A Guide to the United States Constitution

Introduction to the U.S. Constitution

• Written in Philadelphia

• Original intent was to revise Articles

• James Madison was “Father” of Constitution

• 39 men signed it in 1787

The Preamble—The Introduction to the Constitution

Two main Questions found in the Preamble:

1. Why they are writing it?

(to form a more perfect union)

2. What are the goals to be reached?

(establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, & secure the blessings of liberty)

Constitution

How the Constitution is divided:

1. Articles—the major divisions

2. Sections---divisions of an article

3. Clauses---divisions of a section

Article I---Legislative Branch

Section One—What is a Congress?Bicameral Legislature---2 houses Senate & House of Representatives

Section Two---House of RepresentativesClause One

• A Representative serves a two year term

Clause Two---What are the Qualifications for a member of the U.S. House of Representatives?

•25 years old

•7 year citizen of the United States

•Resident of the state one is elected in

Clause Three--Who determines the amount of Representatives each state will receive? Congress

Why does California have more members in the House of Representatives than Ohio?

Great Compromise

What if half of California’s population moved to Ohio?

Reapportionment---Creating new districts every ten years to adjust for population changes

Reapportionment---How it Works

1. Take a census every ten years

2. Congress totals the number of Reps. each state will get (that total must equal 435)

3. Congress will notify the state legislatures of any changes

4. State legislatures will determine new district boundaries

5. New districts will allow for new elections for the House of Reps

Clause Three (continued)

Gerrymandering--Redrawing district lines to favor a political party

One man – one vote (each district has to have about the same number of people)

Seven states with one U.S. Representative: (North Dakota, Montana, Wyoming, Vermont, Alaska, Delaware, South Dakota)

Clause Four-- What happens if a Representative dies in office?

Usually a governor will issue an election to fill the vacancy

Clause Five---Where does the impeachment process start?• House of Reps. starts impeachment process

• Andrew Johnson---First U.S. President to be impeached, but fell one vote shy of the Senate’s conviction

• Richard Nixon---Resigned before official impeachment could take place

• Bill Clinton---Impeachment articles were passed by the U.S. House of Reps, but the Senate found him NOT guilty of those articles

House Officers - 112th Congress Speaker of the House (John Boehner) - Controls the discussion of the floor

Majority Leader (Eric Cantor) - Helps the speaker & leads his party

Majority Whip (Kevin McCarthy) - Helps majority leader

Minority Leader (Nancy Pelosi) - Serves as a watchdog over the majority party

Minority Whip (Steny Hoyer)—Helps minority leader

Section Three---The Senate

Clause One - How is a Senator different from a member of the House of Representatives?

• Senators term is 6 years

• 1 voter per Senator

• 2 Senators per state (all states get the same amount)

• Originally Senators were chosen by state legislatures

• Today chosen by direct election (17th Amendment)

Clause Two--Is it possible for both Senators from one state to be up for re-election at the same time? (No)

All of the members from the first Senate did not get a 6 year term.

The founding fathers wanted the Senate to have experienced members so they created a staggered election.

• First class = 2 year term

• Second class = 4 year term

• Third class = 6 year term

• Never will the Senators term from one state be up for re-election at the same time

Clause Three - What are the qualifications for a Senator?

• 30 years old

• 9 year citizen of the United States

• Be a resident of the state you are elected from

Clause Four—

• The Vice-President (Joe Biden) of the U.S. is the President of the Senate (very little power and seldom is seen on the Senate Floor )

• President of the Senate (Joe Biden) only votes if there is a tie

Clause Five -Officers of the Senate - 112th Congress

President of the Pro Tempore (Daniel Inouye) - presides temporarily when vice-president is not available (very little power)

Majority Leader (Harry Reid) - controls the agenda of the majority party

Majority Whip (Richard Durbin) - helps the majority leader

Minority Leader (Mitch McConnell) - A watchdog function over the majority party

Minority Whip (Jon Kyl) - helps the minority leader

Trial of Impeachments - Does the Senate actually serve as the Jury in impeachment proceedings? (Yes)

• Senate tries impeachments (acts as a jury)

• House of Reps. introduces the Articles of Impeachment

• House needs a majority (218) vote to bring up charges

• Senate needs 2/3s majority (67) to convict

Clause Seven—What happens if someone is impeached?

