U.S. Constitution study guide: Difference between revisions

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* to improve upon the loose union created

* by the Articles of Confederation

=== Section 1. (Establishes the House of Representatives) ===  

* a gathering, usually of a legislative or organizing body

* the term, "a congress," as regards the two-year duration of a "session of Congress"

=== Section 2. (composition of the House & requirements for office) ===

* how the members of the House will be elected

** 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 "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.

* this requirement is lower than for the Senate or the presidency because

** the House is supposed to represent the people more largely

=== Section 3. (establishes the Senate, its composition & requirements for office) ===

* represents the states

* Senators elected every six years (one-third of the Senate being up for election every two years)

}}''' shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

* 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  

*** 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.

= age eligibility requirement for office for members of the Senate

* = more than for the House, but less than for the presidency

)}}''', 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.

* "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

* 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.

* 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

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.

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.

=== Section 5. (independence of each house of Congress) ===

* an important element of the checks and balances, even within the legislature itself}}'''<br>

===Section 6. (protections against persecution and limits on holding office for Members of Congress)===  

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|

=== Section 7. (legislation process & veto) ===

* bills for taxes must originate in the House

* signature of President required

'''{{#tip-text: All Bills for raising Revenue|Bills regarding taxes must "originate" in the House

=== Section 8. (Enumerated powers of the Congress, including General Welfare, Commerce & Necessary & Proper clauses)===

* Section 8 "enumerates" or "expresses" the powers of Congress

* i.e, Section 8 lists out exactly what Congress can do in law

=== Section 9. (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

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

===Section 10. (limits on powers of the states) ===

* 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