PREAMBLE

We the People of the United States,in Order to form a more perfect Union,

establish Justice,

insure domestic Tranquility,

provide for the common defence,

promote the general Welfare,

The preamble to the Constitution originally listed the thirteen states when it was written by the Committee on Detail on August 6, 1787. It was changed by Gouverneur Morris when he was tasked with drafting the final copy of the Constitution. He kept the phrase “We, the people’’ to show that it was the people that were creating a new government and that power of government came from the people—an idea from John Locke and originally echoed in the Declaration of Independence. The preamble sets out the purpose of the Constitution. The National Government as created under the Articles of Confederation was so weak that it actually created the economic and security hardships the nation faced at that time. There was no national court system, no way for the national government to regulate trade and no way to protect the citizens. The purpose of the Constitution was to create a form of Government that would fix the problems created by the Articles of Confederation. Gouverneur Morris listed six areas of improvement so that the preamble could be read this way:

PREAMBLE

We the people of the United States make this Constitution. The Articles of Confederation did not work. We have 6 goals: We want to make a better government.We want to establish a national court system.We do not want another Shay's rebellion. We want the national government to have the power to make sure we get along peacefully.

We want a national military to protect us

and secure the Blessings of Libertyto ourselves and our Posterity,

do ordain and establish this Constitution for the United States of America.

ARTICLE I

§ Section 1

The Legislative Branch

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

§ Section 2

Clause 1: The House of Representativesshall be composed of Members chosenevery second Year by the People of theseveral States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

Clause 2: No Person shall be aRepresentative who shall not have attained to the Age of twenty five Years, 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.

Clause 3: Representatives and directTaxes shall be apportioned among theseveral States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual

from enemies.We want to improve the economy.

We want to make sure we stay free now and in the future.

That is why we have made this Constitution.

ARTICLE I

§ Section 1

The Legislative Branch

Article I creates the new Legislative branch. The legislative branch will have the power to make laws. To legislate means to make laws. The legislative branch will be made up of two houses: The House of Representatives and the Senate.

§ Section 2

Clause 1: Section 2 of Article I deals with the House of Representatives. Members of the House of Representatives are elected every 2 years. Anyone who can vote in astate election can vote in the election for a member of the House of Representatives.

Clause 2: To be in the House of Representatives you must be at least 25 years old at the time sworn in. You must be a citizen of the United States for 7 years. You must live in the state you represent.

Clause 3: The number of representatives that a state has in the House of Representatives is based on that state's population.

Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of tenYears, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have atLeast one Representative; and until suchenumeration shall be made, the State ofNew Hampshire shall be entitled to choose three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

Clause 4: When vacancies happen inthe Representation from any State, theExecutive Authority thereof shall issue Writs of Election to fill such Vacancies.

Clause 5: The House of Representativesshall chuse their Speaker and otherOfficers; and shall have the sole Power of Impeachment.

§ Section 3

Clause 1: The Senate of the United

To count a state's population, the national government takes a census every ten years. As originally written, a state got one representative forevery 30,000 persons. Today it is one representative for about every 750,000 persons. Every state is guaranteed at least one representative in the House of Representatives. Until the first census was taken, the states had the followingrepresentation:New Hampshire: 3Massachusetts: 8Rhode Island and Providence Plantations: 1Connecticut: 5New York: 6New Jersey: 4Pennsylvania: 8Delaware: 1Maryland: 6Virginia: 10North Carolina: 5South Carolina: 5Georgia: 3This clause was changed by the 13th and 14th amendments. It contains the infamous 3/5 Compromise. Originally, for purposes of determining a state's population the national government would count all of the free people in that state and 3/5 of all of the slaves in that state. Native Americans would not be counted. Today, we count everybody and there is no slavery.

Clause 4. When a representative resigns or dies in office, the Governor of that state schedules a special election for that district.

Clause 5: The House of Representatives elects the Speaker of the House to run the House. The Speaker is from the Majority party. The House also has sole power to charge members of the Executive Branch and Judicial Branch with a crime for the purposes of

States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Clause 2: Immediately after they shallbe assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

Clause 3: No Person shall be a Senatorwho shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who

removing them from office.

§ Section 3

Clause 1: The Senate will have two senators from each state. The legislatures of the states will choose its senators for six years. [See the 17th Amendment for a change in this rule. Originally senators were appointed by the state legislators. Today, because of the 17th Amendment, we elect senators] Each senator will have one vote.

