Constitution Articles Flashcards
Article 1
Legislative Branch
establish senate and house
House
rep qualifications:
- 435 of them
- 25, citizen at least 7 years, inhabitant of state where they are elected
- elected by the people
- serve 2 years
- choose speaker and other officers,
- sole power to try impeachments
Senate
Senator qualifications
- 100 of them,
- 30 y/o, citizen for 9 years, inhabit state in which they are chosen
- serve 6 years
- elected by people
- VP is senate pres w no vote
- convicts/acquits impeachment
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Article I Section 8 Enumerated Powers
Congress enumerated powers:
- lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States
- borrow money on US credit
- regulate commerce
- establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States
- coin money and stuff and provide punishment for counterfeits
- To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries
- To constitute Tribunals inferior to the supreme Court
- To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
- To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
- To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years
- To provide and maintain a Navy
- To make Rules for the Government and Regulation of the land and naval Forces
- To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions
- can take some land and use for gov stuff (enclave)
- necessary & proper/elastic clause
Article I Section 9 Powers Denied Congress
Section 9 Powers Denied Congress
- no more importing ppl after 1808
- The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
- No Bill of Attainder or ex post facto Law shall be passed.
- No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
- No Tax or Duty shall be laid on Articles exported from any State.
- No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
- No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
- No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Powers given to states
time, place, manner, for holding senator/rep elections
Article I Section 10 Powers Denied States
- No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
- No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
- No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Article 2
Executive Branch
pres qualifications:
natural born citizen, at least 35, live in US for 14 years,
Elected by electors,
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
electors then choose president,
House chooses President if tie, senate chooses VP if tie
talks abt VP stuff
president compensated for services
takes oath before entering office
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Pres Powers
- commander in chief of army/navy
- w 2/3 senate consent make treaties
- w senate consent, nominate/appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States
- The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session
pres duties
- give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient;
- on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper;
- receive Ambassadors and other public Ministers;
- take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Article 3
Judicial Branch
no qualifications
nomiated by pres, ocnfirmed by senate
lifetime appointment
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
extends to most controversies and cases
Original jurisdiction
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.
Appellate Jurisdiction
In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Treason
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Article 4
The Relationship Between the States
states have to respect other state’s rules and stuff
U.S. citizens are entitled to the same basic rights and privileges in every state, regardless of which state they reside in.
Extradition
- ppl who flee bcs of crime or slavery will be extradited/returned back to the state
New states/ Fed property
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
Congress has the authority to manage and regulate federal territories and other property owned by the United States.
Section 4 Republican Form of Government
- The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Article 5
Amending the Constitution
2/3 congress or 2/3 of states (call convention) to propose amend, ratified by 3/4 legislature or 3/4 conventions
Article 6
Prior Debts, National Supremacy Clause, and Oaths of Office
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
constitution is supreme law of the land
All gov ppl shall be 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 United States.
Article 7
Ratification
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
