The United States Constitution Articles

Article I Legislative Branch Section 1: Two-House Legislation The Congress of the United States of America is a bicameral legislature. The Senate is made up of 100 senators (two senators per state). The House is made up of 435 representatives (representation based on population).

Article I Legislative Branch Section 2: House of Representatives Representatives are elected every two years. A representative must be at least 25 years old, citizen for ate least seven years, and a resident of the states that elected them. Governor of the state calls special elections to fill vacancies in that state’s representation. The House elects its own officers. The Speaker of the House is the head of the majority party in power.

Article I Legislative Branch Section 3: The Senate Senate elections are arranged so that one third of the senators are elected every two years for six-year terms. A senator must be at least 30 years old, citizen for at least nine years, and a resident of the states that elect them. The Vice President is the President of the Senate, but only votes to break ties.

Article 1 Legislative Branch Section 3: The Senate Continued… The Senate elects its own officers. The President pro tempore or temporary President is the head of the majority party in power. This person presides over the senate when the Vice President is not there. Note: The order of succession is President, Vice President, Speaker of the House, President pro tempore of the Senate, and Secretary of State (Cabinet position).

Article 1 Legislative Branch Section 3: The Senate Continued… The Senate tries all impeachment cases. The senate confirms all presidential appointments, including Supreme Court Justices, and ratifies all treaties. Section 4: Elections and Meetings Election regulations are left to the states, and Congress must meet at least once a year.

Article I Legislative Branch Section 5: Rules and Procedures Each house must have a majority of members present (quorum) to conduct business (50 percent, plus one). Each house may make rules for its members. Members may be expelled by a two-thirds vote. Neither house may suspend the session for more than three days or move it to a different location without the permission of the other house.

Article 1 Legislative Branch Section 6: Privileges and Restrictions Members cannot be sued or arrested for anything they say in Congress. Section 7: Lawmaking Process All money bills must begin in the House.

Article I Legislative Branch A bill passed by both houses of Congress goes to the President. If the President approves the bill, it becomes law. If the President veto's a bill, it goes back to Congress. Congress may pass a veto by a two-thirds vote. A bill becomes a law if the President holds it unsigned for 10 days, unless Congress adjourns in the meantime (pocket veto).

Article I Legislative Branch Section 8: Powers Granted to Congress Collect taxes, pay debts, borrow money, regulate trade, coin money, build post offices and roads, set up federal courts, declare war, and make all laws “necessary and proper.” (this is known as the elastic clause). The “elastic clause” allows Congress to make laws not specifically mentioned in the Constitution.

Article I Legislative Branch Sections 9: Powers Denied to the Federal Government Illegally imprison people, pass laws of unfair punishment, pass any direct taxes (the exception is the income tax amendment), tax exports, and pass any law that would favor the trade of a particular state.

Article II Executive Branch Section 1: President and Vice President The President is the chief executive, who holds office with the Vice President for a four-year term. The President is elected by an electoral college made up of electors appointed by the states. The number of electors each state may have is equal to the number of its senators and representatives.

Article I Legislative Branch Section 10: Powers Denied to the States Make treaties, coin money, tax imports or exports without the consent of Congress.

Electoral College The number of electors is equal to the number of senators (100), plus the number of representatives (435), plus three electors for Washington DC, which brings the total number of electors to 538. The candidate who wins 270 or more electoral votes becomes the President of the United States. Whomever wins a state’s popular vote wins the electoral votes from that state.

Electoral College Clinton won the popular vote in Illinois; therefore, she received the 20 electoral votes from Illinois. Technically, the electors can vote for whomever they want. However, most states have laws that stipulate that the electors must vote for whomever won the state’s popular vote.

Electoral College The results of the election showed that Trump won 306 electoral votes (62,792,756 popular vote) and Clinton won 232 electoral votes (65,431,654 popular vote). Thus, Trump won the electoral votes but Clinton won the popular votes. This is the fifth time that a candidate who won the popular vote lost the election. The elector college convenes on December 19, 2016 to officially cast their ballots. These results will be announced when the new Congress convenes on January 3, 2017.

Article II Executive Branch Section 1: President and Vice President Continued… The President must be a natural-born citizen of the United States, at least 35 years old, and a resident of the United States for at least 14 years. A natural born citizen is not defined in the Constitution. It is believed to mean those born in the United States, or those who meet legal requirements for United States citizenship at the moment of birth, regardless of place of birth. Before taking office, the President swears to uphold and defend the Constitution of the United States of America.

Article II Executive Branch Section 2: Power of the President The President is the commander in chief of the armed forces. The President can grant delays of punishment and pardons for offenses against the United States, except in impeachment cases. The President has the power to make treaties and to appoint ambassadors and other officers. The senate must approve such appointees.

Article II Executive Branch Section 3: Duties of the President The President is required to report to Congress annually on the condition of the nation. This is known as the State of the Union Address. The President must receive ambassadors and carry out the laws to the United States (enforce the laws).

Article II Executive Branch Section 4: Impeachment and Removal from Office President, Vice President, federal judges, and Cabinet member, can be removed from office for major offenses (high crimes) and certain minor offenses. When attempting to remove a government official from office the majority of both chambers of Congress must agree to impeach (accuse) this government official for wrong doing. The impeachment trial takes place in the Senate. The Chief Justice of the Supreme Court presides over the trial. If found guilty (one-state-one-vote), this official is removed from office.

