U.s. Constitution

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Preamble

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The Preamble does not grant any particular authority to the federal government and it does not prohibit any particular authority. It establishes the fact that the federal government has no authority outside of what follows the preamble, as amended. "We the people", is one of the most-quoted sections of the Constitution. It was thought by the Federalists during this time that there was no need for a bill of rights as they thought that the preamble spelled out the people's rights.

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Article One

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Legislative Power: The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, have been a citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, have been a citizen for nine years, and live in the state they represent.
In Article I Section I, the Constitution reads "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." This gives Congress more than simply the responsibility to establish the rules governing its proceedings and for the punishment of its members; it places the power of the government primarily in Congress.
Article I Section 8 enumerates a list of powers. The powers listed and all other powers are made the exclusive responsibility of the legislative branch.
The Congress shall have power... To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Article I Section IX provides a list of eight specific limits on Congressional power and Article I Section X limits the rights of the states.
The United States Supreme Court has interpreted the Commerce Clause and the Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly listed in the enumerated power nor expressly denied in the limitations on Congress. In the 1819 McCulloch v. Maryland ruling, the Supreme Court fell back on the strict construction of the necessary and proper clause to read that Congress had "[t]he foregoing powers and all other powers..."

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Article Two

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Executive Power: Article Two describes the presidency (the executive branch). The article establishes the manner of election and qualifications of the President, the oath to be affirmed and the powers and duties of the office. The President must be a natural born citizen of the United States, be at least 35 years old, and a resident of the United States for at least 14 years. It also provides for the office of Vice President, and specifies that the Vice President succeeds to the presidency if the President is removed, unable to discharge the powers and duties of office, dies while in office, or resigns. The original text ("the same shall devolve") leaves it unclear whether this succession was intended to be on an acting basis (merely taking on the powers of the office) or permanent (assuming the Presidency itself). After the death of William Henry Harrison, John Tyler set the precedent that the succession was permanent, and this was followed in practice; the 25th Amendment explicitly states that the Vice President becomes President in those cases. Article Two also provides for the impeachment and removal from office of all officers of the government.

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Article Three

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Judicial Power: Article Three describes the court system (the judicial branch), including the Supreme Court. The article requires that there be one court called the Supreme Court; Congress, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. Article Three also creates the right to trial by jury in all criminal cases, defines the crime of treason, and charges Congress with providing for a punishment for it. This Article also sets the kinds of cases that may be heard by the federal judiciary, which cases the Supreme Court may hear first (called original jurisdiction), and that all other cases heard by the Supreme Court are by appeal under such regulations as the Congress shall make.

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Article Four

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States' powers and limits: Article Four describes the relationship between the states and the Federal government and amongst the states. For instance, it requires states to give "full faith and credit" to the public acts, records, and court proceedings of the other states. Congress is permitted to regulate the manner in which proof of such acts, records, or proceedings may be admitted. The "privileges and immunities" clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens (e.g., having tougher penalties for residents of Ohio convicted of crimes within Michigan.) It also establishes extradition between the states, as well as laying down a legal basis for freedom of movement and travel amongst the states. Today, this provision is sometimes taken for granted, especially by citizens who live near state borders; but in the days of the Articles of Confederation, crossing state lines was often a much more arduous and costly process. Article Four also provides for the creation and admission of new states. The Territorial Clause gives Congress the power to make rules for disposing of Federal property and governing non-state territories of the United States. Finally, the fourth section of Article Four requires the United States to guarantee to each state a republican form of government, and to protect the states from invasion and violence.

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Article Five

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Process of amendments: Article Five describes the process necessary to amend the Constitution. It establishes two methods of proposing amendments: by Congress or by a national convention requested by the states. Under the first method, Congress can propose an amendment by a two-thirds vote (of a quorum, not necessarily of the entire body) of the Senate and of the House of Representatives. Under the second method, two-thirds of the state legislatures may convene and "apply" to Congress to hold a national convention, whereupon Congress must call such a convention for the purpose of considering amendments. To date, only the first method (proposal by Congress) has been used.
Once proposed — whether submitted by Congress or by a national convention — amendments must then be ratified by three-fourths of the states to take effect. Article Five gives Congress the option of requiring ratification by state legislatures or by special conventions assembled in the states. The convention method of ratification has only been used to approve the 21st Amendment. Article Five currently places only one limitation on the amending power — that no amendment can deprive a state of its equal representation in the Senate without that state's consent (limitations regarding slavery and taxation having expired in 1808.)

