U.S. Constitution Flashcards
Source: https://www.usconstitution.net/constquick.html
U.S. Constitution - The Preamble
The Preamble to the Constitution has no force in law; instead, it establishes the “Why” of the Constitution. Why is this document in existence? It reflects the desires of the Framers to improve on the government they currently had (to be “more perfect” than the Articles of Confederation), to ensure that that government would be just, and would protect its citizens from internal strife and from attack from the outside. It would be of benefit to the people, rather than to its detriment. And, perhaps as importantly, it intended to do the same for the future generations of Americans.
U.S. Constitution - Article 1
Article 1 establishes the first of the three branches of the government, the Legislature.
U.S. Constitution - Article 1 - Section 1
Section 1 establishes the name of the Legislature to be The Congress, a bicameral, or two-part, body.
U.S. Constitution - Article 1 - Section 2
Section 2 defines the House of Representatives, known as the lower house of Congress. It establishes a few minimum requirements, like a 25-year-old age limit, and establishes that the people themselves will elect the members for two years each. The members of the House are divided among the states proportionally, or according to size, giving more populous states more representatives in the House. The leader of the House is the Speaker of the House, chosen by the members.
U.S. Constitution - Article 1 - Section 3
Section 3 defines the upper house of Congress, the Senate. Again, it establishes some minimum requirements, such as a 30-year-old age limit. Senators were originally appointed by the legislatures of the individual states, though this later changed with the 17th Amendment. They serve for six years each. Each state has equal suffrage in the Senate, meaning that each state has the exact same number of Senators, two each, regardless of the population. This Section introduces the Vice-President, who is the leader of the Senate (called the President of the Senate); the Vice-President does not vote unless there is a tie.
U.S. Constitution - Article 1 - Section 4
Section 4 says that each state may establish its own methods for electing members of the Congress and mandates that Congress must meet at least once per year.
U.S. Constitution - Article 1 - Section 5
Section 5 says that Congress must have a minimum number of members present in order to meet and that it may set fines for members who do not show up. It says that members may be expelled, that each house must keep a journal to record proceedings and votes, and that neither house can adjourn without the permission of the other.
U.S. Constitution - Article 1 - Section 6
Section 6 establishes that members of Congress will be paid, that they cannot be detained while traveling to and from Congress, that they cannot hold any other office in the government while in the Congress.
U.S. Constitution - Ineligibility Clause
The ineligibility clause puts a limitation on the employment of members of Congress, and the employees of the executive branch, from serving or holding other office of Congress. This clause expressly bars senators or representatives from being appointed to any civil office under the authority of the U.S. The purpose of the clause is twofold: (1) To protect separation of powers; (2) To prevent Congress from conspiring to create offices or increase federal officials’ salaries with the expectation that members of Congress would later be appointed to these posts. (U.S. Constitution - Article 1 - Section 6)
U.S. Constitution - Article 1 - Section 7
Section 7 details how bills become law. First, any bill for raising money (such as by taxes or fees) must start out in the House. All bills must pass both houses of Congress in the exact same form. Bills that pass both houses are sent to the President. He can either sign the bill, in which case it becomes law, or he can veto it. In the case of a veto, the bill is sent back to Congress, and if both houses pass it by a two-thirds majority, the bill becomes law over the President’s veto. This is known as overriding a veto.
There are a couple more options for the President. First, if he neither vetoes a bill nor signs it, it becomes a law without his signature after 10 days. The second option is called a pocket veto. It occurs if Congress sends the bill to the President and they then adjourn. If the President does not sign the bill within 10 days, it does not become law.
U.S. Constitution - Article 1 - Section 8
Section 8 lists specific powers of Congress, including the power to establish and maintain an army and navy, to establish post offices, to create courts, to regulate commerce between the states, to declare war, and to raise money. It also includes a clause known as the Elastic Clause (or Necessary and Proper Clause) which allows it to pass any law necessary for the carrying out of the previously listed powers.
U.S. Constitution - Elastic Clause or Necessary and Proper Clause.
Allows congress to pass any law necessary for the carrying out of specific powers listed in Article 1 - Section 8, including the power to establish and maintain an army and navy, to establish post offices, to create courts, to regulate commerce between the states, to declare war, and to raise money. (U.S. Constitution - Article 1 - Section 8)
U.S. Constitution - Article 1 - Section 9
Section 9 places certain limits on Congress. Certain legal items, such as suspension of habeas corpus, bills of attainder, and ex post facto laws are prohibited. No law can give preference to one state over another; no money can be taken from the treasury except by duly passed law, and no title of nobility, such as Prince or Marquis, will ever be established by the government.
U.S. Constitution - habeas corpus
A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention. - The legal right to apply for a habeas corpus. U.S. (Constitution - Article 1 - Section 9)
U.S. Constitution - Bill of Attainder
When a government convicts someone to death without holding a trial first, it’s done with a law known as a bill of attainder. This kind of legislation is not allowed under the rules of the US Constitution. (U.S. Constitution - Article 1 - Section 9)
U.S. Constitution - Ex Post Facto Law
Ex post facto law, law that retroactively makes criminal conduct that was not criminal when performed, increases the punishment for crimes already committed, or changes the rules of procedure in force at the time an alleged crime was committed in a way substantially disadvantageous to the accused. (U.S. Constitution - Article 1 - Section 9)
U.S. Constitution - Article 1 - Section 10
Section 10 prohibits the states from several things. They cannot make their own money, or declare war, or do most of the other things prohibited Congress in Section 9. They cannot tax goods from other states, nor can they have navies.
U.S. Constitution - Article 2
Article 2 establishes the second of the three branches of government, the Executive.
U.S. Constitution - Article 2 - Section 1
Section 1 establishes the office of the President and the Vice-President, and sets their terms to be four years. Presidents are elected by the Electoral College, whereby each state has one vote for each member that is represented in Congress. Originally, the President was the person with the most votes and the Vice-President was the person with the second most, though this was later changed with the 12th Amendment. Certain minimum requirements are established again, such as a 35-year minimum age. Presidents must also be a natural-born citizen of the United States. The President is to be paid a salary, which cannot change, up or down, as long as he in is office.
U.S. Constitution - Article 2 - Section 2
Section 2 has three different clauses that talk about the powers given to the President. Clause 1: The President of the United States is the commander-in-chief of the military. This clause also creates a Cabinet of senior executive officers who assist the President in his duties. Clause 2: This clause is called the Advice and Consent clause, which means that the President can use his powers only by getting help and approval of the United States Congress. Clause 3: The President has the power to appoint officers during recesses of the court, but these appointments expire once the next session of the Senate begins.
U.S. Constitution - Article 2 - Section 3
Section 3 establishes the duties of the President: to give a state of the union address, to make suggestions to Congress, to act as head of state by receiving ambassadors and other heads of state, and to be sure the laws of the United States are carried out.
U.S. Constitution - Article 2 - Section 4
Section 4 briefly discusses the removal of the President, called impeachment: “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.” The interpretation of what this means is dependent on Common Law.
U.S. Constitution - Article 3
Article 3 establishes the last of the three branches of government, the Judiciary.
U.S. Constitution - Article 3 - Section 1
Section 1 establishes the Supreme Court, the highest court in the United States. It also sets the terms of judges, of both the Supreme Court and lower courts: that they serve as long as they are on “good behavior”, which usually means for life (no Justice and only a few judges have ever been impeached). It also requires that judges shall be paid.