Article III Judicial Branch Section 1: The Federal Courts The right to decide legal cases is given to a Supreme Court and other lesser courts authorized by Congress. Federal judges hold office for life. Supreme Court, Court of Appeals, and District Courts make up the federal court system. The Supreme Court has nine Justices and one Justice is elected the Chief Justice of the Court.

Article III Judicial Branch Section 2: Jurisdiction of the Federal Courts The federal courts try all cases involving the Constitution, federal laws, and treaties. The federal courts also try cases in which there are lawsuits involving the federal government, or lawsuits involving two different states or citizens of different states. Cases involving ambassadors or officials of foreign nations or those involving states are tried directly in the Supreme Court. Most cases begin in the lower courts but may be appealed to the Supreme Court.

Article III Judicial Branch Section 3: Treason It is considered an act of treason to wage war against the United States or to give aid to its enemies. Congress may decide the punishment for traitors, but it may not punish the families of convicted traitors by taking away their civil rights or property

Article IV The States and the Federal Government Section 1: State Records Official acts of one state must be recognized as legal by all other states. Section 2: Privilege and Immunities of Citizens States must treat citizens of another state as fairly as their own citizens. A state governor may demand the return of a criminal who had left to another state (extradition)

Article IV The States and the Federal Government Section 3: New States and Territories Congress has the power to admit states to the Union. Section 4 Guarantees to the States The federal government guarantees to each state a republican form of government, protection against invasion, and protection against disturbances within the state.

Article V Amending the Constitution An amendment can be proposed by a two-thirds vote of both houses of Congress or by a national convention called by two-thirds of states. Amendments must be ratified, or approved, by three-fourths of the state legislatures or by special conventions in three-fourths of states (Congress decides which method will be used).

Article VI General Provisions The Constitution, federal law, and the treaties of the United States are the supreme law of the land (sometimes this is referred to as the supremacy clause of the Constitution). Federal laws outweigh state laws

Article VII Ratification of the Constitution The Constitution well take effect when its is approved by nine states. The Constitution went into effect on March 4, 1789.

Amendments to the Constitution The first ten amendments are known as the Bill of Rights. Amendment 1(1791): Freedoms of Speech, Press, Assembly, and Petition. Congress may not make laws interfering with these freedoms. Amendment 2 (1791): Right to Bear Arms. The states have the right to maintain national guard units.

Amendments to the Constitution Amendment 3 (1791): Lodging Troops in Private Homes. Troops cannot be lodged in private homes during peace time. Amendment 4 (1791): Search and Seizure. People are protected against unreasonable searches and arrests.

Amendments to the Constitution Amendment 5 (1791): Rights of the Accused A person cannot be tried for a capital crime (a crime punishable by death) unless charged by a grand jury. A person cannot be tried twice for the same crime. A person cannot be forced to testify against himself or herself. A person cannot be deprived of life, liberty, or property except by lawful means. The government must pay a fair price for property taken for public use.

Amendments to the Constitution Amendment 6 (1791): Right to a Speedy Trial. A person accused of a crime has a right to a speedy public trial by jury. A person accused of a crime has a right to information about the accusation, and to help from the court in bringing favorable witnesses to the trial. A person accused of a crime has a right to the aid of a lawyer.

Amendments to the Constitution Amendment 7 (1791): Trial by Jury in Civil Cases. In a civil lawsuits involving more than $20, the right to a jury trial is guaranteed. Amendment 8 (1791): Bail and Punishment. Bails, fines, and punishments cannot be unreasonable. Amendment 9 (1791): Power Reserved for the People. The basic rights of the people, even those not specified in the Constitution, cannot be denied.

Amendments to the Constitution Amendment 10 (1791): Powers Reserved for the States. The powers not given to the federal government are to be held by the states or by the people. Amendment 13 (1865): Abolition of Slavery and Enforcement. Slavery is prohibited. Congress can pass laws to carry out this amendment.

Amendments to the Constitution Amendment 14 (1868): Definition of Citizenship. All citizens are guaranteed equal protection of the law. This amendment has important implications for minority groups and immigrants. Amendment 15 (1870): Voting Rights This amendment gave African American men, both former slaves and free blacks, the right to vote.

Amendments to the Constitution Amendment 16 (1913): Income Tax. Congress has the power to tax people’s income. This amendment changes Article I, Section 3, Clause 4 that states Congress cannot levy direct taxes. Amendment 18 (1919): Prohibition. The manufacture, sale, and transportation of alcoholic beverages was forbidden. This amendment was repealed by Amendment 21 (1933).

Amendments to the Constitution Amendment 19 (1920): Women’s Suffrage. Women have the right to vote. This amendment was ratified in time for women to vote in the presidential election of 1920. Amendment 22 (1951): Presidential Term Limits. The President is limited to two terms in office. Amendment 24 (1964): Abolition of Poll Taxes. No citizens can be made to pay a tax for the right to vote in a federal election.

Amendments to the Constitution Amendment 26 (1971): Voting Age. Eighteen-year-olds are given the right to vote. Amendment 27 (1992): Congressional Pay Increases. If members of Congress vote themselves a pay raise, that increase cannot go into effect until after the next congressional session.