APUSH: The Constitution #1

Article V: Amending the Constitution

**2/3 OF BOTH HOUSES MUST PASS, AND 3/4 OF ALL STATE LEGISLATURES MUST RATIFY ANY AMENDMENT TO THE CONSTITUTION.*

powers of the vice president

-**PRESIDENT OF THE SENATE* (BUT CAN ONLY VOTE IN CASE OF A TIE). -**FIRST IN LINE TO SUCCEED THE PRESIDENT.*

electoral college

-each state has a number of electors equal to their number of congressmen (Representatives + Senators). -originally those electors were chosen by state leaders and they would meet to elect the president. Today's Electoral College: -each state still has a number of ELECTORAL VOTES equal to their number of congressmen. -people of the state select their choice for president. -**THE CANDIDATE WHO WINS A PLURALITY (THE MOST) OF THE STATE'S POPULAR VOTE (VOTES OF THE PEOPLE) WINS ALL OF THAT STATE'S ELECTORAL VOTES.* -to be elected president, a candidate must win a MAJORITY (over 50%) of the ELECTORAL vote. -there are 538 total electoral votes: 435 Representatives + 100 Senators + 3 District of Columbia (23rd Amendment) = 538. -**278 ELECTORAL VOTES ARE NEEDED TO WIN.* -electors still meet to cast the official vote. -this is an INDIRECT system.

THE 27TH AMENDMENT (1992)

-if Congress votes themselves a pay raise, it cannot take place until after the next congressional election. -originally proposed in 1789 but forgotten until 1992.

Article I: The Legislative Branch POWERS AND DUTIES: EXCLUSIVE POWERS OF THE HOUSE OF REPRESENTATIVES:

-pass bills. -impeach federal officers. -select the president when no candidate wins a majority of electoral votes. -start all revenue (tax) bills.

Article I: The Legislative Branch POWERS AND DUTIES: EXCLUSIVE POWERS OF THE SENATE:

-pass bills. -try all impeachment cases. -approve presidential appointments. -select vice president when no candidate wins a majority of electoral votes.

delegated powers (federal)

-regulate INTERSTATE and foreign trade. -carry on foreign relations. -provide army and navy. -declare war. -coin and print money. -establish and run post office. -write citizenship laws. -set standards of weights and measures.

reserved powers (states)

-set up local governments. -conduct elections. -establish and run schools. -pass marriage, divorce, and most criminal laws. -charter and regulate INTRASTATE commerce.

concurrent (shared) powers

-tax. -borrow money. -set up courts. -make laws.

Article I: The Legislative Branch POWERS AND DUTIES: POWERS DENIED TO THE CONGRESS:

-the slave trade could not be prohibited before the year 1808. -no bills of attainder or ex post facto laws shall be passed. -no capitation (head) tax shall be passed. -no tax or duty on exports. -privilege of writ of habeas corpus cannot be suspended unless in case of rebellion, invasion, or protection of public safety requires it. -elected officials cannot accept titles of nobility nor gifts from foreign leaders.

how a bill becomes a law

1) **THE BILL IS INTRODUCED: *a bill may begin in either the House or Senate, or in both simultaneously (except for revenue bills which must originate in the House). only a member of the House or Senate can introduce a bill, though the idea for a bill can come from a variety of sources (the president, interest groups, state, and local officials, private citizens, etc.). 2) **SENT TO THE COMMITTEE: **most of the work is done in the committees. the bill is assigned to the appropriate committee, then subcommittee where the bill may simply be TABLED, or killed. if it's not tabled, the committee holds hearings on the bill, calling in qualified witnesses to lend their expert opinions. at this point the committee may decide to amend or change the bill. after hearings, the committee votes on the bill. if a majority votes against the bill, it dies in committee. if the vote is favorable, it moves to the full House or Senate. MOST BILLS THAT ARE INTRODUCED IN CONGRESS DIE IN COMMITTEE. 3) **DEBATE AND VOTE: *bill debated by the full House or Senate where members may vote to attach amendments (changes). after debating and amending the bill, a vote is taken. if a majority of the full House or Senate votes against, the bill is dead. **IF IT PASSES, IT IS SENT "ACROSS THE HILL" TO THE OTHER HOUSE. 4) **DEBATE AND VOTE IN THE OTHER CHAMBER: *since a bill must pass both houses of Congress to become a law, once it passes through one house it is sent to the other. there again it is debated, amended, and a vote is taken. if the vote is "no," the bill is dead. if approved, it moves to a conference committee. 5) **CONFERENCE COMMITTEE: *before a bill can be sent to the president, **THE EXACT SAME VERSION OF THE BILL MUST BE APPROVED BY BOTH HOUSES OF CONGRESS. usually, due to the debating and amending process, the House and Senate will pass different versions of the same legislation for the first time through. in that case a **CONFERENCE COMMITTEE is formed of members of both houses to decide on a compromise. the new, compromised version is then sent back to the full House and Senate. 6) **NEW VOTE IN BOTH HOUSES: *the compromise bill is then voted on in the House and Senate. if either house rejects the bill, it is dead. if both approve the bill, it is then sent to the president. 7) **THE PRESIDENT: *has three options once he receives the bill: -**SIGN IT: the bill becomes law. -**VETO IT: bill is dead unless 2/3 of both houses vote to override the veto, in which case it becomes law without his signature. -**HOLD IT: after 10 days, (a) if Congress is still in session, the bill becomes law without the president's signature, or (b) if Congress is no longer in session, the bill is dead. this is a POCKET VETO.

