US Constitution - Breakdown of Articles and Amendments Flashcards
Article I, Section 1
power vested in Congress, composed of Senate and House of Representatives
Article I, Section 2 (5 parts)
- election of representatives by people
- qualifications of Reps
- apportionment of direct taxes and Reps to States
- filling vacancies of Reps (Writs of Election)
- choosing of own officers and sole power of impeachment
Article I, Section 3 (7 parts)
- election of senators by state legislature, term limits
- division of Senate into classes which determine term limits; filling vacancies
- Qualifications of senators
- Vice Pres is Pres of Senate
- Senate chooses own officers
- power to try all impeachments (including Pres)
- Procedure for impeachment
Article I, Section 4 (2 parts)
- Time Place and Manner of choosing senators/Reps
2. Assembly of Congress
Article I, Section 5 (4 parts)
- Elections, Returns, Qualifications; majority is enough to make a meeting; smaller number may adjourn and compel attendance of others
- Each house determines rules, punishments, expulsions
- Journals maintained for meetings (except secrets) plus yeas or nays if voted on
- No adjournments for more than 3 days
Article I, Section 6 (2 parts)
- Payment of Sens and Reps, no arrest during sessions (except for felonies+), no questions about sessions outside of meetings
- No employment in civil office while working as a Sen/Rep
Article I, Section 7 (3 parts)
- Bills for raising revenue
- veto/objection power of President, which can be overcome by 2/3 in both houses
- Reiteration of above?
Article I, Section 8
18 Powers of Congress
- taxing
- borrowing money
- regulating commerce with foreign nations/among states/with Indians
- Naturalization and bankruptcy rules
- coin and regulate money; weights and measures
- Punishment of counterfeiting
- establish post offices/roads
- Promote progress of science and useful arts
- Constitute tribunals inferior to the SC
- Define/punish piracy/felony by sea and against Law of Nations
- Declare war, retaliate, capture
- Raise/support armies
- Maintain a navy
- Regulate both forces
- Call for militia to execute Law of the Union, suppress insurrection and repel invasion
- Organize, arm, discipline militia (states choose officers and train)
- Exercise exclusive legislation in the seat of the government
- Make laws necessary to carry out the 17 enumerated powers
Article I, Section 9 (8 parts)
- States may take in migrants/imports without interference from Congress, though it may be taxed
- Habeas corpus stands except in cases of public safety
- No bill of attainder/ex post facto
- Taxes according to census
- No taxation on State exports
- No preference of ports; no duties of vessels entering ports elsewhere
- Procedure for withdrawing from treasury
- No nobility titles, no gifts from foreign nobility
Article I, Section 10 (3 parts)
- 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
- States may tax imports/exports if necessary, but policy is subject to change by Congress
- States may not individually keep war supplies or relations unless in imminent danger
Article II, Section 1 (7 parts)
- Executive power in President; four year term
- Chosen by Electors (who may not be Sens/Reps) and vote representative of the state votes
- Congress chooses when Electors are chosen
- Eligibility for Pres
- Vice Pres takes over if necessary; Congress Officer takes over if necessary.
- Stipend for President
- President swears to protect Constitution when entering office
Article II, Section 2 (3 parts)
- President is commander-in-chief, and can grant reprieves/pardons
- Pres can make treaties with 2/3 Senate approval, and may with approval appoint officers of the US. (inc SC judges)
- Pres may fill Senate vacancies temporarily
Article II, Section 3
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.
Article II, Section 4
Pres, VP and Officers may be impeached for treason, bribery, high crimes, misdemeanors
Article III, Section 1
Judicial power vested in SC and other courts established by Congress. Judges serve life terms.
