1. Enumerated Powers
These powers are expressly written in the Constitution for CONGRESS.
In Article 1 Section 8
Examples – powers to tax, raise an army, coin money

2. Implied Powers/Necessary and Proper Clause
These powers are not expressly written in the Constitution
“Congress shall have Power … To make all Laws which shall be “necessary and proper” for carrying into Execution” its powers.
They are IMPLIED b/c they are powers that Congress NEEDS in order to do its job
Examples – income tax, creating a National Bank

3. McCulloch v. Maryland Bank is not an enumerated power
Maryland gave a tax of $15,000 on the National Bank.
Lawyers basically argued that the National Bank could NOT be taxed because it is trying to carry out its expressed powers (like power to collect taxes)

4. US Representative Qualifications 3 25 years old 7 years a citizen
Resident of state they are running in

5. Impeachment
Impeachment means – a formal accusation of wrongdoing against a public office (i.e The president).
The House of Representatives has the SOLE POWER TO IMPEACH

6. Senator Qualifications 3 30 years old 9 years a citizen
Resident of state they are running in

7. President of the Senate
Is the Vice President
He can ONLY vote if there is a tie in the Senators vote

8. Impeachment Trial
The Senate resides over the Impeachment trial.

9. Quorum
The Constitution requires a quorum, or majority, of Senators (51 out of 100) in order to conduct business.
This is done by a role call.
Usually the Senate does NOT have that many Senators in the room but presumes that a quorum is present.

10. Holding Another Office
No, a Senator/Representative cannot hold another federal office while serving Congress.
Why?
This is to make sure that the Constitutional Principle of SEPARATION OF POWERS is respected.

11. Bill To Law

12. Enumerated Powers Address AoC
The weaknesses of the Articles of Confederation are numerous.
Look at the attached chart on my website.

13. Ex Post Facto Laws
This simply means that NOBODY can be tried for a crime if the law didn’t already exist when the crime was committed.
Remember we make new laws every year (in fed, state, and local government)…
Example – You are walking down the sidewalk on Monday. You are stepping on the cracks in the sidewalk. Then on Wednesday, North Carolina makes a law that says it’s illegal to step on the cracks on sidewalks. Then the come and arrest you for it.
This would be UNFAIR – b/c you weren’t warned ahead of time that this was illegal.

14. Electoral College Process
The number of electors in each state varies – it is the number of their representatives + senators. North Carolina’s is currently 15
270 electoral votes to win election

15. Presidential Qualifications
Natural born citizen
35 years old
14 years a resident of the US
Cannot serve more than twice

16. Presidential Oath
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

17. Supreme Court Justices Requirements
No specifications outlined in the Constitution as with Presidents/Senators/Representatives
Doesn’t have to be a U.S. citizen
Doesn’t have to be a lawyer
Didn’t have to attend Law School

18. Supreme Court Justice Term
Are appointed by the President and confirmed (okayed) by the Senate
Serve for LIFE
Can be impeached (only 1 ever was)
Can resign

19. Supreme Court Cases Most cases start in lower federal district courts.
They then need to be appealed.
Then if the Supreme Court wants to… they can hear the case (ONLY if 4 out of the 9 justices agree to hear it)
They hear around 80 cases a year.

20. Treason The only crime spelled out in the Constitution
You cannot be convicted of treason unless 1 of 2 things happen
1. You admit it in open court
2. 2 witnesses testify against you on the same overt act

21. Article 4 Sect. 4 Guarantee Clause
Guarantees that Congress will protect the states

22. Article 5 – Amendment Process
Can be offered in ½ ways
1. 2/3rds of Senate (67/100) and 2/3 of the HoR (290/435) call for a change to be made
2. 2/3rds of the states (34/50) call for a change
Once amendment is proposed, ¾ of the states (38/50) have to approve it for it to become an amendment

23. Supremacy Clause
The Constitution and the federal laws are the SUPREME LAW OF THE LAND
If STATE laws conflict with The Constitution they are immediately thrown out

24. NC & The Constitution 12th state to ratify Only took 9 to make it law
Why did NC wait until November 21, 1789?
They wanted a Bill of Rights!