Notes on the U.S. Constitution

The U.S. Constitution

Preamble

  • Establishes the goals and purpose of the government.

  • 6 main goals of the framers:

    • To form a more perfect union.

    • To establish justice.

    • To insure domestic tranquility.

    • To provide for the common defense.

    • To promote general welfare.

    • To secure the blessings of liberty to ourselves and our posterity.

Structure of the Constitution

  • Divided into 7 Articles to organize government:

    • Article I: Legislative Branch

    • Article II: Executive Branch

    • Article III: Judicial Branch

    • Article IV: The States

    • Article V: Amending the Constitution

    • Article VI: Supremacy of the Constitution

    • Article VII: Ratification

Separation of Powers

  • Powers shared between the States and Federal Government.

  • Prevents tyranny by ensuring that no one branch abuses its power.

Federalism: Sharing the Power

  • Powers of National Government:

    • Maintain MILITARY

    • Declare war.

    • Coin money.

    • Regulate trade.

    • Make all laws necessary & proper (Elastic Clause).

  • Powers of State Government:

    • Conduct elections.

    • Establish schools.

    • Regulate business and marriages within the state.

  • Concurrent Powers (shared): Enforce laws, establish courts, borrow money, protect people, build roads, collect taxes.

Checks and Balances

  • Each branch of government can check the power of the others:

    • Legislative Branch: Can override a President's veto, approve treaties, impeach President and federal judges.

    • Executive Branch: May veto bills, call Congress into special session, appoint judges.

    • Judicial Branch: Interprets laws, declares laws unconstitutional.

Legislative Branch (Congress)

  • Composed of two houses:

    • House of Representatives (435 members)

    • Term of office: 2 years.

    • Must be at least 25 years old, a U.S. citizen for 7 years, and reside in the district represented.

    • Senate (100 members)

    • Term of office: 6 years.

    • Must be at least 30 years old, a U.S. citizen for 9 years, and reside in the state represented.

House of Representatives Specifics

  • Members up for re-election every 2 years.

  • Reapportionment based on census, which is taken every 10 years.

  • Gerrymandering: Redrawing district lines to benefit a particular party; considered illegal.

Senate Specifics

  • Senators chosen by state legislatures until the 17th Amendment allowed direct election by the people.

  • President of the Senate is the Vice President; can only vote in case of a tie.

  • The Senate holds the sole power to try impeachments.

Election Procedures

  • Elections held on the first Tuesday after the first Monday in November.

  • A quorum must be present to conduct business.

Powers of Congress

  • Include the ability to levy taxes, regulate commerce, declare war, etc.

  • Revenue bills must originate from the House.

Amending the Constitution

  • Requires approval from 2/3 of both houses of Congress or 2/3 of the states.

  • Amendments must be ratified by 3/4 of the states.

Judicial Branch

  • Contains one Supreme Court and inferior courts.

  • Judges have life tenure and cannot have their salaries decreased.

  • Jurisdiction: Federal courts hear cases involving the Constitution, treaties, and controversies between states.

Bill of Rights (Amendments 1-10)

  • 1st Amendment: Freedom of Religion, Speech, Press, Assembly, and Petition.

  • 2nd Amendment: Right to keep and bear Arms.

  • 3rd Amendment: No quartering of soldiers without homeowner's consent.

  • 4th Amendment: Protection against unreasonable searches and seizures.

  • 5th Amendment: Protection against double jeopardy and self-incrimination, and guarantees due process.

  • 6th Amendment: Right to a speedy and public trial.

  • 7th Amendment: Right to a jury trial in civil lawsuits.

  • 8th Amendment: Protection against excessive bail and cruel and unusual punishment.

  • 9th Amendment: Individuals have rights beyond those listed in the Constitution.

  • 10th Amendment: Powers not delegated to the federal government or denied to the states are reserved to the states or the people.

Additional Amendments

  • 13th Amendment: Abolishes slavery.

  • 14th Amendment: Guarantees citizenship and equal protection under the law.

  • 15th Amendment: Prohibits denial of voting rights based on race.

  • 19th Amendment: Grants women the right to vote.

  • 26th Amendment: Lowers voting age to 18.

  • 27th Amendment: Delays laws affecting Congressional salary until after the next election.