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The United States Constitution, Simplified and Condensed
Chris Verrico
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The Preamble The Preamble to the Constitution establishes the purposes of forming government and adopting the Constitution According to the Constitution, these purposes include: -Establishing Justice -Insuring Domestic Tranquility (promoting peace) -Providing for the Common Defense (via military) -Promoting General Welfare (all other endeavors in the public interest) -Securing the Blessings of Liberty
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Article I: The Legislative Branch
Article I establishes the basis of the legislative branch, one of three branches of government created by the constitution
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Article I, Section 1 Section 1 establishes a bicameral legislature
The legislature will consist of an upper chamber, The Senate, and a lower chamber, The House of Representatives
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Article I, Section 2 Section 2 addresses the House of Representatives
Section 2 mandates that representatives will be awarded to each state based on population, with one representative not representing more than 30,000 citizens Reps will be elected to 2 year terms, with elections occurring in even numbered years
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Article I, Section 2, cont. To run for election as a representative, one must be at least 25 years of age, been a citizen of the United States for 7 years, and inhabit the state they wish to represent Every 10 years, a census of the population will occur to check state population, and create House seats accordingly
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Article I, Section 3 Section 3 addresses the upper house of America’s Congress, the Senate 2 Senators are appointed for each state, leading to the current total of 100 Senators The Constitution called for Senators to be appointed by state legislatures, although the 17th Amendment (1913), ceded this responsibility to voters Senators are elected to 6 year terms, though elections are staggered. This means in any given election year, roughly 1/3 of Senators are up for reelection
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Article I, Section 3, cont. To qualify for election as a Senator, one must be at least 30 years of age, 9 years a citizen of the US, and inhabit the state in which they wish to represent The Vice President of the United States presides over the Senate. In his or her absence, the President Pro Tempore assumes this role. The Senate reserves the sole power to try all impeachments
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Article I, Section 4 -A regular session of Congress, according to the Constitution, would meet on the Monday in December, of every year -Since 1934, a one-year long session of Congress convenes January 3rd, though there are 2 sessions per term
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Article I, Section 5 Section 5 establishes rules and procedures in Congress For the Senate to vote on a proposal, a quorum must be present. Essentially this means a majority (51) of Senators must be present to vote The House has much stronger rules of procedure, with most work done in separate committees. The Senate has looser rules, which encourages open floor debate
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Article I, Section 6 According to Section 6, Congress is compensated by the United States Treasury Congressmen and women are entitled to a degree of immunity for slander and libel, ensuring their right to speak freely on behalf of their constituents
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Article I, Section 7 Section 7 addresses the processes in which bills will eventually become law Revenue bills (raising taxes) originate in the House of Representatives. Like other bills, if it passes in the House, it is moved to the Senate, which will either veto or approve of it. It is the sent to the president for final approval, or a veto, which would nullify the proposal. A presidential veto can be overridden by a 2/3 majority vote in both houses of Congress
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Article I, Section 8 Section 8 lays out the powers granted to Congress. They are as follows: To lay and collect taxes, duties, imposts, and excises To borrow money on credit of the nation Regulate commerce with foreign nations, and between states (interstate commerce) Establish rules of bankruptcy and naturalization To coin money and establish standards of weights and measure, and punish those who counterfeit To create post offices
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Article I, Section 9 Section 9, on the contrary, addresses powers Congress is not permitted to possess Deny Writ of Habeas Corpus- All citizens have the right to be presented to a court of law Bills of Attainder, which are laws which target a specific group of people Ex Post Facto, in which an action is made illegal after it is committed Titles of Nobility- Congress and government are not noble, and thus will not be addressed as so
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Article I, Section 10 Section 10 addresses powers that will be denied to the individual states of the United States States are forbidden to enter into a separate alliance aside from the United States. States are forbidden to tax imports and exports States are forbidden to engage in, or individually declare, war.
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Article II: The Executive Branch. Section 1
The President and Vice President constitute the Executive Branch. Each is elected to a concurrent 4 year term An electoral college equal to the number of Representatives and Senators is chosen by voters to elect the President and Vice President Becoming president entails stricter restrictions than becoming a representative or senator
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Article II, Section 1, cont.
To qualify for President, one must be at least 35 years old, a natural born citizen, and have been 14 years a resident of the United States According to the 25th Amendment to the Constitution, the Vice President succeeds the President in the event the President is unable to continue serving Upon inauguration, the Chief Justice of the Supreme court administers the oath to the President
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Article II, Section 2 Section 2 establishes the powers of the President The President is The Commander in Chief of the Military, and reserves the power to make treaties with foreign nations The Senate reserves the right to check the President’s power
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Article II, Section 3 Section 3 lays out the duties of the President
The President reserves the right to convene Congress if necessary, and is required to deliver a “State of The Union” address to congress once a year
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Article II, Section 4 According to Section 4, The President and Vice President can be undergo trial and be impeached, or removed from office The Constitution provides very general grounds for impeachment. Aside, from treason and bribery, section 4 provides for impeachment in the event of “high crimes and misdemeanors”.
