitution (oaths of office) (Clause 3)

• Article VII (Ratification)

  • Ratification of Constitution requires 9 states

Two powers denied to Congress

• Migration or Importation of slaves cannot be prohibited by Congress before 1808 (Section 9, Clause 1)

• No preference given to ports in the U.S. (Section 9, Clause 6)

Two powers denied to the States

• Cannot enter any treaty, alliance, or confederation with foreign states (Article 1, Section 10, Clause 1)

• No state shall keep a standing army or navy (Article 1, Section 10, Clause 3)

Important Clauses

• Commerce Clause (Article I, Section 8, Clause 3)

  • Gives Congress power to regulate foreign and interstate trade

• Necessary and Proper Clause (Article I, Section 8, Clause 18)

  • The basis for implied powers

• Supremacy Clause (Article VI, Section 2)

  • Federal law has supremacy over state laws

• Habeas Corpus Clause (Article I, Section 9, Clause 2)

  • You must know why you’re being detained or arrested

• Bill of Attainders (Article I, Section 9, Clause 3)

  • Allows the government to punish a party for a supposed crime without going through the trial process

• Ex Post Facto Laws (Article I, Section 9, Clause 3)

  • You can’t increase a crime’s punishment after someone has already been convicted

• Full Faith and Credit Clause (Article IV, Section 1)

  • Each state must recognize and respect the laws, public records, and court decisions of other states

• Due Process Clauses (Article V and 14th Amendment)

  • Government cannot take a persons right to life, liberty, or happiness without due process of the law

  • You cannot be held for a crime unless it is specifically said for the law that you committed a crime

• Equal Protection Clause (14th Amendment)

  • Government Cannot deny anyone equal protection of the law

Checks and Balances

• Vetoes

  • Congress can override a presidential veto

  • 2/3 vote margin is required to override a presidential veto

  • In the Constitution, veto power is describe in Article I, Section 7, Clause 2

• Treaties

  • Senate can ratify treaties

  • 2/3 margin required to ratify treaties

  • In the Constitution, this ratification power is described in Article II, Section 2, Clause 2

• Impeachment

  • The House of Representatives has the power to impeach the president

  • 2/3 vote of Senate is required to impeach

  • The standard of impeachment is conviction of treason, bribery, or other high crimes or misdemeanors

  • In the Constitution, impeachment power is described in Article I, Section 2-3

• Electoral College

  • If no presidential candidate wins a simple majority of the total number of electoral votes, the House of Representatives has the power to choose president

  • A simple majority (26/50) of states

  • In the Constitution, the Electoral College is described in Article II, Section I as well as the 12th Amendment

• Amendments can be proposed through

  • 2/3 of both houses

  • 2/3 of states call a convention

• Two ways amendments can be ratified are through

  • legislators of 3/4 of states

  • 3/4 of state conventions

Important Amendments

• 1st Amendment

  • PARPS: Petition, Assembly, Religion, Press, Speech

• 9th Amendment

  • Citizens have rights even not listed in the Constitution

• 10th Amendment

  • Powers not given to the U.S. by the Constitution and not prohibited to the states are reserved to the states or the people

• 14th Amendment

  • Applied the Bill of Rights to the states

  • Citizens would have protection against the federal government as well as the states (equal protection under law)

  • Citizenship for freedmen

• 15th Amendment

  • All men over 21 (regardless of race) can vote

• 19th Amendment

  • Women’s right to vote

• 26th Amendment

  • Right to vote at 18