Clause 2: The Framers did not want the entire Senate to be subject to a complete change every six years. They believed that experience was necessary in the Senate to deal with foreign affairs. They divided the Senate into three classes so that only a third of the Senate could change every two years.

The first group of senators served just two years.The second group of senators will serve four years.The third group of senators will serve six years.

That way, in the future, every two years, one third of all the senators would be chosen. After that initial term, senators were appointed for a term of six years.

If a senator resigns or dies, or is removed from office, then the legislature of the state may choose a new senator in his place. If the legislature is not meeting at that time,the governor may appoint someone to be a temporary senator. When the legislature meets again, it will elect new senator. [See the 17th Amendment for a change in this rule. Today, if a senate seat becomes vacant, the Governor of that state may appoint a new senator.]

shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

Clause 4: The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

Clause 5: The Senate shall chuse theirother Officers, and also a President protempore, in the Absence of the VicePresident, or when he shall exercise theOffice of President of the United States.

Clause 6: The Senate shall have the solePower to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Clause 7: Judgment in Cases ofImpeachment 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 liableand subject to Indictment, Trial, Judgment and Punishment, according to Law.

§ Section 4

Clause 3: A person must be at least 30years old to be a senator. The person must have been a citizen of the United States for nine years. He must live in the state where he is elected senator.

Clause 4: The Vice President of the United States runs the meetings of the Senate. When the Vice President is running those meetings he/she is called the President of the Senate. The Vice President does not vote unless there is a tie.

Clause 5: The Senate can make other officers. They also appoint a senator to run the Senate meetings when the Vice President is not available. This senator is known as the President pro tempore (for a time). The President pro tempore is from the majority party and is usually the most senior senator of the majority party.

Clause 6: The House of Representatives has sole power to impeach, that is, accuse a member of the executive or judicial branch of a crime. When that happens the trial is held in the Senate and the Senate acts as the jury. When Senators try impeachment cases they take an oath or affirmation that they will try the case fairly. When the president is impeached, the Chief Justice of the United States Supreme Court is the judge of the trial. Two-thirds of the Senators have to vote to convict to remove from office.

Clause 7. When a person is convicted in an impeachment trial in the Senate, the punishment is removal from office and they are disqualified from holding another position in the government. They do not go to jail. However they can be subject to criminal charges in another

Clause 1: The Times, Places and Mannerof holding Elections for Senators andRepresentatives, shall be prescribed ineach State by the Legislature thereof;but the Congress may at any time by Lawmake or alter such Regulations, except as to the Places of chusing Senators.

Clause 2: The Congress shall assembleat least once in every Year, and suchMeeting shall be on the first Mondayin December, unless they shall by Lawappoint a different Day. (Changed by the 20th Amendment)

§ Section 5

Clause 1: Each House shall be theJudge of the Elections, Returns andQualifications of its own Members, anda Majority of each shall constitute aQuorum to do Business; but a smallerNumber may adjourn from day to day,and may be authorized to compel theAttendance of absent Members, in suchManner, and under such Penalties as each House may provide.

Clause 2: Each House may determinethe Rules of its Proceedings, punish itsMembers for disorderly Behaviour, and,with the Concurrence of two thirds, expel a Member.

Clause 3: Each House shall keep aJournal of its Proceedings, 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.

court.

§ Section 4

Clause 1: Each state’s legislature willdecide where, when, and how to hold elections for senators and representatives. However, Congress can set the date for federal elections. Today, elections are held on the first Tuesday after the first Monday in November.

Clause 2: Congress is required to meet at least once per year. Originally this date was the first Monday in December. This was changed by the 20th amendment. Congress is required to meet at noon on January 3rd.

§ Section 5

Clause 1: The House of Representatives has sole authority to determine if its members are qualified and have been properly elected. The Senate has the same power regarding its members. In order to conduct business each house needs a quorum—that is, one more than half. Members of the House and the Senate can compel absent members to attend and can set up penalties for those who don’t.

Clause 2: Members of the House and members of the Senate cannot be impeached. However, each house can punish its members for bad behavior and on two-thirds vote, expel a member.

Clause 3: Each house is required to keep a written record or journal of its meetings and they are required to publish that record so that the public can

Clause 4: Neither House, during theSession of Congress, shall, without theConsent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

§ Section 6

Clause 1: The Senators andRepresentatives shall receive aCompensation for their Services, to beascertained by Law, and paid out of theTreasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

Clause 2: No Senator or Representativeshall, during the Time for which he waselected, be appointed to any civil Officeunder the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased 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.

see it. Today this journal is called the Congressional Record. Each house may keep certain parts of their proceedings private, if in their judgment it requires secrecy. If one fifth of the members present at a meeting ask, the votes of the members will be recorded in the journal.

