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The U.s. constitution crash course
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The Preamble: Purpose of Establishing the Constitution
Unite the states Create a system of fair laws and courts Maintain peace and order Provide citizens with protection from outside attacks Help people live happy, healthy, and prosperous lives Make sure future generations have the same rights and freedoms we currently have
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Article1: The Legislative Branch
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Article 1, Section 1 Deals with the powers given to the House of Representatives and the Senate Makes the United States a bicameral legislature
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Article 1, Section 2: the House of Representatives
Term length: 2 years Qualifications: Must be at least 25 years old Must be a citizen for the U.S. for at least 7 years Must be a resident of the state they represent Must have a minimum of one member in the House of Representatives, per state The number of Representatives are based on population Every 10 years a census occurs to change the number of Representatives in the house
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Article 1, Section 2 Speaker of the House: the leader of the majority party Second in line to replace the president The House has the sole power of impeachment Speaker of the House: Paul Ryan
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Article 1, Section 3: the Senate
Term length: 6 years Qualifications: Must be at least 30 years old Must be a citizen for 9 years Must live in the state they represent Every two years 1/3 of the Senators are reelected 17th Amendment: took the power of electing senators from state legislatures and gave it to the voters of the state
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Article 1, Section 3 President of the Senate: Vice President of the U.S. President pro tempore: in charge of the Senate when the Vice President is absent The Senate has the sole power to try impeachment hearings and convict officials Need a 2/3 majority for a conviction Vice President Mike Pence
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Article 1, Section 4 : Elections and Meetings
A regular session or the opening day of Congress is January 3
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Article 1, Section 5: Organizations and Rules of Procedure
1. Each house determines if its members are constitutionally qualified and have been properly elected In judging the qualifications of its members, each house can only look at their age, citizenship and residence requirements Quorum: the minimum numbers of members in Congress that must be present in order to make the meeting valid 2. Each house makes its own rules House of Representatives Senate Puts strict time limits on debate Senator may speak as long as he or she wishes unless the Senate votes for cloture (a motion to end debate)
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Article 1, Section 6: Privileges and Restrictions
Immunity: freedom from arrest Members of Congress, like anyone else, may be arrested for breaking the law Speech and debate clause: congressmen can say whatever they want without fear of being sued Libel Slander An untrue written statement that damages a person’s reputation A spoken statement that damages a person’s reputation
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Article 1, Section 7: Passing Laws
All revenue bills (tax bills) will start in the House A bill becomes a law when it is passed by both Houses and is signed by the President President can veto bills and Congress has the power to override Presidential vetoes with a 2/3 majority vote Veto: when a president disapproves of a bill
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Article 1, Section 8: Powers Granted to Congress (Enumerated Powers)
To lay and collect taxes To borrow money Commerce Clause: Regulate commerce with foreign nations, between states, and Native Americans Establish citizenship and create uniform laws on the subject of bankruptcies throughout the country Charter national banks and establish a Federal Reserve System 11. To declare war 12. Raise and support armies 13. Provide and maintain a Navy 14. Male rules for the government and regulate naval forces Elastic clause: powers that are granted to Congress that are implied in the Constitution
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Article 1, Section 9: Powers Denied to Congress
Writ of Habeas Corpus: a court order that commands officials who have a person in custody to bring that person to court A Bill of Attainder: an act passed by a legislature to punish a person with out a trial Ex Post Facto: after an act is committed the legislature cannot punish a person for a crime they committed if it was not illegal then. Titles of Nobility: Congress cannot give anyone a title of nobility
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Article 1, Section 10: Powers Denied to the States
No state can enter into a treaty, alliance, or confederation Cannot coin money Cannot make treaties or negotiate with foreign countries
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Article 1, Sections 9 & 10 Shared Powers between States and Congress:
Taxation Court systems Borrowing money Enforcing laws Banking Protecting the general welfare
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Article 2: the Executive Branch
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Article 2, Section 1 Deals with the President and the Vice President
Term length: 4 years Qualifications: Must be at least 35 years old Must be a natural born citizen in the U.S. Must be a U.S. resident for 14 years 25th Amendment: provides that the Vice President succeeds to the presidency
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Article 1, Section 1 Continued
Elections: The President and Vice President are elected through the electoral college Electoral College: a group of people voted on by the people of the specific state who in turn elect the President and Vice President During inauguration, the Chief Justice administers the oath to the President
