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US Constitution study guide: Difference between revisions
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* notes: | * notes: | ||
** [bracketed] sections have been | ** <span style="background-color:#f2f2f2">[bracketed]</span> sections have been changed by subsequent Constitutional amendment | ||
*** i.e., original text was changed by later amendments | *** i.e., original text was changed by later amendments | ||
** (parenthetical titles) are not in the original text | ** (parenthetical titles or notes) are not in the original text | ||
** hover over '''{{#tip-text: underlined/ bolded words| | ** hover over '''{{#tip-text: underlined/ bolded words| | ||
explanations and definitions will show in this hover box | explanations and definitions will show in this hover box | ||
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}}''' as adopted by the Constitutional Convention of 1787 | }}''' as adopted by the Constitutional Convention of 1787 | ||
== | =={{#tip-text: Preamble|the opening paragraph of the Constitution which states its general purposes and source of power as the people}}== | ||
{{#tip-text: We the People of the United States| | |||
* = declaration of self-government | * = declaration of self-government | ||
* the statement is important for the assertion that the ultimate authority of the nation belongs to the people and not the states or the new government itself}}''', '''{{#tip-text: in Order to form a more perfect Union| | * the statement is important for the assertion that the ultimate authority of the nation belongs to the people and not the states or the new government itself}}''', '''{{#tip-text: in Order to form a more perfect Union| | ||
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** which is listed in Article I, Section 8}}''' and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. | ** which is listed in Article I, Section 8}}''' and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. | ||
== {{#tip-text: Article 1.| | == {{#tip-text: Article 1.|establishes the structures, duties, and powers of the legislative branch, i.e. the Congress}}== | ||
===Section 1.=== | ==={{#tip-text: Section 1.|creates the House of Representatives as one of two "houses" of Congress (bicameral legislature; other house = Senate)}}=== | ||
All legislative Powers herein granted shall be vested in a '''{{#tip-text: Congress| | All '''{{#tip-text: legislative Powers| law-making, from the Latin, "legis," for "law"}}''' herein granted shall be vested in a '''{{#tip-text: Congress| | ||
'''congress''' = | '''congress''' = | ||
* a gathering, usually of a legislative | * a gathering, usually of a legislative or organizing body | ||
* the term, "a congress," as regards the two-year duration of a "session of Congress" | * the term, "a congress," as regards the two-year duration of a "session of Congress" | ||
** which is marked by the two-year terms (elective office) of Members of the House of Representatives | ** which is marked by the two-year terms (elective office) of Members of the House of Representatives | ||
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}}=== | }}=== | ||
The '''{{#tip-text: House of Representatives| | The '''{{#tip-text: House of Representatives| | ||
* members of the House shall be elected very two years | * members of the House shall be elected very two years | ||
* = representatives of the people divided by population not by state | * = representatives of the people divided by population not by state | ||
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** the House is supposed to be the "People's House" | ** the House is supposed to be the "People's House" | ||
*** i.e., it is to represent directly the will of the people | *** i.e., it is to represent directly the will of the people | ||
* the Constitution sets a minimum of 30,000 people per Representative | |||
** the "Apportionment Act of 1911" set the maximum number of Representatives at 435}}''' shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the '''{{#tip-text:Qualifications requisite|i.e., to represent a state in the House the representative must also be eligible to represent the representative body in that state}}''' for Electors of the most numerous Branch of the State Legislature. | |||
** the "Apportionment Act of 1911" set the number of Representatives at 435 | |||
}}''' shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. | |||
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. | No Person shall be a Representative who shall not have attained to the '''{{#tip-text: Age of twenty five Years|= eligibility requirement for office for members of the House of Representatives. | ||
* this requirement is lower than for the Senate or the presidency because | |||
** the House is supposed to represent the people more largely | |||
** and its members are supposed to be more "democratic" | |||
* that Senators were supposed to be 30 and the president 35 was a result of the concept of "checks and balances" and of the "republican principle" which held that the people should be government by virtuous rulers (assuming that the older are the more virtuous)}}''', and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. | |||
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. | Representatives and direct Taxes shall be '''{{#tip-text: apportioned|'''apportionment''' | ||
* = dividing up, or allotting (distributing) | |||
* = counting the population for representation in the House of Representatives or for dividing up the population for taxes}}''' among the several States which may be included within this Union, according to their respective Numbers, <span style="background-color:#f2f2f2">[which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, '''{{#tip-text:three fifths of all other Persons|'''"3/5ths Clause"''' | |||
* = "apportionment" of the slave population as every 1 slave = 3/4ths of 1 population count for purposes of calculating representation in the House | |||
* = a compromise was reached during the Constitutional Convention to settle the problem of representation for slaves who were not considered citizens | |||
** Southern states wanted slaves to count in apportionment, as it would increase their population counts and, thus, their number of representatives | |||
** Northern states wanted that the slaves not be counted for apportionment in order to reduce the number of representatives from slave states | |||
* the compromise was an inverted copy of the compromise reached during the Revolutionary War regarding the apportionment (division) of the expenses of the Revolution by which the South demanded that the slaves not be counted, while the North argued that slaves should be counted -- the opposite of their arguments over apportionment for representation in the House during the Constitutional Convention.}}'''.]</span> The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. | |||
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. | When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. | ||
The House of Representatives shall choose their speaker and other Officers; and shall have the sole Power of Impeachment. | The House of Representatives shall choose their speaker and other Officers; and shall have the sole '''{{#tip-text: Power of Impeachment| | ||
'''impeachment''' | |||
* = removal from office | |||
* in the Constitution, impeachment has two steps: | |||
# the House has the power to "impeach," or accuse, an officer of the government (president, judges, officials); impeachments are started by simple majority vote. | |||
# the Senate has the power to try the impeachment to determine guilt or innocence; a guilty verdict requires 2/3rds the Senate. | |||
* the extent of impeachment is limited to removal from office and no other civil or criminal punishment}}'''. | |||
=== Section 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.=== | === Section 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.=== | ||