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114 Cards in this Set
- Front
- Back
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Article 1 Section 1
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Legislative powers vested in Congress of the U.S., which shall consist of Senate and HOR
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Article 1: HOR composition
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HOR composed of members chosen every 2 years by the people of the several states; electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature
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Article 1: Qualification of Representatives
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-Must have attained 25 years
-Have been citizen of U.S. for seven years -Must have lived in state in which he shall be chosen when elected |
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Article 1: Apportionment of Representatives and direct taxes
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-Representatives and direct taxes shall be apportioned among several states, according to their respective numbers
-Numbers determined by adding to whole number of free persons, including those bound to Service, 3/5th of all other persons- excluding Indians not taxed -Enumeration should be made within 3 years of first meeting of Congress, and within every subsequent term of 10 years -Number of reps shall not exceed one for every 30,000- but each state shall have at least 1 rep -Until enumeration made: NH has 3, MA has 8, RI has 1, CN has 5, NY has 6, NJ has 4, PA has 8, DA has 1, Ma has 6, VA has 10, NC has 5, SC has 5, GA has 3 |
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Article 1: Vacancies
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when vacancies happen in the Representation from any state, executive authority shall issue Writs of Election to fill vacancies
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Article 1: Officers and Impeachments
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HOR shall choose their speaker and other officers, and shall have sole power of impeachment
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Article 1: Senate composition
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Senate composed of 2 senators from each State, chosen by Legislature thereof, for 6 years, each Senator has 1 vote
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Article 1: Classification of Senators
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Immediately after assembled, divided as equally as may be into 3 classes
-First class shall be vacated at expiration of second year -Second class vacated at expiration of fourth year -Third class vacated at expiration of sixth year Therefore, one third may be chosen every 2 years If vacancies happen by resignation or otherwise, during Recess of Legislature, then Executive may make temporary appointments until next meeting of the Legislature, which shall then fill vacancies |
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Article 1: Qualifications of Senators
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-Must have attained 30 years
-Citizen for 9 years -Must be be inhabitant of that state for which he shall be chosen |
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Article 1: President of the Senate
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VP of U.S. shall be President of Senate, but shall have no vote, unless equally divided
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Article 1: Officers of the Senate
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Senate shall choose their officers, and also a President pro tempore, in absence of VP, or when VP is acting as president
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Article 1: Trial of impeachments
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Senate has sole power to try impeachments
-When sitting for that purpose they shall be on Oath or Affirmation -When president is tried, Chief Justice shall preside: -No person shall be convicted without concurrence of 2/3 of members present |
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Article 1: Judgment in cases of impeachment
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-Judgment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under U.S.
-Party convicted shall be liable and subject to indictment, trial, judgment, and punishment according to Law |
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Article 1: Elections
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-Time,place,manner of holding elections for senators and representatives shall be prescribed in each State by the Legislature thereof
-Congress may at any time by Law make or alter such regulations, except as to place of choosing senators |
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Article 1: meetings
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Congress assembles at least once every year, and this meeting should be on first Monday in December, unless by Law they appoint a different day
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Article 1: Organization of Congress
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-Each House shall be the judge of the elections, returns, and qualifications of its own members
-A majority of each shall constitute a Quorum to do business, but a smaller number may adjourn from day to day, and may be authorized to compel attendance of absent members, in such manner, and under such penalties as each house may provide |
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Article 1: Rules of proceedings- punishment of members
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each house may determine the Rules of its Proceedings, punish its members for disorderly behavior, and with concurrence of 2/3 expel a member
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Article 1: Journal of proceedings
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-Each house shall keep a journal of its proceedings, and from time to time publish it, except parts as require secrecy,
-the yeas and nays of the members of either house on any question shall, at desire of 1/5 of those present, be entered onto the journal |
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Article 1: Adjournment
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Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than 3 days, nor to any other place than that in which the two houses shall be sitting
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Article 1: Compensation and privileges of members
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-Senators and reps shall receive compensation for their services, to be ascertained by law, and paid out of the treasury of U.S.
