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US Constitution study guide: Difference between revisions
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'''[[Constitution (US)|Constitution]] of the United States Popup Study Guide''' | '''[[Constitution (US)|Constitution]] of the United States Popup Study Guide''' | ||
* | * article under construction | ||
* as of 11/23/21, the original Constitution entries are mostly complete, except for amended sections (which will be grayed-out in future edits) | |||
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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. | === Section 3. [establishes the Senate, its composition & requirements for office] === | ||
'''{{#tip-text: Section 3 overview.| Establishes the Senate: | '''{{#tip-text: Section 3 overview.| Establishes 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: | '''{{#tip-text:[Section 4. overview]|Senate elections: | ||
* protects the powers of state legislatures to elect Senators | * protects the powers of state legislatures to elect Senators | ||
* and to decide when and how to hold those elections | * and to decide when and how to hold those elections | ||
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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. | === Section 5. [independence of each house of Congress] === | ||
'''{{#tip-text: Section 5. overview|Checks & Balances within the Congress: | '''{{#tip-text: Section 5. overview|Checks & Balances within the Congress: | ||
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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. | ===Section 6. [protections against persecution and limits on holding office for Members of Congress] === | ||
'''{{#tip-text: Section 6. overview| 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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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. | ||
=== Section 7. | === Section 7. [legislation process & veto] === | ||
'''{{#tip-text: Section 7. overview|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 | ||
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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. | === Section 8. [Enumerated powers of the Congress, including General Welfare, Commerce & Necessary & Proper clauses]=== | ||
'''{{#tip-text: Section 8. overview|Section 8 sets the powers of Congress: | '''{{#tip-text: [Section 8. overview]|Section 8 sets the powers of Congress: | ||
* = is among the most contested and judicially reviewed sections of the Constitution: | * = 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 | ||
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* McCoullough v. Maryland affirmed this power of Congress}}''', and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. | * McCoullough v. Maryland affirmed this power of Congress}}''', and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. | ||
=== Section 9. | === Section 9. [Enumerated limits on the powers of Congress]=== | ||
'''{{#tip-text: Section 9. overview|Enumerated limits on the powers of Congress | '''{{#tip-text: Section 9. overview|Enumerated limits on the powers of Congress | ||
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* the prohibition is repeated in Article I, Section 10, where it is applied to the States}}''' shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. | * the prohibition is repeated in Article I, Section 10, where it is applied to the States}}''' shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. | ||
===Section 10. | ===Section 10. [limits on powers of the states] === | ||
'''{{#tip-text: Section 10. overview| 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: | ||
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{| class="wikitable" style="max-width: 1000px " | {| class="wikitable" style="max-width: 1000px " | ||
| | | | ||
== Article II | == Article II [establishes the Executive branch and its powers, limits, and duties] == | ||
'''{{#tip-text: Article II overview|"Executive power" | '''{{#tip-text: Article II overview|"Executive power" | ||
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* this core separation of powers between the legislative and executive branches avoids the problems of abuse by overlapping powers of a powerful executive}}'''<br> | * this core separation of powers between the legislative and executive branches avoids the problems of abuse by overlapping powers of a powerful executive}}'''<br> | ||
=== Section 1. | === Section 1. [Establishes the office the President]=== | ||
'''{{#tip-text: Section 1. overview|Establishes the Executive branch (presidency) | '''{{#tip-text: Section 1. overview|Establishes the Executive branch (presidency) | ||
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* note that the oath is only about the Constitution and not about such things as "defending the American people", which could be inferred from the oath; however, on its face, the oath is to uphold the Constitution}}'''. | * note that the oath is only about the Constitution and not about such things as "defending the American people", which could be inferred from the oath; however, on its face, the oath is to uphold the Constitution}}'''. | ||
=== Section 2. | === Section 2. [Powers and roles of the President] === | ||
'''{{#tip-text: Section 2. overview|Powers and roles of the President, including: | '''{{#tip-text: Section 2. overview|Powers and roles of the President, including: | ||
* Commander in chief of the military | * Commander in chief of the military | ||
* | * can grant pardons | ||
* Chief diplomat | * serves as Chief diplomat and appoints U.S. ambassadors with Senate concurrence (agreement) | ||
* | * appoints executive officers with Senate concurrence | ||
* | * appoints federal Judges with Senate concurrence}}''' | ||
The President shall be '''{{#tip-text:Commander in Chief|Commander in Chief | The President shall be '''{{#tip-text:Commander in Chief|Commander in Chief | ||
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- "recess appointments" which are appointments of Executive branch officials (not judges) while the Senate is not in session, thus allowing the President to put a person into an office temporarily}}''', by granting Commissions which shall expire at the End of their next Session. | - "recess appointments" which are appointments of Executive branch officials (not judges) while the Senate is not in session, thus allowing the President to put a person into an office temporarily}}''', by granting Commissions which shall expire at the End of their next Session. | ||
=== Section 3. | === Section 3. [Requirements & duties of the presidency]=== | ||
'''{{#tip-text: Section 3. overview|Requirements and duties of the President, including: | '''{{#tip-text: Section 3. overview|Requirements and duties of the President, including: | ||
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* however, the President also has the sole power to "commission" them, which means that even if an officer has been approved by the Senate, the President alone has the power to install that person in the office (or not)}}'''. | * however, the President also has the sole power to "commission" them, which means that even if an officer has been approved by the Senate, the President alone has the power to install that person in the office (or not)}}'''. | ||
=== Section 4. | === Section 4. [Impeachment]=== | ||
'''{{#tip-text: Section 3. overview|Impeachment | '''{{#tip-text: Section 3. overview|Impeachment | ||
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{| class="wikitable" style="max-width: 1000px " | {| class="wikitable" style="max-width: 1000px " | ||
| | | | ||
== Article III | == Article III [Judiciary] == | ||
=== Section 1. | === Section 1. [Establishes the Judicial branch] === | ||
'''{{#tip-text:Section 1. Overview|Section 1: | '''{{#tip-text:Section 1. Overview|Section 1: | ||
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{| class="wikitable" style="max-width: 1000px " | {| class="wikitable" style="max-width: 1000px " | ||
| | | | ||
== Bill of Rights | == Bill of Rights [Amendments 1-10] == | ||
==={{#tip-text: Amendment 1|}}=== | ==={{#tip-text: Amendment 1|}}=== | ||