US Constitution study guide: Difference between revisions

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<u>'''Purpose of the U.S. Constitution Popup Study Guide'''</u><br>

<br>

• hover your mouse or cursor over or touch '''{{#tip-text:underlined/ bolded words|Summaries, explanations and definitions will show in these hover boxes}}''' for popup summaries, explanations and definitions<br>

• <span style="background-color:#d9d9d9">grayed-out</span> sections have been '''{{#tip-text:changed by subsequent Constitutional amendment|* i.e., original text was changed by later amendments

• we encourage you to use a tablet or external monitor in order to better read popup annotations</div>

•• the below references are useful but frequently complex, legalistic and not easy for students to read or understand<br>

click EXPAND for additional sources & annotated texts of the Constitution:

• [https://www.law.cornell.edu/constitution/index.html Congressional additional version of the "Constitution Annotated" from the Cornell Legal Information Institute (cornell.edu)]<br>

• [https://constitutioncenter.org/interactive-constitution/full-text Interactive Constitution (consitutioncenter.org)]<br>

• Students may also wish to review the text of the 1777 [https://www.ourdocuments.gov/print_friendly.php?flash=true&page=transcript&doc=3&title=Transcript+of+Articles+of+Confederation+%281777%29 Articles of Confederation (oudocuments.gov)]<br>

</div>

• Articles I through VII are the original Constitution as adopted by the Constitutional Convention of 1787 on '''{{#tip-text:September 15, 1787|known as "Constitution Day"}}'''<br>

• The original Constitution structured the '''{{#tip-text:Federal government|Federal government|

•• ten of the proposed amendments went into effect upon ratification by the 11th state, Virginia (marking 3/4ths of the now 14 states) on December 15, 1791</div>

• the first ten amendments to the Constitution are known collectively as the "Bill or Rights" (BOR) and was ratified on Dec 15, 1791<br>

• the BOR protects certain rights of the people and the states from Federal infringement (violation) or otherwise place limits on certain powers of the Federal government regarding indvidual rights<br>

* the Preamble of the Constitution calls itself the "Constitution for the United States of America"}}''' with mouse/cursor hover popup explanations</big><br><br>

'''{{#tip-text: [The Preamble overview]| The Preamble:

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WE THE PEOPLE '''{{#tip-text: in Order to form a more perfect Union|"A more perfect Union" =

* to improve upon the loose union created

== Article 1. [Legislative branch]==

'''{{#tip-text: [Section 1 overview.]| Establishes the House of Representatives as one of two "houses" of Congress (bicameral legislature; other house = Senate)}}'''<br>

** the 2021-2023 Congress is the 117th}}''' of the United States, which shall consist of a Senate and House of Representatives.

''' {{#tip-text: [Section 2. overview]|Section 2. defines the composition of and requirements for election to the House of Representatives, including:

* that Representatives must be 25 years old, Senators 30 and the President 35 reflects the concepts of "checks and balances" and the "republican principle," which held that the people should be governed 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.

* direct tax = a tax imposed directly upon individuals or incomes derived from their property

* the original Constitution required that any "direct Taxes" be "apportioned," i.e. divided by population per state

* the extent of impeachment is limited to removal from office and no other civil or criminal punishment}}'''.

'''{{#tip-text: Section 3 overview.| Establishes the Senate:

* 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 Seventeenth amendment (1913) removed the power of legislatures to select Senators  

* and created a Constitutional requirement that Senators be elected by direct, popular vote in each state}}'''</span>, for six Years; and each Senator shall have one Vote.

** 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

* the Seventeenth amendment (1913) changed the selection of Senators from the legislatures to a direct vote  

* thereby this power granted to the Legislatures was altered in the Seventeenth amendment to provide that

* the Constitution requires that Congress meet at least once every year

* the President may "call" a "special session" of Congress if Congress is not "in session"

'''{{#tip-text: Section 5. overview|Checks & Balances within the Congress:

* these seemingly innocuous requirements are in directly response to the abuses of the English kings upon Parliament, of Parliament itself, and of the abuses upon the Americans in their colonial governments}}''', 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.

'''adjournment''' or "to adjourn" = either

* a temporary suspension during a session of Congress

** 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.

'''{{#tip-text: [Section 6. overview]|Protects members of Congress from political persecution and prohibits them from holding other offices}}'''

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. overview]|Section 7 sets rules and processes for legislation to become law, including:

* the Senate may propose amendments}}''' shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

* bills can be introduced in either house of Congress

* except for bills regarding raising revenue (taxes), which must originate in the House of Representatives}}''' which shall have passed the House of Representatives and the Senate, shall, before it '''{{#tip-text: become a Law|From a bill to a law:

* 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.

'''{{#tip-text: [Section 8. overview]|Section 8 sets the powers of Congress:

* 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.

