Outline and Summary of US Constitution

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Outline and Summary of the United States Constitution (1787/89) Preamble: (verbatim) We the People of the United States,

in Order to forma more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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. Article I: Section 1: All legislative powers are given to the Congress, which will consist of two houses, the Senate and the House of Representatives. Section 2: Rules regarding the selection of members of the House of Representatives -Members of the House will be chosen every 2 years. Representatives must be at least 25 years old, a citizen of the United States for at least 7 years, and a resident of the state from which they are elected. -Each state will have a certain number of representatives, and also pay direct taxes, on the basis of population size. The number used will be determined by adding up the whole number of free persons (including servants, women, children, non-voters) and excluding Indians not taxed plus 3/5 of all other persons (e.g. slaves). -The governor of each state will call elections to fill vacancies in the House. -The members of the House will choose their speaker and other officers; and they have the sole power to impeach. Section 3: Rules regarding the selection and powers of the senate -The senate will consist of two senators from each state, chosen by the legislature of the state. They will have terms of six years. If a senator resigns or leaves office when the state legislature is out of session, the governor may temporarily appoint a replacement. -Members of the senate must be at least 30 years old, have been a citizen of the United States for at least 9 years, and be a resident of the state from which they are elected. -The Vice President of the United States is President of the Senate, but only votes in case a tie-breaker is needed. -The members of the senate will choose their officers. -The senate has the sole power to try impeachments. A conviction must have a 2/3 majority. If the senate convicts someone in an impeachment trial, that person may be removed from office and/or disqualified from

holding any office. But that person may be subject to trial in a criminal court. Section 4: State legislatures will decide how and when senators will be elected although Congress may make changes to their plan. Congress will assemble at least once per year, beginning on the first Monday in December. Section 5: (concerns the rules of operation of the Congress) Section 6: Members of the Congress will be paid for their services. They will have immunity from arrest and freedom of speech while in office unless they commit treason, a felony, or a breach of the peace. While in office, no member of Congress may accept another office or the benefits of another office. Section 7: All bills having to do with raising revenue must begin in the House of Representatives, but the Senate may add amendments to such bills. Every bill passed by both the House and the Senate will be submitted to the president for approval. He may veto the bill, but if 2/3 of the members of each house pass it again it becomes law. Every order, resolution or vote must be presented to the president. Section 8: Powers of Congress -to impose a variety of taxes in order to pay for defense and the general welfare, as long as all such taxes are the same throughout the states. -to borrow money; -to regulate commerce with foreign nations, between the states, and with Indian Tribes; -to establish laws on naturalization and on bankruptcy; -to coin money, regulate its value, and fix standard weights & measures; -to regulate the punishment of counterfeiters of U.S. money; -to establish post offices and post roads; -to promote the progress of science and useful arts by securing patents and copyrights; -to create a court system below the Supreme Court; -to define and punish piracies and crimes on the high seas;

-to declare war, commission privateers, and make rules about captures of prizes on land and sea; -to raise and support armiesbut no appropriations for armies may be for longer than two years; -to provide and maintain a navy; -to make rules to govern and regulate the army and navy; -to establish rules for calling out the militia to execute the laws, suppress rebellions, and repel invasions; -to provide for organizing, arming, and disciplining the militia; -to legislate for a capital district (i.e. the District of Columbia); and also to legislate for federal land used for forts, etc. -to make all laws that are necessary and proper for carrying out any of the above listed powers and other powers given to the government by this constitution. Section 9: Limits on Congressional Power Congress may not prohibit the migration or importation of anyone to the United States before 1808, though it may impose a tax on the importation of persons. [This is about the international slave trade.]] The write of habeas corpus shall not be suspended unless public safety requires it, as during an invasion or rebellion. No laws that punish people without a trial (bill of attainder) or laws that apply to people after the fact (ex post facto) may be passed. No poll tax or direct tax (e.g. a tax on land value; one paid directly to the government) may be imposed unless in proportion to the population of a state. Congress may not tax articles exported from any state. Congress may not give legal preference to some ports over others. Also, no ship bound to or from one state may be required to enter or pay taxes in another state. Congress may only spend money drawn from the treasury and only to pay for appropriations made by law. Regular accounts of receipts and expenditures must be published.

