CONSTITUTION Preamble: a statement of purpose. No power is granted We the people is a political power that comes from the people.

I. Congress Section 1. The legislative power is vested in congress. They only have power herein granted, Not all power. Section 2. House of representatives must be reelected every two years. States can choose who votes, but limits are put on- if one qualifies for state voting, they are qualified for national voting. 2. Must be at least 25, be a U.S. Citizen for 7 years, and live in the state in which they plan to represent. 3. Census every ten years to determine how many representatives each state gets. 4. If any representative dies or is expelled, etc. An election must be held to replace. Only people can choose so governor, etc. cannot just appoint someone. 5. Speaker of representatives is chosen by the House (usually whichever party is dominant) Section 3. Senate: chosen by the state legislature (Amendment 17*) Each state gets 2 senators, each senator gets 1 vote. Most states have both senators from the same party. 2. Divided senate into 3 groups. Only 1/3 is up for reelection, stay for 6 years. 3. Must be 30 years old, citizen for nine years, like in state you represent. 4. VP is president of the senate. Only presides if the vote ends 50/50. 5. Gets to choose; usually the longest serving from majority party (pro tempre). 6. Jury trial if the house chooses to impeach- senate in charge. Must have 2/3 vote to impeach. 7. If senate votes to convict, they can only remove from office; no further punishment from senate. But if worse crimes are committed, state/federal punishment is applied by others. Section 4. Election procedures: when and where election are held. Congress gives states rights to decide unless congress changes its mind (which it has). 2. Congress must meet once a year, but the date is switched from December to January. Section 5. Quorum is half of congress. Can force people to be there. 2. House and senate make their own rules. Binding, but can be changed. Congress can't be impeached but can be expelled by 2/3 vote. 3. Speeches, debates, vote, etc. are published for the public. 4. Limits the ability for opposite party/house to not show up in order to block a vote. Section 6. Set their own pay. Some leaders make more, but all receive same amount in senate and house. Against arresting other for political reasons. -Cannot be sued for something said during free and open debate. 2. separation of powers.

Section 7. Bills: restriction- if you raise taxes, it must start in the house (because it's for the people). 2. The bill goes from House Senate President. He can either sign or veto. Then it must get 2/3 vote from house and senate to over-ride. President can also ignore it for maximum of ten days, then it automatically becomes legit without a signature. 3. Not everything is a bill. If it is to become or effects the law, president must sign it. If it only effects parties, it doesn't need a signature. Section 8. In Articles of Confederation, government couldn't tax; this gives the governments the power to tax. 2. Power to borrow money. 3. Regulating commerce (or anything to do with trade) 4. Congress decides how you become a citizen of the US. Congress controls bankruptcy laws. 5. Determines currency and regulates value. 6. If you counterfeit money, stamps, etc. it is a federal crime. 7. Post office and roads are congress' responsibility. 8. Copyright, patents- own your ideas, property, congress controls protection. 9. (Article 3*) The only court created is the supreme court, all lower courts are created by congress. 10. Jurisdiction of the state cannot punish pirates. That is congressional duty. 11. *Power to declare war. Grant letters..: You can build your own ships and attack. 12. Congress can draft/raise an army to keep Army from getting too strong. 13. Can maintain Navy. 14. Can decide rules for armed forces. 15. State Militia: National Guard. Can be called to national service. Congress has power to call them. 16. Congress helps pay/train, but states train and choose leaders. 17. District: Washington D.C. Is not a state. Where government buys land, congress owns. 18. Necessary and proper/ Elastic clause. Congress can pass anything deemed necessary and proper, but it must be connected to an actual power from previous clauses. Stretched to give congress power. Section 9. Congress is not allowed to interfere with slave trade until 1808 (then abolished immediately. Mainly wrote this clause in to get the South to support constitution). 2. Cannot take away privilege of Habeas Corpus* 3. Cannot punish you without letting you fight it (ex. Speeding tickets). 4. Used to head tax (money per person), prohibits that power. 5. No tax on exports. 6. Congress cannot show bias toward one state.

7. Congress cannot spend money unless it can be shown where it is spent. 8. Cannot be bribed (reason of this clause is fear of England's government). Section 10. Foreign Policy powers are denied to states. Coinage powers go to congress. Essencially, anything congress can't do, neither can states. 2. If congress agrees, individual states can check what goes in/out of state but a tax must go to federal government. 3. More foreign policy; relationships of states. II. President Section 1. Executive power is vested in the president only. 2. Electoral College. State Legislature decides how to pick electors before election. 3. (Amendment 12*) 4. Congress decides when election are held. 5. Must be a born citizen of the US. 6. What if the president dies/impeached? Clause says powers and duties go to VP (Amendment 25*). 7. Congress sets president's pay, but can't raise/drop during term. 8. *Oath for president. Section 2. First power: Head of military (Commander in Chief) Principle Advisers (Cabinent) had no real power, but president can use their opinion if he chooses. Has judicial power over federal crime except impeachment. 2. Treaties and appointments- President negotiates treaties with foreign powers, but 2/3 congress must agree. 3. Recess Appointment- If senate isn't there to confirm, president can temporarily appoint. Section 3. State of the Union (how is the country doing? Mandatory.) can suggest legislature. Could call a special session and say when to take a recess. (Not so significant today). Receives Ambassadors: Recognition. Can kick out foreign powers, etc. Must faithfully enforce laws. Section 4. Gives grounds of impeachment. III. Courts Section 1. Judicial power is granted to supreme court. Judges who are appointed can hold their office through good behavior for life or until impeachment. Can raise salary, but cannot diminish it. Section 2. Jurisdiction: who can hear which trial? Federal courts can only take care of federal crimes. Idea of unbiased judge. Don't want states to interpret treaties or maritime. Who is involved? 2. If certain individuals have original jurisdiction, not appellate, congress can change so that supreme gets appeal.