Article III, Section 2 (3 parts)
- Lists powers of US courts (US laws, treaties, foreign relations, controversy between two states or citizens of separate states…)
- SC has original jurisdiction for ambassadors, public ministers, consuls and in which one state is a party; otherwise SC is appellate
- Crimes tried by jury in state in which crime occurred
Article III, Section 3 (2 parts)
- Treason = levying war against US, aiding or comforting enemies. Needs 2 witnesses or open court confession
- Congress declares treason punishment but only for defendant’s life
Article IV, Section 1
Full credit given to proceedings of other states
Article IV, Section 2 (3 parts)
- All citizens of all states entitled to same immunities/privileges
- If a criminal flees to another state, the state harboring him has to give him up
- Above, but with regard to people held to service of labor
Article IV, Section 3 (2 parts)
- New states may form but not within each other or conjoined unless with permission of state legislatures
- Congress makes rules for territories
Article IV, Section 4
All States guaranteed by US Republican form of government and protection against invasion
Article V
Admittance of Amendments (2/3 Congress, 3/4 State legislatures)
Article VI (3 parts)
- Confederate debts/engagements still valid under Constitution
- Constitution and US laws based on it are supreme
- All US and state officers have to swear oath to uphold the Constitution, but no religious test is required
Article VII
9 States sufficient for ratification
Amendment I (1791)
No law respecting establishment/exercise of religion, no law abridging freedom of speech/press or right to assemble/lobby.
Amendment II (1791)
Militia necessary, no infringement of right to keep and bear arms
Amendment III (1791)
No soldier can quarter in a person’s house without consent
Amendment IV (1791)
Search and seizure only upon probable cause and narrow definition
Amendment V (1791)
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.
Amendment VI (1791)
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.
Amendment VII (1791)
Right of proper trial by jury in civil cases over $20.
Amendment VIII (1791)
No excessive bail or fines; no cruel and unusual punishment.
Amendment IX (1791)
Rights include more than just what is enumerated in the Constitution.
Amendment X (1791)
Powers not delegated to US are reserved to States or people.
Amendment XI (1798)
Fed courts may not hear state cases or cases contained in other nations
Amendment XII (1804)
Tweaks Electoral College rules for electing President/VP
Amendment XIII (1865) (2 sections)
- No slavery except as criminal punishment
2. Congress can make legislation to ensure this
Amendment IX (1868) (5 sections)
- Equal protection of laws; due process
- If voting rights are denied, so is representation, as a penalty
- 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.
- Debt incurred by US cannot be questioned. US/states don’t have to pay for debts incurred during rebellion, or lost slaves.
- Congress has the power to enforce this article.
Amemdment XV (1870) (2 sections)
- Right to vote cannot be denied by race
2. Congress can enforce.
Amendment XVI (1913)
Congress can tax income, without census/enumeration
Amendment XVII(1913)
Tweaks Senator elections (2 from each state, voted by people)
Amendment XVIII (1919) (3 sections)
- Prohibition of manufacture, sale, transport of alcohol
- Congress and States may enforce
- Needs to be ratified to be in effect
Amendment XIX (1920)
No voting discrimination based on sex
Amendment XX (1933)(6 sections)
- End of presidential/Sen/Rep terms
- Assembly of Congress
- If Pres died, VP takes over. If VP can’t, Congress declared Pres.
- If the person of Congress’ choosing dies, they may decide what to do next
- When article takes effect
- Must be ratified
Amendment XXI (1933)
18th Amendment (prohibition) repealed, but transport and use liquor legally
Amendment XXII (1951)
Pres. term limits to 2. VP taking over Pres. role for more than 2 years only gets that term.
Amendment XXIII (1961)
District of seat of government gets electors as if it were a state
Amendment XXIV (1964)
Voting rights stand even if you fail to pay poll/other tax
Amendment XXV (1967) (4 sections)
- If Pres dies, VP steps up
- If VP position vacated, Pres + majority Congress decides
- If Pres says he can’t do his job, VP steps up
- Further instructions for Pres unable to fulfill duties
Amendment XXVI (1971)
Nationwide voting age @ 18
Amendment XXVII (1992)
No change in compensation for Sens/Reps until election of Reps