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Article 1, Section 2: Powers of the President
Commander in Chief of the U.S. military Responsible for making treaties Allowed to make appointments Advice and consent: the Senate has the power to do this
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Article 1, Section 3: Duties of the President
State of the Union: the President must deliver an annual message to Congress
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Article 2, Section 4: Impeachment
Impeachment: gathering evidence and holding a trial to determine guilt of a government official Grounds that a President and Vice President can be impeached: Conviction of treason Bribery Other high crimes and misdeamnors
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Article 3: the Judicial Branch
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Article 3, Section 1 Establishes the Supreme Court Term length: life
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Article 3, Section 2: General Authority
Main purpose is to interpret the Constitution, but this concept was not established until Marbury v. Madison 1803 Type of cases heard by the Supreme Court: Cases affecting foreign governments, cases to which a state government is one of the parties means, cases from lower courts that get received to the Supreme Court Original jurisdiction: cases affecting foreign governments and their representatives and cases to which a state government is one of the parties go directly to the Supreme Court. Appellate jurisdiction: cases that are tried first in lower court may come up to the Supreme Court for review if Congress has authorized an appeal
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Article 4: Relations Among the States
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Article 4, Section 1 Requires the states to honor one another’s laws, records, ad court rulings Full faith and credit: requires state courts to enforce the civil judgments of the courts of other states and accept public records as valid.
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Article 4, Section 2 Interstate privileges and immunities: individual states must give citizens of all other states the privileges and immunities they grant to their own citizens. If a person commits a crime in one state and flees to another, the governor of the state in which the crime was committed can demand that the fugitive be handed over
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Article 4, Section 3 New states cannot be formed by dividing or joining existing states without the consent of the state legislatures and Congress
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Article 4, Section 4 Requires that every state has a “republican form of government” Republican government: one in which people elect representatives to govern
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Article 5: Amending the Constitution
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Article 5 Proposing an Amendment Ratifying an Amendment
Two-thirds vote of each house of Congress Must be ratified by three-fourths of the states National convention called by Congress at the request of two-thirds of the states Or by conventions in three-fourths of the states Ratification: approve More popular to do the votes instead of the conventions
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Article 6: National Debts
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Article 6 All debts and obligations made by the U.S. before the adoption of the Constitution will be honored Supremacy clause: if state laws conflict with national laws, the national laws are superior both federal and state officials give supreme allegiance to the Constitution of the U.S. rather than to the constitution of any state
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Article 7: Ratifying the Constitution
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Amendments to the Constitution: Bill of Rights
Freedom of speech, press, religion, peaceful assembly Right to keep and bear arms No quartering of troops in citizen’s homes No illegal search and seizure of property Cant be tried for the same crime twice Right to a speedy, fair, public trial Trial by a jury of peers No cruel or unusual punishment Reserved power to the people reserved power to the states
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Amendments to the Constitution
11. Makes it impossible for a citizen of one state to sue another state in federal court 12. Members of the electoral college vote for one person as president and another person for V.P. 13. Frees slaves 14. Makes former slaves free in the U.S. and the states they live in also clarifies the citizenship - due process clause: acts as a safeguard from denial of life, liberty, or property by the government outside the sanction of law -equal protection clause 15. Prohibits states from denying citizens the right to vote because of race 16. Authorized Congress to levy an income tax 17. Took the power of electing senators from the state legislatures and gave it to the voters of the state
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Amendments to the Constitution
18. Prohibition of liquor 19. Women were given the right to vote 20. Moves the date that the newly elected President and members of Congress take office closer to election time 21. Repeal of prohibition 22. Limits presidents to two terms 23. Allows citizens of D.C. to vote in presidential elections 24. Forbids a state from making voters pay a poll or head tax before they can vote in a national election 25. Provides for filling a vacancy in a vice presidency 26. Voting rights to 18 year old's 27. Ensures that if Senators or members of the House of Reps. Vote to raise their pay, only members of the subsequent Congress will benefit from the raise
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Extra Vocab Delegated powers: powers of the federal government that are specifically described and assigned in the U.S. Constitution
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