The Living Constitution Chapter 5 Section 4

5 Purposes of Constitution Establish Legitimacy Create Appropriate Structures Describe and Distribute Power Limit Government Powers Allow for Change

Preamble We the people of the United States,…, do ordain and establish this Constitution for the United States of America Sets forward six concepts behind the constitution

Article I: The Legislature Section 1: Splits the Legislature into 2 houses Section 2: The House of Representatives Section 3: The Senate

Cont. Section 4: Congressional Elections Section 5: Rules and Procedures Section 6: Payment and Privileges Section 7: How a bill becomes a Law

Cont. Section 8: Powers Granted to Congress Section 9: Powers Denied Congress Section 10: Powers Denied the States

Article II: The Executive Section 1: The Presidency A. Terms of Office – 4 years B. Electoral College – Vote for president C. Qualifications – Natural Born Citizen, 35 D. Succession – Vice President E. Salary - > $500k F. Oath of Office – Said before entrance

Cont. Section 2: Powers of the President A. Military Powers – President is Commander in Chief, Can require opinion of Executive Departments, Can grant pardons and reprieves except in the case of impeachment

Cont. Section 2: Powers of the President B. Treaties, Appointments C. Vacancies

Cont. Section 3: Presidential Duties Section 4: Impeachment

Article III: The Judiciary Section 1: Federal Courts and Judges - Establishes Supreme Court Section 2: The Court’s Authority 1. General Authority 2. Supreme Court 3. Trial by Jury

Cont. Section 3: Treason 1. Definition 2. Punishment

Article IV: Relations Among States Section 1: State Acts and Records Section 2: Rights of Citizens A. Citizenship B. Extradition

Cont. Section 3: New States A. Admission B. Congressional Authority Section 4: Guarantees to the States

Article V: Amending the Constitution There are now 27 amendments to the constitution There are 2 methods for proposing and ratifying amendments

Article VI: Supremacy of the National Government Section 1: Valid Debts Section 2: Supreme Law Section 3: Loyalty to Constitution

Article VII: Ratification Approval of 9 of the 13 states 39 delegates of the 55 which attended signed the Constitution

The Bill of Rights Proposed by Congress September 25, 1789 Ratified December 15, 1791

Amendment I Freedom of Religion, Speech, Press, and Assembly (1791) The first amendment protects the civil liberties of individual citizens

Amendment II Bearing Arms (1791) Does it really mean the right to carry weapons?

Amendment III Quartering Troops (1791) People have a right to privacy in their own homes Based on Colonists grievances to Britain during American Revolution

Amendment IV Searches and Seizures (1791) Protects Privacy Must be a reasonable cause for search Evidence seized illegally cannot be used in court

Amendment V Rights of Accused Persons (1791) - Person must be indicted by jury - Double jeopardy - Military Law - Martial Law - Person can refuse to answer questions that may incriminate them

Amendment VI Right to a Speedy, Fair Trial (1791) - Impartial Jury - Evidence is presented - Witnesses from both sides - Government must provide a lawyer

Amendment VII Civil Suits (1791) - $20 Amendment - Jury trial is provided for in Civil Case

Amendment VIII Bail and Punishment (1791) - Bail cannot be to set to high - No cruel and unusual punishment can be inflicted

Amendment IX Powers Reserved to the People (1791) - People’s rights are not limited to those found in the constitution

Amendment X Powers Reserved to the States (1791) - Protects states and people from a powerful federal government - States that the people and states retain all power except for those specified

Amendment XI Suits Against States (1795) - Lawsuits against a state cannot be tried in federal court - Stems from Chisholm v. Georgia

Amendment XII Election of President and Vice-President (1804) - Changes Article II, Section 1, Clause 3 - States that voters are to cast separate ballots for President and Vice President

Amendment XIII Abolition of Slavery (1865) - Act which ended slavery - Prohibits the binding of a person to service due to debt - Congress had the Power to Enforce by legislation

Amendment XIV Rights of Citizens (1868) - Penalized Southern states that refused to grant all citizens the right to vote - Kept Confederate leaders form serving in government - War debts had to be paid

Amendment XV The Right to Vote (1870) - No longer left to states - Poll taxes would still be paid at some places - Congress was given power to reinforce amendment by legislation

Amendment XVI Income Tax (1913) - Supreme Court had previously stated that income taxes were unconstitutional - This amendment authorized a tax based on a direct basis

Amendment XVII Direct Election of Senators (1913) - Power to Elect Senators was given to each to the people - State must empower a person to fill a vacancy if necessary

Amendment XVIII Prohibition of Alcoholic Beverages (1919) - Prohibited the production, transport, or sale of alcoholic beverages - repealed by the 21st

Amendment XIX Women Suffrage (1920) - This gave all women the right to vote - Congress had power to enforce legislation

Amendment XX “Lame-Duck” Amendment (1933) - Section 1: shortened length of time between election & inauguration - Section 2: a new congressional session begins on Jan. 3 - Section 3: V-Pres. takes office if president dies before inauguration - Section 7: Ratification by states is 7 years

Amendment XXI Repeal of Prohibition (1933) - Ratified by state conventions rather than state legislatures - It nullified the 18th amendment

Amendment XXII Limit on Presidential Terms (1951) - President can only serve two terms

Amendment XXIII Presidential Electors for the District of Columbia (1961) - People in Washington, D.C. now had the right to vote for president - They cast three electoral votes

Amendment XXIV Abolition of the Poll Tax (1964) - Poll taxes could no longer be used in Presidential or Congressional Elections - In 1966, Supreme Court banned them in state elections

Amendment XXV Presidential Disability and Succession (1967) - Replacing the President & Vice-President - Replacing President with Consent - Replacing President w/o Consent

Amendment XXVI Eighteen-Year-Old Vote (1971) - Previously, one must be 21 to vote - Vietnam played a large role on this

Amendment XXVII Restraint on Congressional Salaries (1992) - Any increase in salaries of members of Congress will take place in the next session of Congress