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US Constitution study guide: Difference between revisions
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== WE THE PEOPLE (the "Preamble" states general purpose of the Constitution)== | == WE THE PEOPLE (the "Preamble" states general purpose of the Constitution)== | ||
'''{{#tip-text: | |||
* | '''{{#tip-text: The Preamble overview| The Preamble: | ||
* and proclaims that its authority is derived from the people}}''' | * the Constitution's 1st paragraph is known as the "Preamble" | ||
* it states the Constitution's general purposes | |||
* and proclaims that its authority is derived from the people}}''' | |||
'''{{#tip-text: in Order to form a more perfect Union|"A more perfect Union" = | WE THE PEOPLE '''{{#tip-text: in Order to form a more perfect Union|"A more perfect Union" = | ||
* to improve upon the loose union created | * to improve upon the loose union created | ||
* by the Articles of Confederation | * by the Articles of Confederation | ||
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=== Section 1. (Establishes the House of Representatives) === | === Section 1. (Establishes the House of Representatives) === | ||
'''{{#tip-text: Section 1.| Establishes the House of Representatives as one of two "houses" of Congress (bicameral legislature; other house = Senate)}}'''<br> | |||
All '''{{#tip-text: legislative Powers| law-making, from the Latin, "legis," for "law"}}''' herein granted shall be vested in a '''{{#tip-text: Congress| | '''{{#tip-text: Section 1 overview.| Establishes the House of Representatives as one of two "houses" of Congress (bicameral legislature; other house = Senate)}}'''<br> | ||
All '''{{#tip-text: legislative Powers| law-making, from the Latin, "legis," for "law"}}''' herein granted shall be vested in a '''{{#tip-text: Congress|a "congress" = | |||
* a gathering, usually of a legislative or organizing body | * 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" | ||
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=== Section 2. (composition of the House & requirements for office) === | === Section 2. (composition of the House & requirements for office) === | ||
''' {{#tip-text: Section 2. | | |||
''' {{#tip-text: Section 2 overview. |Section 2. defines the composition of and requirements for election to the House of Representatives, including: | |||
* how the members of the House will be elected | * how the members of the House will be elected | ||
* how | * how representation will be calculated from the population ("apportionment") via a census | ||
** since no census had been conducted, Section 2. sets the number of representatives per each of the original states}}'''<br> | ** since no census had been conducted, Section 2. sets the number of representatives per each of the original states}}'''<br> | ||
The '''{{#tip-text: House of Representatives|By "representatives" the Constitution establishes the "lower house" as direct representative of the people | The '''{{#tip-text: House of Representatives|By "representatives" the Constitution establishes the "lower house" as direct representative of the people | ||
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* 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 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. | ||
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 | No Person shall be a Representative who shall not have attained to the '''{{#tip-text: Age of twenty five Years|Twenty-five | ||
= eligibility requirement for office for members of the House of Representatives | |||
* this requirement is lower than for the Senate or the presidency because | * this requirement is lower than for the Senate or the presidency because | ||
** the House is supposed to represent the people more largely | ** the House is supposed to represent the people more largely | ||
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=== Section 3. (establishes the Senate, its composition & requirements for office) === | === Section 3. (establishes the Senate, its composition & requirements for office) === | ||
'''{{#tip-text: Section 3.| creates the Senate as one of two "houses" of Congress | |||
The '''{{#tip-text: Senate of the United States| | '''{{#tip-text: Section 3 overview.| Establishes the Senate: | ||
* creates the Senate as one of two "houses" of Congress | |||
* therefore creates a "bicameral" or two-house legislature with other house = House of Representatives)}}''' | |||
The '''{{#tip-text: Senate of the United States|The Senate= | |||
* represents the states | * represents the states | ||
* Senators elected every six years (one-third of the Senate being up for election every two years) | * Senators elected every six years (one-third of the Senate being up for election every two years) | ||
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}}''' shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. | }}''' shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. | ||
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, '''{{#tip-text: so that one third may be chosen every second Year| | Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, '''{{#tip-text: so that one third may be chosen every second Year|Rotating elections of Senators: | ||
* one-third of the Senate is elected every two years | * one-third of the Senate is elected every two years | ||
* so it takes three election cycles (six years) for every Senator to face election or re-election | |||
* = distribution of power over time | * = distribution of power over time | ||
* = the election of the Senators shall be spread over six years | * = the election of the Senators shall be spread over six years | ||
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*** it takes longer for the Senate to change hands than for the House}}'''; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. | *** it takes longer for the Senate to change hands than for the House}}'''; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. | ||
No Person shall be a Senator who shall not have attained to the '''{{#tip-text:Age of thirty Years| | No Person shall be a Senator who shall not have attained to the '''{{#tip-text:Age of thirty Years|Thirty years old: | ||
= age eligibility requirement for office for members of the Senate | = age eligibility requirement for office for members of the Senate | ||
* = more than for the House, but less than for the presidency | * = more than for the House, but less than for the presidency | ||
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)}}''', and been nine Years a citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. | )}}''', and been nine Years a citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. | ||
The '''{{#tip-text: Vice President of the United States| | The '''{{#tip-text: Vice President of the United States|Vice President = | ||
* "president" (leader) of the Senate | * "president" (leader) of the Senate | ||
