Constitution

35 terms by ayoung8 

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A1 Section 1

Legislative powers lie in House of Reps and Senate

A1 Section 2

House of Reps
-Reps serve for 2 years, run as many times as they want, 25 yrs old, citizen/resident of state they serve
-Powers: all pieces of finance start here, impeachment (formal charge for high crimes and misdemeanors with 2/3 to accuse)

A1 Section 3

Senate
-6 year term, 30 yrs old
-Advice and consent: any presidential appointments, justices, treaties
-Impeachment trial (needs majority)

A1 Section 4

Meetings of Congress

A1 Section 5

Need quorum to vote with Congressional Record on every debate, both houses must agree to adjourn

A1 Section 6

Senate can vote on their own salaries for next term, can't hold any other federal office

A1 Section 7

Bill --> Law
Proposing: 2/3 of states legislature or Congress approve
Passing: 3/4 of states legislatures or population of state voting on issue approve
------------
Bills come from local constituents, president, reps, senators
-Starts in House of Reps, 2/3 to approve
-Sent to Rules Committee - read it, put in correct format, make sure there's no overlap, can kill or pass it
-If passed, sent to Special Committee - experts on that subject, can kill it
-Goes to floor debate
-Vote
-To Senate Committee, Debate, then Vote
-Sometimes Senate Committee and Special Committee join in Joint Committee to rewrite bill, ensure it gets passed
-If passed, president needs to sign
-If he vetoes, 2/3 vote in Senate can override
-If 10 days left in congressional session, bill becomes law without a signature
-Less than 10 days left, bill is vetoed POCKET VETO

A1 Section 8

Powers of Congress
-Lay and collect taxes
-Pay debt
-Borrow money on credit of US
-Regulate commerce
-Establish uniform Rule of Naturalization, coins, laws
-Establish Post Offices
-Patents and Copy Rights
-Establish federal courts
-Declare war
-national guard as part of national defense
-Make all laws necessary and proper to enforce aforementioned

A1 Section 9

Powers denied to Congress
-Habeas Corpus (writ shall not be denied, can't be thrown in jail without reason)
-Can't treat states differently

A2

Executive
-35, natural born citizen
-Electoral college
-Most power in foreign policy, treaties with consent of Senate
-Mostly influential stuff in domestic policy
-Can make appointments with consent of Senate
-Can make certain executive decisions without legislative approval

A3

Judicial

A4

Citizens have same rights and privileges of their states when they enter another state

First Amendment

Speech, press, assembly, redress of greivances, religion (two clauses: Establishment and Free Exercise)

Establishment Clause

no established religion under the state

Free Exercise Clause

you can publicly exercise your religion

Second Amendment

Right to bear arms, militia of the state

Third Amendment

Quartering Act

Fourth Amendment

Rights against unreasonable search and seizure
Must have warrants (from reasonable suspicion or exigency)

Fifth Amendment

Prior to the conviction
Double Jeopardy Clause, can't be witness against yourself, due process, private property can't be taken without compensation, must be formally charged (eminent domain, power to take private property for public use)

Sixth Amendment

Criminal prosecutions, post conviction
-No shipping you overseas
-Speedy and public trial
-Confronted by witnesses
-Know cause and accusation
-Does not say gov. will pay for defense
-Equal Protection Clause post civil war
-Have assistance of Council

Double Jeopardy Clause

cannot be tried for the same crime twice

Seventh Amendment

Law suits

Eighth

Cruel and unusual punishment, no excessive fines

Ninth

If the rights aren't listed, people can still have them

Tenth

Rights not in Constitution nor disallowed are given to states or people

13th

Frees slaves and no involuntary servitude

14th

Equal protection under the law

15th

Allows black men to vote

19th

Women can vote

26th

18 years to vote (Vietnam War)

Checks and Balances Between Federal Powers

-Impeachment (L on E)
-Veto (E on L)
-2/3 Overriding Veto (L on E)
-Judiciary deeming laws unconstitutional (J on L)

Powers of the State

Anything federal gov hasn't prohibited or mentioned
-Traffic
-marriage
-Controlled Substances
-Education
-Land Use

Checks on People

-Electoral College
-Old way of non-direct election of senators by members of state legislature)

Bill of attainder

Can't be charged, convicted, punished without due process

Elastic Clause

Broad powers to the government so it can carry out aforementioned powers "necessary and proper"

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