'''{{#tip-text: Section 9. overview|Enumerated limits on the powers of Congress

* many of these restrictions represent limits on abuses of powers experienced by the colonies under British rule}}'''

* here the Constitution addresses the slave trade (as ever, without calling slavery by its name) with the compromise that importation of slaves end by that date

* Southern states agreed to the prohibition largely out of the necessity of compromise along with the notion that the end of slave importation would enhance the value of existing slaves

* i.e., making illegal an action that was previously legal and enforcing the new law against old actions.}}''' shall be passed.

* = taxes laid directly on citizens without any specific reason such as income or property

* the Constitution here requires that any direct tax be apportioned across the states based on population

* 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.

'''{{#tip-text: Section 10. overview| Section 10 imposes restrictions upon certain powers of the states:

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress.

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'''{{#tip-text: Article II overview|"Executive power"

* this core separation of powers between the legislative and executive branches avoids the problems of abuse by overlapping powers of a powerful executive}}'''<br>

'''{{#tip-text: Section 1. overview|Establishes the Executive branch (presidency)

** as of 2021 there are 538 total electors}}''' to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

* the Electoral College represents the States, not the people directly

* in practice, the electors are chosen by the people in proportion to their majority votes, and the electors almost always respect the wishes of the voters, but not always.   

* all Presidents up to Martin Van Buren (8th president, 1837-1841) were born before the Declaration; Van Buren was born in 1782

* One way to think through the meaning of this section is to consider Alexander Hamilton's original draft:  

* this requirement is more than for the House and the Senate

* that Representatives must be 25 years old, Senators 30 and the President 35 reflects the concepts of "checks and balances" and the "republican principle," which held that the people should be governed by virtuous rulers (assumes that the older are the more virtuous))}}''', and been fourteen Years a Resident within the United States.

*# Vice President

*#. As decided by Congress if both the President and Vice President die, resign, removed or cannot serve ("Inability to discharge the Powers")

* 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}}''' that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

'''{{#tip-text: Section 2. overview|Powers and roles of the President, including:

* Commander in chief of the military

- "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.

'''{{#tip-text: Section 3. overview|Requirements and duties of the President, including:

* 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)}}'''.

'''{{#tip-text: Section 3. overview|Impeachment

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'''{{#tip-text:[Section 1. Overview]|Section 1:

* therefore = an important separation of power which protects the Judiciary from interference from Congress}}''', which shall not be diminished during their Continuance in Office.

'''{{#tip-text: Section 2. overview]|}}'''

** cases between citizens of different states

** cases between U.S. citizens and foreign nations or citizens

* this clause was changed by the Eleventh Amendment

* which clarified that the Judicial power of the government shall "not construed to extend" to suits between a state and citizens of another state or foreigners

* = protection against arbitrary relocation of trials to courts and places that would be less friendly to a defendant}}''' and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

'''{{#tip-text:[Section 3. overview]|Treason & Jury Trials

* here the Constitution defines "treason" and requires jury trials for charges of it

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{{#tip-text: [Section 1. Summary]|Full faith and credit clause

* establishes relationship, rules & limits between the States & the States and the Federal Government

{{#tip-text: Full Faith and Credit|Full faith and credit  

** the person who was ordered to pay could not avoid payment by moving to another state

** as the Full Faith and Credit clause would require the second state to respect and enforce the first State's court order

{{#tip-text: [Section 2. Summary]|Privileges and Immunities clause:|

* require that states respect one another's laws & respect the rights of citizens of other states

The Citizens of each State shall be entitled to all '''{{#tip-text: Privileges and Immunities of Citizens in the several States|Privileges & Immunities clause

* it also means that the states surrender their sovereignty to protect a person from extradition}}'''.

* prohibits protection of fugitive (runaway slaves) by requiring their return upon demand of the slave owner in another state

* the clause thereby treated fugitive slaves as civil and not criminal matters

* the Fugitive Slave Clause was annulled by the Thirteenth amendment which abolished slavery}}'''.</span>

{{#tip-text: [Section 3. Summary]|New states

* (West Virginia was created during the Civil War, so Virginia, in rebellion, had no say on its formation)

* Congress may set rules for the administration and entrance into states of territories

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

* i.e., any disputes over claims must be settled outside of this clause}}'''.

