Articles of the Constitution (1)

8/8/2019 Articles of the Constitution (1)

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Articles of the Constitution


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Articles 1-3

Lay out the branches of government, theirresponsibilities, how they are elected and howthey are responsible for interacting with theother branches.

The Constitution sets up a system of checks andbalances, which keeps any branch from becomingtoo powerful Example: Congress has the powers to pass bills into

law. President can veto(reject) laws. Congress canoverride the Presidents veto with a 2/3 majority vote.Supreme Court has the power to review laws andstrike down any law they deem unconstitutional.


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Article 1- The Legislative Branch

Section 1- Congress of the US will consist of 2 houses- House ofRepresentatives and Senate

Section 2- House of Representatives

a) Term- elected every 2 years by the people of each state

b) Qualifications- at least 25 years old, have been a citizen for at least 7years, must live in the state you are representing (at the time ofelection).

c) Number of Representatives- Based on each states population(including 3/5 compromise before slavery was eradicated).Population will be determined by the Census every 10 years. Every

state will have at least 1 representative.d) Officers and Impeachment- representatives choose their speaker

and other officers and have the power to impeach them (get rid ofthem)


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Article 1 Cont.

Section 3- The Senatea) Term-2 senators from each state (originally chosen by legislatures,

now we elect them) elected to serve for 6 years. Each senator gets1 vote.

b) Term Rotation- Elections are sequenced so that there are 3 classesof Senators, with elections occurring every two years. Classes are upfor reelection in rotation. (so that they dont all change at once,makes things more consistent.)

c) Qualifications- at least 30 years old, citizen for at least 9 years, mustlive in the state they represent (at the time of election)

d) Role of Vice President- VP is President of Senate, but doesnt voteunless they are equally divided.

e) Officers- Senate chooses their own officers and a President protempore who serves as President of the Senate when VP isnt there.

f) Power to Impeach- Senate has the sole power to try allImpeachments (official accusations of wrong doing). They only havethe power to remove them from office, cant try them in criminalproceedings. To impeach, they need a 2/3 majority vote.


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Cont.

Section 4- Congressional Elections- determined

by state legislatures

Section 5- Rules and Procedures- how they mustbehave, keep records, rules for vacation.

Section 6- Payment- Paid by the Treasury. Cant

be arrested during session or on their way to

or from Congress. Cant serve in another civil

office during their term.


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Cont.

Section 7- How a Bill Becomes a Law

http://www.kidstube.com/play.php?vid=1923


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Cont. Section 8-Congressional Powers (Shared)

Taxation- create and collect taxes to pay the debts and for the common

defense and general welfare the US, must be uniform across the US Credit- borrow money on credit

Regulate Commerce with Foreign Countries and Native American tribes

Rules for Citizenship and Bankruptcy

Coin Money and regulate value of money

Provide for Punishment for Counterfeiting money

Establish Post Office Patents and Copyrights

Define and punish felonies committed on the high seas or in other countries

Declare War

Raise and support army

Provide and maintain navy

Make rules for military Call for militia when deemed necessary to suppress insurrections or repel

invasions

Make laws for Washington DC

Elastic Clause- Do whatever is deemed necessary and proper (gives the thepower to make laws that meet the needs of changing times)


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Cont.

Powers to the Senate only:

Approves appointments to the federal government

(cabinet positions, Supreme Court nominees) Power to try (serve as jury) during impeachment trials.

Chooses Vice President if no candidate receives a majorityin the Electoral College. (before VP was on Pres. Ticket)

Powers to the House only:

Initiates all tax bills

Can bring impeachment charges against federal officials

Selects President if no candidate receives a majority in theElectoral College.


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Cont.

Section 9:Powers Denied to Congress Slave Trade- cant make changes for 20 years (gone now)

Habeas Corpus- not allowed to suspend habeas corpus(requires government to be brought to court and have an

explanation for why he or she is being held) Illegal Punishments- No Bill of Attainder (laws declaring

that a person is guilty of a particular crime) or ex post factolaws ( law made after a crime and punishes people for actsthat were not illegal at the time)

Direct Taxes- no taxes unless based on the Census. Export Taxes- no taxes on exports

No Favorites- no giving favor to one state over another

Titles of Nobility- cant grant titles (like King, Prince, etc)


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Cont.

Section 10- Powers Denied the States

- No entering into treaties or alliances, coiningmoney, bills of credit, illegal punishments (seeabove) or titles of nobility

- no taxes on imports and exports from otherstates

- no keeping an army or navy, or waging warwithout Congressional permission (unlessactually invaded)


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Article 2: The Executive

Section 1: The Presidency Term- 4 years along with the Vice President.

Electoral College- Each state appoints a number of Electors equal tothe total of Representatives and Senators (no actual Representatives,Senators or any other people who hold a govt. office can do it)

Former Method of Electing Presidents- Each state decided who to vote

for at the Electoral College through a complicated process that nolonger exists.

Election Day- Congress determines day for Election throughout thecountry (in 1845, Congress set the Tuesday following the first Mondayin November of every fourth year as the general election date)

Qualifications- Must be a natural born citizen, must be at least 35years old, and must have been a resident in the US for 14 years.

Succession- If a President is removed, resigns or dies the VP takes over.If both Pres. And VP are gone, Congress declares which officer will actas President (officially now, the Speaker of the House.)

Salary- Salary is set and cant be increased or decreased during histerm of office (in 1999, Congress set the salary at $400,000 per year,plus an expense account. Only pays tax on the salary.)

Oath of Office- Says the official oath of office.


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Article 2 Cont.

