NY BAR REVIEW - U.S. CONSTITUTION Flashcards
constitution of the us
SEPTEMBER 17, 1787
in order to:
form a more perfect union establish justice insure domestic tranquility provide for common defense promote general welfare secure the blessings of liberty to ourselves and our posterity
ARTICLE 1
section 1
all legislative powers vested in congress,
consisting of senate and house of representatives
ARTICLE 1
section 2
house of representatives members chosen every 2 yrs by
the people
electors in each state have the qualifications requisite for
electors
of the most numerous branch of the state legislature
25 yrs old, and 7 yrs a citizen, and when elected, isnt an
inhabitant
of the state in which hes chosen
representatives and direct taxes (and income tax…)
apportioned among the states according to their respective
numbers,
(adding to the free persons, including those bound to service
for a term of years, excluding indians not taxed, and 3/5 of
all others).
enumeration every 10 yrs.
1 representative for at most 30,000 people
each state- at least one representative
when vacancies occur, the executive authority will issue
writs
of election to fill them.
speaker and officers will be chosen by the representatives
THE HOUSE OF REPRESENTATIVES HAS THE POWER
OF IMPEACHMENT
art 1
sec 3
the senate is composed of 2 senators from each state
chosen by the legislature (… the people) for 6 yrs
each senator has one vote, divided into 3 classes
seats of senators of 1st class, vacated at expiration of 2nd yr
2
nd class, at expiration of 4th yr, 3rd class at expiration
Of 6th yr, so that 1/3 is chosen every 2nd yr
If vacancies occur due to resignation, the executive
Makes temporary appointments till next meeting of
Legislature, which will then fill the vacancies
Senator should be at least 30 yrs old, & 9 yrs citizen
And is not an inhabitant of the state for he which was chosen
When elected
The VICE PRESIDENT is the president of the senate,
Has no vote, unless equally divided
Senate chooses other officers, and a president pro tempore
In absence of VP, or if becomes president of US
The senate tries all impeachments while on oath/affirmation
When PRESIDENT OF US is tried, chief justice presides
Conviction only if 2/3 members present
Impeachment judgments are for removal from office
And disqualification to hold any office of honor trust or profit
Under the US
Party convicted is liable and subject to indictment, trial,
judgment, punishment according to law
art 1
sec 4
Time place and manner of elections for senators and
Representatives prescribed in each state by their
Legislature
Congress may anytime by law make or alter such
Regulations, except as to places of choosing senators
Congress assembles at least once a yr
First Monday in December, unless a diff day apptd by law
art
sec 5
Each house judges the elections, returns, and
Qualifications of own members, a majority of each
Constitutes a quorum to do business
A smaller number may adjourn from day to day
May be authorized to compel attendance of absentees
In a manner and under penalties as each house provides
Each house determines rules of its proceedings,
Punishes members for disorderly behavior, and w 2/3
Can expel a member
Each house keeps a journal of proceedings,
From time to time publishes
Except parts that would require secrecy &
Yeas and neas of members at the desire of 1/5
Present, enter in journal
Neither house, when congress in session,
w/o consent of other, adjourns for more than 3 days
nor to any other place than that in which the 2 are sitting
art 1
sec 6
senators and representatives receive a compensation
for services, ascertained by law, paid out of treasury
except in treason, felony and breach of the peace,
they shall be privileged from arrest, during attendance
at session in house and going to and returning from,
for any speech or debate in house, shall not be questioned
in any other place
senator or representative shall not be apptd to any civil
office under authority of US, and no person holding any
office under US, shall be a member of either house during
continuance in office
art 1
sec 7
bills for raising revenue originate in the house of reps
the senate may propose or concur with amendments
as on other bills
bill which passed the house of reps and senate
is presented to president of US
approves- signs, doesn’t approve- returns to the house
it originated in, whom enters the objections in their journal,
and reconsider it
if after reconsideration 2/3 of house agree to pass it, its sent
w/ objections, to other house, then reconsidered, and if
approved by 2/3 – BECOMES A LAW
votes shall be determined by yeas and neas, and the names
of those who voted- in journal
any bill not returned by PRESIDENT w/in 10 days, (except
Sunday), it becomes law… as if had signed it…, unless
congress by adjournment, prevents its return, and then,
DOESN’T BECOME LAW
Every order, resolution, vote, to which concurrence of
House of rep and senate is necessary, (except question of
Adjournment), shall be presented to president of US, and
shall be approved by him, or disapproved, shall repass by
2/3 of senate and house of reps, according to rules and
Limitations prescribed in case of a bill
art 1
sec 8
Congress has power to lay and collect taxes, duties,
Imposts, excises, pay debts, provide for common defense
And general welfare of the US. All those mentioned
Shall be uniform throughout the US
Borrow money on credit of US
Regulate commerce w foreign nations and among states
And w Indian tribes
Establish uniform rule of naturalization and uniform laws on
Bankruptcies in US
Coin money, regulate value thereof, and of foreign coin,
Fix standard weights and measures
Provide for punishment of counterfeiting the securities
And current coin of US
Establish post office and post roads
Promote progress of science and useful arts by securing