• A guilty conviction on the Articles of Impeachment is removal from office

• A U.S. President cannot be pardoned if found guilty by 2/3s of the Senate (part of the checks & balance system)

Section Four - When Does Congress Meet in Washington, D.C?

Clause one - When are the national elections held?

At one time federal elections were not uniform. Some states held them on different days and months.

National Election Day was set by Congress (1st Tuesday after the first Monday of November)

Clause Two - So When does Congress Meet?

• Must meet one time a year (Why?)

• 1933—20th Amendment established January 3rd as the meeting date (a two year working period)

Section Five—Rules of Procedures

Clause One - Can an elected official be removed from office? (Yes)

• Each House determines the qualifications of their members

• Brigham Roberts—1901, polygamist from Utah, The Senate refused to seat him

• Victor Berger—1919, Socialist from Wisconsin, The House refused to seat him

• Adam Powell—1967, African-American who allegedly misappropriated federal funds. The House refused to seat him

• Powell v McCormack(1969) - SC allowed Powell his seat in the House of Representatives

Clause Two—Does the House and the Senate following the same proceedings and rules? (No)

• House of Reps and the Senate have different rules

• Filibuster—Delaying a bill through the use of discussion

• Senate has Filibusters, House is more stringent on how they control debate so they do not

• Strom Thurmond—longest filibuster, 24 hours 18 minutes

• Cloture rule—rule in the Senate that will end a filibuster if 60 Senators agree to vote for the closing of debate

• Censure—punishing a member of Congress, take away some of their power or seniority

Clause Three - Can I get information about how a member of Congress voted? (Yes)

• Congressional Journal—Published at the end of the session, contains the bare facts about the session

• Congressional Record—Published daily, includes word for word what people had to say

• Sunshine Law—All meetings must be open to the public and all records about the session are open to the public as well

Clause Four - Can the House and the Senate adjourn at different times?

• Adjourn—to stop meeting

• Consent—Need consent of the other house if you are going to adjourn for more than three days (law making process would stop if only one house adjourns, usually joint adjournment)

Section Six—Privileges and Restrictions

Clause One - What is the salary and benefits for a member of Congress?

• Compensation—members of Congress will be paid

• Congressional immunity-can’t be arrested for minor crimes when traveling to or from Congress (breach of peace, treason, felony, are not exempt from this immunity)

• Slander—saying something that is not true, they can do this in the House and Senate (done so that speech is not limited or censored)

• Franking—free mail service

Other Privileges

• Salary

• Travel expense account

• Office in D.C. and their state

• Special allowance for stationary, phone calls, faxes

• Pension

• Some tax exemptions

• 15% of salary for speaking engagements

• Unlimited income from book royalties

Clause Two - Can a member of Congress also be a federal judge? (No)

Separation of Powers—can’t hold two offices at once from different branches of government

Section 7Method of Passing Bills

Clause One - Where do tax bills start?

All tax bills start in the House

Clause Two - How does a bill become a law?

Procedures vary slightly in each house and all bills must go through committee work before they get to the floor. Here is a simple overview:

• First method—passes one house by majority vote, passes second house by majority vote, goes to president, president signs it into law

• Second method—passes one house by majority vote, passes second house by majority vote, goes to president, president vetoes, goes back to house it originated in and must pass by 2/3 vote, then goes to next house and must pass by 2/3 vote to become a law

• Third method-- passes one house by majority vote, passes second house by majority vote, goes to president, president delays action for ten days excluding Sundays, becomes law

Pocket Veto - What if Congress adjourns and a bill has not been signed by the President?