Clause 4: While Congress is in session, one house may not take time off from work for more than 3 days unless the other house agrees. One house can’t change the place it meets unless the other house agrees.

§ Section 6

Clause 1: Senators and Representatives get paid for their services by the United States Government. Under the Articles of Confederation, representatives to the Confederation Congress were paid by the states. Senators and Representatives cannot be arrested for crimes while Congress is in session or going to or returning from Congress unless the crime involves treason, a felony, or a breach of the peace. They also cannot be punished for anything they say on the floor of Congress.

Clause 2: Senators and representatives may not hold any other job in the United States Government while they are a Senator or a representative.

§ Section 7.

Clause 1: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Clause 2: Every Bill which shall havepassed the House of Representativesand the Senate, shall, before it becomea Law, be presented to the President ofthe United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.But in all such Cases the Votes ofboth Houses shall be determined byyeas and Nays, and the Names of thePersons voting for and against the Billshall be entered on the Journal of eachHouse respectively. If any Bill shall notbe returned by the President within tenDays (Sundays excepted) after it shallhave been presented to him, the Sameshall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Clause 3: Every Order, Resolution, orVote to which the Concurrence of theSenate and House of Representativesmay be necessary (except on a questionof Adjournment) shall be presented to the President of the United States; and

§ Section 7.

Clause 1: All bills creating or raising taxes must start in the House of Representatives. However the Senate may propose amendments to such bills just like any other bill.

Clause 2: Bills have to pass both houses in order for them to become law. Once a bill is passed by both houses it goes to the president. The president ca do one of three things:

1. He/she can sign it. If the president signs a bill it becomes law.

2. The president can veto the bill (object to the bill). If the president vetoes a bill, he returns it to the house of Congress where it started with his written objections. The house must enter the president’s objections in its journal. Congress can override a president’s veto by a two-thirds vote in each house.

3. The president can do nothing. The president has ten days (not counting Sundays) to sign a bill. If the bill is not signed within that time it automatically becomes a law, unless Congress has adjourned within the ten days and the president could not return the bill. In that case the bill is deemed vetoed. This is called the “pocket veto”.

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 theRules and Limitations prescribed in the Case of a Bill.

§ Section 8

Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Clause 2: To borrow Money on thecredit of the United States;

Clause 3: To regulate Commerce withforeign Nations, and among the severalStates, and with the Indian Tribes;

Clause 4: To establish an uniform Ruleof Naturalization, and uniform Laws onthe subject of Bankruptcies throughoutthe United States;

Clause 5: To coin Money, regulate theValue thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Clause 6: To provide for the Punishmentof counterfeiting the Securities and

Clause 3; The rules about bills also applies to orders, resolutions or other kinds of votes that need to be done by the Senate and the House of Representatives together. They must be signed by the president and if not signed the president’s veto can be overridden by a two thirds vote in each house.

§ Section 8

Section 8 of Article I outlines the powers of Congress. Remember, under the Articles of Confederation, the national government did not have these powers.

Clause 1: This clause gives Congress the power to tax, specifically to collect taxes on imports and taxes on goods and services. Tax rates need to be the same throughout the United States. Congress also has the power to pay debts.

Clause 2: Congress has the power to borrow money:

Clause 3: Congress has the power to regulate trade with foreign nations and between states. This sometimes called the Interstate Commerce Clause.

Clause 4: Congress has the power to set up laws about immigrants who want to become naturalized citizens and laws about bankruptcies. These laws are the same throughout the United States.

Clause 5: Congress has power to make

current Coin of the United States;

Clause 7: To establish Post Offices andpost Roads;

Clause 8: To promote the Progress ofScience and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

Clause 9: To constitute Tribunals inferior to the supreme Court;

Clause 10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

Clause 11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Clause 12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

Clause 13: To provide and maintain a Navy;

Clause 14: To make Rules for theGovernment and Regulation of the land and naval Forces;

money, to set the value of money, and set the standards for weights and measures.

Clause 6: Congress has the power to make counterfeiting a crime and to set the punishment for counterfeiting.

Clause 7; Congress has the power to establish post offices and postal routes.

