The Handy Dandy Guide to the Constitution

US Government and Politics AP

09/06/05

The Preamble

• We the People of the United States in order to: • Form a more perfect union • Establish justice • Ensure 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

The Articles

• L(azy) = Legislature• E(lephants) = Executive• J(ump) = Judiciary• S(eldom) = States• A(nd) = Amendment• S(it) = Supremacy• R(egularly) = Ratification

Article One: The Legislative Branch

• Section One: Legislative power granted to Congress• Section Two: House of Representatives

• 25 years old, 7 years citizen, 2 year term• Elected by districts based on population• (set at 435 by law in 1924)• 3/5 clause for counting slaves • Impeachment

• Section Three: Senate • 30 years old, 9 years citizen, 6 year term• Elected by state legislatures (changed to election at large by 17th amendment)• 2 per state• Trial of Impeachment

• Section Four: Time, places, and manners of election• Section Five

• Judge of own qualifications • Make own rules

• Section Six• Free from arrest• No serving other branches

• Section Seven• Revenue bills start in the House• How a bill becomes a law

Article One: The Legislative Branch (continued)• Section 8: Powers

• Purse• Taxing and spending for the general welfare• Borrowing• Regulation of interstate and international commerce• Naturalization and bankruptcy• Coin money and standardize weights and measures• Punish counterfeiting• Post Offices and Post Roads• Patents and Copywrights• Create Courts inferior to the Supreme Court

• Sword• Define and punish piracy• Declare war and make rules regarding capture of persons and property• Raise and support an army (no more than 2 years)• Maintain a Navy• Govern armed forces • Call forth the militia • Govern the militia while in service of the US• Govern DC and territories

• Necessary and Proper (Elastic) Clause

Article One: The Legislative Branch (continued 2)• Section 9: Congress CANNOT

• Stop importation of slaves prior to 1808• Suspend Writ of Habeas Corpus (except in times of armed

rebellion)• Pass a Bill of Attainder or Ex Post Facto Law• Lay a Direct Tax (Changed by the 16th Amendment to allow income

tax) • Tax Exports• Favor any state• Draw money from the treasury without an appropriations bill• Grant Title of Nobility

• Section 10: States cannot• Enter treaties, coin money, borrow, pass a bill of attainder or ex

post facto law, impair contracts, or grant titles of nobility• Tax trade, keep standing armies, create treaties with other states

or foreign powers, or conduct war

Article Two: The Executive Branch

• Section One: Executive Power Vested in President• 4 year term• Electoral college (changed by 12th amendment to place president and vice president on separate

ballots)• Natural born citizen, 35 years old, 14 years resident• VP takes over after removal or death • Pay cannot be changed during term • Oath of office

• Section Two: Powers and Roles• Commander-in-Chief• Chief Executive

• Advise from executive officers• Appoint executive officers, ambassadors, and judges with advise and consent of Senate • Recess appointments

• Chief Jurist • Reprieves• Pardons (not in cases of impeachment)• Appoint judges with advise and consent of the Senate

• Chief Ambassador (power to make treaties with 2/3 consent of Senate)• Section 3: Congressional Responsibilities

• State of the Union• Convene both Houses

• Section 4: removal by impeachment

Article Three: The Judicial Branch• Section One

• Judicial Power vested in Supreme Court and lower courts that Congress shall create

• Judges serve lifetime terms• Pay cannot be reduced

• Section Two: Federal Judicial Jurisdiction• Cases and controversies arising under federal law, ambassadors,

diversity of citizenship, vs. US, maritime, state vs. state• Original Jurisdiction of the Supreme Court (go to the Supreme Court, Go

directly to the Supreme Court, do not pass the District Courts, do not collect $200)

• State vs. State• Treaty• Maritime• Ambassador

• Criminal Trials• Jury • Venue

• Section Three: Definition of Treason• 2 witnesses to same overt act • Punishment does not carry on to future generations

Article Four: States

• Section One: Full Faith and Credit• Section Two:

