The Constitution of the United States: A Summary

Constructing America

Background:
 The Articles of Confederation were passed gradually 1778-1781.
 The Constitution that we know today was ratified in 1787.
 Critical Period: 1781-1787
 Legislative Branch: Makes the Law
 Executive Branch: Execute and Protect the Law
 Judicial Branch: Interpret the Law.
 Separation of Powers: Avoid conflicts of Interest. System of Checks and
Balances.

Article 1:

Section 1:
 All legislative powers that are granted on the Federal level will be to the
Congress of the United States.
o Consists of a Senate and a House of Representatives.
Section 2
 The House of Representatives is elected every two years.
 Can’t be a Representative without being 25 years old and a citizen for 7 years
 Must be a resident of the State in which you are elected.
 Representatives approbated based on Population. 1 for every 30k people.
o Indentured Servants included.
o Slaves are 3/5ths of a person
o Indians that aren’t taxed are excluded.
 Governor has authority to appoint representatives when vacancies are made.
 House of Representatives has power of impeachment.
Section 3
  Senate composed of two senators from each State chosen for 6 years.
o Divided into 3 classes:
 The Classes have staggered election dates so Elections happen
every two years for one third of the senate.
 Age minimum of 30 and 9 years a citizen of the United States.
o Must be inhabitant of State they are representing.
 The Senate has the power to try those up for impeachments.
o No person shall be convicted without the agreement of two thirds of
the members present.
 The Vice President of the United States presides over the Senate and has the
tie breaking vote.
Section 4:
 Congress shall assemble at least once in every year.
 Congress has authority to alter procedure for electing Senators and
Congressmen over the authority of the States.
Section 5
 The House reviews the Elections, returns and qualifications of its own
members.
 House may determine its own rules and procedures and with the agreement
of two thirds of the House, expel a member.
 Each house must keep a record of its proceedings.

Section 6
 The Senators and Congressmen shall receive a Compensation for their
services paid by the Treasury.
 No Senator or Congressman during the time in which he holds office can be
appointed to any civil office under the authority of the United States.
o Separates Executive and Legislative.
Section 7
  All bills for taxation start in the House of Representatives but the Senate can
agree with or propose amendments to said taxation.
 Every bill passed by either house needs to be shown to the President of the
United States, he may veto it if he so chooses and send it back to the Congress
from which it originated.
o If after review two thirds of that house still agree to pass the bill it is
sent, coupled with the Presidents objections to the other house where
it is also considered and if approved by two thirds of that House it will
become law.

Section 8
 Congress has the power to pass and collect Taxes, duties, or tariffs, in
addition to special taxes to pay for the debts and provide for the Defense and
general Welfare of the United States.
o All duties and taxes must be uniform throughout the United States.
 Congress has the power to:
o Borrow money on the credit of the United States
o Regulate commerce with foreign Nations, and among the several
states as well as Indian Tribes.
o Establish an uniform rule of Naturalization, and uniform laws on the
subject of Bankruptcies throughout the United States.
o To Print Money and regulate the value.
o To provide for the punishment of counterfeiting.
o To establish Post offices and Roads.
o To promote the Progress of science and useful arts, by securing for
limited times to authors and inventors Patents.
o To make tribunals inferior to the Supreme Court.
o To define and punish Piracies and Felonies committed on the High
Seas, and offenses against the law of nations.
 o To declare War, grant letters of Marque and reprisal. The government
license authorizing a private vessel to attack and capture enemy
vessels, and bring them before admiralty courts for condemnation and
sale. To create Privateers.
o To raise and support Armies, but soldiers must be allowed to opt out
or reenlist every two years.
o To create and maintain a Navy
o To make rules for the Regulation of the land and Naval Forces.
o To create a Militia to serve the Laws of the United States, to suppress
insurrections and repel invasions.

Section 9:
 Congress couldn’t regulate the migration of people that states found
acceptable until the year 1808.
 Habeas Corpus shall not be suspended unless in cases that public safety
requires it.
 No ex post facto law shall be passed.
o A law that Retroactively changes things.
 No tax shall be laid unless in proportion to the census.
 No tax shall be laid on articles exported from any state.
 No preference shall be given to any state in terms of trade regulation.
 No title of Nobility shall be granted by the United States.
o No officer of the United States may accept a title of grant from a
foreign King, Prince or State without the consent of Congress.
Section 10
 No State shall enter into any Treaty, alliance, or Confederation.
 No State shall grant letters of Marque and Reprisal, Print Money or pay in
anything but gold and silver.
  No State shall Pass any ex post facto law, or law impairing the obligation of
Contracts, or grant any title of nobility.
 No State will without the agreement of Congress put tariffs on imports or
exports, except when necessary for its inspection laws.
o The produce of any tariff laid by a State will be under jurisdiction of
the Federal Treasury.
 No State shall without the Consent of Congress
o Maintain troops or Ships in time of peace.
o Enter into an agreement with another State or Foreign power.
o Engage in War.