Section 2: Powers of Presidency

Military Powers- Commander in Chief of the Army andNavy and of the militia (if called into service)

Has the power to grant reprieves (delay of punishment) orpardons (releases from legal penalties associated with acrime) for crimes against the US, except treason.

Treaties- can make treaties, but 2/3 of the Senate mustagree.

Appointments- Ambassadors, Cabinet Members, SupremeCourt Justices, and other Officers of the US are at hisappointment, but must be approved by the Senate

Vacancies- Has the power to fill all vacancies that happenduring the Senates recess, but only until the end of the

next session.


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Article 2, Cont.

Section 3- Presidential Duties

- Every year the President must give Congressinformation on the State of the Union (annual addressin January) which explains the legislative plan for the

year.- He can convene both houses of Congress or adjournthem in cases of disagreement.

-He receives all ambassadors and other foreign

diplomats-take care that laws be faithfully executed

-commission all officers of the USA


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Article 2 Cont

Section 4- Impeachment- President, VP and all

officers of the US are removed from Office on

Impeachment for, and conviction of Treason,

bribery or other high crimes or misdemeanors

2 presidents have been impeached (meaning they

have been tried by the Senate), Andrew Johnson

and Bill Clinton. Neither was convicted by theSenate, which means we havent had a President

removed from office through this process.


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Article 3: The Judiciary

Section 1- Federal Courts and Judges-

Established the Supreme Court and a system

of inferior courts, to be determined by

Congress. The judges hold their offices during

good behavior (meaning they can only lose

the office by breaking the law) and receive

payment which cant be decreased duringtheir time in office.


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Article 3

Cont. Section 2- Authority of the Courts

General Authority- power extends toall cases arising under theConstitution including: Treaties

Cases affecting public officials orambassadors

Case to which the US is a party

Between 2 or more states Between citizens of different states

Between citizens of the same stateclaiming land under grants of differentstates

****Basically any ? Of whether a law isconstitutional or not

- Supreme Authority--Original Jurisdiction- only on cases

affecting Ambassadors or other publicofficials or in which a state is a party.

-Appellate Jurisdiction in all other cases


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Article 3 Cont.

Section 2 Cont. Trial by Jury- trial of all crimes, except impeachment,

must be by Jury and must be held in the state where itwas committed.

Section 3- Treason Treason against the US is only- levying War or

adhering to enemies (giving aid and comfort). No onecan be convicted of treason unless there are 2

witnesses to the act or they confess. Congress has the power to decide the punishment for

Treason, but they cant punish the family of theperson convicted


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Article 4: Relations between the States

Section 1- State Acts and Records- states must recognizewith full faith and credit the acts (laws), records, andcourt proceedings of the other states (main application- if astate has had a court case that conclusively decided onsomething, other states must recognize this case asestablished law if it isnt in violation of their states

constitution; also cant escape the laws of one state bymoving to another.)

Section 2- Rights of Citizens Citizenship- citizens of every state is entitled to the privileges

and immunities of citizens in other states.

Extradition- a person who is charged with a crime in one stateand flees the state and is found in another state must be sent tothe state where the crime was committed.

Fugitive Slaves- Fugitive slaves from one state cant be dismissedfrom slavery in another and must be returned the owner.(obviously no longer applicable)


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Article 4 Cont.

Section 3- New States- Admission-New states can be admitted by Congress, but

not state can be formed within another state or by joiningtwo or more states without permission of the state

legislatures involved and Congress. Congress has the power to make rules for all the property

and territories belonging to the US

Section 4-Guarantees to the States US government grants to the states-

Republican form of government Protection from invasion

Protection from domestic violence (meaning terrorist attacks orattacks from other states)


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Federalism- Shared authority of states

and the national government

National Government

-Declare War

-Maintain Armed Forces-Regulate Interstate and

Foreign Trade

-Admit New States

-Establish Post Office

-Set Standard Weights

and Measures

-Coin Money

-Establish Foreign Policy-Make laws necessary

for carrying out

responsibilities

State Governments

-Establish and Maintain SchoolsEstablish Local Governments

Regulate business within state

Make Marriage laws

Provide for Public Safety

(police, fire)

Assume other powers not given to national

government or

prohibited to the states

State Governments

-Establish and Maintain SchoolsEstablish Local Governments

Regulate business within state

Make Marriage laws

Provide for Public Safety

(police, fire)

Assume other powers not given to national

government or

prohibited to the states

Shared

-Maintain Lawand Order

-Levy Taxes

-Borrow Money

-Charter Banks

-Establish courts

-Provide for

public welfare


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Article 5- Amending the Constitution

Congress can propose amendments to theConstitution whenever they deem necessary bygetting a 2/3 vote in both houses. State legislaturescan also call for a convention to do so with 2/3 of all

legislatures applying for the convention. (this is justto propose one!!!)

To be added to the Constitution as an amendment itneeds to1- be passed by of the State Legislatures

OR 2- passed by of the ratifying conventions held bythe states.

Congress decides which one to use.


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Article 6: Supremacy of National

Government

Constitution and all treaties, etc, made under theauthority granted by the Constitution is theSupreme Law of the Land

Judges in every state are bound by the laws of theConstitution

All elected officials of National Government andState governments are bound by an Oath to

support the constitution. No religious test will ever be a required

qualification for any office under the US


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Article 7: Ratification

Required 9/13 of the states to agree in order

to ratify the constitution.

1st

state to ratify-Delaware (12/7/1787) Last state (of the original 13)- Rhode Island

(5/29/1790)

Documents

Articles of the Constitution (1)