{{#tip-text: Section 4. overview| Guarantees to the states, including:

* Shay's Rebellion was an important catalyst in the convening of the Constitutional Convention, as the federal government under the Articles of Confederation had no powers to intervene (the rebellion was put down by the state of Massachusetts)

* the state of Colorado invoked the clause in 1914 for Federal help to put down armed miners who were avenging the "Ludlow Massacre", an attack by state and mining company guards upon the campsite of a group of striking coal miners and their families

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'''{{#tip-text: [Article V. overview]|Amendment of the Constitution

* note that Congress cannot ratify a proposed amendment}}''', as the one or the other '''{{#tip-text:Mode of Ratification|Mode of Ratification:

* the "mode" refers to the form of ratification

* prohibits amendment prior to 1808 of:

* Article 1, Section 9: direct tax clause

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'''{{#tip-text:Article VII overview|Ratification

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'''{{#tip-text:[BIll of Rights overview]|Bill of Rights  

* Congress and States have enacted many restrictions on lobbying and lobbyists, especially regarding money and gifts to governmental officials}}''' for a redress of grievances.

'''{{#tip-text:[Amendment 2 overview|Second Amendment:

* "bear" = "to wield", or to hold, maintain, or use}}''', shall not be infringed.

'''{{#tip-text:[Amendment 3 overview]|Third Amendment:

* tyrannical governments can control a populace by placing soldiers in their midst

* i.e., as Commander in Chief, the President cannot place soldiers in homes without "consent" (agreement) of the owner or a law authorizing it}}'''.

'''{{#tip-text:[Amendment 4 overview|Fourth Amendment:  

* "seizure" of a person = arrest or detention}}''', and the persons or things to be seized.

'''{{#tip-text:Fifth Amendment overview|Fifth Amendment:

Issues, problems & limits

* since impoverished defendants may not have the ability to hire an attorney, the Courts established the right to an attorney paid for by the government

'''{{#tip-text:[Amendment 7 overview]|Seventh Amendment

** note that this does not mean a jury decision of guilt, which can be re-examined}}''', than according to the rules of the common law.

'''{{#tip-text:[Amendment 8 overview]|Eighth Amendment

** however, carrying it out in cruel or unusual ways is in violation (i.e. causing excessive pain, or carrying out the execution in a bizarre manner)}}'''.

'''{{#tip-text:[Amendment 9 overview]|Ninth Amendment

* so the entire sentence affirms that even though the Constitution protects certain rights of the people, all other rights not listed (enumerated) are also protected}}'''.

'''{{#tip-text:[Amendment 10 overview]|Tenth Amendment

* except for those powers which are explicitly "prohibited" from the states in the Constitution (such as in Article VI)* }}''', are reserved to the States respectively, or to the people.

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{{#tip-text: Amendment 11|1795:

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

{{#tip-text: Amendment 12|

** the problem before was that in the original Constitution, the Vice President was the runner up (2nd place)  

** 1796 election: John Adams became President, while his political opponent, Thomas Jefferson became Vice President

The Electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.

{{#tip-text: Amendment 13|abolishes slavery

Section 1. Neither Slavery, nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

{{#tip-text: Amendment 14|protects civil liberties of freed slaves

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

{{#tip-text: Amendment 15 |secures right to vote for former slaves

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitude.

{{#tip-text: Amendment 16|establishes income tax

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

* provides power to state governors to fill Senate vacancies by temporary appointment

** and new election of that seat to be organized by the state legislature

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

===Amendment 18: abolition of sale of alcohol (ratified Jan. 16, 1919) ===

{{#tip-text: Amendment 18|abolition of interstate sale of alcohol

Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

===Amendment 19: right to vote for women (ratified Aug. 18, 1920) ===

{{#tip-text: Amendment 19|secures right to vote for women

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.

* after the 1932 election, the "lame duck" (powerless) presidency of outgoing President, Hoover and the sitting Congress led to an extended period of inaction and uncertainty as the Great Depression worsened

* the Constitution was changed to ensure quicker inauguration of the newly elected government

Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the third day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

===Amendment 21: repeal of 18th Amendment (ratified Dec. 5, 1933) ===

{{#tip-text: Amendment 21|overturns 18th amendment

Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

===Amendment 22: limit President to 2 terms (ratified Feb. 27, 1951) ===

{{#tip-text: Amendment 22|

Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

===Amendment 23: electoral college representation for DC (ratified March 29, 1961) ===  

{{#tip-text: Amendment 23|

Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:

===Amendment 24: abolition of poll taxes (ratified Jan. 23, 1964) ===

{{#tip-text: Amendment 24|

Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

===Amendment 25: presidential removal and succession (ratified Feb. 10, 1967) ===

{{#tip-text: Amendment 25|

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

===Amendment 26:age to vote set to 18 (ratified July 1, 1971) ===

{{#tip-text: Amendment 26|

Section 1. The right of citizens of the United States, who are 18 years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

{{#tip-text: Amendment 27|

No law, varying the compensation for the services of the Senators and Representatives, shall take effect until an election of Representatives shall have intervened.

* for direct taxes under the original Constitution, see [https://law.utexas.edu/faculty/calvinjohnson/directtax.pdf APPORTIONMENT OF DIRECT TAXES:

THE FOUL-UP IN THE CORE OF THE CONSTITUTION (law.utexas.edu)]