Passes one house by majority vote, passes second house by majority vote, goes to president, delays action for ten days excluding Sundays, within that time Congress adjourns, BILL DOES NOT BECOME A LAW (Reagan had 8 pocket vetoes)

Clause Three - Can the Congress express their opinion without creating a formal law? (Yes)

Resolution—a formal expression of opinion or will

Simple resolution—deals with the matters of one house

Concurrent—deals with both houses Joint—deals with both houses and goes to the president for approval

Section EightPowers Delegated to Congress

Clause One - Why can Congress collect taxes?

Congress can collect taxes for three purposes:

• Pay off debts

• Provide defense

• Provide for the common welfare

Clause Two - Can Congress Borrow Money?

• They can borrow money on the credit of the United States (selling bonds is one example)

• Debt—Total amount of money that the government owes ( currently over $16 trillion)

• Deficit—Yearly amount of money that the government owes

Clause Three - Can Congress regulate trade?

• Interstate—Trade between two or more states

• Intrastate—Trade within a state

• Congress can only regulate interstate trade

Clause Four— Naturalization and Bankruptcy

• Natural born citizen—born in the United States

• Naturalized citizen—foreigner becoming a citizen by following rules set by Congress

• Jus soli - “law of land” - if you are born here you are a citizen

• Jus sanguinis - “law of blood”- if one of your parents is an American citizen then you are as well

• A naturalized citizen can never be President of the U.S.

• Bankruptcy—courts declare bankruptcy

5. Clause Five - Can a bank make money? (No)

• Congress will make money

• Congress will set up our weights and measures

• 1831—English system (foot-pound-mile)

• 1866—if states wanted to, they could go on the metric system

• We are the only large country not on the metric system

Clause Six -

• Congress will punish counterfeiters

• Minting edge - lip on penny and nickel

Clause Seven - Mail Service

• Federal government will establish a mail service

Clause Eight

• Congress promotes inventions

• Copyrights—Secures rights of ownership for the life of the owner (publications and literature)

• Patents—Secures the rights of inventors generally for 20 years

Clause Nine

• Congress establishes and abolishes courts

Clause Ten

• Congress can punish for crimes committed on the water

Clause Eleven

• Only Congress can declare war—power to many people as opposed to one

• Marque and Reprisal—allowing pirates (Treaty of Paris outlaws this)

• War Powers Resolution (1973) - Attempted to limit presidential power of war

Clause Twelve

• Congress controls the power of the purse regarding the military

• Can’t allow stock piling of money

Clause Thirteen

• Congress can maintain a navy

Clause Fourteen

• Congress establishes rules for the military

• Court martial - Court proceedings that follow military laws

Clause Fifteen

• Congress governs state militias (National Guard)

• National guard can be deployed for three reasons:

• Execute laws of the union

• Suppress insurrections (riots)

• Repel invasions

Clause Sixteen

• Congress allows the states to appoint National Guard officers and train their own soldiers

Clause Seventeen— Who controls the District of Columbia?

• Washington, in the District of Columbia, is a federal city under the control of Congress

• Since 1973, people of the city elect their own officials

Clause Eighteen—Necessary and Proper Clause

• Congress has the power to establish any rules they deem necessary and proper

• Elastic Clause—expands the powers of Congress

Section Nine—Powers Denied to the Federal Government

Clause One - What about the issues of slavery?

• Congress stopped the importation of slaves in 1808

• Use the word “such persons” as opposed to “slaves”

Clause Two - Can I be thrown in jail for having blue eyes? (No)

• Habeas corpus - “you have the body” - You have the right to test the legality of your detention - judge is not concerned with guilt or innocence

• The writ can be suspended in times of rebellion, invasion, or the public safety requires it (Abraham Lincoln during Civil War)

Clause Three

• Congress cannot pass a bill of attainder (legislative act against a named person) Congress makes a law that says Mike Sims is a thief and will serve 25 years in prison - This is Unconstitutional!!

• Congress cannot pass an ex post facto law (after the fact) Betty Boone sells fireworks on July 4th - On July 10th, Congress passes a law that makes it illegal to sell fireworks and tries to punish Betty for what she did on July 4th

Clause four

• Congress cannot put a direct tax on an individual (16th amendment overrides this)

Clause five

• Congress cannot tax an export

6. Clause Six

Import taxes must be the same at all ports.

