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LAS101 - Intro to Law > US Constitution - Breakdown of Articles and Amendments > Flashcards

US Constitution - Breakdown of Articles and Amendments Flashcards

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1
Q

Article I, Section 1

A

power vested in Congress, composed of Senate and House of Representatives

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2
Q

Article I, Section 2 (5 parts)

A
  1. election of representatives by people
  2. qualifications of Reps
  3. apportionment of direct taxes and Reps to States
  4. filling vacancies of Reps (Writs of Election)
  5. choosing of own officers and sole power of impeachment
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3
Q

Article I, Section 3 (7 parts)

A
  1. election of senators by state legislature, term limits
  2. division of Senate into classes which determine term limits; filling vacancies
  3. Qualifications of senators
  4. Vice Pres is Pres of Senate
  5. Senate chooses own officers
  6. power to try all impeachments (including Pres)
  7. Procedure for impeachment
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4
Q

Article I, Section 4 (2 parts)

A
  1. Time Place and Manner of choosing senators/Reps

2. Assembly of Congress

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5
Q

Article I, Section 5 (4 parts)

A
  1. Elections, Returns, Qualifications; majority is enough to make a meeting; smaller number may adjourn and compel attendance of others
  2. Each house determines rules, punishments, expulsions
  3. Journals maintained for meetings (except secrets) plus yeas or nays if voted on
  4. No adjournments for more than 3 days
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6
Q

Article I, Section 6 (2 parts)

A
  1. Payment of Sens and Reps, no arrest during sessions (except for felonies+), no questions about sessions outside of meetings
  2. No employment in civil office while working as a Sen/Rep
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7
Q

Article I, Section 7 (3 parts)

A
  1. Bills for raising revenue
  2. veto/objection power of President, which can be overcome by 2/3 in both houses
  3. Reiteration of above?
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8
Q

Article I, Section 8

18 Powers of Congress

A
  1. taxing
  2. borrowing money
  3. regulating commerce with foreign nations/among states/with Indians
  4. Naturalization and bankruptcy rules
  5. coin and regulate money; weights and measures
  6. Punishment of counterfeiting
  7. establish post offices/roads
  8. Promote progress of science and useful arts
  9. Constitute tribunals inferior to the SC
  10. Define/punish piracy/felony by sea and against Law of Nations
  11. Declare war, retaliate, capture
  12. Raise/support armies
  13. Maintain a navy
  14. Regulate both forces
  15. Call for militia to execute Law of the Union, suppress insurrection and repel invasion
  16. Organize, arm, discipline militia (states choose officers and train)
  17. Exercise exclusive legislation in the seat of the government
  18. Make laws necessary to carry out the 17 enumerated powers
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9
Q

Article I, Section 9 (8 parts)

A
  1. States may take in migrants/imports without interference from Congress, though it may be taxed
  2. Habeas corpus stands except in cases of public safety
  3. No bill of attainder/ex post facto
  4. Taxes according to census
  5. No taxation on State exports
  6. No preference of ports; no duties of vessels entering ports elsewhere
  7. Procedure for withdrawing from treasury
  8. No nobility titles, no gifts from foreign nobility
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10
Q

Article I, Section 10 (3 parts)

A
  1. States may not enter into alliances, retaliate, coin money, accept alternate currency, pass a bill of attainder, ex post facto law or impairment of contract, or grant a title of nobility
  2. States may tax imports/exports if necessary, but policy is subject to change by Congress
  3. States may not individually keep war supplies or relations unless in imminent danger
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11
Q

Article II, Section 1 (7 parts)

A
  1. Executive power in President; four year term
  2. Chosen by Electors (who may not be Sens/Reps) and vote representative of the state votes
  3. Congress chooses when Electors are chosen
  4. Eligibility for Pres
  5. Vice Pres takes over if necessary; Congress Officer takes over if necessary.
  6. Stipend for President
  7. President swears to protect Constitution when entering office
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12
Q

Article II, Section 2 (3 parts)

A
  1. President is commander-in-chief, and can grant reprieves/pardons
  2. Pres can make treaties with 2/3 Senate approval, and may with approval appoint officers of the US. (inc SC judges)
  3. Pres may fill Senate vacancies temporarily
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13
Q

Article II, Section 3

A

Pres. gives Congress updates on State of the Union, may convene both houses if necessary, must ensure laws are executed faithfully, and may commission officers.

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14
Q

Article II, Section 4

A

Pres, VP and Officers may be impeached for treason, bribery, high crimes, misdemeanors

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15
Q

Article III, Section 1

A

Judicial power vested in SC and other courts established by Congress. Judges serve life terms.

