The U.S. Constitution

PreambleWe the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.

In this short introduction to one of the most enduring and impactful documents of the last millennium, the writers sought to lay out the basic functions of a responsive and democratic government. The tricky part of this introduction is that the roles are vaguely defined and open to interpretation, which is what millions of Americans have done almost from the moment the document was announced to the people.

Article 1 – The Legislative Branch

Article 1, Section 1 – The Legislature

As an introduction to the Legislature, the document states that all powers within Article 1 shall be for the legislature, which is made up of the House of Representatives and the Senate.

Article 1, Section 2 – The House

Characteristics : Members must not exceed one representative for every 30,000The House can choose its own officersIt can begin impeachment hearings

Requirements: Two-year terms Must be at least 25 years oldA U.S. citizen for at least 7 yearsMust be a citizen of the state they are representing

Article 1, Section 3 – The Senate

Characteristics: U.S. Vice President to be president of the Senate Senate will choose their own officersTry all impeachments with the chief justice presiding and a 2/3 guilty

verdict required for removal

Requirements: A third of the body must be up for re-election every two yearsMust be at least 30-years-oldA U.S. citizen for at least 9 yearsMust be a citizen of the state they represent

Article 1, Section 4 – Elections The procedures of when and how to hold elections will be determined by the states but can be altered by the U.S. Congress.

Article 1, Section 5 – Membership, Rules, Journals and Adjournment

Each House will oversee its own elections, returns and the criteria to be a member but each action of that House must have a quorum to do business.

Each House can determine its own policies and rules of proceedings.

Each House will keep a record of all of its proceedings, including the votes of each member.

During a session of Congress, no House can adjourn for more than three days without the agreement of the other.

Article 1, Section 6 – Compensation Modified by the 27th Amendment, it states that Congressmen would be paid for their services, by the Treasury Department.

Article 1, Section 7 – Revenue Bills, Legislative Process, Presidential Veto

It states that all revenue bills must originate from the House but Senate may modify the same.

The article further explains the process by which a bill becomes a law, needing to pass both Houses and then signed by the President. It also determines that a 2/3 majority in both Houses can override a presidential veto.

Lastly, it explains the power of the president in vetoing legislation.

Article 1, Section 8 – Powers of Congress

Powers of Congress: Levy, collect taxes, customs, tariffs and pay debtsBorrow moneyRegulate international or interstate commerceEstablish naturalization policiesCoin and regulate money; punish counterfeitingEstablish post officesPromote the sciences and the artsCreate courts below the Supreme CourtDefine and punish offences on the high seasDeclare war; raise and support an army and navyControl of militias to be used to enforce lawTo make laws “necessary and proper” to carry out powers

Article 1, Section 9 – Limits on Congress

Limitations: Cannot prevent the importation of slaves prior to 1808Cannot suspend Habeas Corpus unless during times of rebellionCannot pass laws that target individuals or groups with loss of rights

and cannot pass laws that take affect retroactively Cannot pass taxes on goods exported by statesCannot take sides on commerce issues between statesCannot draw money from the Treasury without an act of CongressThe U.S. will grant no title of nobility nor can a government employee

accept such a title from a foreign head of state

Article 1, Section 10 – Powers Prohibited of States

Basically, the article bans the states from performing any duty and exercise any power expressly written for the federal government, such as print money, make treaties with foreign powers, levy tariffs or customs or work with or conspire with any other state or foreign power without the permission of Congress.

Article 2 – The Executive Branch

Article 2, Section 1 – The PresidentThe President of the United States is granted executive powers, to hold for a term of four years, along with the Vice-President. The election of the president is the result of a combination of popular vote and electoral votes. No sitting member of the Congress shall be an electoral vote. (According to the 12th Amendment) The selection of both president and vice-president will be selected on separate ballots (originally, the person with the second most ballots became vice-president).

Persons eligible to be president must be a natural born citizen or were a citizen upon the adoption of the Constitution. They must also be 35-years-old and fourteen years a U.S. resident.