3. Trial by jury. Held where crime was committed. Right to jury trial. Section 3. Treason: must have 2 witnesses. 2. Congress can punish treason with anything (even execution) but cannot punish family, too. IV. Relations Among States Section 1. Full faith and credit. Every state must recognize laws, provisions, etc. from every other state. Section 2. For the most part, if you are a citizen of one state, you are a citizen of all. (Exceptions: out of state tuition, hunting licenses). 2. Someone commits a crime in one state and escapes, there is an obligation to return criminal to original state. 3. Slavery (Amendment 13*) tried to prevent states from harboring slaves. Section 3. To become a state, must apply to congress. Congress cannot combine/split states without state's consent. 2. Congress has control over territories. Section 4. Every state must have representation government. Federal government must assist if rebellion occurs within states. V. Amendment Amendment process: 2/3 vote in congress proposed or 2/3 of states propose. Ratification: vote from state legislatures or a convention in states must be called with vote. No state can lose equal representation in senate unless all states agree. VI. Debts If you loaned money for Civil War, you will still be paid back. 2. Supremacy Clause: US constitution is very top Federal laws/treaties State/Court laws Everything must follow constitution. 3. Oath of office (President's oath Article II, Section 1*) anyone with power must take an ouath to defend constitution. There will be no religious qualification, and no one can be denied because of their religion. VII. Ratification (No future) Stating that any state can consent to agree with constitution.

AMENDMENTS

I. Establishment clause. No tax supported religion within the US. (separation of church and state). Free exercise of religion. Freedom of speech, freedom of press. (anyone can publish anything). Peaceful Assembly: right to petition government if you think you've been wronged (meetings, parades, etc. as long as they're peaceful, its alright). II. Individual right, not militia's right to bare arms. (with limitations) *none of these rights are absolute, legislature can make provisions for each. III. Housing of troops. Citizens cannot be forced to take care of soldiers. IV. Natural right: secure in their persons right of privacy. No absolute right to privacy, but to protect natural right, government must use a search warrant (reasonable search). V. Can be executed for a capitol crime. If you're on trial, must have enough hard evidence to prove crime was committed this doesn't apply to the military. Cannot be accused of the same crime twice; after acquitted. Cannot be forced to testify against yourself. If government takes away life, liberty, or property, they must go through due process. Nor shall private property be taken without just compensation: Eminent Domain. VI. Speedy and public trial (Article 3* right to trial). Cannot move around to make it easier to convict. Must be able to know exact charge. Right to confront witnesses. Right to an attorney; and to have the assistance of counsel for defense. VII. Right to a jury trial for civil cases (non criminal). VIII. Bail can get you out of jail to continue life while trial is being thought out. Excessive bail or fines can not be put in place, but bails can be denied. Courts and judges decide what is considered cruel and unusual punishment.

*V, VI, VIII are rights of someone who has been accused of a crime. IX. Stating that some rights are not listed, but not all are. X. Clarification: give some comfort to states unless we gave congress special powers or deny the states of some power, all goes to states or people. (Reserved powers) XI. Individual states cannot be sued without consent. People cannot sue state within federal court. The state/federal has power to ignore cases. This prevents individuals from skewing the government with repeated suing. XII. Electoral College. 2 ballots one for president and VP. (Not making the highest voted president and second highest VP) 270 votes in electoral college to win president. XIII. Outlaws slavery (first time the word slavery appears). Can force someone to do work as a punishment, but buying/selling is illegal. XIV. Naturalization: how to become a citizen of the US. Defines citizenship (anyone born or naturalized). 2. In states that didn't allow blacks to vote, congress will take away representation resulting in lower representation in House. (This was never acted upon.) 3. If you participated in the rebellion, you could not hold any seat in government (state, federal, etc.) 4. The money loaned to help the confederacy during the civil war will be seen as void and there would be no obligation to be paid back, but the South had to help pay back debts for the North. XV. Grants blacks the power to vote. Cannot use race as a determining factor of who can vote. *XIII, XIV, XV are known as Civil War Amendments. Used to punish South. XVI. Congress get the power to tax income (federal income tax). XVII. Direct election of senators first chosen by state, now by the people. If vacancy/death/drop-out the state chooses how to fill until next election. Most states just have the governor decide. XVIII. PROHIBITION XIX. Grants women the right to vote. Cannot use sex as a determining factor of who can vote. XX. Shortened length between election and when president takes office. Also changes when congress meets.

3. If there is a messed up election.. 6. Ratified. XXII. Repeals Prohibition. Cannot have a national prohibition, but states can have their own specific laws dealing with prohibition. XXII. No person can be elected more than twice. XXIII. Grants Washington D.C. 3 votes for presidential election. (Electoral College) It is not a state, so there is no representation in congress. XXIV. Some states would tax to vote in order to discriminate. Became illegal in federal election, but can deny voting within states. XXV. VP replaces president if he dies/removed. 2. Vacancy in VP position: the president nominates someone and a majority vote is taken in both houses. 3. If president has surgery, he must write a letter to congress saying I allow the VP to temporarily take over. He reclaims power when he is back. 4. If it is unclear whether the president is able to do his job, 2/3 vote in congress decides. XXVI. When states decide who votes, 18 is the age which can vote. XXVII. Controls congress' pay. If they raise the pay, they must be reelected.