American Government: Constitution Basics

AMERICAN GOVERNMENT: CLASS NOTES

PART 1: CONSTITUTION BASICS

LIMITS ON GOVERNMENT
OTHER LIMITS ON NATIONAL GOVERNMENT
  • The 25th Amendment
    • Purpose: Provides a mechanism for removing a President from power when they cannot "discharge the powers and duties of his office."
    • Circumstances for Removal: May occur due to temporary illness, injury, mental incapacity, or other reasons affecting the President’s ability to fulfill duties.
    • Self-removal: A President can voluntarily remove themselves from power by submitting a written letter to both the Senate and the House of Representatives.
    • Cabinet and Vice President: The Vice President (VP) and Cabinet can declare a President unable to perform duties, resulting in the VP becoming the "Acting President."
    • Restoration: The President may petition Congress to regain power after being declared unable to perform.
    • Vacancy of Vice Presidency: The amendment clarifies that the VP becomes President in cases of death, resignation, or removal of the sitting President. The President can also appoint a new VP if vacated, subject to confirmation by both houses of Congress.
POWERS DENIED TO THE NATIONAL GOVERNMENT (Article I, Section 9)
  • Ex-post facto laws: Prohibits retroactive laws that change the legal consequences of actions that were committed before the law was enacted.
  • Titles of Nobility: Prevents the government from creating aristocratic titles.
  • Tax on Exports: Restriction against taxing exports from the United States.
  • Suspension of Habeas Corpus: Maintains the right of individuals to challenge their detention in court unless in cases of rebellion or invasion.
THE BILL OF RIGHTS
  • Purpose: Limits government authority by protecting individual freedoms.
  • First Amendment: Protects freedom of expression, encompassing religion, speech, the press, assembly, and petition.
  • Second Amendment: Affirms the right to bear arms.
  • Fourth Amendment: Protects individuals against unreasonable searches and seizures.
  • Fifth Amendment: Offers protections for the rights of the accused, including the right to due process.
  • Sixth Amendment: Guarantees the right to a fair trial.
  • Eighth Amendment: Protects against cruel and unusual punishment.
LIMITS ON EACH BRANCH OF THE FEDERAL GOVERNMENT
LEGISLATIVE BRANCH
  • Method of Removal:
    • Expulsion: Each house of Congress can expel its own members with a 2/3 vote.
    • Conditions: A member can only be expelled by their own house, i.e., a House member cannot be expelled by the Senate and vice versa.
EXECUTIVE BRANCH
  • Impeachment Process:
    • Part 1: The House files charges, which can be drafted by the House Rules or House Judiciary Committee.
    • Vote: The House must approve