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US Constitution study guide: Difference between revisions
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** however, Article I, Section 8 states it as an enumerated power of Congress}}''' and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. | ** however, Article I, Section 8 states it as an enumerated power of Congress}}''' and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. | ||
== | == Article 1. (establishes the structures, duties, powers and limits of the legislative branch, i.e. the Congress)== | ||
==={{#tip-text: Section 1. | === 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><br> | |||
All '''{{#tip-text: legislative Powers| law-making, from the Latin, "legis," for "law"}}''' 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''' = | ||
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** the 2021-2023 Congress is the 117th}}''' of the United States, which shall consist of a Senate and House of Representatives. | ** the 2021-2023 Congress is the 117th}}''' of the United States, which shall consist of a Senate and House of Representatives. | ||
=== | === Section 2. (composition of the House & requirements for office) === | ||
''' {{#tip-text: 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 their representation will be calculated ("apportionment") via a census | * how their representation will be calculated ("apportionment") via a census | ||
** since no census had been conducted, Section 2. sets the number of representatives per each of the original states}} | ** since no census had been conducted, Section 2. sets the number of representatives per each of the original states}}'''<br><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 | ||
* here is a fundamental application of the concept of "republicanism," as outlined in the Federalist Papers | * here is a fundamental application of the concept of "republicanism," as outlined in the Federalist Papers | ||
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* the extent of impeachment is limited to removal from office and no other civil or criminal punishment}}'''. | * the extent of impeachment is limited to removal from office and no other civil or criminal punishment}}'''. | ||
=== | === Section 3. (establishes the Senate, its composition & requirements for office) === | ||
'''{{#tip-text: Section 3.| creates the Senate as one of two "houses" of Congress (bicameral legislature; other house = House of Representatives)}}''' <br><br> | |||
The '''{{#tip-text: Senate of the United States| | The '''{{#tip-text: Senate of the United States| | ||
'''Senate'''= | '''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. (rules governing timing of sessions of Congress)=== | ||
'''{{#tip-text:Section 4.| | |||
* protects the powers of states to elect Senators | * protects the powers of states to elect Senators | ||
* this section was amended by the Seventeenth Amendment}} | * this section was amended by the Seventeenth Amendment}}'''<br><br> | ||
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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** = 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 '''{{#tip-text: first Monday in December, unless they shall by Law appoint a different Day|The 20th amendment set the beginning date of each Congress at the 3rd day of January (unless set differently by law), changing the dates set the original constitution and by the 12th amendment.}}'''. | ** = 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 '''{{#tip-text: first Monday in December, unless they shall by Law appoint a different Day|The 20th amendment set the beginning date of each Congress at the 3rd day of January (unless set differently by law), changing the dates set the original constitution and by the 12th amendment.}}'''. | ||
=== | === Section 5. (independence of each house of Congress) === | ||
'''{{#tip-text: Section 5.| | |||
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}} | * an important element of the checks and balances, even within the legislature itself}}'''<br><br> | ||
Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members, and a Majority of each shall constitute a | Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members, and a Majority of each shall constitute a | ||
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** again, it is an important protection derived from the American colonial and British Civil War experiences}}''' for more than three days, nor to any other Place than that in which the two Houses shall be sitting. | ** again, it is an important protection derived from the American colonial and British Civil War experiences}}''' for more than three days, nor to any other Place than that in which the two Houses shall be sitting. | ||
=== | ===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}}'''<br><br> | |||
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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No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. | No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. | ||
=== {{#tip-text: Section 7. (legislation process & veto)| | === Section 7. (legislation process & veto) | ||
'''{{#tip-text: Section 7. (legislation process & veto)| | |||
Section 7 sets rules and processes for legislation to become law, including: | 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}}'''<br><br> | ||
'''{{#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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* note that each house of Congress can conduct business regarding its own operations without the concurrence of the other house or of the President}}''' to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. | * note that each house of Congress can conduct business regarding its own operations without the concurrence of the other house or of the President}}''' to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. | ||
=== | === 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: | |||
* 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 | ||
* nominally (meaning stated but not in reality), Congress can only do what is expressed here & elsewhere in the Constitution | * nominally (meaning stated but not in reality), Congress can only do what is expressed here & elsewhere in the Constitution | ||
* however, the "General welfare," "Commerce" and "Necessary and Proper" clauses allow Congress to do most anything it wants so long as it or the courts can justify it under these clauses | * however, the "General welfare," "Commerce" and "Necessary and Proper" clauses allow Congress to do most anything it wants so long as it or the courts can justify it under these clauses | ||
* the modern bureaucratic state exists only under "expansive" or broad interpretations of those clauses by Congress and the Courts}} | * the modern bureaucratic state exists only under "expansive" or broad interpretations of those clauses by Congress and the Courts}}'''<br><br> | ||
The '''{{#tip-text: Congress shall have Power To|The "enumerated" or "expressed" powers of Congress | The '''{{#tip-text: Congress shall have Power To|The "enumerated" or "expressed" powers of Congress | ||