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The Handy Dandy Guide to the Constitution

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

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The Handy Dandy Guide to the Constitution

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  1. The Handy Dandy Guide to the Constitution US Government and Politics AP 09/06/05

  2. 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

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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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)

  11. 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

  12. 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)

  13. 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

  14. 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

  15. 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

  16. 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!)

  17. 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

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