7. Clause Seven

• Congress controls the federal budget

Clause Eight - Can I receive a title of Duke or Earl of the U.S.?

• Titles of nobility will not be granted

• Any gifts from foreign countries must approved by Congress

Section TenPowers Denied to the States

1. Clause One - Can Minnesota create an alliance with Canada? (No)

States cannot form treaties or alliances with any other states or countries

States cannot coin money

Clause Two

• States can not tax imports or exports with the consent of Congress

Clause Three

• States can not harbor troops in times of peace

• States can not engage in war

Article II—Executive Branch

Section One—President & Vice President

Clause one— How long is the President in office?

• Four year terms

• 1951—22 Amendment changed it to a maximum of 2 terms or ten years

• FDR served the most years in office (12)

• Grover Cleveland served 2 nonconsecutive terms (22nd & 24th President of the United States)

Clause Two - How is the U.S. President elected?

•Electors—Presidential voters

•Electoral college—system used to elect the President, founders didn’t want a pure form of democracy, wanted a representative democracy

•538=total number of Presidential electors, must have 270 to become president

•Purpose of the electoral college---give each state somewhat equal representation

Clause Three—former method of electoral college (changed by 12th Amendment)

• Thomas Jefferson and Aaron Burr each had the same number of electoral votes (73)

• Tie would go to the House of Representatives and each state gets one vote, still have to get a majority

Election of 1860 Popular Votes Electoral

Lincoln 1, 866,352 180

Douglas 1,375,157 12

Breckenridge 847,953 72

Bell 589,581 39

Close Elections in History

Popular Votes Electoral Votes

Hayes (1876) 4,033,950 185

Tilden (1876) 4, 284,855 184

Bush (2000) 50,456, 169 271

Gore (2000) 50, 996, 116 266

Clause 4 - When does the Electoral College vote?

• Official ballot for President is cast by the Electoral College

• Electoral College—cast votes on the first Monday after the second Wednesday in December

Clause Five— What are the qualifications for U.S. President?

• 35 years old, 14 year resident, natural born citizen

• 1st seven presidents were not natural born

• 1st natural born was Martin Van Buren

• Youngest—Teddy Roosevelt=42

• Youngest elected—John Kennedy=43

• Oldest—Ronald Reagan=69

Clause Six - Changed by the 25th Amendment

• The amendment provides for involuntary removal of the President from his power.

Clause Seven - Can the Congress decrease the President’s salary midway through the term? (No)

• Can not increase or decrease during the term

• Can not receive any other salary from the federal government during the term

• Pays taxes on the income

• 2001 - Salary doubled to $400,000/ year

8. Clause Eight - The Presidential Oath

• Any judge can swear a president into office, most common is the Chief Justice of the Supreme Court

• Calvin Coolidge—Sworn in by his father - a Justice of the Peace

• LBJ—sworn in on Air Force One by a Dallas judge

• “So help me God.”---Washington added this to Oath

Section TwoPowers of the President

Clause One— What are the Military Powers?

• President is the head of the military - Commander in Chief

• President can grant pardons to criminals who have committed federal crimes

Clause Two—Treaties and Appointments

• President needs approval by the U.S. Senate to create certain and specific treaties and appointments

Clause Three - What if an ambassador dies when the Senate is in recess?

• The President can fill position by temporarily

Section Three What are the Duties of the President?

State of the Union Address - The President explains the condition of the country - usually in January• President can convene and adjourn Congress in the event of a special circumstance• Main job is to see that the laws are faithfully executed

Section Four--Impeachment

• President, Vice President, and all civil officers can be impeached

• Can only be impeached for three things: treason, bribery, or other high crimes and misdemeanors.

• Judges are civil officers that are the most often convicted of impeachment

• Members of the Congress are expelled by their own house, they do not go through the formal impeachment process

Article III—Judicial BranchSection One—Federal Courts

Clause One - Who interprets the law?