limited times to authors & inventors the exclusive right to
Their respective writings and discoveries
Constitute tribunals inferior to supreme court
Define and punish piracies and felonies committed on
High seas, & offenses against the law of nations
DECLARE WAR
Grant letters of marquee and reprisal
Make rules concerning captures on land and water
Raise and support armies, but no appropriation of money
To that use shall be for longer term than 2 yrs
Provide and maintain navy
Makes rules for govt and regulation of land & naval forces
Provide fo calling forth militia to execute laws of UNION
Suppress insurrections and repeal invasions
Provide for organizing, arming, and disciplining militia
And governing such part as may be employed in service
Of US, reserving so states respectively the appt of officers
And authority of training the militia according to disclipline
Prescribed by congress
Exercise exclusive legislation in all cases, over such district
(not exceeding 10 square miles) as may, by cession of
particular states and acceptance of congress
Become seat of govt of US and exercise like authority over
all places purchased by consent of legislature of stte in
which same shall be for erection of forts, magazines,
Arsenals, dock-yards, & other needful buildings
Make all laws necessary for proper carrying into
execution Foregoing powers, and all other powers
vested by const in govt of US or in any dept or officer
thereof
art 1 sec 9
Migration or importation of persons of any of the states
Shall think proper to admit, shall not be prohibited by
congress prior to yr 1808, but a tax or duty may be imposed
On importation, not exceeding $10/person
Privilege of WRIT OF HABEAS CORPUS shall not be
suspended unless when rebellion or invasion, then public
safety requires
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 census or enumeration before taken
No tax or duty on articles exported from any state
No preference given by any regulation of commerce or
Or revenue to ports of 1 stte over those of another
No vessels bound to or from 1 stte obliged to enter,
Clear or pay duties in another
No $ drawn from treasury, unless in consequence of
Appropriation by law
Regular statement and account of receipts and expenditures
Of all public $ is to be published from time to time
No title of nobility is to be granted by the US
No person holding any office of profit or trust under them
Shall, w/o congress’ consent , accept a present, emolument,
Office or title of any kind from any king, prince, or foreign stte
art 1
sec 10
No stte shall enter any treaty, alliance, confederation
Grant letters of marque and reprisal, coin money, emit bills
of credit, make anything but gold and silver coin
A tender in payment of debts, pass any bill of attainder,
Ex post facto law, or law impairing obligation of contracts, or
Grant any title of nobility
No stte w/o congress’ consent, shall lay impost or duties
On imports or exports, except whats absolutely necessary
for executing its inspection law
Net produce of all duties and imposts laid by any stte
On imports or exports, shall be for use of US TREASURY
All such laws are subject to revision and control of congress
No stte w/o congress’ consent, shall lay any duty of tonnage,
Keep troops, or ships of war in time of peace,
Enter in any agreement or compact w another stte or
Foreign power, or engage in war, unless actually invaded, or
In such imminent danger as will not admit of delay
art 2
sec 1
Executive power is vested in the PRESIDENT OF US
Holds office 4 yrs, and together w VICE PRESIDENT,
Chosen for same term
Each state appoints, in manner that legislature directs,
A number of electors, equal to whole number of
Senators and reps to which stte may be entitled in congress
No senator or rep or person holding office of trust or
Profit under US shall be apptd an elector
Electors meet in respective stts, vote by ballot
For 2 persons, of whom 1 at least shall not be inhabitant
Of same stte w themselves.
Make a list of all persons voted for, and number of votes
For each
Sign list and certify, and transmit sealed to seat of govt
Of US, directed to president of senate.
President of senate, in presence of senate and
House of reps opens all certificates and votes are counted
Person w greatest number of votes is president, if
It’s a majority of whole number of electors apptd
If more than 1 has a majority, and equal number of votes,
House of reps chooses by ballot one for PRESIDENT.
If no majority, then from 5 highest on list, they’ll choose
PRESIDENT in like manner.
Choosing the PRESIDENT, votes are to be taken
By stts, representation from each stte 1 vote
QUORUM – member / members form 2/3 of stts
And majority of all stts necessary to a choice.
After choice of president, person w greatest number of votes
Of electors is VICE PRESIDENT
If remains two/more who have equal votes, senate chooses
From them by ballot the VICE PRESIDENT
Congress may determind time of choosing electors
And day to give their votes, same day throughout the US
Only natural-born citizen, or citizen of US at time of
Adoption of const, is eligible to office of PRESIDENT
No person eligible to that office unless attained age 35
And has been 14 yrs a resident w/in US
In case of REMOVAL OF PRESIDENT from office,
Or DEATH, RESIGNATION, INABILITY to discharge
Powers and duties of office, the same shall devolve
On VICE PRESIDENT, and congress may provide
For case of removal, death, resignation, or inability,
Both of president & vice president , declaring what officer
shall act as president, & the officer shall act accordingly,
Until the disability be removed or a president elected
President shall at stated times, receive for his services
Compensation that’s not to be increased nor diminished
during period for which has been elected and
Wont receive w/in that pd any other emolument from
US or any of them.
