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THE CONSTITUTION ARTICLE BY ARTICLE
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ARTICLE I THE LEGISLATIVE BRANCH
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ARTICLE 1 – SECTION 1 Two-House Legislature 1.Bi-cameral system based off of Parliament 2.The power to make laws is given to the SENATE and the HOUSE OF REPRESENTATIVES
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ARTICLE 1 – SECTION 2 The House of Representatives 1.House members are elected every 2 years by their constituents 2.House members MUST BE at least: 1.25 years old 2.US citizens for 7 years 3.Residents of the states that elect them 3.Number of representatives depends on the state’s population 4.The population of the states is determined by a federal census taken every 10 years 5.Governor must call a special election to fill vacancies in that state’s representation 1.NOT like Rod Blagojevich and Barak Obama’s seat 6.The House chooses it’s own officers – it alone has the power to accuse a government official of a crime
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ARTICLE 1 – SECTION 3 The Senate 1.Each state is allowed 2 senators – Senators are now elected directly 2.Elections are arranged so that 1/3 of the senators are elected every 2 years, for 6-year terms 3.Senators MUST BE at least: 1.30 years old 2.US citizens for 9 years 3.Residents of the states that elect them 4.Vice President is the President of the Senate, but only votes to break a tie 5.The Senate tries all impeachment cases 6.The Senate can remove officials it convicts on impeachment charges, BUT any further punishment must come by way of a trail through regular courts
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ARTICLE 1 – SECTION 4 Elections and Meetings 1.Election regulations are left to the states, though Congress may pass certain laws concerning elections 2.Congress MUST meet at least once a year (Amendment 20 sets January 3 as the date for a session to begin)
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ARTICLE 1 – SECTION 5 Rules and Procedures 1.Each house of Congress has the right to judge the elections and qualifications of its members 2.Each house may make rules for its members – Members may be expelled by a 2/3 vote 3.Each house of Congress must keep and publish a record of its activities 4.Neither house may suspend the session for more than 3 days or move to a difference location WITHOUT the permission of the other house
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ARTICLE 1 – SECTION 6 Privileges and Restrictions 1.Members of Congress are paid a salary 2.With certain exceptions (treason, felony or breach of peace), members cannot be sued or arrested for anything they say in Congress 3.Members may NOT hold any other FEDERAL office while serving in Congress
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ARTICLE 1 – SECTION 7 Lawmaking Process 1.All money bills must begin in the House – the Senate may change such bills 2.A bill passed by both houses of Congress goes to the President 1.If the President approves it = LAW 2.If the President vetoes it = goes back to Congress and can only become law if it gets 2/3 vote 3.If President doesn’t sign a law for 10 days = LAW 4.If President doesn’t sign a law for 10 days and Congress is not in session = POCKET VETO 3.Every order or resolution of Congress should be presented to the President (in actuality, many congressional resolutions do not go to the President, but any bill that is to become a law MUST be sent to the President) 4.How we know it to be: 5.In actuality:
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HOW A BILL BECOMES A LAW…
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OR DOES IT?
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ARTICLE 1 – SECTION 8 Powers Granted to Congress 1.Congress has the power to collect taxes and pay debts 2.Congress has the power to borrow money 3.Congress has the power to regulate trade 4.Congress has the power to coin money 5.Congress has the power to build post offices and roads 6.Congress has the power to issue copyrights and patents 7.Congress has the right to set up federal courts 8.Congress has the power to make laws for the District of Columbia and other federal properties
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ARTICLE 1 – SECTION 8…CONTINUED 1.Congress has the right to punish crimes against ships at sea 2.Congress has the power to maintain an Army and a Navy 3.Congress has the power to declare war and determine the treatment of POWs 4.Congress has the power to make regulations for the armed forces 5.Congress has the power to provide for the calling out of the National Guard to handle emergencies 6.Congress has the power to maintain and train the National Guard * MAKE ALL LAWS “NECESSARY AND PROPER” – Known as the ‘elastic clause,’ it allows Congress to make laws NOT specifically mentioned in the Constitution
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ARTICLE 1 – SECTION 9 Powers Denied to the Federal Government 1.Congress cannot illegally imprison people 2.Congress cannot pass laws of unfair punishment 3.Congress cannot pass any direct tax unless it is in proportion to population 4.Congress cannot tax exports 5.Congress cannot pass any law that would favor the trade of a particular state 6.Congress cannot spend money that has not been authorized by law 7.Congress cannot grant any title of nobility – government officials cannot accept gifts or titles from other nations unless Congress approves
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ARTICLE 1 – SECTION 10 Powers Denied to the States 1.State governments cannot make treaties or alliances, coin money, give bills of credit, pass titles of nobility 2.State governments cannot tax imports or exports without the consent of Congress 3.State governments cannot tax ships without the consent of Congress 4.State governments cannot keep a regular army 5.State governments cannot make agreements with other states or with foreign countries OR engage in war…unless invaded or in grave danger (Civil War – were the Confederates justified?)
