The United States Constitution

The United States ConstitutionArticle 1: LegislativeAcceptance of two house (bicameral) planHouse of RepresentativesSenateArticle 1: LegislativeEnumerated PowersSenate OnlyTrials for all impeachment casesRatification of presidential appointmentsRatification of treatiesHouse OnlyOrigination of all revenue billsImpeachment of all officialsArticle 1: LegislativeEnumerated Powers cont.Both Houses of CongressLay & collect taxes, duties, imposts, & excisesPay the debtsProvide for the common defense & general welfareBorrow money on creditRegulate commerce (Foreign nations, Among the states, & with Indian tribes)Constitute tribunals inferior to the Supreme CourtDefine & punish piracies and felonies on the high seasDeclare warGrant letters of marque and reprisal

Article 1: LegislativeEnumerated Powers cont.Both Houses of CongressEstablish uniform rule on naturalizationEstablish uniform laws on bankruptciesCoin money, regulate the value thereofFix standard of weights and measuresProvide for punishment of counterfeitingEstablish post offices & post roadsProvide for progress of science & useful arts (patents)Make rules concerning captures on land and waterRaise & support armiesProvide and maintain a navy

Article 1: LegislativeEnumerated Powers cont.Both Houses of CongressMakes rules for the government and regulation of the land and naval forcesProvide for the calling forth of the militiaProvide for organizing, arming, and disciplining the militiaExercise exclusive legislation in all cases over the district seat of the national governmentArticle 1: LegislativeImplied Powers Also known as the Elastic ClauseMakes all laws necessary and proper for execution of powersArticle II: ExecutiveElection by Electoral CollegeFormal Enumerated PowersServe as commander-in-chief of the army and navy and militiaRequire in writing the opinion of the principal officer in executive departmentsGrant reprieves and pardonsMake treaties with advice and consent of 2/3 of the SenateAppoint embassadors, public ministers and consuls, justices of the Supreme Court with advice and concent of 2/3 of the Senate

Article II: ExecutiveFormal Enumerated Powers cont.Fill vacancies during recess of the SenateDeliver a state of union addressCall special sessions of CongressReceive ambassadors and other public ministers Execute the lawsCommission all officers of the United States

Article III: JudiciaryEstablishment of the Supreme CourtCreation of lower courts by CongressChanges in PowerIntroduction of judicial review with Marbury v. Madison (1803)Jurisdictions of the Supreme CourtOriginalAppellate

Article IV: The StatesFull Faith and Credit to acts, records, proceedings of one state by any other stateEntitlement to all privileges & immunities of citizens in the statesState extradictionCriminalsPersons held to service or labor (slaves)

Article IV: The StatesControl of territories by CongressGuarantee of republican governmentArticle V: AmendmentsTwo means of proposing constitutional amendments2/3 of both houses of Congress2/3 of specially called state conventionsTwo means to ratify a constitutional amendment3/4 of state legislatures3/4 of state conventionsLimitationsNo actions against the slave trade until 1808No loss of a states two votes in the Senate without its consent