• Privileges and Immunities • Extradition• Fugitive Slave Clause

• Section Three: New States• Section Four: Guarantee of Republican

Form

Article Five: Amendment

• Four Methods of Amendment• 2/3 of both houses of Congress propose and

¾ of state legislatures ratify (most common form)

• 2/3 of both houses of Congress propose and ¾ state ratifying conventions ratify

• 2/3 of states meet in convention and ¾ state legislatures ratify

• 2/3 of states meet in convention and ¾ state ratifying conventions ratify (body of the Constitution)

Article Six: The Supremacy Clause

• US government assumes debts under Articles

• Constitution is Supreme Law of Land (Constitution/treaties-> federal law-> state law)

• Oath of office and protection against religious test

Article Seven: Ratification

• Need 9 states to make Constitution official• States in Order of Ratification (for fun)

• Delaware (dinnerware)• Pennsylvania (fountain pen)• New Jersey (Jersey cow)• Georgia (king george)• Connecticut (two cuts connected by a bandaid)• Massachusetts (massive piece of ice)• Maryland (Marilyn Monroe) • South Carolina (Ocean Liner going South)• New Hampshire (New ham)• Virginia (“Take me back to Ole Virginny”)• New York (Empire state building)• North Carolina (Ocean liner going North)• Rhode Island (Rhode Island Red Rooster)

The Bill of Rights

• 1 -> 5 (look at your hand)• 2 bare arms• 3 quarters in the slot machine• 4 ss salute• 5 pleading the fifth in court• 6 sixty-six miles per hour on route 66 in your

66 mustang• 7 people might be on one of these • 8 cant hang the fat man • 9 happy nights, unenumerated rights • 10 x 5 = 50 states

The 27 provisions of the Bill of Rights • First Amendment

• No establishment of religion • Free exercise of religion • Freedom of Speech • Freedom of Press• Freedom of Assembly• Freedom of Petition

• Second amendment: Right to bear arms • Third Amendment: protection against quartering of troops• Fourth Amendment: protection against unreasonable search

and seizure• Fifth Amendment

• Grand Jury Indictment (except in military law)• No double jeopardy • No self incrimination • Due process when deprived of life, liberty, or property• Reimbursed for taking of property by imminent domain

The 27 provisions of the Bill of Rights (Continued) • Sixth Amendment (rights of criminally accused)

• Speedy Trial • Public Trial • Trial by jury of peers • Venue in which crime took place • Informed of charges • Confrontation of witnesses • Bring favorable witnesses • Attorney

• Seventh Amendment: jury in civil trial over $20• Eighth Amendment

• No excessive bail • No excessive fines • No cruel or unusual punishment

• Ninth Amendment: unenumerated rights • Tenth Amendment: powers not given to the United States retain by

states and people

Amendments 11-27

• 10x5=50, oops forgot one, 11• State judicial rights • Sovereign immunity

• Graduate 12th grade go to the electoral college• Changed electoral college to place pres and vp on separate ballots• No more Adams/Jefferson problems

• 13 freed slaves • 14 newly freed citizens

• Grants citizenship to all persons born in the US • Privileges and immunities Clause • Due Process Clause• Equal Protection Clause

• 15 Black men voting• Turn 16, get a job, pay income tax• Seventeen senators directly elected • When you are 18, you can vote and marry, but you can’t drink

(prohibition!)

Amendments 11-27 (continued)• 19-20! The best year ever, as women cast their first votes!• January 20th, Inauguration Day• When you are 21, you can drink legally (repeal of prohibition) • 2,2,2 terms for the president• 2-3, D-C can vote in the electoral college• On December 24, Santa is out of town, so he pays no pole

taxes (poll taxes)• On December 25, Woodrow Wilson had a stroke and his wife

took over the presidency. To prevent that, this amendment was passed granting power to the VP when the President is incapacitated.

• 2+6=8 teen to vote• 27% raise for Congress cannot go into effect until next term