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ARTICLE 2 THE EXECUTIVE BRANCH
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ARTICLE 2 – SECTION 1 The President and the Vice President 1.The President is the Chief executive, who holds office with the Vice President for a 4 year term 2.The President is elected by an electoral college 3.Congress decided when electors are chosen and when they will vote 4.The President MUST: 1.Be a “Natural Born Citizen” 2.Be 35 years old 3.Be a resident of the United States for at least 14 years 5.The President receives a salary (which cannot be lowered or raised during his term in office) 6.Prior to taking office, the President must swear to uphold and defend the Constitution
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ARTICLE 2 – SECTION 2 Powers of the President 1.The President is the commander in chief of the armed forces 2.The President can grant delays of punishments and pardons EXCEPT in impeachment cases 3.The President has the power to make treaties and to appoint ambassadors and other officers 1.Senate must approve appointments 2.Minor appointments can be made without Senate approval
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ARTICLE 2 – SECTION 3 Duties of the President 1.The President is REQUIRED to report to Congress annually on the condition of the nation (State of the Union Address) and to carry out laws
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ARTICLE 2 – SECTION 4 Impeachment and Removal From Office 1.The President, Vice President and other government officials can be forced from office for major offenses and certain minor crimes
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ARTICLE 3 THE JUDICIAL BRANCH
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ARTICLE 3 – SECTION 1 The Federal Courts 1.The right to decide legal cases is give to the Supreme Court and other lesser courts authorized by Congress 2.Federal judges can hold office for life if they are not impeached and found guilty of certain crimes
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ARTICLE 3 – SECTION 2 Jurisdiction of the Federal Courts 1.The federal courts try all cases involving the Constitution, federal laws and treaties – lawsuits involving the federal government, 2 states, or citizens of different states are tried in federal courts 2.Cases involving ambassadors or officials of foreign nations or those involving states tried in he Supreme Court (other cases begin in lower courts but may be appealed to the Supreme Court) 3.All crimes (except in cases of impeachment) shall be tried by jury
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ARTICLE 3 – SECTION 3 Treason 1.It is considered an act of treason to wage war against the United States or to give aid it its enemies 2.Congress may decide the punishment of traitors, but may not punish the families of convicted traitors by taking away their civil liberties
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ARTICLE 4 FEDERALISM
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ARTICLE 4 – SECTION 1 State Records 1.“Full faith and credit” clause – the official acts (like marriage licenses) of one state must be recognized as legal by all the other states
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ARTICLE 4 – SECTION 2 Privileges and Immunities of Citizens 1.States must treat citizens of another state as fairly as their own citizens 2.A state governor may demand the return of a criminal who has fled to another state (extradition…unlike under the Articles of Confederation)
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ARTICLE 4 – SECTION 3 New States and Territories 1.Congress has the power to admit new states to the Union 2.Congress has the power to make rules for managing and governing land owned by the United States (such as territories and federals lands, like a national park, within a state)
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ARTICLE 4 – SECTION 4 Guarantees to the States 1.Federal government guarantees to each state protection against invasion and protection against disturbances within the states
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ARTICLE 5 AMENDING THE CONSTITUTION
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ARTICLE 5 The Constitution can be amended (changed) if necessary in the following ways: 1.An amendment can be proposed by a 2/3 vote of both houses of Congress 2.An amendment can be proposed by a national convention called by 2/3 of the states 3.Amendments must be ratified (approved) by ¾ of the state legislatures or by special conventions 4.Congress decides which method will be used
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ARTICLE 6 GENERAL PROVISIONS
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ARTICLE 6 1.All money previously borrowed under the Articles of Confederation will be repaid under the Constitution 2.The Constitution, the federal laws, and the treaties of the United States are the supreme law of the land – outweigh state laws (does this conflict with Article 4?) 3.All federal and state officials must take an oath of office promising to support the Constitution – there can be NO religious requirement for holding office (emphasizes the separation of church and state)
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ARTICLE 7 RATIFICATION
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ARTICLE 7 The Constitution will take effect when it’s approved by 9 states – went into effect on March 4, 1789 1.Delaware 2.Pennsylvania 3.New Jersey 4.Georgia 5.Connecticut 6.Massachusetts 7.Maryland 8.South Carolina 9.New Hampshire
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