Guided Reading Review of the United States Constitution (1787, ratified 1788) and the Bill of Rights (1789, ratified 1791)

Preamble. The Purpose of the Constitution

Article I. The Legislative Branch (longest article – why?)

  • Section 1. Grant of All Legislative Powers to Congress
  • Section 2. The House of Representatives
    • Elections – every 2 years
    • Qualifications – age of 25, citizen for 7 years, resides in state in which elected
    • 3/5ths procedure (later changed): …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.
    • Speaker of the House
  • Section 3. The Senate
    • 2 Senators from each state, 6 year terms, rotation every 2 years
    • Qualifications – age of 30, citizen for 9 years, resides in state in which elected
    • Vice President of the United States is President of the Senate; only votes if there is a tie
    • Otherwise, officer: President pro tempore
    • Impeachment Trials happen here (Articles of Impeachment passed in House, Senate trail to convict/remove)
  • Sections 4 & 5. Election of Legislators, and Procedural Matters
    • Times and places prescribed by the states
    • Quorum / Rules Committee
    • Congressional Recordkeeping required
  • Section 6. Payment of Senators and Representatives and Privileges
    • They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at session…
    • …and for any speech or debate in either house, they shall not be questioned in any other place.
    • Cannot serve in any other branch of government
  • Section 7. Procedure for Creating Laws
    • Tax bills originate in the House
    • See diagram (Danzer, 157)
  • Section 8. Enumeration of All Powers Granted to Congress
    • Specific powers given to the federal government
    • National capital
    • Elastic Clause – To make all laws which shall be necessary and proper …
  • Section 9. Specific Limitations on Congress
    • Slave trade shall not be prohibited before 1808
    • Habeas Corpus may not be restricted “unless when in cases of rebellion or invasion the public safety may require it”
    • No ex post facto laws
    • No export taxes
    • No titles of nobility
  • Section 10. Powers denied to states
    • Cannot enter into treaties or alliances, cannot coin money
    • No import or export taxes
    • Cannot quarter troops or engage in war

Article II. The Executive Branch

  • Section 1. The President and the Electoral Process
    • Four year term
    • Electoral College (see electoral college handout)
    • Method of electing the President & Vice President – changed by the 12th amendment
    • Qualifications – Natural-born citizen, age of 35, resident of the U.S. for at least 14 years
    • Succession (vague/updated with 25th Amendment)
    • Salary
    • Oath of Office (“so help me God” added by Washington)
  • Sections 2 & 3. Enumeration of All Powers Granted to the President
    • Commander in Chief
    • Treaties and Appointments with the “advice and consent” of the Senate
    • State of the Union (not an address like today until Woodrow Wilson)
    • Can call Congress into session
  • Section 4. Impeachment of Civil Officers

Article III. The Judicial Branch – Most vague / First action of the New Congress: Judiciary Act of 1789

  • Section 1. The Federal Courts  - 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.
  • Section 2. Jurisdiction and Trial by Jury
  • Section 3. Treason

Article IV. The Federal Relationship

  • Section 1. States to Respect Each Others' Acts
    • Full faith and credit clause
  • Section 2. Interstate Treatment of Citizens – Citizenship, Extradition and Fugitive Slave Law (changed by 13th Amendment’s prohibition of slavery)
  • Section 3. U.S Territories and New States – used the same rationale as the Northwest Ordinance
  • Section 4. Duties of the U.S. Government Toward the States

Article V. Process for Amending the Constitution

  • 2/3rds of Congress deems necessary or on the application of 2/3rds of state legislatures
  • Convention for proposing amendments
  • Ratified by 3/4ths of states (or in convention)

 

Article VI. Supremacy of the National Government

  • Section 1. Responsibility for Debts
  • Section 2. Supremacy of Federal Law and Treaties
  • Section 3. Oaths of Office to Support the Constitution
    • “…but no religious test shall ever be required as a qualification to any office or public trust under the United States.”

Article VII. Ratification of the Constitution – 9 of 13 required to ratify

The Bill of Rights:

 

Amendment I. READ IT:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof (debated today); or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

 

Amendment II. Militia and Right to keep and bear arms

Amendment III. Protection from quartering

Amendment IV. Protection from unreasonable search and seizure

Amendment V. Due process, protection from double jeopardy, self-incrimination; allowance of eminent domain (no private property taken without just compensation)

Amendment VI. Criminal trial by jury; general rights of accused; “to be confronted with the witnesses against him”; speedy & public trial; right to counsel

Amendment VII. Civil trial by jury

Amendment VIII. Prohibition of excessive bail and cruel and unusual punishment

Amendment IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.