Preamble: Establishes the Constitution for the USA to form a more perfect Union, ensure justice and tranquility, provide defense, promote welfare, and secure liberty for posterity.
The Constitutional Convention
The convention responsible for drafting the Constitution.
Articles of the Constitution
Article I: The Legislative Branch
Section 1: Legislative powers vested in Congress, consisting of the Senate and House of Representatives.
The House of Representatives
Members elected every two years.
Representatives must be 25 years old and a US citizen for 7 years.
Apportionment of representatives and taxes are based on population.
Sole power of impeachment.
The Senate
Composed of two Senators per state, elected for six-year terms.
Senators must be 30 years old and a US citizen for 9 years.
Vice President is President of the Senate.
Sole power to try impeachments.
Elections and Meetings
States determine election rules, Congress can alter them.
Congress must meet at least once a year.
Powers and Duties
Each House judges its members’ elections and qualifications.
Must keep a journal of proceedings.
Rights and Disabilities
Compensation for services to be paid by the Treasury.
Members cannot be arrested during sessions except for major crimes.
Legislative Process
Revenue bills originate in the House.
Presidential vetoes can be overridden by two-thirds of both Houses.
Powers of Congress
Includes taxation, borrowing money, regulating commerce, coining money, declaring war, etc.
Powers Denied Congress
Prohibition of suspending habeas corpus, passing ex post facto laws, taxing exports, etc.
Powers Denied to the States
States cannot enter treaties, coin money, or impose duties without Congress’ consent.
Article II: The Executive Branch
Section 1: Executive power vested in the President.
Election Process: Electoral College system.
Qualifications: Natural-born citizen, 35 years old, 14-year resident.
Compensation and Oath: Fixed salary, oath to preserve Constitution.
Presidential Powers and Duties
Commander in Chief, treaty-making with Senate approval, appointment powers.
State of the Union address, convene Congress.
Impeachment
President and officers can be impeached for treason, bribery, high crimes.
Article III: The Judicial Branch
Section 1: Judicial power vested in one Supreme Court and inferior courts.
Jurisdiction
Extends to cases under the Constitution, treaties, disputes between states or involving ambassadors.
Treason
Defined as waging war against the US or aiding enemies. Requires two witnesses for conviction.
Article IV: States’ Relations
Section 1: States to respect other states’ laws and judicial decisions.
New States and Territories
Congress admits new states; cannot form new states within existing ones without consent.
Republic Guarantee
Guarantees a republican form of government and protection against invasion.
Article V: Amendment Process
Amendments proposed by two-thirds of both Houses or state legislatures, require ratification by three-fourths of states.
Article VI: Debts, Supremacy, Oaths
Section 1: Constitution and federal laws are supreme law of the land.
Oaths: All officers to support the Constitution.
Article VII: Ratification
Constitution effective upon ratification by nine states.
Amendments to the Constitution
The Bill of Rights (Amendments 1-10)
1st Amendment: Freedom of religion, speech, press, assembly, petition.
2nd Amendment: Right to bear arms.
3rd Amendment: No quartering of soldiers.
4th Amendment: Protection from unreasonable searches and seizures.
5th Amendment: Rights in criminal cases (due process, double jeopardy, self-incrimination).
6th Amendment: Right to fair trial.
7th Amendment: Right to jury trial in civil cases.
8th Amendment: Prohibition of excessive bail and cruel and unusual punishment.
9th Amendment: Protection of rights not specifically enumerated.
10th Amendment: Powers not delegated to the US are reserved to the states or people.