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Article Six

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Federal power: Article Six establishes the Constitution, and the laws and treaties of the United States made in accordance with it, to be the supreme law of the land, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." It also validates national debt created under the Articles of Confederation and requires that all federal and state legislators, officers, and judges take oaths or affirmations to support the Constitution. This means that the states' constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict, state judges are legally bound to honor the federal laws and constitution over those of any state.
Article Six also states "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

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Article Seven

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Ratification: Article Seven sets forth the requirements for ratification of the Constitution. The Constitution would not take effect until at least nine states had ratified the Constitution in state conventions specially convened for that purpose, and it would only apply to those states which ratified it.

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First Amendment

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ddresses the rights of freedom of religion (prohibiting Congressional establishment of a religion over another religion through Law and protecting the right to free exercise of religion), freedom of speech, freedom of the press, freedom of assembly, and freedom of petition.

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Second Amendment

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defines the right of States in keeping and maintaining militias and the right of individuals to possess firearms.

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Third Amendment

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prohibits the government from using private homes as quarters for soldiers during peacetime without the consent of the owners. The only existing case law regarding this amendment is a lower court decision in the case of Engblom v. Carey

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Fourth Amendment

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guards against searches, arrests, and seizures of property without a specific warrant or a "probable cause" to believe a crime has been committed. Some rights to privacy have been inferred from this amendment and others by the Supreme Court.

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Fifth Amendment

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forbids trial for a major crime except after indictment by a grand jury; prohibits double jeopardy (repeated trials), except in certain very limited circumstances; forbids punishment without due process of law; and provides that an accused person may not be compelled to testify against himself (this is also known as "Taking the Fifth" or "Pleading the Fifth"). This is regarded as the "rights of the accused" amendment, otherwise known as the Miranda rights after the Supreme Court case. It also prohibits government from taking private property without "just compensation," the basis of eminent domain in the United States.

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Sixth Amendment

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guarantees a speedy public trial for criminal offenses. It requires trial by a jury, guarantees the right to legal counsel for the accused, and guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused. It also guarantees the accused a right to know the charges against him. The Sixth Amendment has several court cases associated with it, including Powell v. Alabama, United States v. Wong Kim Ark, Gideon v. Wainwright, and Crawford v. Washington. In 1966, the Supreme Court ruled that the fifth amendment prohibition on forced self-incrimination and the sixth amendment clause on right to counsel were to be made known to all persons placed under arrest, and these clauses have become known as the Miranda rights.

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Seventh Amendment

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assures trial by jury in civil cases.

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Eight Amendment

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forbids excessive bail or fines, and cruel and unusual punishment.

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Ninth Amendment

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declares that the listing of individual rights in the Constitution and Bill of Rights is not meant to be comprehensive; and that the other rights not specifically mentioned are retained elsewhere by the people.

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Tenth Amendment

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provides that powers that the Constitution does not delegate to the United States and does not prohibit the States from exercising, are "reserved to the States respectively, or to the people."

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Eleventh Amendment

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(1795): Clarifies judicial power over foreign nationals, and limits ability of citizens to sue states in federal courts and under federal law

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Twelfth Amendment

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(1804): Changes the method of presidential elections so that members of the Electoral College cast separate ballots for president and vice president.

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Thirteenth Amendment

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(1865): Abolishes slavery and grants Congress power to enforce abolition.

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Fourteenth Amendment

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(1868): Defines a set of guarantees for United States citizenship; prohibits states from abridging citizens' privileges or immunities and rights to due process and the equal protection of the law; repeals the Three-fifths compromise; prohibits repudiation of the federal debt caused by the Civil War.

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Fifteenth Amendment

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(1870): Forbids the federal government and the states from using a citizen's race, color, or previous status as a slave as a qualification for voting.

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Sixteenth Amendment

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(1913): Authorizes unapportioned federal taxes on income.

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Seventeenth Amendment

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(1913): Establishes direct election of senators.

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Eighteenth Amendment

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(1919): Prohibited the manufacturing, importing, and exporting of alcoholic beverages. Repealed by the Twenty-First Amendment.

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Nineteenth Amendment

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(1920): Prohibits the federal government and the states from forbidding any citizen to vote due to their sex.

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Twentieth Amendment

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(1933): Changes details of Congressional and presidential terms and of presidential succession.

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Twenty First Amendment

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(1933): Repeals Eighteenth Amendment. Permits states to prohibit the importation of alcoholic beverages.

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Twenty Second Amendment

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(1951): Limits president to two terms.

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Twenty Third Amendment

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(1961): Grants presidential electors to the District of Columbia.

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Twenty Fourth Amendment

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(1964): Prohibits the federal government and the states from requiring the payment of a tax as a qualification for voting for federal officials.

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Twenty Fifth Amendment

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(1967): Changes details of presidential succession, provides for temporary removal of president, and provides for replacement of the vice president.

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Twenty Sixth Amendment

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(1971): Prohibits the federal government and the states from forbidding any citizen of age 18 or greater to vote on account of their age.

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Twenty Seventh Amendment

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(1992): Limits congressional pay raises.