Overview of the U.S. Constitution

Aug 27, 2024

Constitution of the United States of America - Key Points

Preamble

  • Purpose: To form a more perfect union, establish justice, ensure domestic tranquility, provide for common defense, promote general welfare, and secure liberty for current and future generations.

Article I: Legislative Branch

Section 1: Congress

  • Legislative powers vested in Congress, composed of the Senate and House of Representatives.

Section 2: House of Representatives

  • Members chosen every two years by the people.
  • Representatives must be at least 25 years old, a U.S. citizen for 7 years, and inhabitant of the state elected from.
  • Apportionment based on population, excluding non-taxed Native Americans, using a three-fifths compromise.
  • The House has the power of impeachment.

Section 3: Senate

  • Composed of two Senators from each state, serving six-year terms.
  • Senators must be at least 30 years old and a U.S. citizen for 9 years.
  • The Vice-President is the President of the Senate, votes only to break ties.
  • Senate conducts impeachment trials.

Section 4-7: Operations and Powers

  • Congress can change state regulations on election procedures.
  • Each house judges its members, maintains quorum, and can expel members.
  • Senators and Representatives compensated and privileged from arrest during sessions.
  • Revenue bills originate in the House; Presidential approval required for bills to become law.

Section 8: Powers of Congress

  • Taxation, defense, regulation of commerce, currency, post office, sciences, war declarations, and necessary laws.

Section 9: Limits on Congress

  • No suspension of habeas corpus, no bills of attainder or ex post facto laws.
  • No taxes on exports, treasury funds withdrawn only by law.

Section 10: Limits on States

  • States cannot form treaties, coin money, or engage in war without Congressional consent.

Article II: Executive Branch

Section 1: The President

  • Executive power vested in the President; elected for four-year terms.
  • Electoral College system explained.
  • President must be a natural-born citizen, at least 35 years old.

Section 2: Powers and Duties

  • Commander-in-Chief, treaty-making, and appointments with Senate's consent.
  • Reprieves and pardons, except for impeachment.

Section 3-4: Responsibilities

  • State of the Union reports, law execution, and officer commissioning.
  • Impeachment for treason, bribery, or other crimes.

Article III: Judicial Branch

Section 1: Courts

  • Judicial power vested in the Supreme Court and inferior courts.

Section 2: Jurisdiction

  • Extends to cases under the Constitution, between states and involving ambassadors.
  • Original jurisdiction for certain cases; rest appellate.

Section 3: Treason

  • Defined as levying war or aiding enemies; conviction requires two witnesses.

Article IV: States' Relations

  • Full faith and credit to each state’s public acts and records.
  • Citizens entitled to various privileges; extradition of criminals.
  • Admission of new states; federal protection for states.

Article V: Amendment Process

  • Amendments proposed by two-thirds of both houses or state conventions; ratified by three-fourths states.

Article VI: Federal Powers

  • Constitution as the supreme law; all officers bound by oath.
  • Prohibition of religious tests for office.

Article VII: Ratification

  • Constitution effective upon ratification by nine states.

Amendments

Bill of Rights (Amendments 1-10)

  1. Freedom of religion, speech, press, assembly, petition.
  2. Right to bear arms.
  3. No quartering of soldiers.
  4. Protection against unreasonable searches and seizures.
  5. Due process, double jeopardy, self-incrimination protections.
  6. Right to a speedy, public trial.
  7. Right to trial by jury in civil cases.
  8. No excessive bail or cruel punishment.
  9. Protection of rights not listed.
  10. Powers not delegated are reserved to states.

Subsequent Amendments

  • 11: Limits judicial power over states.
  • 12: Revises presidential election procedures.
  • 13: Abolishes slavery.
  • 14: Defines citizenship, equal protection, and due process.
  • 15: Voting rights regardless of race.
  • 16: Income tax authorized.
  • 17: Direct election of Senators.
  • 18: Prohibition of alcohol (later repealed by 21st).
  • 19: Women's suffrage.
  • 20: Terms of President and Congress.
  • 21: Repeals prohibition.
  • 22: Limits presidential terms.
  • 23: Voting rights for D.C. residents.
  • 24: Abolishes poll taxes.
  • 25: Presidential succession rules.
  • 26: Voting age set to 18.
  • 27: Limits on Congressional salary changes.