-They shall, In all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the Session of their respective houses, and in going to and from the same -For any speech or debate in either house, they shall not be questioned in any other place |
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Article 1: Holding other offices
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-No senator or rep shall, during time for which elected, be appointed to any civil office under authority of U.S., which shall have been created, or the Emoluments whereof shall have been encreased during such time
-No person holding any office under the U.S. shall be a member of either House during his continuance in office |
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Article 1: Bills and resolutions- revenue bills
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Bills for raising revenue shall originate in HOR, but Senate may propose or concur with amendments as on other bills
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Article 1: Approval or veto of bills-passage over veto
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-Every bill that passed HOR and Senate must be presented to president
-If pres. approves, he signs it, if not he returns it with objections to the originating House -That house shall enter the objections on their journal and reconsider it -If after reconsideration, 2/3 of that house agree to pass the bill, it shall be sent, to the other House, and if approved by 2/3 it shall become law -Votes of both houses determined by yeas and nays and the names of the persons shall not be entered on the journal of each house respectively |
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Article 1: approval of veto of bills- if president does not return it
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-If bill not returned by president within 10 days (sundays excepted) after it is presented to him, it shall be a law as if he signed it, unless the Congress by their adjournment prevents its return
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Article 1: Approval or veto of resolutions, orders, or votes- passage over veto
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Every order, resolution, or vote, to which concurrence of Senate and HOR may be necessary (except on ? of adjournment) shall be presented to president, and before it shall take effect, shall be approved by him
-if disapproved by him, shall be repassed by 2/3 of senate and HOR , according to rules and limitations prescribed in case of a bill |
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Article 1: Powers of Congress-Taxation
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-Congress has the power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for common defense and general welfare of U.S.
-all duties, imposts, and excises should be uniform throughout the U.S. |
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Article 1: power of congress to borrow money
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Congress has power to borrow money on credit of U.S.
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Article 1: Power of Congress to regulate commerce
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Power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes
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Article 1: Naturalization- Bankruptcy
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Congress has power to establish an uniform Rule of Naturalization, and uniform laws on subject of bankruptcies throughout U.S.
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Article 1: Coinage, weights, measures
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Congress has power to coin money, regulate the value of, and of foreign money, and fix the standard of weights and measures
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Article 1: Counterfeiting
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Congress has power to provide for punishment of counterfeiting of the securities and current coin of U.S.
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Article 1: Post offices and post roads
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congress has power to establish post offices and post roads
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Article 1: Patents and copyrights
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congress has power to promote the progress of science and arts by securing for limited times to authors and inventors the exclusive rights to their writings and discoveries
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Article 1: Inferior tribunals
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Congress has power to constitute tribunals inferior to supreme court
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Article 1: Offenses
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congress has power to define and punish piracies and felonies committed on the high seas, and offenses against law of nations
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Article 1: Declare War
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Congress has power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water
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Article 1: Raise and support armies
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congress has power to raise and support armies, but no appropriate of money for that use should be used for longer than 2 years
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Article 1: Navy
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Congress has power to provide and maintain a navy
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Article 1: Government and regulation of land and naval forces
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Congress has power to make rules for the government and regulate the land and naval forces
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Article 1: calling forth militia
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Congress has power to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions
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Article 1: organizing militia
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-To provide for organizing, arming, and disciplining, the militia, and for governing the part of them employed in service of U.S.
-reserving to states the appointment of officers, and the authority of training the militia according to the discipline prescribed by congress |
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Article 1: Authority over places purchased or ceded
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-Congress has power to exercise exclusive legislation in all cases over such district (not exceeding 10 sq. miles) as may, by cession of particular states and acceptance of congress, become the seat of the government of U.S.
-To exercise like authority over all places purchased by consent of the legislature of the state in which the place is, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings |
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Article 1: all necessary and proper laws
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Congress has power to make all laws necessary and proper for carrying into execution the foregoing powers, and for all other powers vested in the government of the U.S., or in any department of officer thereof
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Article 1: prohibited powers- migration or importation of persons
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-migration or importation of such persons as any of the states think proper ti admit, shall not be prohibited by Congress prior to the year 1808, but a tax or duty may be imposed on such importation, not exceeding 10 dollars a person
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Article 1: Habeas corpus
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privilege of writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it
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Article 1: Bill of attainder- ex post facto laws
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no bill of attainder of ex post facto law shall be passed
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Article 1: Capitation or direct taxes
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no capitation, or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken
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Article 1: Tax on exports from state
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no tax or duty shall be laid on articles exported from any state
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Article 1: preference of ports
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no preference should be given by any regulation of commerce or revenue to the ports of one state over another, nor shall vessels going or leaving from one state have to enter, clear, or pay duties in another
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Article 1: expenditures of public money
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no money should be taken from the treasury, except for appropriations made by law, and a regular statement and account of the receipts and expenditures of all public money should be published from time to time
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Article 1: titles of nobility- presents from foreign state
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-No title of nobility should be granted by U.S.
