The Constitution Preamble- in order to strengthen our country, citizens of U.S. must carry out these objectives: -Establish political, economic, and social justice -Insure peace within the country’s boarder. -Military that’re fit to protect, defend our boarder -Provide equal opportunity for everyone to pursue economic prosperity -Government is there to protect citizens’ liberty Article I – outline government authorities and set limitations –Legislative branch makes laws Section 1 Only the Congress has the power to make laws, and its power is split between the house of representative and the senate.
Section 2 1. House of Representatives are voted by the people of each state every two years. 2. Requirements for representative -At least 25 years old, resident of that state for more than 7 years. 3. State’s representatives are determined by population (every states get at least one) Three fifth compromise (5 slaves = 3 people) 4. House of representative can issue special elections to fill office 5. House of representative has the power to choose speaker for the house and to get rid of government official Section 3
1. The House of Senate have two senators who will serve for six years with equal authority 2. The House of Senate holds election every two years with rotation. 3. Senator qualifications – at least 30 years old and a citizen for 9 or more years. 4. Vice president have no power unless taking over presidency 5. Senate has more power when VP is not in the house and to choose its other officers. (senate’s president preterm) 6. Senate must serve as jury and judge when impeaching any government official. The official is only remove if two third of senator convict. 7. Senate is only allowed to punish official by removing them from office. Section 4 1. Gives Congress the power to enforce new regulation and set rules on congressional elections.
2. Congress has to meet at least once a year. Section 5 1. House and Senate both have the power to judge their own member, but senate gets the last decision if there is a conflict. Majority of chamber’s members have to show up to constitute a quorum, however business can continue with less than a quorum 2. The house and the Senate can set their own laws to punish their member accordingly 3. The Congress must keep a public record of journal that documents both chambers 4. Long period of absence in office are prohibited for both chambers unless one approves the other. Section 6 1. The Government will paid member of congress whatever the amount of salary they set for themselves. The congressmen, during their times of services can’t be charge and arrested for anything they say in congress unless committed treason.
2. Members of the U.S. government cannot acquire positions form more than one government branch, nor can they resign from one to go to another. Section 7 1. All tax and tariff legislation have to come from the house of representative 2. Bill becomes law when congress passes it and the president signs it, if the president disapprove (veto) the bill, the bill goes back to congress and the congress can overpower the veto with two-third of their votes. The president can also refuse to sign the bill, it will than becomes law in 10 days. 3. Joint resolution = approve by both houses and signed by president Section 8 1. The congress has the power to tax, and impose tariff 2. The congress can borrow money for government spending (go into debt) 3. Congress can regulate domestic and international business
4. Congress can set regulations for immigration, and set rules for indebt people to declare bankruptcy. 5. Congress set the value of money 6. Congress can punish those who make fake money 7. Congress can establish post offices and roads 8. Congress has the power to grant copyright. 9. Congress can set up federal court that later report to the Supreme Court. 10. Congress has the power to punish pirates 11. Congress has the power to declare war 12. Congress can raise and pay for an army but power if split between the executives and legislative 13. Congress has the power to keep a Navy 14. Congress has the power to set laws and regulations for the Navy 15. Congress has the power to call upon an organize unit of citizen soldiers to eliminate threats 16. Congress pays for the militia and the states have control over those soldiers.
17. Congress has the power to establish national capital in any state, as well as the military facilities 18. “Elastic Clause” gives the legislative branch powers not directly stated in the constitution for they are “necessary and proper” at the time Section 9 1. Congress cannot vote against slavery prior to 1808 2. Habeas Corpus = holding someone in custody 3. Bill of attainder: to punish someone without a trial 4. Congress impose taxes base on the population of each state 5. No tax on exports 6. Congress cannot tax cross states shipping goods, nor can they favor one state over another 7. Congress has the power to control all government money. All government spending have to be approved by congress. (check against president)
8. The U.S. government cannot give nor except nobility title to or from anyone including foreign nations Section 10 1. Only federal government can conduct international diplomacy and print money; state government can’t prosecute people without trial, pass contract breaking laws, or give noble titles. 2. State governments can’t put taxes on goods without the congress’s approval 3. State government can’t have independent army or start a war. Article 2. Executive Branch: responsible for enforcing and implementing the law Section 1 1. President has executive power over the nation’s laws and policies. ( Both the President and the VP’s term last for 4 years) 2. Electoral College: Each states gets electoral votes = the number of state’s senator + U.S. representative. 3. Each of the Electoral College members get two votes for two of their top presidential choice and whoever gets the most votes become President and the second becomes VP.
4. Congress set presidential election dates 5. President has to be older than 35years old and lived in U.S. for 14years or more 6. Congress gets to appoint replacement for the president and VP if they become incapable of working in office 7. The President get pay a set amount of salary 8. The President must take an oath before taking the positing. Section 2 1. The President is the commander in chief of the U.S. military. Controls the civilian department. Has the right to give pardon to criminals. 2. The President can establish treaties with other nations with two-third senate vote; can also nominate every official in the executive and the judicial branch with consent from the senate. 3. The President has the right to give people temporary government position without the approval of senate when they are not in office working.
Section 3 1. The President needs to present the State of the Union Address every January to the Congress. The President has Congress on demand when he believe there’s a problem. The President has to execute the law faithfully. The president commands all military personal in the U.S. military. Article 3 Judicial Branch: interpret and impose laws through supreme and federal courts. Section 1 1. The Supreme Court is the head of the judicial branch. Allows congress to create lower level federal courts that helps out the Supreme Court. Federal courts judges serve for life with a consistent pay check.
