The Constitution, Article I & the Bill of Rights Flashcards
Article I
Compares the 2 houses of Congress: the Senate and the House of Representatives
**Longest article with 10 sections
Article I, Section I: Legislative power
Legislative power:
- The power of the legislative branch is to make laws
- The Great Compromise, proposed by Roger Sherman, established a dual system of congressional legislation
Article I, Section 2: The House of Representatives
The House of Representatives:
- Representatives are re-elected every 2 years
- Representatives must be at least 25 years old, have been a citizen for at least 7 years, and must live in the state they are to represent
- The number of representatives (435 total) a state gets depends on their population number
- The Three-Fifths Compromise: Every 5 slaves would count as 3 people for taxation and representation purposes
- The House has the sole power of impeachment
Article I, Section 3: The Senate
Senate:
- 2 senators per state that serve 6-year terms (100 senators in total)
- Special one-time election rule: Made into classes, with 1st class serving 2-year terms, 2nd class serving 4-year terms and 3rd class serving 6-year terms
- Senators must be at least 30 years old, have been a citizen for 9 years, and must live in the state they are to represent
- The vice president is the leader of the Senate, but does not get a vote unless there is a tie
- The Senate has the sole power to try all impeachments
Article I, Section 4: Elections and Meetings of Congress
Elections and Meetings of Congress:
- State legislatures usually determine the details about elections: however, these details can be changed by Congress
Article I, Section 5: Rules and Procedures of the Two Houses
Rules and Procedures of the Two Houses:
- The leader of the Senate is the Vice President, and the leader of the House of Representatives is the Speaker of the House
- A journal is written to help keep track of the information discussed during meetings of Congress: it is written for the people, as it is published from time to time
Article I, Section 6: Members’ Privileges and Restrictions
Members’ Privileges and Restrictions
- Both Senators and Representatives receive compensation for their work from the Treasury
- They are exempt from arrest while Congress is in session (except in cases of treason, felony or breach)
- They cannot be questioned about any speech or debate that took place in Congress outside of any session
Article I, Section 7: Lawmaking Procedure
Lawmaking Procedure
- Money-related bills begin in the House of Representatives
- The basic system of making a bill into law goes as follows:
1. The bill is presented in one of the Houses of Congress
2. The President either accepts or rejected (vetoes) the bill
3. If accepted, the bill is then voted on in both houses
4. If the bill receives 2/3 majority vote in both houses, it is then passed into law
- The President can reject (veto) a law presented by Congress. Congress can then either make changes to the bill or override the President’s veto
- A bill cannot become a law without the President’s signature, unless they have not signed it after 10 days
- A pocket veto is when a bill “evaporates” or is killed
Article I, Section 8: Powers of Congress
Powers of Congress:
- Congress has 7 enumerated powers
**Differing from the Articles of Confederation, Congress has powers now such as the ability to establish a national currency or the ability to establish a national defense (army and navy)
- Congress has authority over the states regarding territory purchased by the national government
- The elastic clause gives Congress the power to pass laws that are “necessary and proper”, or any laws deemed essential for the function of the United States
Article I, Section 9: Powers Denied to the Federal Government
Powers Denied to the Federal Government:
- The 1st paragraph in this section is about slaves and the international slave trade: it established the end of the importation of slaves to the United States, starting in 1808
- Congress cannot do the following:
1. Suspend the writ of habeas corpus
2. Grant any title of nobility or allow citizens to accept titles of nobility from foreign nations
3. Take money from the Treasury, unless necessary
Article I, Section 10: Powers Denied to the States
Powers Denied to the States:
- States cannot do the following:
1. Enter into any treaty, alliance or confederacy
2. Lay any imposts or duties on imports/exports without the consent of Congress
3. Engage in war, unless necessary
Articles 2-7
Article 2: Requirements and powers of the executive office
Article 3: The Supreme Court (does not mention the concept of judicial review - established in Marbury v. Madison)
Article 4: Full faith and credit clause - the citizens of every state shall enjoys the rights and privileges from each state
Article 5: Amendment process
Article 6: National supremacy/supremacy clause - shall be the supreme law of the land
Article 7: Ratification process
The Preamble of the Constitution
- The name of the Constitution is done through the people of the United States
- The goals of the government are as followed:
1. Establish justice
2. Maintain good state relations
3. Establish a strong national defense
4. Maintain the welfare of the nation
5. Promote liberty for each citizen
The First Amendment
- Freedom of speech
- Freedom of religion
**The government cannot promote one religion over another or pass laws that inhibit another religion - Freedom of the press
- Freedom of assembly
- Freedom to petition
The Second Amendment
The right to keep and bear arms
The Third Amendment
The right against quartering soldiers without consent in times of peace
The Electoral College
A system by which the people of each state would vote for a certain number of electors, who would then vote for the next president in the name of the people. Each state has the same number of electors as representatives in Congress
**A compromise made during the Constitutional Convention
The Great Compromise
Compromise presented by Roger Sherman that established a two-house legislature, now known as Congress
**This compromise satisfied the need for seats based on population and seats based on equal representation
The Constitutional Convention
A convention held from May 25-September 17, 1787 in Philadelphia in order to revise the system of government established by the Articles of Confederation. 55 delegates attended
Advice and consent
The authority of the Senate to ratify treaties and confirm cabinet and judicial appointments
Checks and balances
The power allowing each branch of government to limit the others’ power and authority
Impeachment
An accusation of wrongdoing, especially in regards to government authority and power
**3 presidents have been tried for impeachment: Andrew Johnson, Bill Clinton, and Donald Trump
Pocket veto
A formal decision to reject a bill passed by Congress after it adjourns. If a president does not sign or veto a bill at the end of their term, it kills the bill
Separation of power
The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another
Stakeholders
People or groups who are affected by certain U.S. politics
Two-thirds override
The ability of each house of Congress to override a bill vetoed by the president with a 2/3rds majority vote from each house
Veto
The ability of a president to reject a bill proposed by Congress
Bicameral
A two-house legislature
Ratification
Formal consent
The Virginia Plan
- Delegates from Virginia proposed a bicameral legislature (two house)
- Lower house (House of Representatives): Directly elected, number of representatives decided by population
- Upper house (Senate): Appointed by state legislatures
The New Jersey Plan
Sovereignty of states: limited and defined powers of national legislature
**No national court system, each state has 1 vote in a legislative body
