The Constitution of the United States of America

The Preamble We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

Article I- Congress Sec. 2- Representative Qualifications –Representative qualifications 25 years old Seven years living in the U.S. Inhabitant of state Serve 2 year period –Each state gets at least one Representative –Mandate Census taken every ten years –3/5 Clause under this section since slavery affects population

Article I- Congress Section 3- Senate Qualifications –Each state receives two senators –Senators chosen by state legislatures 1913 – 17 th amendment –30 years of age, nine years in U.S., state resident –Vice President is President of the Senate –Serve six year term Impeachment –House impeaches, Senate tries impeachments

Article I- Congress – 6 th finished Section 7- Passing laws –Both House and Senate must approve of bills to become laws –Revenue bills must originate in House –Vetoes Passing bills over President’s veto –2/3 vote required

Article I- Congress Section 8- Congressional Powers –Tax –Borrow money, pay debt –Interstate commerce –Coin money –Declare war –Issue patents

Article I- Congress The Elastic Clause (Necessary & Proper Clause) –Article I, Section 8, Clause 18 –To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Article I- Congress Section 9- Congressional Prohibitions –Bill of Attainder – legislative act that inflicts punishment without a court trial –Ex Post Facto Law – law created after the fact –No Nobility – no titles of nobility –Habeas Corpus cannot be suspended

Article I- Congress Section 10- State Prohibitions –States may not make treaties or alliances –Cannot coin money –Engage in war except for invasion

Article II- The Presidency President/ Vice President Term of Office –4 years, repeating Qualifications –35 years old –14 years resident of U.S. –Natural born Citizen

Article II- The Presidency Electoral College –Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress Today- 538 electoral votes –270 needed to win

Article II- The Presidency Original Election Procedures –Vice President was runner up –Changed after the 1800 presidential election –12 th Amendment – votes for President and VP are cast separately

Article II- The Presidency Section 2- Presidential Powers –Commander-in-Chief of military –Commander of militia –With Senate approval, the president can Make treaties (2/3 approval) Nominate ambassadors Appoint all federal judges Appoint all federal officers/ department heads

Article II – The Presidency Executive Orders –The President can make binding decisions The role of the President is to make quick decisions when the nation requires it (Congress too slow) These orders are limited by Congressional funding & popular opinion War –Congress declares war, but sometimes we go to war without formal declarations –President is the C-in-C & the head of state, so this provides the President with a great deal of say when it comes to military matters –The President has the power to “repeal sudden attacks.” This has left room for interpretation as to the powers of the President –Again, the President cannot do much without the compliance of Congress who controls the money

Article II- The Presidency Section 4- Impeachment –The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, and other high crimes and misdemeanors

Article III- Judiciary Supreme Court –Numbers decided by Congress –President appoints justices –Serve for life –All cases related to the Constitution, laws of the land, treaties, admiralty and maritime cases –Judicial review? – Art. 3 “Judicial power extends to all cases arising under the Constitution, the Laws of the US and treaties…” Inferior Courts –Congress establishes types of courts –Today’s system Federal District Courts Federal Circuit Courts of Appeal

Supreme Court Justices John Roberts – Chief Justice – GW Bush Antoine Scalia – Reagan Anthony Kennedy – GHW Bush Clarence Thomas – GHW Bush Ruth Bader Ginsburg – Clinton Stephen Breyer – Clinton Samuel Alito – GW Bush Sonia Sotomayor – Obama Elena Kagan - Obama

Article IV- State Relations Section 1- Full Faith and Credit –Each state must respect the public records and court decisions of every other state Section 2- Privileges and Immunities –No state may discriminate against residents of other states- they may not give privileges to their own citizens that they don’t offer to other states’ citizens

Article V- Amendments Two Proposal Methods –2/3 vote of both houses of Congress –Convention called by Congress at request of 2/3 of State legislatures Two Ratification Methods –¾ vote of state legislatures –¾ vote of state conventions

Article VI- General Provisions Supremacy Clause –Constitution is supreme law of land –Federal law is superior to state law –States may not violate the Constitution, an act of Congress, a treaty, or other federal rules

Article VII- Ratification Nine states needed in order to effect

Checks and Balances

Federalism Constitution divides power between the federal government and constituent provinces/states Reserved Powers are powers granted to one level of government only –Form a military, declare war is federal –Public schools is a state level Concurrent powers are powers that both federal and state governments possess –Taxation, pass laws, courts, borrowing money