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Constitution

Constitution. Esther Roeder Period 5. Article One. House of Representatives-. Senate-. Qualifications: Article one, section three, has three qualifications listed for the senate. 1.) Must be at least 30 years old 2.) Must have lived in the U.S.A. for the past nine years

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Constitution

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  1. Constitution Esther Roeder Period 5

  2. Article One House of Representatives- Senate- Qualifications: Article one, section three, has three qualifications listed for the senate. 1.) Must be at least 30 years old 2.) Must have lived in the U.S.A. for the past nine years 3.) Must live in the state you are representing Elections are held every six years. Responsibilities: The senates responsibilities are to work on legislative reforms and settling conflicts of interest between federal institutions. Qualifications: Article one, section two, has three qualifications set for the house of representatives. 1.) Must be at least 25 years old 2.) been a citizen of the U.S.A. for at least 7 years 3.) Must live in the state you represent Elections are held every two years. Responsibilities: Members of the House of Representatives are expected to read, review, and pass on bills, counting and declaring votes on issues, and pass on new laws.

  3. Article Two President- Qualifications: • Natural born citizen of the U.S.A. • At least 35 years old. • Been a resident of the U.S.A. for the past 14 years. Elections are held every four years. Responsibilities: • Make treaties. • Informs congress of the state of the union. • Fill vacancies. • Ensures that the laws are faithfully executed. • Veto laws. • Declare state of emergency. • Appoint ambassadors, public ministers, consuls and judges of the supreme court.

  4. Article Three-Supreme Court: Tenure: May serve the remainder of their lives unless they choose to resign or retire or are impeached/convicted by congress. Responsibilities: • Decide cases questioning constitutionality. • Decide cases involving navigable waters. • Decide cases in which the U.S. is a party. • Decide cases between two or more states. • Decide cases between citizens of different states.

  5. Amendment One Amendment one says: “Congress 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 peaceably to assemble, and to petition the Government for a redress of grievances.” •  Amendment I gave Freedom of the Press but this has had to be defined and clarified by the Supreme Court since it was written. •  Freedom of the Press was defined as, "every sort of publication which affords a vehicle of information and opinion."  This definition came about in 1938 during the case Lovell v. City of Griffin by Chief Justice Hughes.   Freedom of the press, like freedom of speech, is subject to restrictions on bases such as defamation law. •  1972 - Branzburg v. Hayes - The court ruled that the First Amendment did not give a journalist the right to refuse a subpoena from a grand jury.  The issue decided in the case was whether a journalist could refuse to "appear and testify before state and Federal grand juries" basing the refusal on the belief that such appearance and testimony "abridges the freedom of speech and press guaranteed by the First Amendment."  The 5-4 decision was that such a protection was not provided by the First Amendment.

  6. Amendment Five Amendment Five says: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” • Amendment 5 of the Constitution protects citizens from abuse of governmental authority in a legal proceeding. Amendment 5 of the Constitution protects us from: • double jeopardy (can't be tried twice for the same offense) • self-incrimination - can plead the 5th amendment.  To do so is to refuse to answer a question because the response could provide self-incriminating evidence cannot be deprived of life, liberty or property without due process of law.  Includes protection in cases of eminent domain where just compensation is required.

  7. Amendment Fourteen Amendment Fourteen says: Section 1.“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Section 2.“Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.” Section 3.“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.” Section 4.“The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.” Section 5.“The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.” • Amendment 14 was passed in 1868 shortly after the civil war. • It protected citizens from states abridging of denying constitutional rights. • It also gave equal protection to all people in later Supreme Court Decisions such as in 1954 related to racial issues and end of segregation and in 1971 extended those rights to gender.

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