• Judicial branch interprets the law (Courts)

• Legislative makes the law (Congress)

• Executive enforces the law (President)

• Judicial powers—the power to hear cases

• Federal Judges are appointed by the President and approved by the Senate

Section Two—Jurisdiction of the Federal Courts

Clause One—Jurisdiction

• Jurisdiction—power and right to apply law

• Plaintiff—one who brings charges

• Defendant—one being charged

• Criminal case—when government is plaintiff (California vs. O.J. Simpson)

• Civil case—between two or more people (O. J. Simpson vs. Goldman family)

Clause Two - How does a case reach the Supreme Court?

• SC has two kinds of jurisdiction:

a. Original—a case is first heard by the SC

b. Appellate—cases that are appealed by a lower court (Most cases come to the SC through

appellate jurisdiction)

• Thousands of cases are brought to the SC each year

• About 75 are heard each year

• Writ of Certiorari—an order from a higher court to a lower court to see the records and proceedings of a previous case

Clause Three—Conduct of Trials

• Guarantees a trial by jury in federal courts

• Extradition—returning a fugitive to the state in which the crime was committed

Section Three--TreasonClause One - What is treason?

Only crime defined in the Constitution (helping a nation’s enemies or carrying out war against your country)

2 ways of being convicted:

1. Confession in court room

2. Having two witnesses testify against you

Clause Two - What is the penalty for treason?

• Treason can only happen during time of war

• Maximum penalty is death

• Espionage, Sabotage, conspiracy to overthrow the government are all similar to treason but happen during times of peace

Article IV—Relations Among the States

Section One—Official Acts

Clause One - I live in Minnesota do I have to follow the rules of North Dakota? (Yes - full faith and credit)

• Each state shall respect legal action of another state (marriage licenses, speed limits, fines, drivers license)

Section Two—Privileges of Citizens

Clause One - Can I buy a lake home in Minnesota if I live in Illinois? (Yes)

• State cannot discriminate against you because you are a citizen of another state

2. Clause Two—Extradition

• Bringing back a fugitive (interstate rendition)

• “shall”—tradition, custom, and the courts have interpreted this to mean “may”

• Governors can refuse to return a fugitive

Clause Three—Fugitive slaves (nonexistent) - Changed by amendment after the Civil War.

• “persons” refer to slaves

• If a slave escapes from a slave state to a free state, the slave is not free

Section Three—New States

Clause One - How does a state become admitted to the Union?

• Only Congress can admit states

Clause Two -

• Congress will make all laws for all U.S. territories

Section Four - Guarantees of the State

• The federal government guarantees each state a republic

•Republic—Representative democracy where we elect officials to represent our concerns

•The government will protect us from invasions

Article V Methods of Amendments

1st Method - need 2/3 of Congress to PROPOSE an Amendment

2nd Method - need 2/3 of the state legislatures to ask Congress for a national convention to propose an Amendment (this method has never been used) Need 3/4 of all states to actually ratify or APPROVE an Amendment. This is done by state legislatures or a special ratifying convention. Over 4000 proposed Amendments since the early 1800s Only 27 have been ratified 1st Ten Amendments were a package deal, 18 and 21 cancel each other out, leaves 15 separate Amendments that went through the process

Article VI—General Provisions

Section One - Could the new government evade debts owed as a result of the Revolutionary War?

• New government can’t evade old debts

Section Two - Is the federal law the supreme law of the land?

Yes - State law cannot override a federal law

Section Three—all officers, state and federal, must take an oath to support the U.S. Constitution

• Can’t have a religious requirement has part of the Oath

Article Seven--Ratification

Section One—• Convention—calling of delegates from each state to ratify the Constitution

• Must have nine states to approve the Constitution

CLOSUREConstitution was finished September 17, 1787

55 total delegates during the convention

42 were present on the final day but only

39 people signed the Constitution

The following two years provided debate for ratification

The United States Constitution took effect April 30 , 1789 when George Washington was sworn in as President