Tuesday, April 21, 2020

THE CONSTITUTION OF THE UNITED STATES OF AMERICA Essays

THE CONSTITUTION OF THE UNITED STATES OF AMERICA I. Article 1: The Legislative Branch a. section 1: Legislative powers given.. b. section 2: Description of the House of Representatives. -Representatives elected every 2nd year -Qualifications of Representatives -Must be a citizen for at least seven years -Must be at least 25 years old -Will not be inhabitant of the state in which he is chosen -Number of Representatives per state -Executive authority fills vacancies -Choose speaker and officers, Sole power to impeach. c. section 3: Description of the Senate -Separation and replacement of senators -Qualifications of Senators -Must be a citizen for at least nine years -Must be at least 30 years old -Will not be inhabitant of the state in which he is chosen -Vice Presidents role in Senate -Choosing of offices and President pro tempore -Power given to try impeachment trials, and guidelines for such trials -Judgment guidelines for impeachment trials d. section 4: Elections of Senators and Representatives -Guidelines for election of Senators and Representatives e. Section 5: Rules of House and Senate -Guidelines for meetings in the Houses -Power to decide rules, punishments, and expulsions given -Guidelines for journals -Guidelines concerning adjourning f. section 6: Compensation and privileges of members -Compensation and Protection from arrest during meetings -Rules concerning holding offices g. section 7: Passage of bills -Revenue bills originate in the House of Representatives -Instructions concerning bills passed in House and Senate -Every order, resolution, and vote must be presented to the President h. section 8: Extent of Legislative power -Taxes, duties, imposts, excises -Borrowing money -Regulation of commerce -Laws about bankruptcy -Processing of money -Punishment for counterfeiting -Post office and post roads -Promote science and arts -Tribunals -Punishments of piracies and felonies on high seas, offenses against law of nations -War, letters of marque, reprisal, capturing of land and water -Armies -Navy -Regulation of land and naval forces -Calling of militia -Organizing, arming, disciplining, governing, and reserving militia -Exercising exclusive legislation -Necessary and proper clause i. section 9: Limits on Legislative power -migration and importation of persons -Habeas corpus -No attainder or ex post facto law -Capitation or other direct tax -Tax or duty -Preference by regulation of commerce or revenue -Money drawn from treasury -Titles of nobility j. section 10: Limits on states -No treaties -No posting of duties -No duty of tonnage, keeping troops, ships, entering into agreements, engaging in war III. Article II : The Presidency a. section 1: Election, Installation, Removal -Rules of term -4 year term -Guidelines of election -Instructions for electors -Time of choosing electors -Guidelines for Presidential candidate -Must be a natural born citizen -Must be 14 years a resident of U.S. -Must be 35 years old -Compensation -Must take Oath or Affirmation b. section 2: Presidential power -Military and pardoning -Treaties and appointment of ambassadors -Filling vacancies in senate c. section 3: State of the Union, receive ambassadors, laws faithfully executed commission officers d. section 4: Impeachment IV. Article III : The Judiciary a. section 1: Judicial power given b. section 2: Extent of Judicial power -Specifics of extent of judicial power -Original and appellate jurisdiction -Trials by jury c. section 3: Treason -Definition and conviction of Treason -Punishment of treason V. Article IV : The States a. section 1: Full faith and credit given -Privileges of citizens -Convicted people who leave state jurisdiction b. section 2: Privileges and immunities, Extradition, Fugitive slaves c. section 3: Admission of States d. section 4: Guarantees to States -Republican form of government -Protect against invasion -Protect against invasion when deemed necessary by legislature VI. Article V : The amendment process -2/3 house of representatives must agree to present amendment -or 2/3 of state legislature must approve - ? of the senate must agree to get it into the constitution I. Article VI : Legal Status of the Constitution A. Bill of rights a. Amendment 1 : Religion, Speech, Press, Assembly, Petition- 1791 b. Amendment 2 : Right to bear arms- 1791 c. Amendment 3 : Quartering of Troops- 1791 d. Amendment 4 : Search and Seizure-1791 e. Amendment 5 : Grand Jury, Double Jeopardy, Self- Incrimination, Due Process-1791 f. Amendment 6 : Criminal prosecutions - Jury trial, right to confront and counsel-1791 g. Amendment 7 : Common law suits - Jury trial-1791 h. Amendment 8 : Excess bail or fines, cruel and unusual punishment- 1791 i. Amendment