Congress may not grant titles of nobility; nor may any U.S. office holder accept any gift, benefit, office, or title from any foreign state. Section 10: Limits on States under the Constitution States may not form treaties or alliances, commission privateers, coin money, borrow money, allow paper money to be used for payment of debts, pass laws that punish people without trial, pass ex post facto laws, pass laws that undermine contracts, or grant any title of nobility. States may not impose duties on imports and exports except as needed to enforce inspection lawsand those monies will go to the U.S. treasury. No state may keep troops or ships of war in time of peace, form an alliance with another state or with a foreign power, or engage in war unless actually invaded. Article II: Section 1: The executive power of the United States will given to the President. He will hold office for a term of 4 years and, along with the vice president, will be elected as follows: -[A description of the electoral college systemeach state appoints electors equal to the number of senators and representatives to Congress. These electors will meet in their states and vote for two persons, one of whom must live in a different state. The results of these elections will be sent to the U.S. Senate. The person with the greatest number of votes will be President as long as he receives a majority of the electors. The person with the second greatest number of votes will be vice president. If there is a tie, or if there is not a majority, then the House of Representatives will choose the president. The Senate will choose the vice president.] -The president must be a natural born citizen of the United States. The president must be at least 35 years old and be a resident of the United States for at least 14 years. -If the president leaves, or is removed from, office, the vice president will take his office. Congress may pass a law to determine who will act as president if both the president and vice president are both unable to act as president. -The president will be paid a salary. He may not receive any other benefits from the United States or from any state. -The president must swear an oath upon taking office. [listed here] Section 2: Powers of the President

-The president will be commander in chief of the army and navy of the United States of the state militias. -He may require the heads of government departments to submit reports to him in writing. He also has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. -He has the power to make treaties, with the advice and consent of the Senate; -to appoint ambassadors, consuls, judges of the supreme court, and other officers of the United States (except those listed in the constitution); These appointments must be approved by the Senate unless Congress decides that some inferior officers may be chosen by the president alone; -the president may fill vacancies in official positions when the senate is in recess. Section 3: Presidential powers continued -He shall give Congress information on the state of the union. -He may, in extraordinary circumstances, convene both houses or either of them. -If they disagree about adjournment, he may also adjourn them to such a time as he may think proper. -He shall receive ambassadors and other public officials; -He shall take care that the laws be faithfully executed and shall commission officers of the United States. Section 4: The President, Vice President, and all civil [not military] officers of the United States shall be removed from office if they are impeached and convicted of treason, bribery, or other high crimes and misdemeanors. Article III: Section 1: The judicial power of the United States shall be given to one supreme court, and also to inferior courts that Congress may establish. Judges will hold their offices during good behavior and will be paid. Section 2: Jurisdiction of the Supreme Court -extends to all cases arising under the constitution, the laws of the United States, and in treaties made under their authority; -also extends to cases affecting ambassadors, public officials, and consults; -to all cases of admiralty or maritime jurisdiction;

-to cases in which the United States is a party; -to cases between two or more states, between a state and citizens of another state; or between citizens of different states. -to cases between citizens of the same state claiming lands under grants from different states, and cases between a state or the citizens of a state and a foreign country. -In cases affecting ambassadors, public officials, and consults and those in which a state is a party, the supreme courts has original jurisdiction. In other cases, the supreme court acts as an appeals court. -The trial of all crimes, except case of impeachment, will be by jury; and the trial will be held in the state where the crimes were committed. Section 3: Treason against the United States will consist ofwaging war against them, or giving aid & comfort to U.S. enemies. No one may be convicted of treason without the testimony of two witnesses to the same act, or on confession in open court. Congress may determine the punishment for treason, but such punishment may not prevent the convicted persons heirs from inheriting his property. Article IV: Section 1: Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings in every other state. Section 2: The citizens of each state are entitled to all the privileges and immunities of citizens in the several states. A person charged with a crime who flees to another state must be extradited to the state from which he fled. No person who is bound to service or labor in one state (e.g. a slave) who flees to another state shall be discharged from their service or labor (e.g. because slavery is illegal in that state). They must be returned to the person to whom they owe service or labor. Section 3: New states may be admitted by Congress to this union, but no new state may be formed inside the boundaries of another state. Nor can a new state be formed by existing states or parts of states joining together unless both the Congress and the relevant state legislatures consent. Congress has the power to regulate the territories and other property belonging to the United States.

