chapter 4 (part one The Constitution) Flashcards by zzz F

The Preamble

has no force of law, but explains the intent of the constitution

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Article 1

Established the first branch: the legislature

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Article 1, section 1

-legislature congress
-Bicameral system, two-part congress

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Article 1, section 2

-establishes house of representatives
-25 yo member of house
-7 years citizen
-inhabitant of electorate state
-2 year terms
-members divided among states proportionally
-house elected speaker of the house

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Article 1, section 3

-establishes senate
-30 yo member of senate
-9 years citizen
-inhabitant of electorate state
-appointed by state legislatures
-6 year terms
-2 senators each state
-Vice president is senate president
-Vice president only votes for ties

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Article 1, section 4

-each state establishes its method of electing members
-congress must meet at least once a year

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Article 1, section 5

-minimum number of members that must be present
-FINES for those who do not attend
-allows for members to be expelled
-requires both houses to record proceedings and votes
-requires both house to agree to adjournment

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Article 1, section 6

-members of congress will be paid
-members of congress cannot be detailed white traveling to/fro congress
-members of congress cannot hold any other office

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article 1, section 7

-Details how a bill becomes a law
-Requires any bill that raises money start from house
-bills passed by both houses are sent to president
-president can sign or veto
-if president veto, congress must pass by 2/3rds majority
-if president does not sign, nor veto, it becomes law in 10 days
-if the president does not sign and congress adjourns before 10 days, it does not become law (POCKET VETO)

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Article 1, section 8

-congress can establish and maintain an army & navy
-congress can establish post office
-congress can create courts
-congress can regulate commerce between states
-congress can declare war
-congress can raise money
ELASTIC CLAUSE: congress can pass laws necessary to these actions

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Article 1, Section 9

-congress cannot suspend habeas corpus
-congress cannot issue bills of attainder
-ex post facto laws are prohibited
-no law can give preference to one state over another
-no money can be taken from the treasury, but by law
-no titles of nobility are allowed

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Habeas Corpus

the right to be brought to a court determining whether your detainment is justified

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Bills of Attainder

a bill charging someone of guilt for a crime

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Article 1, section 10

-States cannot make their own money
-States cannot declare war
-States cannot tax goods from other states
-States cannot have navites
-States cannot pass ex post facto laws
-State no nobility
-States cannot impair the obligation of contracts

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Article 2

establishes the second branch: the executive

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Article 2, section 1:

-president & vice president
-4 year terms
-elected by electoral college
-each state gets one vote for each member of congress in the EC
-whoever comes in second is Vice-President (what happened)
-35 yo president
-NATURAL BORN CITIZEN
-paid a salary that cannot be changed

Article 2, section 2:

-Commander in Chief of the militia
-Assisting cabinet
-can pardon criminals lol
-make treaties approved by senate
-chooses judges approved by senate

Article 2, section 3

-The president must give a state of the union address lol
-can make suggestions to congress
-receives ambassadors and head
-make sure laws of the United States are carried out

Article 2, section 4

-all executives can be impeached
-impeached for treason, bribery, high crimes, misdemeanors

Article 3

Established the third branch: judiciary branch

Article 3, section 1

-supreme court highest court
-congress can create lower courts
-judges as long as on good behaviour lol
-judges pay cannot be lowered

article 3, section 2

-original jurisdiction for all state disputes or cases involving other nations
-in all other matters, supreme court has only appellate jurisdiction
-right to a jury trial for all crimes except impeachment

Article 3, Section 3

-Defines treason as levying war against the US, giving adherence to its enemies, or providing them aid
-to be convicted, there must be two witnesses to the same act or confession

Article 4:

establishes state obligations

Article 4 , section 1

full faith and credit to the laws of other states

Article 4, section 2

-requires that citizens of one state be treated equally to citizens of other states -requires extradition between states -requires that slaves be returned to their owners

Article 4, section 3

-concerns the admittance of new states into the union -concerns control of federal land

Article 4, section 4

-Guarantees each state a republican form of government -the federal government must protect all states from invasion

Article 5

-Establishes how to amend the constitution -1: both houses of legislature by 2/3rds majority + ratified by 3/4ths of states -2 (never happens) constitutional convention called by 2/3rds of legislatures -3 Habeas Corpus and state equality cannot be amended

Article 6

-establishes obligations of the US -all debts incurred under the Confederation will be honored -all officers of the US swear allegiance

Article 7

ratify the constitution babies 9/13 states thank you

summary of the first 10 amendments

ONE: freedom of speech/religion TWO: free militia, right to own firearm THREE: cannot force a homeowner to board the military FOUR: protection from the government from unreasonable search and seizure of their property without warrant FIVE: due process, indictment for charged crimes, no double charges, cannot be forced to testify, property cannot be taken without compensation SIX: right to impartial jury, right to speedy trial, right to an attorney, right to compel witness, right to confront witness SEVEN: the right to a civil jury trial in federal court EIGHT: no cruel punishment, no unfair fines or bail NINE: there are other rights too idk TEN: ask the states about them idk idk