Clause 8: Congress has the power to promote science and the arts by giving patents to inventors and copyrights to authors so that they can make money from their creations for a limited time.

Clause 9: Article III of the Constitution establishes the United States Supreme Court. This clause gives Congress the power to create courts under the United States Supreme Court as are necessary.

Clause 10: Congress has power set the punishment for piracy and crimes committed on the oceans against Americans and to set the punishment for international crimes against Americans.

Clause 11: Only Congress has power to declare war. It also has power to grant letters of Marque and Reprisal. In 1789, navies were expensive. Countries could not afford them. A letter of Marque was given to a private ship owner authorizing them to fight and capture enemy ships on behalf of the United States. Congress had power to hire these ships.

Clause 12: Congress has power to create and pay for a national military. However, the amount of money spent on the army must be reviewed every two years.

Clause 13: Congress has power to establish and pay for a navy.

Clause 14: Congress makes the rules

Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Clause 16: To provide for organizing,arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Clause 17: To exercise exclusiveLegislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erectionof Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

Clause 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

§ Section 9

and regulations for the army and navy.

Clause 15: At the time of the writing of the Constitution, each state had its own army, called a militia. Today there are no state militias. Each state has a national guard and a national guard reserve. Congress has the power to take over each state’s national guard in cases of emergency.

Clause 16: Congress has power to organize and equip each state’s national guard. States train their national guard according to the rules established by Congress and states get to appoint the officers of their national guard.

Clause 17: This is the famous clause that gave Congress the power to create a Capital for the United States. It allowed Congress to purchase a 10 square mile area from Maryland and Virginia to create the District of Columbia. Congress governs Washington DC. It is not part of any state. This clause also gave Congress the power to purchase land from the states when necessary to create military bases and naval ports.

Clause 18: This is probably one of the most famous and controversial clauses in the Constitution because it gives Congress the power to do anything that is “necessary and proper” to carry out the powers of Congress and any other powers created by the Constitution in the Federal Government. It is sometimes called the Necessary and Proper clause or the Elastic Clause, or Sweeping Clause, or the Basket Clause or the Coefficient clause because it

Clause 1: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior tothe Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

Clause 2: The Privilege of the Writ ofHabeas Corpus shall not be suspended,unless when in Cases of Rebellion orInvasion the public Safety may require it.

Clause 3: No Bill of Attainder or ex post facto Law shall be passed.

Clause 4: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. (Changed by the 16th Amendment)

expands the power of Congress.

§ Section 9

Section 8 of Article I in the Constitution basically tells Congress what it can do. Section 9 tells Congress what it can’t do.

Clause 1: This is the slave trade clause. It gave Congress the power to ban slave trading (importing slaves into the country). It did not give Congress the power to ban slavery in general and Congress could not ban slave trading until 1808. However Congress could tax the slave trade at $10 for every slave imported into the country.

Clause 2: Congress does not have power to suspend the Writ of Habeas Corpus except in cases of rebellion or when the United States is invaded. A writ simply means a court order. Habeas Corpus is a Latin phrase that means “to have the body”. When someone is arrested, they have the right to be brought before a judge and have an explanation as to why they are being held. If that does not happen, they can ask a judge for a court order (writ) requiring the government to bring them before a judge to explain why they are being held.

Clause 3: Congress may not pass Bills of Attainder or ex post facto laws. A Bill of Attainder is a law that declares that a specific person or group of persons is guilty of a crime. An ex post facto law is a law passed after the fact making something a crime. You cannot be punished for something that was not a crime at the time the act was committed.

Clause 4: Congress was given power to tax by section 8. However taxes had to be set according the proportion of the

Clause 5: No Tax or Duty shall be laid on articles exported from any State.

Clause 6: No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

Clause 7: No Money shall be drawnfrom the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

Clause 8: No Title of Nobility shall begranted by the United States: And noPerson 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.

Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility

Clause 2: No State shall, without theConsent of the Congress, lay any

population of each state. This effectively prohibited an income tax. This clause was changed by the 16th Amendment which allows for income taxes.

Clause 5: Congress is not allowed to tax exports.

Clause 6: Congress has to treat the ports of the United States equally. Congress cannot by regulation or tax favor one port over another. Ships travelling between states do not have to pay taxes to do so.

Clause 7: Congress cannot spend money or draw money from the U.S. Treasury unless Congress passes a law to do so. The United States Government is required to make a public accounting of all money spent.

Clause 8: Congress has no power to grant titles of nobility and no person who works for the United States Government may accept a gift, payment, office or title from a foreign nation without the permission of Congress.