-no person holding any office of profit or trust under U.S., should without consent of Congress, accept any present, emolument, office, or title of any kind from any king, prince, or foreign state |
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Article 1: Powers denied states- treaties-money-ex post facto laws- obligation of contracts
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No State shall:
-enter into any treaty, alliance, or confederation -grant letters of marque and reprisal -coin money -emit bills of credit -make anything but gold/silver coin a tender in payment of debts -pass any bill of attainder, ex post facto law, or law impairing obligation of contracts -grant any title of nobility |
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Article 1: imposts or duties
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No state shall, without consent of congress:
-lay any imports or duties on imports or exports, except what is absolutely necessary for executing inspection laws -net produce of all duties and imposts laid by any state on imports or exports shall be for use of treasury of U.S. and all such laws shall be subject to the revision and control of congress |
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Article 1: tonnage- state compacts-war
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No state shall without consent of congress:
-lay any duty of tonnage -keep troops or ships of war in time of peace -enter into any agreement of compact with another state, foreign power -engage in war, unless actually invaded or in imminent danger |
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Article II: President-tenure
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Executive power vested in president- holds office for four years, elected together with vp for same term- clause known as "vesting clause"
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Article II: presidential electors
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-each state appoints a number of electors equal to the number of senators and reps to which the state may be entitled in Congress
-no senator, rep, or person holding office under U.S. should be appointed an elector |
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Article II: election day
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congress can determine time of choosing the electors and the day they give their votes- day should be the same throughout U.S.
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Article II: eligibility for office of president
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To be eligible:
-natural born citizen or citizen of U.S. at time of adoption of constitution -Must be 25 years old -14 years a resident of U.S. |
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Article II: succession to office of president
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-In case of removal, death, resignation, or inability to discharge powers/duties of presidency- office goes to VP
-Congress may provide for case of removal, death, resignation or inability, of pres and vp- declaring what officer should act as president, and the officer should act accordingly until the disability is removed or president is elected |
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Article II: compensation of president
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President receives compensation for his services which should not be increased or decreased during his elected period, during that period should not receive any other emolument from U.S.
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Article II: oath of office
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-Before president enters office, has to take the oath "I do solemnly swear that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the constitution of the U.S."
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Article II: Commander in Chief- opinions of department heads- reprieves and pardons
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-pres is commander in chief of army and navy and militia of several states
-when called into service pres. may require the opinion in writing of the principal officer of each executive department, upon any subject relating to the duties of the departments -pres has power to grant reprieves and pardons for offenses against the U.S. except in cases of impeachment |
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Article II: Treaties- appointment of officers
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-pres has power to make treaties, with advice and consent of senate, provided 2/3 of senators present concur
-shall nominate, and by advice and consent of senate, appoint ambassadors, other public ministers, judges of supreme court, and all other officers of U.S. whose appointments are not otherwise provided for -congress may vest appointment of inferior offers, as they think proper, in president alone, in courts of law, or in heads of departments |
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Article II: Appointments during recess of senate
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president has power to fill up vacancies that happen during recess of the senate, by granting commissions which expire at end of their next session
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Article II: Recommendations to Congress- Convene and adjourn Congress- Receive ambassadors- execute laws- commission officers
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-Pres shall give Congress information of the State of the Union and recommend to their consideration measures he thinks necessary
-Pres, on extraordinary occasions, may convene both houses or either of them, and in case of disagreement between them, with respect to time of adjournment, he may adjourn them to such time he thinks proper -pres. shall receive ambassadors/public ministers -pres. shall take care that laws be faithfully executed -pres. shall commission all officers of U.S. |
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Article II: removal from office
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Pres., VP, other civil officers, shall be removed from office on impeachment for conviction of treason, bribery, or other high crimes and misdemeanors
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Article III: Supreme Court and inferior courts- judges and compensation
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-judicial power vested in one supreme court, and in inferior courts that congress may from time to time ordain and establish
-judges hold their offices during good behavior, and receive compensation, which should not be diminished during their time in office |
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Article III: subjects of jurisdiction
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- judicial power extends to all cases in law and equity arising under constitution, laws of U.S., and treaties
-to all cases affecting ambassadors, public ministers, cases of admiralty and maritime jurisdiction -to controversies to which U.S. is a party, between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of same states claiming lands under grants of different states -and between a state, or citizens thereof, and foreign states, citizens or subjects |
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Article III: jurisdiction of supreme court
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-In cases affecting ambassadors, public ministers, and when state is a party, SC has original jurisdiction
-in all other cases SC has appellate jurisdiction, with exceptions and under regulations congress makes |
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Article III: trial by jury
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Trial of all crimes, except impeachment, shall be by jury