civil liberties

1. forbids passage of **EX POST FACTO LAWS (trying someone for violating a crime that was committed before the law was passed). 2. forbids **BILL OF ATTAINDER (punishment without a trial). 3. requires **WRIT OF HABEAS CORPUS (one must be formally charged of a crime and told of the evidence against them when arrested).

executive branch

ENFORCES THE LAW. -can veto laws. -influences public opinion. -calls special sessions of Congress. -controls how executive departments enforce laws. -appoints judges. -enforces court orders. -can pardon people convicted of federal crimes.

judicial branch

INTERPRETS THE LAW. -once appointed, judges are free from President's control. -Supreme Court can declare President's actions unconstitutional. -Courts can decide on the meaning of laws that are passed by Congress. -can rule that a law is unconstitutional.

legislative branch

MAKES THE LAW. -President, Judges, and other officials can be impeached. -Senate approves presidential appointments. -Senate ratifies treaties. -Senate approves appointment of judges. -Congress can override President's vetoes. -Congress holds "power of the Purse." -Congress sets the number of justices on the Supreme Court. -Congress can propose amendments to counteract Supreme Court decisions.

powers and duties of the president

a) **EXECUTIVE:* 1. appoint government officials. 2. execute laws. 3. oversee and administer cabinet and other government agencies. 4. prepare budget. b) **LEGISLATIVE:* 1. propose laws and programs to Congress. 2. approve or veto bills. 3. call special sessions of Congress. 4. deliver "state of the union" address. c) **JUDICIAL:* -appoint federal judges. -grant pardons.

Article III: The Judicial Branch Federal Courts

a) The Supreme court 1) currently **NINE JUSTICES.* 3) **APPELLATE JURISDICTION* (deciding a case that has already been heard in a lower court). b) Court of Appeals -**APPEALLATE JURISDICTION only - Court of Appeals only hears appeals of cases that were originally tried in federal district court.

Article I: The Legislative Branch THE HOUSE OF REPRESENTATIVES a) total number of representatives? b) how long is a term? c) age qualification?

a) membership: -total number of representatives: **435 b) term: **2 YEARS d) qualifications: -**MUST BE AT LEAST 25 YEARS OLD. -must be a U.S. citizen for at least 7 years. -must be a resident of the state in which you are elected (living there is not required).

Article I: The Legislative Branch THE SENATE a) total number of senators? b) how long is a term? c) age qualification?

a) membership: **TWO PER STATE (100) b) term: **6 YEARS d) qualifications: -**MUST BE AT LEAST 30 YEARS OLD. -must be a U.S. citizen for at least 9 years. -must be a resident of the state in which you are elected.

THE 13TH AMENDMENT (1865)

abolishes slavery.

THE 9TH AMENDMENT

certain individual rights not specifically mentioned in Constitution may still be protected.

THE 14TH AMENDMENT (1868)

citizenship for all people.

Article I: The Legislative Branch POWERS AND DUTIES: JOINT POWERS:

delegated/enumerated powers that are listed in section 8 of Article I. -law and collect taxes and pay debts. -borrow money. -coin & regulate money. -provide for common defense & welfare. -pass copyright laws. -pass maritime laws. -pass citizenship laws. -raise an army and a navy. -declare war. -maintain internal peace. -regulate interstate & foreign trade. -fix standards of weights & measures. -establish post office. -establish lower courts. -regulation of land. -legislate the seat of government. -"To make all laws which shall be necessary and proper for carrying into execution the foregoing powers..."

THE 1ST AMENDMENT (Bill of Rights established 1791)

freedom of religion, speech, press, peaceful assembly, petition government for redress of grievances.

elastic clause

gives Congress the power "to make all laws NECESSARY AND PROPER...". provides Congress with IMPLIED POWERS, allowing them to stretch their powers beyond those that are specifically stated in Article I of the Constitution.

THE 7TH AMENDMENT

in civil cases involving over $20, you have the right to a jury trial.

THE 8TH AMENDMENT

no cruel and unusual punishment. government can't impose excessive bail or fines.

THE 3RD AMENDMENT

no housing soldiers in private homes without consent of the owner.

THE 4TH AMENDMENT

no unreasonable searches and seizures.

THE 10TH AMENDMENT

reserved powers: powers not specifically given to Congress,nor prohibited from the states, are reserved for the states.

THE 6TH AMENDMENT

right to a speedy trial.

THE 2ND AMENDMENT

right to bear arms.

THE 5TH AMENDMENT

rights of the accused: -cannot be charged with a serious crime without first being indicted (formally charged) by a grand jury. -once proven innocent, one cannot be charged again with the same crime (double jeopardy). -cannot be forced to testify against oneself. -cannot be deprived of life, liberty, or property without due process of the law. -government cannot confiscate property without providing compensation.

ARTICLE II: THE EXECUTIVE BRANCH: THE PRESIDENT: term? qualifications? line of succession?

term: **4 YEARS* qualifications: -**MUST BE AT LEAST 35 YEARS OF AGE.* **LINE OF SUCCESSION:* -**VICE PRESIDENT*

THE 15TH AMENDMENT (1870)

voting rights for all men (not women).