The vice-president shall take on the responsibility of the presidency if something should happen but beyond that, the Congress will select an officer to take office (altered by 20th and 25th Amendment).

“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.”

Article 2, Section 2 – Power over Military, Cabinet, Pardons, Appointments

The president has final authority on military matters, may confer with the heads of the executive departments to decide relevant matters and can bestow pardons and reprieves.

He can make treaties (upon advise and consent of the Senate) and given the same caveat, can appoint ambassadors, Supreme Court justices and other federal officials.

Article 2, Section 3 – State of the Union and Convening Congress

Periodically, the president should provide Congress with information on the state of the Union and suggest actions that could correct a failing or bolster a success.

He is empowered to convene or adjourn Congress as well as enforce the laws of the land.

Article 2, Section 4 – Disqualification

Any civil official of the U.S., including the president and vice-president, shall be removed through an impeachment process when impeached for or convicted of treason or other offences labeled “high crimes and misdemeanors.”

Article 3 – The Judicial Branch

Article 3, Section 1 – Judicial Powers

Judicial power is held exclusively in one national, supreme Court and sub-courts can be created by Congress.

Article 3, Section 2 – Trial by Jury, Jurisdiction and Trials

The extent of judicial jurisdiction has been modified by the 11th Amendment.

The Supreme Court has original jurisdiction on all matters related to foreign ambassadors, ministers and consuls. Beyond that, the Court has appellate jurisdiction.

All trials, with exception of impeachment cases, shall be by jury.

Article 3, Section 3 – Treason Treason is defined as waging war against the U.S. or providing help to the enemies of the U.S. Convictions of treason must be corroborated by two witnesses to the same act.

Congress is empowered to determine the punishment for treason.

Article 4 – The States

Article 4, Section 1 – Relation of StatesEach state is responsible for honoring all others. Full faith and credit shall be given in every state on matters of records, judicial proceedings and public proceedings. Congress is allowed to determine how such matters should be legitimized.

Article 4, Section 2 – State CitizensCitizens of every state is afforded the rights and privileges of an American citizen.

Each state has the right of extradition from any other state.

(The 13th Amendment nullified laws pertaining to the rights of slave owners).

Article 4, Section 3 – New StatesNew states are allowed in the union but any state formed from a part of a previous state(s) requires the permission of each state’s legislature as well as Congress.

Congress is responsible for all rules and procedures in becoming a state.

Article 4, Section 4 – Republican Government

The U.S. government is responsible for insure a republican form of a government for each state, shall protect it from invasion or domestic violence.

Article 5 – Amendment The Congress can propose new amendments to the Constitution upon receiving 2/3 majority in each House.

Additionally, new amendments can be proposed by 2/3 of the state legislatures. Ratification requires 3/4 of the states.

Article 6 – Debts, Supremacy, OathsAll debts incurred prior to the Constitution shall be the responsibility of the U.S. government.

The Constitution is the supreme law of the land.

Senators and representatives, both federally and state, as well as all executive and judicial officials, must be sworn in by oath to support the Constitution. Religion cannot be a test of such a candidate.

Article 7 – RatificationRatification of this document is required of the conventions of nine states.

Signatories George Washington, Virginia New Hampshire John LangdonDelaware George Read Nicholas Gilman

Gunning Bedford Massachusetts Nathaniel GorhamJohn Adams Dickinson Rufus KingRichard Bassett Connecticut Wm Samuel JohnsonJacob Broom Roger Sherman

Maryland James McHenry New York Alexander HamiltonDaniel of St. Thomas Jenifer New Jersey William Livingston Daniel Carroll David Brearley

Virginia John Blair William PatersonJames Madison, Jr. Jonathan Dayton

North Carolina William Blount Pennsylvania Benjamin FranklinRichard Dobbs Spaight Thomas MiffinHugh Williamson Robert Morris

South Carolina John Rutledge George ClymerCharles Cotesworth Pinckney Thomas FitzSimonsCharles Pinckney Jared IngersollPierce Butler James Wilson

Georgia William Few Gouverneur MorrisAbraham Baldwin (Secretary) William Jackson

1st Amendment (1791)The First Amendment to the U.S. Constitution guarantees that no laws will be created establishing a state-sponsored religion, preventing the freedom to worship whatever one wants, abridging freedom of speech, the press, the right to peaceful assemble nor preventing the people from petitioning the government.