-trial held in state where crime committed, but when not committed within a state it should be at the place where congress by law directs |
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Article III: treason
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treason against U.S. consists of levying war against them, or adhering to their enemies, giving them aid and comfort-no person convicted of treason unless two witnesses testify to the act, or on confession in open court
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Article III: punishment of treason
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congress has power to declare punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during life of person attainted
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Article IV full faith and credit
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full faith and credit given in each state to public acts, records, and judicial proceedings of every other state
-congress may prescribe the manner in which such acts, records, and proceedings be proved |
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Article IV privileges and immunities of citizens
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citizens of each state entitled to all privileges and immunities of citizens in other states
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Article IV delivery of fugitives
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A person charged with treason, felony, or other crime, who flees from justice and is found in another state, shall be delivered to state having jurisdiction on the demand of the executive authority of the state
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Article IV admission of new states
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-new states may be admitted by congress, but no new state can be formed in the jurisdiction of another state
-no state formed by junction of 2 or more states, or parts of states, without consent of state legislatures and congress |
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Article IV territory or property of U.S.
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-congress has power to dispose of and make all rules respecting territory or other property belonging to U.S.
-nothing in constitution should be construed as to prejudice any claims of U.S. or of any particular state |
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article IV form of state governments- protection
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U.S. guarantees to every state a republican form of government, and shall protect each of them against invasion, and on application of legislature, or of the executive, against domestic violence
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article V amendment of constitution
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-congress, when 2/3 of each house thinks it is necessary, shall propose amendments to constitution
-on application of legislature of 2/3 of states, shall call a convention for proposing amendments- valid when ratified by legislatures of 3/4 of several states -no state without its consent should be deprived of its equal suffrage in the senate |
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Article VI- prior debts valid under constitution
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all debts before adoption of constitution are valid under this constitution, as under the confederation
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Article VI- supreme law
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Constitution and laws of U.S. and all treaties made under authority of U.S. shall be supreme law of the land, and judges in every state bound by it- notwithstanding anything in the constitution or laws of any state
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Article VI oath of office
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-senators and representations and members of state legislatures/executive and judicial officers are bound by oath or affirmation to support this constitution, but no religious test shall ever be required as a qualification to any office or public trust under the U.S.
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Article VII
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ratification of the conventions of 9 states, shall be sufficient for establishment of this constitution between the states so ratifying the same
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1st amendment- religious and political freedom
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-Congress can't make laws respecting establishments of religion, prohibit free exercise of religion, freedom of speech, of the press, right of people to peaceably assemble, and to petition the government for a redress of grievances
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2nd amendment- right to bear arms
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a well regulated militia, necessary to security of a free state, the right of the people to keep and bear arms shall not be infringed
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3rd amendment- quartering soldiers
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no soldier, in time of peace, should be quartered in any house, without the consent of the owner, or in time of war, but in a manner prescribed by law
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4th amendment- unreasonable search and seizures
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right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants issued except on probably cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons/things to be seized
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5th amendment- criminal actions-provisions concerning-due process of law and just compensation clauses
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-no person held to answer for a capital crime unless on presentment or indictment of a grand jury, except in cases arising in land or naval forces, or the militia, or when in actual time of war or public danger
-no person subject to same offense to be twice put in jeopardy of life/limb, nor compelled in any criminal case to be a witness against himself -nor deprived of life, liberty, or property without due process of law -private property shall not be taken for public use without just compensation |
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6th amendment- rights of the accused
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-in criminal prosecutions, accused has right to speedy and public trial, by impartial jury of state and district where crime committed, district shall have been previously ascertained by law
-Accused informed of the nature and cause of accusation, be confronted with witnesses against him, have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense |
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7th amendment- trial by jury in civil cases
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- in suits at common law, where value exceeds 20 dollars, right of trial by jury is preserved
-no fact tried by jury shall be otherwise re-examined in any court, than according to rules of common law |
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8th amendment- bail-punishment
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excessive bail should not be required, or excessive fines imposed, or cruel and unusual punishments inflicted
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9th amendment- rights retained by people
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enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people
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10th amendment- powers reserved to states or people
