CONSTITUTION STUDY GUIDE By: Ben Shapiro
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Preamble to the Constitution
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States the purpose of the Constitution Proposes a government based on the will of the people States that the Constitution will also benefit and apply to people who are not yet born.
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Legislative Branch—Article I (1)
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TWO Houses of Congress—House & Senate Tax and Pay Debts Regulate Commerce Establish Monetary and Postal Systems Create a military and Appropriate money for it Create Courts
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ELASTIC CLAUSE
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Allows Congress to make laws that are related to the enumerated powers.
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Powers Denied to Congress
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Powers Denied to Congress Suspension of Writ of Habeas Corpus Ex Post Facto Laws Taxes on Exports Taxes on Interstate Commerce Granting titles of Nobility
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Powers Denied to States
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Foreign Treaties Monetary System Contract Interference Taxes on Imported and Exported Goods Have Independent Military
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Vetoes
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An official rejection of a law by the President. Override Presidential Veto with 2/3 Vote in each House Pocket vetoes—Congress adjourns.
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HOUSE OF REPRESENTATIVES
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435 members—Each member elected every 2 years Chosen by popular vote Representation from each state determined by population except for the 1st member. Tax law start here.
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QUALIFICATIONS of HOUSE OF REPRESENTATIVES
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25 years old Citizen of the United States for 7 years Lives in the state from which elected.
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Sole power of IMPEACHMENT
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Impeachment means to charge a Federal official (such as the president) with wrongdoing.
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TAX LAWS
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must start in the House of Representatives
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SENATE
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100 Senators—6 year terms Elected by People—17th Amendment Used to be chosen by state legislatures 1/3 elected every two years 2 Senators per state regardless of population Cannot be changed by amendment
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QUALIFICATIONS of SENATE
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30 years old Citizen of the U.S. for 9 years Lives in the state he or she represents
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VICE PRESIDENT is President of the Senate
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Presides over Senate Votes to break ties President Pro Tempore is elected by the Senate to preside when the Vice President is absent. 3rd in line to presidency Impeachment trials are held in Senate 2/3 Vote of the Members required to convict. Chief Justice of the Supreme Court presides.
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Impeachment Trials
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2/3 Vote of the Members required to convict. Chief Justice of the Supreme Court presides. Held in Senate
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Presidential Appointments
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Cabinet members Ambassadors Judges
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Treaties
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Agreements with Foreign Countries 2/3 vote of Senate to approve
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Executive Branch—Article II (2)
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Enforces Laws President 4 year term—Can only serve 2 terms—22th Amendment Can be 6 to 10 years Elected by the ELECTORAL COLLEGE The number of electors each state has is determined by adding the number of their Representatives to the number of their Senators. Salary cannot be raised or reduced during term
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QUALIFICATIONS of Executive Branch
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35 years old Natural Born Citizen Has lived IN the U.S. for 14 years
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The Executive Branch
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COMMANDER IN CHIEF of the Armed Forces Makes appointments Cabinet members, Ambassadors, Judges Makes Treaties Signs or VETOS Legislation If not vetoed within 10 days—becomes law Delivers State of the Union Speech to Congress Can be removed by Impeachment and Conviction.
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Judicial Branch
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Interprets laws (Marbury vs. Madison) Supreme Court of the United States
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All inferior Courts that Congress creates
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District Court (Trials) Circuit Court of Appeals
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Judges
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appointed for LIFE Removed from office by Impeachment and Conviction QUALIFICATIONS: NONE stated in the Constitution
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GUARANTEES
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Trial by Jury in Criminal Cases
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TREASON
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2 witnesses or confession required for conviction
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System of \"Checks and Balances\"
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No one Branch has TOO much power
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Census
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Required every 10 years. Count the number of Citizens of the U.S.
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Interstate Commerce
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Congress Controls it. States can't interfere with trade.
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Full Faith and Credit
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States recognize the laws and court decisions of other states
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Privileges and Immunities Clause
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States must give citizens of other states the same rights that their citizens have
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Speaker of the House
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In charge of the House of Representatives Becomes President if the Vice President cannot succeed the President.
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Amending Constitution
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2/3 of Senate and House must create amendment 2/3 of states may call Constitutional Convention 3/4 of states must approve the Amendment
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Creating new States
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Congress decides to admit new state. Can't come from existing states unless state agrees
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1st Amendment
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1.Free Speech 2. Freedom of Religion 3. Freedom of the Press 4. Right to Peaceably Assemble
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2nd Amendment
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Individual Right to Bear Arms
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4th Amendment
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Search Warrant required to enter and search homes
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5th Amendment
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Cannot be required to testify against yourself Cannot be tried twice for the same crime
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6th Amendment
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Right to a Fair and Speedy Trial
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7th Amendment
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Right to a Jury Trial in Civil (non criminal) cases
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8th Amendment
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Cruel and Unusual Punishment Prohibited
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9th Amendment
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People have \"rights\" not listed in the Constitution.
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10th Amendment
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Powers not given to the Federal Government or prohibited to the states are reserved to the states.
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12th Amendment
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President and Vice President run for election as a team
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16th Amendment
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Personal Income Tax allowed.
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19th Amendment
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Women given the Right to Vote
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23rd Amendment
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Citizens in Washington D.C. can vote for President
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25th Amendment
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Vice President becomes President upon the death, disablement or removal of the President. President appoints Vice President if office is vacant.
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26th Amendment
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National Voting age lowered to 18 years old.
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27th Amendment
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Proposed in 1789 and ratified in 1992.
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Procedure for Vice President
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President submits someone to to congress. Congress must pass them by 51%.