§ Section 10.

Section 10 sets forth what states are not allowed to do.

Clause 1: States are not allowed to: a. enter into treatiesb. Issue letters of Marque and Reprisalc. make moneyd. issue their own bonds for credite. Make silver or gold coins except to pay debtsf. Pass a Bill of Attainderg. Pass an ex post facto law

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 Controul of the Congress.

Clause 3: No State shall, without theConsent of Congress, lay any Duty ofTonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article II

§ Section I.

Clause 1: The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows

Clause 2: Each State shall appoint, insuch Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives 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.

Clause 3: The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the

h. pass a law that affects contracts already in existencei. grant a title of nobility

Clause 2; States are not allowed to do the following unless they have permission of Congress:a. Tax any imports or exportsb. except as necessary for that state’s inspection lawsc. and any such taxes collected go to the treasury of the United States.

Clause 3; States are not allowed to do the following unless they have permission of Congress:a. keep troops or a navy in time of peaceb. make alliances with another state or foreign countryc. go to war unless the state is actually invaded or about to be.

Article II

§ Section I.

Clause 1: Article II creates the executive branch and puts all executive power in the President. The president is elected for a term of 4 years together with a Vice President also for 4 years.

Clause 2: Clause 2 establishes the Electoral College. Each state is entitled to a number of Electors equal to the number of Representatives that state has in the House of Representatives plus the number of Senators that state has (2). Each state can establish the manner in which electors are chosen for the Electoral College, however no current Senator or Representative or any other federal government official may be an elector in the Electoral College.

same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seatof 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 shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more thanone who have such Majority, and have anequal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in likeManner chuse the President. But in chusing 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.In every Case, after the Choice of thePresident, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. (Changed by the 12th Amendment)

Clause 4: The Congress may determinethe Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

Clause 3: This clause was substantially changed by the 12th amendment after the disastrous presidential election of 1800. As originally envisioned Electors would meet in each state and each elector would vote for two persons, at least one of whom would not be a resident of that state. The votes would be sent to the President of the Senate. The President of the Senate would open the votes in the presence of the Senate and the House of Representatives. The person getting the most votes would be president provided the person named as president got a majority of the votes.

If there was tie for the President then the House of Representatives decides who becomes president. In that case each state gets one vote in the House of Representatives. Two-thirds of the states are needed to conduct the vote and whoever gets a majority of the votes is President.

If no one gets a majority of the electoral votes then the House of Representatives decides who becomes President. In that case, the House chooses from among the top five vote getters. Each state gets one vote in the House of Representatives. Two-thirds of the states are needed to conduct the vote and whoever gets a majority of the votes is President.

In every case, the person getting the second most votes in the electoral college or the House of Representatives becomes Vice President. If there is a tie for the Vice President then the Senate chooses the Vice president. This process has been changed by the 12th

amendment.

Clause 4: Congress has the power to set the date that Electors in the Electoral

Clause 5: No Person except a naturalborn Citizen, or a Citizen of the UnitedStates, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Clause 6: In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

Clause 7: The President shall, atstated Times, receive for his Services, aCompensation, which shall neither beencreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Clause 8: Before he enter on theExecution of his Office, he shall takethe following Oath or Affirmation:—”Ido solemnly swear (or affirm) that I willfaithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and

College must meet to cast their votes. That date is the same throughout the United States. Currently, that meeting day is the first Monday after the second Wednesday in December.

Clause 5: This clause sets forth the requirements to be President. It contains the often misunderstood Citizenship requirement. Despite what most Americans belief, a person does NOT have to be born in the United States to be President. A person only has to be a “natural born citizen” or a citizen at the time the Constitution was adopted. Congress has defined a “natural born citizen” as one who by virtue of their birth is an American citizen. Children born to American citizens are natural born citizens no matter where the birth takes place.

To be president one must also be 35 years old and must have lived in the United States for 14 years.

Clause 6: In the event the president dies, resigns, is unable to act as president, or is removed then the Vice President shall act as president. If both the president and Vice President die, resign, are unable or, are removed, then Congress can provide by law who takes over until the disability is removed or a new president is elected. This is known as the Presidential Succession Act and there have been several versions in our history.

Clause 7: The president is paid a salary that cannot be raised or reduced while president. The president is not allowed to receive any other compensation from the United States or any of the states.

Clause 8: The president is required to

defend the Constitution of the United States.”