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Article III: The Judicial Branch
The Judicial Branch is the third branch of government set up by the constitution Section 1 establishes that there are to be justices appointed by the president and approved by the Senate Interestingly, the Constitution does not specify the number of justices, although today the standard is 9 Justices are appointed to the Supreme Court for life terms, ensuring they maintain allegiance only to the Constitution, and no partisan ideology
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Article III, Section 2 The Supreme Court was intended to hear cases that were disputes between 2 or more states, between citizens and the government, and between states and the federal government After Marbury v. Madison (1803), the purpose of the Supreme Court was expanded to include judicial review of the constitutionality of laws
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Article IV: State to State Relations
Section 1 requires that all states respect and honor other states laws and practices “Full faith and credit”
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Article IV, Section 2 Section 2 requires that visitors from one state to another are extended the rights and privileges of that state Section 2 also addresses extradition. If a resident of New Jersey commits a crime in the state and then flees to Connecticut, the governor of New Jersey can request that citizen to be extradited back to the state for trial
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Article IV, Section 3 Section 3 establishes the rules of relations between the federal government and individual states The federal government reserves the right to form new states, and consent from the federal government and a state legislature is necessary for states to break off from others
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Article IV, Section 4 Section 4 simply states that Congress is required to ensure that every state has a republican form of government Section 4 also makes it the federal government’s right to apply the military in domestic situations, regardless of the state government’s consent
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Article V Article 5 lays the groundwork for future revision of the Constitution via amendments Amendments are important because they allow the Constitution and the government to adapt to changing circumstances as the nation progresses through time and new frontiers To propose an amendment, 2/3 of state legislatures, or more commonly, 2/3 of both houses of congress must concur In order to ratify the amendment, 3/4 of state legislatures, or less commonly ¾ of state conventions called must concur
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The Bill of Rights A list of 10 basic, inalienable rights were included in the Constitution. This is known as the Bill of Rights. 1st Amendment- Freedom of expression, speech, and religion. Freedom of the press, and the right to convene and petition government. 2nd Amendment- The right to keep and bear arms
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The Bill of Rights 3rd Amendment- The 3rd amendment forbids the government from commandeering private homes for the purpose of quartering soldiers 4th Amendment- The 4th amendment requires court- approved warrants for searches of private property, and the seizure of private goods 5th Amendment- The 5th amendment gives citizens the right to due process, and criminal rights, such as the right to remain silent. “I plead the fifth”
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The Bill of Rights 6th Amendment- The 6th amendment ensures a citizen’s right to a speedy, fair trial. No one can be jailed for unreasonable periods of time without a trial to determine their ultimate guilt 7th Amendment- The 7th amendment lays out the rights of persons involved in civil trial 8th Amendment- The 8th amendment forbids the imposition of excessive bail or fine
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The Bill of Rights 9th Amendment- The 9th amendment states that the list of 10 rights does not mean any rights not listed do not apply 10th Amendment- The 10th addresses state’s rights. Any powers not held by the federal government are retained by states and the people
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Further Amendments, 11-27 Amendments were added after the ratification of the Constitution 11th Amendment, Forbids citizens of a specific state to bring another state to trial in a federal court 12th Amendment, Mandates that each member of the electoral college places one vote for president, and another for vice president. Previously, whoever got the most votes became president
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Further Amendments, 11-27 13th Amendment, The 13th Amendment abolished all forms of slavery and involuntary servitude in the United States 14th Amendment, The 14th Amendment grants civil rights to freed slaves, and establishes rules for citizenship and naturalization. It also lays out a punishment for states that deny voting rights 15th Amendment, The 15th Amendment secured the rights of African American men to participate in election processes
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Further Amendments, 11-27 16th Amendment, The 16th Amendment established a federal tax on personal income 17th Amendment, The 17th Amendment places the responsibility of electing senators in the hands of voters in their respective states. Previously, that state’s legislature appointed the senators 18th Amendment, Outlaws the manufacture, sale, and transport of alcohol. Note the absence of a ban on consumption or possession.
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Further Amendments, 11-27 19th Amendment, Extends the right to vote to women 20th Amendment, Moved inauguration day up to shorten the lame-duck session. Congress now convenes on January 3rd. Vice-President succeeds President in the event the President dies 21st Amendment, Repealed the 18th amendment, legalizing alcohol once again
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Further Amendments, 11-27 22nd Amendment, In response to Franklin Roosevelt’s election to 4 terms, the 22nd amendment limits the president to 2 terms (8 year tenure) 23rd Amendment, Granted residents of Washington, D.C. the right to vote in presidential elections 24th Amendment, Eliminated poll taxes, which were deemed unconstitutional according to the 14th amendment
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Further Amendments, 11-27 25th Amendment, Establishes that the Vice President takes power in the event of a vacancy of the presidency. In the event of a vacancy of the Vice Presidency, the President appoints one, who is then confirmed by Congress. The amendment further establishes the processes by which the VP and Cabinet could declare a President unfit for office and have him or her removed 26th Amendment, In response to the fact that draftees between 18 and 21 don’t have a right to vote, the 26th amendment was passed to extend suffrage to citizens 18 and older 27th Amendment, Establishes that congressional pay raises (proposed and voted on by Congress), will only take effect at the start of the next Congress
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Article VI Article VI, Section 2 is very important because it addresses federal supremacy Although states have their own laws, any federal law is deemed “the law of the land”
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Article VII Article VII lays out the rules for ratification. The consent of 9 states was necessary for the ultimate ratification of the United States Constitution
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