Article II
Section 1, Article II
 The President shall be the wielder of Executive power in the United States.
o Holds office for four years together with Vice President.
 Process for Electing the President:
o Each State appoints a number of electors equal to the whole number
of Senators and Representatives that, that State has.
 No Congressman can be an Elector.
o The Person with the most votes becomes the President.
 No Person except a natural born citizen can become President.
 Age minimum of thirty five years and a fourteen year resident within the
United States.
 In the Case of the Removal of the President from office or of his Death,
resignation or inability to discharge the powers and Duties of his office.
Congress may by law move the next officer on the Chain of command into
power until the President is able to fulfill his duties or a new President is
elected.
 The President shall receive for his services a compensation which shall
neither be increased nor diminished during the period for which he has been
elected.
  Before he enters the Presidency he must take the following Oath “I do
solemnly swear 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.
Section 2 Articles II
 The President is the Commander in Chief of the Army and Navy and of the
Militias.
 He has the power to grant Pardons for Offenses against the United States.
 He has the power to make treaties provided two thirds of the Senators
concur.
 The President can appoint Ambassadors, and other public Ministers and
Consuls whose appointments are not otherwise provided for.

Section 3 Article II
 The President shall make a State of the Union address and recommend to the
consideration of Congress measures that he believes necessary.
 The President has the obligation to enforce the laws of the land.
 The President receives Ambassadors and other public and foreign ministers.
 The President may convene both Houses in extraordinary circumstances.
Section 4 Article II
 The President, and all civil officers of the United States are impeached should
they be convicted of Treason, bribery, or other high crimes.

Article III
Section 1 Article III
 The Judicial Power of the United States lies with the Supreme Court.
 There are other inferior Courts that are below the Supreme Court, that are
run by Judges.
Section 2 Article III
  The Judicial Power applies to all Cases and treaties arising under the
Constitution and Laws of the United States.
 The Trial of all crimes except in Cases of Impeachment are by Jury.
 The Trials are held in the State where the crimes were committed.
Section 3 Article III
 Treason against the United States is the act of initiating War against it, or
aiding enemies of the State.
o A Person can’t be convicted of Treason without the testimony of two
witnesses or a confession.
 Congress has the power to set the punishment for Treason.
Article IV
 Speaks about the States
Section 1 Article IV
 Mandates that all states will honor the laws of all other states; this ensures,
for example, that a couple married in Florida is also considered married by
Arizona, or that someone convicted of a crime in Virginia is considered guilty
by Wyoming.
Section 2 Article IV
 Citizens of each State will be treated equally and fairly like citizens in any
other State.
 If someone flees from one State to another then they are to be returned to the
State with Jurisdiction on the crime.
 Slaves escaping from a State must be returned.
Section 3 Article IV
 New States can gain entry by consent of Congress.
o But no State can be made within an already existing State.
 No Two States can merge together, without the agreement of the State
Legislatures of the States involved and of the Congress.
 Congress has the power to govern all rules and regulations pertaining to the
Territories or property belonging to the USA.
Section 4 Article IV
 The Constitution guarantees a Republican form of Government meaning
Representative Democracy.
 The Federal Government must protect each State against Invasion and
Domestic Violence.
Article V
 Amending the Constitution:
o The Congress, when two thirds of both houses agree, has the power to
propose Amendments to the Constitution.
o Or two thirds of the State Legislatures may request an Amendment.
o This Amendment must be ratified by three fourths of the States.
o No State can be deprived of its equal suffrage in the Senate.
Article VI
 Concerns the United States itself.
 First, it guarantees that the United States under the Constitution would
assume all debts and contracts entered into by the United States under the
Articles of Confederation.
 It sets the Constitution and all laws and treaties of the United States to be the
supreme law of the country.
 Finally, it requires all officers of the United States and of the states to swear
an oath of allegiance to the United States and the Constitution when taking
office.
Article VII
 Details the method for ratification, or acceptance, of the Constitution: of the
original 13 states in the United States, nine had to accept the Constitution
before it would officially go into effect.

The Bill of Rights:

Article 1:
 Protects the right of:
 o Free Speech and of the Press
o Freedom of Religion
o Separation of Church and State
o To peaceably assemble.
o To petition the Government for a redress of grievances.
Article II
 The Right to bear arms is protected.
Article III
 Guarantees that the Army will not force the owner of a property to give them
room and board in times of peace nor in a time of War except in a lawful way.

Article IV
 The Government can’t confiscate a Citizens property, papers or people
without a legal warrant and probable cause.
o Bashes the Writs of Assistance set up by British
Article V
 Protects people from being held for committing a crime unless they are
properly indicted, that they may not be tried twice for the same crime.
 One can’t be forced to testify against themselves.
 Property can’t be taken without due process of the law.
 Must be tried by a Grand Jury except in cases pertaining to the Military.
 Property can’t be taken for Public use without compensation.
Article VI
 People have the right to a Speedy and Public Trial.
 Individuals have the right to an impartial jury of the State and district in
which the crime was allegedly committed.
 One has the right to face his accuser.
 The Right to an Attorney is guaranteed.
 The Right to be able to gather witnesses in ones favor is protected.
Article VII
  Guarantees a trial by Jury.
 No case tried by a Jury can be reopened in any Court of the United States.
Article VIII
 Excessive Bail can’t be imposed nor can excessive fines.
 Cruel and Unusual punishment can’t be instituted.
Article IX
 Other rights aside from those listed may exist, and just because they are not
listed doesn't mean they can be violated.
Article X
 The Powers not given to the Federal Government are reserved for the States
or for the people.