Section 4: The United States shall guarantee to every state in this union a republican form of government, and shall protect them from invasion; and if asked by the state legislature or governor also protect them against domestic violence. Article V: The is the procedure by which this constitution may be amended, requiring the consent of 2/3 of the House of Representatives, 2/3 of the Senate, and of the state legislatures to approve. Amendments may be initiated by the states or by Congress. Article VI: The United States accepts responsibility for all debts contracted before this Constitution. The Constitution and the Laws of the United States and all treaties shall be the supreme law of the land, and the judges in every state will be bound by these anything in the state constitution or state laws notwithstanding. Senators, Representatives, members of state legislatures, and all executive officers and judges may be bound by oath or affirmation to support the constitution. But there shall never be a religious requirement as a qualification to hold office or public trust in the United States. Article VII: This document must be ratified by 9 states to become effective. The Amendments The first ten amendments to the Constitution were all adopted at the same time and are collectively known as the Bill of Rights. 1791. The 1st Amendment protects the people's right to practice religion, to speak freely, to assemble (meet), to address (petition) the government, and of the press to publish. The 2nd Amendment protects the right to own guns. There is debate whether this is a right that protects the state, or a right that protects individuals. The 3rd Amendment guarantees that the army cannot force homeowners to give them room and board. The 4th Amendment protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason). The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, that they may not be tried twice for the same crime, that you need not be forced to testify against yourself, and from property being taken without just compensation. It also contains due process guarantees.

The 6th Amendment guarantees a speedy trial, an impartial jury, that the accused can confront witnesses against them, and that the accused must be allowed to have a lawyer. The 7th Amendment guarantees a jury trial in federal civil court cases (cases greater than the value of $20). This type of case is normally no longer heard in federal court. The 8th Amendment guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines will not be set. The 9th Amendment is simply a statement that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated. The 10th Amendment is the subject of some debate, but essentially it states that any power not granted to the federal government belongs to the states or to the people. Federalism. The 11th Amendment more clearly defines the original jurisdiction of the Supreme Court concerning a suit brought against a state by a citizen of another state. the amendment clarified Article III, Section 2 of the Constitution, which gave diversity jurisdiction to the judiciary to hear cases "between a state and citizens of another state." Immunizes states from suit for money damages or equitable relief without their consent. 1794. The 12th Amendment redefines how the President and Vice-President are chosen by the Electoral College, making the two positions cooperative, rather than first and second highest vote-getters. It also ensures that anyone who becomes VicePresident must be eligible to become President. 1804. The 13th Amendment abolished slavery in the entire United States. 1865. The 14th Amendment ensured that all citizens of all states enjoyed not only rights on the federal level, but on the state level, too. It removed the three-fifths counting of slaves in the census. It ensured that the United States would not pay the debts of rebellious states. It also had several measures designed to ensure the loyalty of legislators who participated on the Confederate side of the Civil War. 1868. The 15th Amendment ensures that race cannot be used as a criteria for voting. 1870. The 16th Amendment authorizes the United States to collect income tax without regard to the population of the states. 1913. The 17th Amendment shifted the choosing of Senators from the state legislatures to the people of the states. 2 Senators per State. 1913.

The 18th Amendment abolished the sale or manufacture of alcohol in the United States. This amendment was later repealed (erased). 1919-1933. The 19th Amendment ensures that gender cannot be used as a criteria for voting. 1920. The 20th Amendment set new start dates for the terms of the Congress and the President, and clarifies how the deaths of Presidents before swearing-in would be handled. 1933. The 21st Amendment repealed the 18th Amendment. 1933. The 22nd Amendment set a limit on the number of times a President could be elected - two four-year terms. It has one exception for a Vice-President who assumes the Presidency after the death or removal of the President, establishing the maximum term of any President to 10 years. 1951. The 23rd Amendment grants the District of Columbia (Washington D.C.) the right to three electors in Presidential elections. 1961. The 24th Amendment ensured that no tax could be charged to vote for any federal office. 1964. The 25th Amendment clarifies even further the line of succession to the Presidency, and establishes rules for a President who becomes unable to perform his duties while in office. Vice President requires majority approval of the Cabinet to become acting President. 1967. The 26th Amendment ensures that any person 18 or over may vote. 1971. The 27th Amendment requires that any law that increased the pay of legislators may not take effect until after an election. 1992.

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