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16
Q

Article III, Section 2 (3 parts)

A
  1. Lists powers of US courts (US laws, treaties, foreign relations, controversy between two states or citizens of separate states…)
  2. SC has original jurisdiction for ambassadors, public ministers, consuls and in which one state is a party; otherwise SC is appellate
  3. Crimes tried by jury in state in which crime occurred
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17
Q

Article III, Section 3 (2 parts)

A
  1. Treason = levying war against US, aiding or comforting enemies. Needs 2 witnesses or open court confession
  2. Congress declares treason punishment but only for defendant’s life
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18
Q

Article IV, Section 1

A

Full credit given to proceedings of other states

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19
Q

Article IV, Section 2 (3 parts)

A
  1. All citizens of all states entitled to same immunities/privileges
  2. If a criminal flees to another state, the state harboring him has to give him up
  3. Above, but with regard to people held to service of labor
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20
Q

Article IV, Section 3 (2 parts)

A
  1. New states may form but not within each other or conjoined unless with permission of state legislatures
  2. Congress makes rules for territories
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21
Q

Article IV, Section 4

A

All States guaranteed by US Republican form of government and protection against invasion

22
Q

Article V

A

Admittance of Amendments (2/3 Congress, 3/4 State legislatures)

23
Q

Article VI (3 parts)

A
  1. Confederate debts/engagements still valid under Constitution
  2. Constitution and US laws based on it are supreme
  3. All US and state officers have to swear oath to uphold the Constitution, but no religious test is required
24
Q

Article VII

A

9 States sufficient for ratification

25
Q

Amendment I (1791)

A

No law respecting establishment/exercise of religion, no law abridging freedom of speech/press or right to assemble/lobby.

26
Q

Amendment II (1791)

A

Militia necessary, no infringement of right to keep and bear arms

27
Q

Amendment III (1791)

A

No soldier can quarter in a person’s house without consent

28
Q

Amendment IV (1791)

A

Search and seizure only upon probable cause and narrow definition

29
Q

Amendment V (1791)

A

No accusation of high crime without indictment by Grand Jury, except in cases of war/public danger. No double jeopardy. No self-incrimination. Due process. Just compensation.

30
Q

Amendment VI (1791)

A

Speedy and public trial by impartial jury in district in which crime was committed. Informed of accusations and able to face witnesses. Subpoena. Defense counsel.

31
Q

Amendment VII (1791)

A

Right of proper trial by jury in civil cases over $20.

32
Q

Amendment VIII (1791)

A

No excessive bail or fines; no cruel and unusual punishment.

33
Q

Amendment IX (1791)

A

Rights include more than just what is enumerated in the Constitution.

34
Q

Amendment X (1791)

A

Powers not delegated to US are reserved to States or people.

35
Q

Amendment XI (1798)

A

Fed courts may not hear state cases or cases contained in other nations

36
Q

Amendment XII (1804)

A

Tweaks Electoral College rules for electing President/VP

37
Q

Amendment XIII (1865) (2 sections)

A
  1. No slavery except as criminal punishment

2. Congress can make legislation to ensure this

38
Q

Amendment IX (1868) (5 sections)

A
  1. Equal protection of laws; due process
  2. If voting rights are denied, so is representation, as a penalty
  3. Nobody can serve as an officer who, having taken an oath to support the Constitution, engaged in insurrection/rebellion. Congress may override with 2/3 vote in each house.
  4. Debt incurred by US cannot be questioned. US/states don’t have to pay for debts incurred during rebellion, or lost slaves.
  5. Congress has the power to enforce this article.
39
Q

Amemdment XV (1870) (2 sections)

A
  1. Right to vote cannot be denied by race

2. Congress can enforce.

40
Q

Amendment XVI (1913)

A

Congress can tax income, without census/enumeration

41
Q

Amendment XVII(1913)

A

Tweaks Senator elections (2 from each state, voted by people)

42
Q

Amendment XVIII (1919) (3 sections)

A
  1. Prohibition of manufacture, sale, transport of alcohol
  2. Congress and States may enforce
  3. Needs to be ratified to be in effect
43
Q

Amendment XIX (1920)

A

No voting discrimination based on sex

44
Q

Amendment XX (1933)(6 sections)

A
  1. End of presidential/Sen/Rep terms
  2. Assembly of Congress
  3. If Pres died, VP takes over. If VP can’t, Congress declared Pres.
  4. If the person of Congress’ choosing dies, they may decide what to do next
  5. When article takes effect
  6. Must be ratified
45
Q

Amendment XXI (1933)

A

18th Amendment (prohibition) repealed, but transport and use liquor legally

46
Q

Amendment XXII (1951)

A

Pres. term limits to 2. VP taking over Pres. role for more than 2 years only gets that term.

47
Q

Amendment XXIII (1961)

A

District of seat of government gets electors as if it were a state

48
Q

Amendment XXIV (1964)

A

Voting rights stand even if you fail to pay poll/other tax

49
Q

Amendment XXV (1967) (4 sections)

A
  1. If Pres dies, VP steps up
  2. If VP position vacated, Pres + majority Congress decides
  3. If Pres says he can’t do his job, VP steps up
  4. Further instructions for Pres unable to fulfill duties
50
Q

Amendment XXVI (1971)

A

Nationwide voting age @ 18

51
Q

Amendment XXVII (1992)

A

No change in compensation for Sens/Reps until election of Reps

LAS101 - Intro to Law (34 decks)

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