Before entering office shall take oath or affirmation
“I do solemnly swear or affirm that I will faithfully
Execute the office of president of the US, and will
To the best of my ability, preserve, protect and defend
The constitution of the UNITED STATES.”
art 2
sec 2
The PRESIDENT is the commander-in-chief of the
Army and navy of the US and of the militia of several
States, when called into actual service of US
He may require opinion in writing of principal officer
In each of executive depts Concerning any subject
Related to duties of their respective offices, and
Has power to grant reprieves and pardons for
Offenses against the US,
Except in IMPEACHMENT
He has power by & w/ advice and consent of senate
To make TREATIES w/ 2/3 consent of senators present
Nominates by & w/ advice & consent of senate
Appointment of AMBASSADORS, public ministers,
Consuls, JUDGES OF SUPREME COURT, &
All other officers of US, whose apptmts aren’t provided
Here, and which shall be established by law
Congress may vest the apptmt of inferior officers,
As they think proper, in president alone, in courts,
Or heads of departments
President has power to fill up vacancies that may happen
During recess of senate, by granting commissions which
shall expire at end of next session
art 2
sec 3
President from time to time shall give congress
INFORMATION OF THE STATE OF THE UNION
And recommend to their consideration, measures
He judges necessary and expedient
He may, on extraordinary occasions, convene
Both houses, or either, and in case of disagreement
b/w them, w respect to time of adjournment,
may adjourn them to such time he thinks proper
he shall receive ambassadors and other public ministers,
shall take care that laws are faithfully executed
and commission all officers of US
art 3
sec 4
president, vice president and all civil officers of US
REMOVED FROM OFFICE ON IMPEACHMENT
For and conviction of treason, bribery, other
High crimes and misdemeanors
art 3 sec 1
JUDICIAL POWER of US, vested in SUPREME COURT
And in inferior courts as congress may ordain & establish
All judges hold their office during good behavior
And receive a compensation not to be diminished
During their continuance in office
art 3 sec 2
Judicial power extends to ALL CASES IN LAW &
EQUITY, arising under THE CONSTITUTION,
LAWS OF THE US, TREATIES made, or which
Shall be made, under their authority,
ALL CASES affecting AMBASSADORS, other
PUBLIC MINISTERS AND CONSULS, all cases
Of ADMIRALTY AND MARITIME JURISDICTION,
CONTROVERSIES to which US is a PARTY,
CONTROVERSIES B/W 2/MORE STTS,
B/W A STTE & CITIZENS OF ANOTHER STTE,
B/W CITIZENS OF DIFF STTS,
B/W CITIZENS OF SAME STTE claiming LANDS
Under grants of DIFF STTS, and
B/W a STTE, OR CITIZENS thereof, AND
FOREIGN STTS, CITIZENS OR SUBJECTS
In all cases affecting AMBASSADORS, other
PUBLIC MINISTERS and CONSULS, and those
In which STTE is a party, the
SUPREME COURT HAS ORIGINAL JURISDICTION
In all other cases,
SUPREME CT HAS APPELLATE JURISDICTION,
As to law & fact w/exceptions and under regulations
As congress makes
Trial of crimes, except impeachment , is by JURY
It is to be held in the stte where it has been committed
When not committed w/in any stte, shall be where
Congress directs by law
art 3 sec 3
TREASON against US, consists only in levying war
Or in adhering to the enemies, giving them aid & comfort
No one is to be convicted of treason unless on testimony
Of 2 witnesses to same overt act, or confession
In open ct
Congress has power to declare punishment of treason
No ATTAINDER OF TREASON shall work corruption
Of blood, or forfeiture except during the life of person
Attainted.
ARTICLE 4
Section 1
Full faith & credit is given in each stte to public acts
Records, judicial proceedings of every other stte
Congress may by law prescribe manner in which
Such acts, records, proceedings shall be proved, & effect
thereof
art 3
sec 2
Citizens of each stte are entitled to all privileges and
Immunities of citizens in several stts
Person charged in any stte w treason, felony, or
Other crime, & flees form justice, and is found in
Another stte, is on demand of executive authority of
Stte form which fled, to be delivered, removed
To stte having jurisdiction of the crime
No person held to service or labor (slavery)
in one stte under laws thereof, escaping in another
is, in consequence of any law or regulation therein,
to be discharged form such service or labor
but shall be delivered up on claim of the party to
whom such service or labor may be due
