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US Constitution study guide: Difference between revisions
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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)}}''' | '''{{#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| | 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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* 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> | ||
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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=== 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 (bicameral legislature; other house = House of Representatives)}}'''<br> | |||
'''{{#tip-text: Section 3.| creates the Senate as one of two "houses" of Congress (bicameral legislature; other house = House of Representatives)}}''' | |||
The '''{{#tip-text: Senate of the United States| | The '''{{#tip-text: Senate of the United States| | ||
'''Senate'''= | '''Senate'''= | ||
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'''{{#tip-text:Section 4.| | '''{{#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> | ||
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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'''{{#tip-text: Section 5.| | '''{{#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> | ||
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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===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.| Protects members of Congress from political persecution and prohibits them from holding other offices}}'''<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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* 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> | ||
'''{{#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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* 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> | ||
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 | ||
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'''{{#tip-text: Section 9.|Enumerated limits on the powers of Congress | '''{{#tip-text: 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 | * 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}}'''<br> | ||
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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* 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 | ||
* these restrictions mark, in part, the exchange of sovereignty between the states and the federal government}}''' | * these restrictions mark, in part, the exchange of sovereignty between the states and the federal government}}'''<br> | ||
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emits Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. | No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emits Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. | ||
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No State shall, without the Consent of the Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. | No State shall, without the Consent of the Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. | ||
== | == Article II (establishes the Executive branch and its powers, limits, and duties)== | ||
'''{{#tip-text: Article II|"Executive" | |||
* "execute" means "to carry out" | * "execute" means "to carry out" | ||
* therefore the "executive branch" is to "carry out" (execute) the laws | * therefore the "executive branch" is to "carry out" (execute) the laws | ||
* this core separation of powers between the legislative and executive branches avoids the problems of abuse by overlapping powers of a powerful executive}} | * this core separation of powers between the legislative and executive branches avoids the problems of abuse by overlapping powers of a powerful executive}} | ||
==={{#tip-text: Section 1.|}} | === Section 1.(Establishes the office the President)=== | ||
'''{{#tip-text: Section 1.|Sets the terms & requirements for the office, form of election (later amended) and removal (impeachment)}}''' <br> | |||
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same term, be elected, as follows | The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same term, be elected, as follows | ||