U.S. Constitution study guide: Difference between revisions

U.S. Constitution study guide (view source)

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 ** 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.
+* 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 (assumes 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 '''{{#tip-text: apportioned|'''apportionment'''
@@ Line 88: / Line 88: @@
 * 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.===
+=== {{#tip-text: Section 3.| creates the Senate as one of two "houses" of Congress (bicameral legislature; other house = House of Representatives)}}===
-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, so that one third may be chosen every second Year; 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.
+The '''{{#tip-text: Senate of the United States|
+'''Senate'''=
+* represents the states
+* Senators elected every six years (one-third of the Senate being up for election every two years)
+** = distribution of power by geography (states) and time (6 year terms per member)
+** = important element in "checks and balances" of the Government
+* the Senate is supposed to be the "deliberative body"
+** which is a check against the passions of democracy which are to be expressed in the House of Representatives
+* the Senate now consists of 100 members
+}}''' shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
-No Person shall be a Senator who shall not have attained to the Age of thirty Years, 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.
+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|
+* one-third of the Senate is elected every two years
+* = distribution of power over time
+* = the election of the Senators shall be spread over six years
+** so that only 1/3rd of the Senate will be up for election every two years.
+** this requirement marks the Senate's representation of time
+*** 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.
-The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
+No Person shall be a Senator who shall not have attained to the '''{{#tip-text:Age of thirty Years|
-The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
+= age eligibility requirement for office for members of the Senate
+* = more than for the House, but less than for the presidency
+** he reason is that the Senate is supposed to represent the states and the nation more virtually
+** its members are supposed to be more "deliberative" and virtuous than members of the House of Representatives
+** that House members must be 25 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 (assumes that the older are the more virtuous)}}''', 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 Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
+The '''{{#tip-text: Vice President of the United States|
+'''Vice President''' =
+* "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 Presidency is an office of the Senate, and not of the Executive branch
+* the process for election of the Vice President was changed by the 12th Amendment (amending Article II, Section 1)}}''' shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall choose their other Officers, and also a President pro tempore, 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|
+'''impeachment''' = removal from office
+* 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
+* in the Constitution, impeachment has two steps:
+# the House has the power to "impeach," or accuse, an officer of the government (president, judges, officials)by by simple majority vote
+# the Senate has the power to "try" (judge in the form of a judicial trial) 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}}'''. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
 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. 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.===
+=== {{#tip-text:Section 4.|protects the powers of states to elect Senators
+* this section was 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 Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
+The Congress '''{{#tip-text: shall assemble at least once in every Year|
+* the President may "call" a "special session" of Congress
+* however, the Constitution requires that Congress meet at least once every year
+** = protection against abuse by a majority or a President who might keep Congress from meeting for some political advantage}}''', and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
-=== Section 5. Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.===
+=== Section 5.=== Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
-Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
+Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the '''{{#tip-text:Concurrence of two thirds|'''super-majority'''
+* = higher than the usual 50+% requirement for decisions in a democratic body
+* super-majorities require a larger consensus (general agreement) and are therefore important constraints against the power of a simple majority
+** likewise, super-majorities empower a minority, generally to be able to block votes or laws that a simple majority would otherwise enact
+* see article here on '''Majority v super-majority vote''' article}} ''', expel a Member.
 Each House shall keep a journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the journal.