2nd Amendment (1791)Perhaps no amendment has produced more controversy than the Second Amendment to the U.S. Constitution. In word, the amendment refers to the keeping of a well-armed militia by the states. However, some gun rights’ advocates have pointed to the words of the Founding Fathers in other areas to make the assertion that the amendment refers to the general right of Americans to own weapons. A major special interest group that advocates such a position is the National Rifle Association (NRA). More recent gun legislation has focused on the limit of the amendment towards automatic weapons and a waiting period and background check for those wanting to purchase a weapon.

3rd Amendment (1791)

The Third Amendment to the U.S. Constitution states that the government cannot house soldiers in the homes of American citizens without permission. This amendment was a direct result of British actions during the Revolutionary War and has only been done once in the history of the country – during the American Civil War.

4th Amendment (1791)The Fourth Amendment to the U.S. Constitution suggests the right to privacy with the clause, “the right of people to be secure in their persons, houses, papers…” This amendment has led to the creation of search warrants and the notion of probable cause, as well as establishing due process to which police must adhere. “Probable cause” is not always needed as in student searches where the concept of “reasonable suspicion” is allowable.

5th Amendment (1791)The Fifth Amendment to the U.S. Constitution is a procedural law that includes such rights as the protection against double jeopardy, not forcing people to testify against themselves, the guarantee of due process as well as the promise of just compensation upon confiscated property.

6th Amendment (1791)The Sixth Amendment to the U.S. Constitution provides protections for the individual during a trial such as:

a speedy and public trialbeing informed of the chargesto confront witnessesto call witnessesto have a lawyer

7th Amendment (1791)

If you’ve watched even one episode of Law and Order, then you know the role of a jury. The Seventh Amendment of the U.S. Constitution guarantees the right of a jury for civil trials. However, this amendment is not universally applied to all of the states.

8th Amendment (1791)A part of the Bill of Rights, the Eighth Amendment to the U.S. Constitution states that neither excessive bail nor cruel and unusual punishment is permitted. The tricky thing about this amendment is the changing nature of what constitutes “cruel and unusual.”

9th Amendment (1791)This is a little strange and serves as kind of a catch-all. The Ninth Amendment to the U.S. Constitution states that beyond the explicitly written rights, any infringement of the unwritten rights by the government is not allowed. A prime example is the idea of privacy – not expressly written in the Constitution, it is nonetheless protected.

10th Amendment (1791)

The Tenth Amendment to the U.S. Constitution details the notion of federalism by expressly writing that those powers explicitly written in the Constitution for the federal government are its only powers – its delegated powers (see Article I of the Constitution). All other authority or powers are to be given to the states (reserved powers) or the people.

11th Amendment (1795)The 11th Amendment to the U.S. Constitution states that the federal courts cannot decide any suit against a sovereign state by either a citizen of another state or a foreign country. Subsequent Supreme Court cases have extended the scope of this law to include a general immunity of states to such action.

12th Amendment (1804)In accordance to Article II of the U.S. Constitution, elections were meant to create a president from the one who garnered the most votes and vice president from the one who came in second. However, this caused some uncomfortable working relationships.

The Twelfth Amendment to the U.S. Constitution created the idea of a ticket where voters would select the best “ticket” or in essence, Americans vote for president and vice president as two separate selections. In the event of a tie, the House would select the president and the Senate would select the vice president.

13th Amendment (1865) The Thirteenth Amendment to the U.S. Constitution abolishes the practice of slavery and was born out of the American Civil War, along with the Fourteenth and Fifteenth Amendments.

14th Amendment (1868) The Fourteenth Amendment to the U.S. Constitution defined citizenship, declaring that states could not infringe upon a citizen’s constitutional rights.

Along with the Thirteenth and Fifteenth, they are collectively known as the Civil War amendments.