Article VI: LegalityActions under Confederation binding under ConstitutionRecognition of the Constitution as the supreme law of the landNo religious test for officeArticle VII: RatificationNeed approval by nine of thirteen statesAmendments The Bill of RightsThe first 10 Amendments to the Constitution are known as the Bill of Rights because some of the Founding Fathers wanted to guarantee the rights of individuals, which are NOT listed in the Constitution1st AmendmentFreedom of Religion, Speech, Press, Assembly, & PetitionCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peacefully to assemble, and to petition the Government Known as the Four Freedoms1st Amendment cont.Establishment Clause - No official (state) religion in U.S.Free Exercise Clause protects any/all religious practicesFree Speech Clause pure & symbolic speech protected but has limits (i.e. obscenity, defamation, etc.)Prior Restraint Clause govt cant censor work prior to its publicationFreedom of Association we can associate with anyone2nd AmendmentRight to Bear ArmsOriginally intended to safeguard a militia (part-time citizen soldiers think the Minutemen), the 2nd Amendment allows citizens the right to purchase and own firearmsThe Supreme Court has held that the 2nd doesnt apply to the states, so some states/local governments have banned guns (i.e. City of Chicago)3rd AmendmentQuartering of TroopsThis amendment was in response to one of the Intolerable Acts (Quartering Act) enforced by England before the Revolutionary WarAlthough it does allow troops to be quartered (without owners consent) during wartime ONLY, the 3rd Amendment has long been understood to reinforce a citizens right to privacy4th AmendmentUnreasonable Searches & SeizuresMaintains that citizens have a reasonable expectation of privacy and cannot be searched without probable cause (reasonable belief that a person has committed a crime)Examples of reasonable searches (airport searches, sobriety checkpoints, drug testing, etc.)Maintains that police must have a warrant (court order) to perform a legal search otherwise evidence can be dismissed (the exclusionary rule) if gained during an illegal (no warrant) search5th AmendmentDue Process of the LawGuarantees 5 different rightsRight against self-incrimination (plead the 5th)Right to have charges screened by a Grand JuryRight to avoid being charged twice for the same crime (Double Jeopardy) Right to have due process of lawRight to compensation when property is taken for public use6th AmendmentRight to a Fair TrialMust be a speedy and public trialMust have an impartial jury & be held in the locality in which the crime was committedMust be informed of the nature and cause of the accusation/chargesMust have the right to confront ones accuser(s)Must have the right to obtain witnesses for ones defenseMust have the assistance of counsel (lawyer) regardless of money7th AmendmentTrial by Jury in Civil CasesRight of a jury trial in civil (disputes between 2 or more parties, like injuries or contracts; non-criminal) when the issue exceeds $20.00Also includes the right that a judge must obey a jurys decision in a civil case8th AmendmentCruel & Unusual PunishmentMaintains that excessive bail (money posted as security to obtain release from jail pending a trial) is NOT requiredAlso maintains that excessive fines cannot be imposedBans punishments that are cruel & unusual although it does not define what those areIs connected with a habeus corpus petition (court order that directs law enforcement to show just cause of a prisoner in custody)9th AmendmentUnenumerated RightsServes as a catch-all protection of individual rights includes all the rights listed in the Constitution (including Amendments) but also includes unenumerated rights (not specifically mentioned) like the right to vote, travel, & to have privacy10th AmendmentStates RightsProtects powers (not rights) of the statesEstablishes federalism the system of shared power between national and state governmentsAlso creates the idea of states rights (doctrine that the states have sovereign powers equal to the national government) Amendments 11-27We wont cover ALL of the additional amendments but we will discuss the following:#13-15: Ending Slavery & AA Rights#18 & 21: Prohibition (& its repeal)#19: Voting Rights for Women#24: Ending the Poll Tax#26: Lowering Age Requirements for Voting 13th AmendmentAbolishing SlaveryOccurred after the Civil War and has two main parts:Makes slavery/involuntary servitude illegal in the United States (and any of its territories) except as a punishment for a crimeGives Congress the power to create any/all legislation necessary to enforce ending slavery14th AmendmentEqual Protection of the LawsConnected with the 13th Amendment, this amendment has 5 parts and part one gives African Americans (and anyone else who was born here or naturalized) citizenshipProhibits the states from making any laws that would infringe on the rights of these new citizensProhibits the states from denying anyone life, liberty, or property without due process of lawProhibits the states from denying equal protection of the law in their state(s) 14th Amendment cont.Equal Protection of the LawsPt 2: Ends the 3/5ths Compromise (slaves only counted as 3/5 of a person for representation in elections), gives males (21 or older) the right to vote, and only counts the males in a state as the basis for representationPt 3: Prohibits anyone who served in the Confederate Army/Navy from holding federal office14th Amendment cont.Equal Protection of the LawsPt 4: Stipulates that southerners will NOT be compensated for the financial loss of their slavesPt 5: Gives Congress the power to make any/all laws to enforce this amendment15th AmendmentSuffrage for Black MenPart one Gives the right to vote to African American men only and makes it illegal to deny the right to vote based on race, color, or previous condition of servitudePart two Gives Congress the power to make any/all laws to enforce this amendment18th AmendmentProhibitionMakes the manufacture, sale, transportation and possession of any alcoholic beverage illegal and gives Congress the power to make any/all laws necessary to enforce this amendment

19th AmendmentWomens SuffrageGave the right to vote to all citizens and no state (or the federal) government can deny a persons right to vote on account of sexAlso gave Congress the power to make any/all laws to enforce this amendment 21st AmendmentRepealing ProhibitionRepealed (crossed out of the legal record) the 18th AmendmentGives the power to regulate (i.e. tax) alcohol to the states24th AmendmentBanning the Poll TaxMade it illegal for states to charge a tax to vote in federal (primary or other) electionsThe poll tax was commonplace in the Southern states26th AmendmentSuffrage for Young PeopleLowered the voting age from 21 to 18 years old