Section 2 1. The federal courts settle dispute between states that involves federal laws. 2. Federal courts first hear a case (original jurisdiction). Supreme Court then has the power to review the decision of federal courts. (appellate jurisdiction) 3. People who are charged with crime have the rights to have their peer as jury during their trial. Section 3 1. At least two witnesses’ testimonies are needed to charge someone with treason. 2. The family of the person who committed treason cannot be punished by the government. Article 4 States jurisdiction, citizenship Section 1 1. Every state must respect and recognize the laws and regulations of the other states.
Section 2 1. All U.S. citizens are equal in every state. No discrimination across states. 2. Captured fugitive needs to be sent back for trial. 3. “Fugitive Slave Clause” all escaped slaves in the North must be sent back to their owner. Section 3 1. Congress has the power to admit newly founded states into the Union; however states are not allowed to create new state within an existing state. 2. Congress has control over any newly created states in the west. Section 4 1. The U.S. federal government will make sure that each state maintain its form of government, and will protect all states from foreign invasion as well as domestic rebellions. Article 5 The Constitution can be changed through Amendments 1. If 2/3 of both houses of Congress agree that changes are needed for the constitution they can propose Amendments during a convention which then needs to be ratified by 3/4 of state legislative.
Article 6 Debt Supremacy, Oath, Religion test, Section 1 The newly established U.S. government will take responsibility for all debts that the government of the Article of Confederation left behind. Section 2 No laws can contradict the constitution because it’s supreme law of the land Section 3 All of U.S. government officials must swear to stand by and support the constitution faithfully. The government will not include religious contents within the oath nor will they give any tests that’re related to officials’ religious believes. Article 7 Ratification Ratification by just nine states is legitimate enough to put the new constitution into effect. Signatures Bill of Rights: First 10 Amendments.
1. All citizens have the freedom to worship any religion, to say whatever they want (speech), to publish their opinions (press), to have open meetings (assembly), and to propose suggestion for changes to the government (petition the gov). 2. Citizens have the rights to carry weapons (to bear arms) 3. When there’s no war, soldiers can’t be housed (quartering) by citizens. 4. Protects all citizens from unreasonable searches by the police, a warrant is required before police enforcement can search someone’s property or arrest anyone. 5. A person charged with crimes can’t be forced to testify against himself and has the rights to be silent.
6. Give the convicted person right to be tried within a reasonable time. They also have the right to be informed their charges, and have their lawyers question the witnesses in court. 7. If a non-criminal case involves over $20, jury is guaranteed by the government. 8. Bails, fines, and punishments must be reasonable according to the circumstances. 9. There’re necessary rights that’re not stated but implied in the Bill of Rights. 10. The rights that’re not strictly given to the federal government are implied to the state governments and the people 11th Amendment State government cannot be sued from legal wrong doings 12th Amendment The President and the Vive President now each has separate ballots
13th Amendment Section1 Slavery is banned in the U.S. Section 2 Congress has the power to enforce this Amendment. 14th Amendment Section 1 Everyone born in the U.S. is guaranteed full rights to citizenship and equal protection under the law. Section 2 All residents are each counted as one person regardless of race; all male 21 years old or older can now vote. Section 3 President can grant former Confederate leader government spots if at least 2/3 majority of congress agrees to give then full citizenship. Section 4 Confederate States and former slave owners will not receive anything that were owed to them. Section 5 Congress has the power to enforce this Amendment
15th Amendment Section 1 All citizens regardless of race have the right to vote. Section 2 Congress has the power to enforce this Amendment 16th Amendment Congress has the power to establish new taxation system accordingly. 17th Amendment Senators are now elected directly by the residents of each state instead of indirectly selected by the state legislatives. 18th Amendment The manufacturing, selling, and transferring of Alcohols are banned from throughout U.S. (Prohibition) 19th Amendment Grant all women the right to vote. 20th Amendment Section 1 The President and VP’s terms ends January 29th noon, and for Senate and Representatives it ends January 3rd noon.
Section 2 Congress will meet at least once a year beginning every January 3rd Section 3 If the President dies, or becomes incapable of qualifying for office before his or her term, the VP acts as the President until the President becomes capable again. Section 4 If the President dies, the house of representative gets to appoint one, and if the Vice President dies the senate gets to choose the new VP Section 5 Section 1 and 2 become effective on October 15 21st Amendment Section 1 Overruled the prohibition stated in the 18th Amendment Section 2 Each state now has the right to transport, manufacture, and sell alcohols within their borders. Section 3 The Amendment will become invalid if less than three quarter of the states refuse to ratify it in seven years.
22nd Amendment Section 1 The position of President is limited to two Terms. Section 2 The Amendment will become invalid if less than three quarter of the states refuse to ratify it in seven years. 23rd Amendment Section 1 This amendment gave Washington DC Electoral College representatives so they can participate in Presidential elections. Section 2 Congress can enforce this Amendment 24th Amendment Section 1 Fees for voting are eliminated (poll tax) Section 2 Congress can enforce this Amendment 25th Amendment Section 1 The VP becomes the President if the president dies during his or her term
Section 2 If there’s no Vice President, the President can nominate one after a majority congress agrees. Section 3 If the speaker of the house declares the president to be unable to carry out his or her duty, the Vice President act as President. Section 4 If the President disputes his or her removal from office, Congress has the power to decide whether he or she can regain position as president. 26th Amendment Section 1 Voting age is lower form 21 to 18 Section 2 Congress can enforce this Amendment 27th Amendment If Congress decides to change their pay, the changes will only become effective the following term.