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powers not delegated to U.S. by constitution, nor prohibited by it to the states, are reserved to states respectively, or to the people
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11th amendment- suits against states, restriction of judicial power
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judicial power of U.S. not construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign states
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13th amendment-slavery prohibited
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neither slavery nor involuntary servitude, except as punishment for crime where party has been convicted, shall exist within U.S. or any place subject to their jurisdiction
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13th amendment- power to enforce amendment
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congress has power to enforce this article by appropriate legislation
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14th amendment- citizens of the united states
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-all people born in U.S., and subject to jurisdiction of U.S., are citizens of U.S. and state they reside
-no state should make or enforce laws that abridge the privileges or immunities of U.S. citizens -No state should deprive any person of life, liberty, or property, w/o due process of law -no state should deny any person equal protection of the laws |
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14th amendment- representatives-power to reduce apportionment
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-reps apportioned among the several states according to their numbers, counting whole number of persons in each state, minus indians not taxed
-when the right to vote at any election is denied to any male 21 years of age and citizen of U.S. is abridged, except for participation in rebellion, or other crime, the basis of representation should be reduced in the proportion which the number of male citizens bears the whole number male citizens 21 years of age in such state |
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14th amendment- disqualification to hold office
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-no person shall hold office under U.S. or any state who having previously taken an oath to support the constitution, then engaged in rebellion against constitution, or gave aid or comfort to enemies thereof- but congress can by vote of 2/3 remove such disability
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14th amendment- public debt not to be questioned- debts of confederacy and claims not to be paid
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-Validity of public debt of U.S., authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing rebellion, shall not be questioned
-neither the U.S. or State shall assume to pay any debt incurred in aid of insurrection or rebellion against the U.S., or any claim for the loss or emancipation of any slaves- these debts held illegal and void |
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15th amendment- right of citizens to vote- race or color not to disqualify
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Rights of citizens of U.S. to vote should not be denied by U.S. or by any state on account of race, color, or previous condition of servitude
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16th amendment
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congress has power to lay and collect taxes on income, without apportionment among the several states, and without regard to any census or enumeration
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17th amendment
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-senate of U.S. composed of 2 senators from each state, elected by the people, for 6 years, and each senator has 1 vote, electors in each state have qualifications requisite for electors of the most numerous branch of the state legislatures
-when vacancies happen in representation of any state in senate, executive authority of such state shall issue writs of election to fill such vacancies- legislature may empower executive thereof to make temporary appointments until people fill vacancies by election |
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18th amendment
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-prohibition on sale/transportation of liquor- repealed
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19th amendment
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-rights of citizens of U.S. to vote should not be denied on account of sex
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20th amendment- executive and legislative departments- terms of elective officers
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-terms of pres. and vp should end at noon on january 20th, and terms of senators and reps at noon on january 3rd, of the years when term would have ended
-Congress should assemble once a year, on january 3rd at noon unless by law they appoint a different day |
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20th amendment- succession to office of pres. or vp
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-If president dies, VP should become president, or if a president is not chosen or fails to qualify then VP acts as president until president qualifies
-congress may by law provide for the case where neither a pres. or vp qualify, declaring then who should act as president, or the manner of selection |
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21th amendment
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18th amendment repealed- prohibition of alcohol into dry territories
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22nd amendment
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-no person elected as president more than twice
-if filled in as president for more than 2 years on someone else's term, then should not be elected more than once - |
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23rd amendment- representation in the electoral college to the district of columbia
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-DC shall appoint in such manner as Congress directs: -a number of electors of president and VP equal to whole numbers of senators and reps in congress to which the district would be entitled if it were a state, considered as electors appointed by a state, perform duties as provided by 12th amendment
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24th amendment
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Rights of citizens of U.S. to vote in election for pres, vp, electors, senator, or rep should not be denied because of failure to pay poll tax or other tax
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25th amendment
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-in case of removal of pres. from office or his death or resignation, then VP is pres.
-When there is a vacancy in VP office, president nominates a VP with a confirmation of majority of both Houses of Congress -When pres. gives written declaration to president pro tempore of senate and speaker of the house that he can't do the powers and duties of his office, such powers should be discharged by the VP as acting president |
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26th amendment
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18 year olds have right to vote- should not be denied on account of age
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27th amendment
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No law, varying payment for services of senators and reps, should take effect, until election of representatives has intervened
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