§ Section 2.

Clause 1: The President shall beCommander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

Clause 2: He shall have Power, by andwith the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Clause 3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

take an oath before starting his job. The oath states as follows:

”I do solemnly swear (or affirm) 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.”

Most Presidents add “…so help me God,” when they take this oath.

§ Section 2.

Clause 1: Section 2 sets forth the President’s powers. The President is the Commander–in-Chief of the Armed Forces of the Unites States. The President can require the written opinion of the head of any of the cabinet Departments. The President also has power to grant pardons to persons in jail for crimes against the United States. He cannot grant a pardon in the case of impeachment.

Clause 2: The president has power to enter into treaties with the advice and consent of the Senate. Treaties require a two-thirds approval by the Senate. The president can also appoint Ambassadors, Consuls, Judges, and Cabinet heads with the advice and consent of the Senate.

Congress can by law give the president the power to appoint lesser officials alone without the consent of the Senate.

Clause 3: If the Senate is not in session so that the president cannot get the

§ Section 3.

He shall from time to time give to theCongress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

§ Section 4.

The President, Vice President and allcivil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

ARTICLE III

§ Section 1.

The judicial Power of the United States,shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

advice and consent of the Senate, then the President can fill any vacancy that happens during that time. Such an appointment lasts only to the end of the next Senate session. These are known as recess appointments.

§ Section 3.

Every year the president is required to give a report to the Congress with recommendations for laws and actions to be passed. This report is known as the State of the Union. In modern times this is a speech that the president delivers to Congress. However, there is no requirement that the president actually give a speech. The president can also call Congress into session during emergencies and can schedule adjournments when the two houses cannot agree on time of adjournment.

The president also meets with foreign ambassadors and representatives.

He is required to make sure the laws of the United States are faithfully carried out and the president commissions all officers of the United States.

§ Section 4.

The president, the vice president, and any other civil officer of the United States can be removed from office through the impeachment process. They can be removed only if found guilty of Treason, Bribery or other high crimes and misdemeanors.

ARTICLE III

§ Section 1.

Article III in section1 creates the United States Supreme Court. All judicial power is vested in the Supreme Court.

§ Section 2

Clause 1: The judicial Power shallextend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversiesto which the United States shall be aParty;—to Controversies between twoor more States;—between a State andCitizens of another State;—betweenCitizens of different States, between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.(See Amendment 11)

Clause 2: In all Cases affectingAmbassadors, other public Ministersand Consuls, and those in which a Stateshall be Party, the supreme Court shallhave original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Clause 3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not

Congress has the power to create lower courts as needed. All federal judges are appointed for life and their salary cannot be reduced while in office.

§ Section 2

Clause 1: Section 2 establishes the jurisdiction of the Federal Courts. The United States Supreme Court has power to decide the following types of cases:

1. All cases about the Constitution2. All cases about the laws of the United States3. All treaties entered into by the United States4. All cases about Ambassadors, Ministers and Consuls5. All cases about admiralty or maritime law6. All cases in which the United States is a party7. All cases between two or more states8. All cases between citizens of different states9. All cases between citizens of the same state claiming title to the same land granted by different states10. All cases between a state or its citizens and a foreign country or its citizens.11. As originally enacted the federal courts also had power to decide cases between a State and citizens of another state or country, but his power was taken away by the 11th amendment.

Clause 2: In all cases about ambassador or those in which a state is a party, the United States Supreme Court has original jurisdiction. In other words, the trial takes place in the Supreme Court. This happens rarely. In all other cases the United States Supreme Court has appellate jurisdiction.

committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

§ Section 3:

Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

Clause 2: The Congress shall have Powerto declare the Punishment of Treason,but no Attainder of Treason shall workCorruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article IV

§ Section I.

Full Faith and Credit shall be given ineach State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Clause 3: The trial of all crimes shall take place in the state where the crime was committed, except for cases of impeachment. If the crime was not committed in a state the trial will take place at a place designated by Congress.

§ Section 3:

Clause 1: Treason is the only crime defined in the Constitution. It is defined as making war against the United States or giving aid or support to the enemies of the United States. No person can be convicted of treason without the testimony of two witnesses to the treason or unless there is a confession in open court.

Clause 2: Congress has the power to create the punishments for treason. However Congress cannot pass a law declaring a specific person guilty of treason (no Bill of Attainder). No such punishment can be imposed on the heirs of the guilty party and no property can be taken from a guilty party except during their lifetime.