* the Vice President has no official duty other than the preside over the Senate and to cast a vote in case of a tie in the Senate | * the Vice President has no official duty other than the preside over the Senate and to cast a vote in case of a tie in the Senate | ||
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* in practice (not constitutionally defined) the office operates as official representative of the Senate}}''', in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. | * in practice (not constitutionally defined) the office operates as official representative of the Senate}}''', in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. | ||
The Senate shall have the sole Power to '''{{#tip-text:try all Impeachments| | The Senate shall have the sole Power to '''{{#tip-text:try all Impeachments|Impeachment: | ||
* = removal from office | |||
* articles of impeachment (charges) are brought against an office holder by the House | * articles of impeachment (charges) are brought against an office holder by the House | ||
* conviction requires a supermajority of 2/3rds the members of the Senate | * conviction requires a supermajority of 2/3rds the members of the Senate | ||
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Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to law. | Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to law. | ||
===Section 4. ( | ===Section 4. (election of Senators & timing of sessions of Congress)=== | ||
'''{{#tip-text:Section 4. overview|Senate elections: | |||
* protects the powers of state legislatures to elect Senators | |||
* and to decide when and how to hold those elections | |||
* note that the power is given to the state legislatures directly and not to the governors or to the states in general | |||
* this section was partially amended by the Seventeenth Amendment}}''' | |||
The Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators. | The Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators. | ||
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=== Section 5. (independence of each house of Congress) === | === Section 5. (independence of each house of Congress) === | ||
'''{{#tip-text: Section 5.| | '''{{#tip-text: Section 5. overview|Checks & Balances within the Congress: | ||
affirms independence of each house in protection of interference upon one another | * =affirms independence of each house in protection of interference upon one another | ||
* an important element of the checks and balances, even within the legislature itself}}'''<br> | * an important element of the checks and balances, even within the legislature itself}}'''<br> | ||
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===Section 6. (protections against persecution and limits on holding office for Members of Congress)=== | ===Section 6. (protections against persecution and limits on holding office for Members of Congress)=== | ||
'''{{#tip-text: Section 6.| Protects members of Congress from political persecution and prohibits them from holding other offices}}''' | '''{{#tip-text: Section 6. overview| Protects members of Congress from political persecution and prohibits them from holding other offices}}''' | ||
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, '''{{#tip-text: be privileged from Arrest| | The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, '''{{#tip-text: be privileged from Arrest| | ||
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=== Section 7. (legislation process & veto) === | === Section 7. (legislation process & veto) === | ||
'''{{#tip-text: Section 7. |Section 7 sets rules and processes for legislation to become law, including: | '''{{#tip-text: Section 7. overview|Section 7 sets rules and processes for legislation to become law, including: | ||
* bills for taxes must originate in the House | * bills for taxes must originate in the House | ||
* signature of President required | * signature of President required | ||
* veto rules & process}}''' | * veto rules & process}}''' | ||
'''{{#tip-text: All Bills for raising Revenue|Bills regarding taxes must "originate" in the House | '''{{#tip-text: All Bills for raising Revenue|Bills regarding taxes must "originate" in the House | ||
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=== Section 8. (Enumerated powers of the Congress, including General Welfare, Commerce & Necessary & Proper clauses)=== | === Section 8. (Enumerated powers of the Congress, including General Welfare, Commerce & Necessary & Proper clauses)=== | ||
'''{{#tip-text: Section 8.|Section 8 is among the most contested and judicially reviewed sections of the Constitution: | '''{{#tip-text: Section 8. overview|Section 8 sets the powers of Congress: | ||
* = is among the most contested and judicially reviewed sections of the Constitution: | |||
* Section 8 "enumerates" or "expresses" the powers of Congress | * Section 8 "enumerates" or "expresses" the powers of Congress | ||
* i.e, Section 8 lists out exactly what Congress can do in law | * i.e, Section 8 lists out exactly what Congress can do in law | ||
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=== Section 9. (Enumerated limits on the powers of Congress)=== | === Section 9. (Enumerated limits on the powers of Congress)=== | ||
'''{{#tip-text: Section 9.|Enumerated limits on the powers of Congress | '''{{#tip-text: Section 9. overview|Enumerated limits on the powers of Congress | ||
* here the Constitution puts restrictions on certain actions or laws issued by Congress and upon the federal government, generally | * here the Constitution puts restrictions on certain actions or laws issued by Congress and upon the federal government, generally | ||
* many of these restrictions represent limits on abuses of powers experienced by the colonies under British rule}}''' | * many of these restrictions represent limits on abuses of powers experienced by the colonies under British rule}}''' | ||
The '''{{#tip-text:Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight|Congress may not ban importation of slaves or indentured servants before 1808 | The '''{{#tip-text:Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight|Congress may not ban importation of slaves or indentured servants before 1808 | ||
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===Section 10. (limits on powers of the states) === | ===Section 10. (limits on powers of the states) === | ||
'''{{#tip-text: Section 10.| Section 10 imposes restrictions upon certain powers of the states | '''{{#tip-text: Section 10. overview| Section 10 imposes restrictions upon certain powers of the states: | ||
* some of the restricted powers listed that would normally be considered those of a national government | * some of the restricted powers listed that would normally be considered those of a national government | ||
* others represent limits on abuses of power, especially as experienced by the colonies under British rule | * others represent limits on abuses of power, especially as experienced by the colonies under British rule | ||