15th Amendment (1870)The Fifteenth Amendment to the U.S. Constitution gave former slaves and all black men the right to vote and forbade any state from denying a black man’s right to vote.

Along with the Thirteenth and Fourteenth, they are collectively known as the Civil War amendments.

16th Amendment (1913)The Sixteenth Amendment to the U.S. Constitution put in place a progressive federal income tax. A previous attempt in 1894, the product of Populist demands, was struck down by the Supreme Court as unconstitutional. However, Pres. William H. Taft introduced and Pres. Woodrow Wilson pushed through the legislation in 1913.

The income tax and the subsequent agency tasked with implementation, the IRS, have always been the source of criticism with suggestions of a flat tax or a value added tax.

17th Amendment (1913)The Seventeenth Amendment to the U.S. Constitution established as law the direct election of senators. Prior to this amendment, a state’s legislators would select the senators of that state in a by-proxy democracy.

In the event of a vacancy, such as what happened when former Senator Hillary Rodham Clinton left her post to become Secretary of State under President Barack Obama, the governor of that state will fill that role until new elections are held.

18th Amendment (1918)The Eighteenth Amendment to the U.S. Constitution prohibited the manufacturing, sale or transport of alcohol. Both the Congress and the States will have the concurrent power to enforce this amendment. (Repealed by the Twenty-first Amendment)

19th Amendment (1920)The Nineteenth Amendment to the U.S. Constitution gave women the right to vote. The amendment was the culmination of decades of work by women activists that, at times, was characterized as maniacal and unpatriotic. Strangely, after the right was procured, the women’s movement dropped off but ramifications continued. Women have since played a major role in national elections. They tend to vote more than men and tend to vote for the Democrats more than men. Since 1920, the year the amendment passed, female candidates for office have risen, with a dramatic increase in the 1990s.

20th Amendment (1933)The Twentieth Amendment to the U.S. Constitution sets the terms for both the president and members of Congress. Presidential and vice presidential terms end at noon on 20 January. Congressional terms end at noon on 3 January.

Congress must meet at least once a year, meeting at noon on 3 January.

In the event of no president elect, the vice president elect shall act in that place. If neither a president or vice president elect is qualified, the Congress shall select someone.

21st Amendment (1933)The Twenty-first Amendment to the U.S. Constitution is a repeal of the Eighteenth Amendment, banning the manufacturing, sale and transport of alcohol.

22nd Amendment (1951)

Upon the death of Franklin D. Roosevelt during his fourth term as president, the Congress considered turning the tradition of two terms into constitutional law. The Twenty-second Amendment to the U.S. Constitution states that presidents can serve no more than two terms or ten years.

23rd Amendment (1961)In accordance to the Twenty-third Amendment to the U.S. Constitution, citizens of the District of Columbia to vote for electors in choosing the president and vice president, allowing them to vote for those positions.

24th Amendment (1964)In an attempt to bypass federal legislation, southern states had placed poll taxes and literacy tests to prevent blacks from voting. By 1964, some three million blacks were not registered to vote. The Twenty-fourth Amendment to the U.S. Constitution outlawed any obstacle to voting in national elections, focusing on poll taxes.

25th Amendment (1967)

Also referred to the “presidential disability” amendment, the Twenty-fifth Amendment to the U.S. Constitution spells out the procession of events should a president die, resign or otherwise vacates or cannot perform the duties of the office, either permanently or temporarily. The vice president would step in and would nominate a vice president, to be subjected to approval by both houses of Congress.

26th Amendment (1971)The Twenty-sixth Amendment to the U.S. Constitution lowered the voting age to 18. This was necessary as the Supreme Court had previously struck down 18-year-old voting laws in various states.

While initial excitement led many 18-21 year olds to register, this demographic has been conspicuously absent on presidential and congressional election days.

27th Amendment (1992)The Twenty-seventh Amendment to the U.S. Constitution sought to prohibit Congress from voting on their own pay raises. Therefore, in accordance with the amendment, any such raise voted by Congress does not take affect until the next Congress.