TITLE LAYOUT

Subtitle
 THE PREAMBLE
We the people, of the United States of America in order to form a more perfect union,
establish justice, insure domestic tranquility. Provide for the common defense.
Promote the general welfare, and secure the blessings of liberty, to ourselves and our
posterity do ordain and establish this Constitution for the United States of America.
 THE SIX PRINCIPLES OF THE US
CONSTITUTION
1.) Popular Sovereignty
2.) Rule of Law/Limited Government
3.) Separation of Powers
4.) Checks and Balances
5.) Federalism
6.) Supremacy of the constitution
 POPULAR SOVEREIGNTY
Popular sovereignty: The political theory that government is created by and
subject to the will of the people.

The citizens of the country are in charge of the government and how it is run
Allows the people to make the decisions that will effect them as citizens
 RULE OF LAW/LIMITED GOVERNMENT
Limited Government: Government is NOT all powerful and only posess the
powers given to it by the people

Government officials must obey the same laws as citizens

Government must be conducted according to constitutional principles
Constitutionalism: Adherence to the laws governing people set forth by the
constitution
 SEPARATION OF POWERS
Separation of Powers: The distribution of the powers of the national
government into three branches giving each of the branches specific powers

Legislative
Executive
Judicial
 CHECKS AND BALANCES
Checks and Balances: each branch is subject to a number of Constitutional
restraints (checks) in which it can check the operations and balance the power
of the other two branches
Although the branches have separate powers they are joined together by their
ability to check one another.
 FEDERALISM
Federalism: The division of power among a central government and several
regional governments

Protects the power of the national government, while maintaining individual rights
along with the reserved rights and powers of the state government
 JUDICIAL REVIEW/SUPREMACY OF THE
CONSTITUTION
Judicial Review: Power of the supreme court to challenge constitutionality.

The supreme court can declare an act, law, or court case ruling unconstitutional
Judicial review can declare illegal, null and void of no force and effect a
government action it deems to violate some provision of the Constitution
 ARTICLE ONE
Section One: Congress will be divided into (2) houses
Lower House: House of Representatives- representation based on population
Upper House: Senate-Representation equal (2 members per state)
Section Two:
House of Representatives: 25 years old, Citizenship of 7 years, must live in the
state for which you seek representation
Members of the House of Representatives must be elected every (2) years by the
citizens of that state
Direct taxes and representation based on population of the state
Direct Tax: Taxes paid directly to the government (income tax)
 ARTICLE ONE
Section Two: Population determined by adding all free people (male and female)
including indentured servants and 3/5 of slaves. (native americans were not included)
Every 10 years the federal government will officially count the population in order to
keep accurate track of population for purposes of representation in the House of
Representatives
Members of the House of Representatives select a leader or the Speaker of the
House
If neither the President nor Vice President is able to fulfill their duties, the Speaker of
the House becomes the President.
Census: The official count of the population done every 10 years in the United
States, which details age, sex, property ownership etc. The official registration
of the population of citizens
 ARTICLE ONE
Roles and Responsibilities of the House of Representatives:
1.) House of Representatives have the full power to impeach a government official
2.) The power to initiate bills in an attempt to raise revenue
3.) Choose a president if there is a deadlock/tie in the Electoral College

The current House of Representatives maximum is set at 435 members and each states
representation is proportional to the population of the United States
 ARTICLE ONE
Section Three: The Senate
Each state regardless of size will be given (2) votes in the Senate house
Senators serve for (6) years and each senator has (1) vote

The Senate elections are staggered to insure that there is a Senatorial election
somewhere every (2) years.
 ARTICLE ONE
Section Three: Senator candidates must meet the following requirements
1.) All Candidates must be at least 30 years old
2.) Each Candidate if not US born must have attained Citizenship status for at
least nine years
3.) All candidates must be inhabitants of the state in which they wish to represent
in Congress

The Vice-President of the United States will serve as the President of the Senate,
but he cannot participate except in the case of a tiebreaker
 ARTICLE ONE
The Senate Continued:
Senators must elect a President Pro Tempore to replace the Vice-President if he is
unable to attend or has become the President.
President Pro-Tempore: a high ranking senator selected from the majority
leading party who serves as presider over the US Senator in the absence of the
Vice-President
Senate Majority Leader: Spokesperson for the political party with the majority of
members in the Senate
Senate Minority Leader: Spokesperson for the political party with the minority
(smaller amount) of members in the Senate
Whip: An official in a political party whose primary purpose is to insure party
discipline (whip them into shape)
 Roles and Responsibilities of the Senate:
1.) Senators have the complete power to try ALL impeachments brought forth by
the House of Representatives
2.) The power to make treaties
3.) To review and either confirm or deny presidential appointments

Senators must be elected every six years by the citizens of their respective states
There is currently 100 senators with full voting rights in Congress
 POWERS OF THE LEGISLATIVE BRANCH
1.) Congress has the power to collect taxes, pay off national debts and fund the
military.
2.) To borrow money on behalf of the United States
3.) To control trade within the United States and with other nations
4.) Establish naturalization laws
5.) To coin money
6.) To establish post offices
7.) Copyright protections
8.) Regulate lower courts
 POWERS OF THE LEGISLATIVE BRANCH
9.) Prosecute and regulate international crimes
10.) Declare war
11.) All laws necessary and proper for maintaining the United States
 LEGISLATIVE PROTECTIONS
No suspension of the Writ of Habeus Corpus, unless in cases of rebellion or invasion
which will challenge public safety.
Writ of Habeus Corpus: Latin term meaning bring forth the body is a court
order to a person, agency, or institution, holding someone in custody to deliver
the imprisoned person to the court
A person must come before the judge and the judge will determine if the charges are
valid and if that person is being rightfully held in custody.

Protection from convictions based on Bill of attainder

Bill of Attainder: An act of legislature finding a person guilty of a crime if felony
treason without a trial
 LEGISLATIVE PROTECTIONS
No ex post facto law.
Ex Post-Facto: Latin term meaning, after the fact means it is illegal to be
punished for a crime that is currently illegal but was legal during the time it
was committed. This law also applies to increasing the penalty for a crime
once it is committed

Protection from excessive taxes

Protection from taxes placed on imports
Protection from monarchy
Supremacy of the federal government (lists the things individual states are not
allowed to do)
 IMPEACHMENT
Impeachment: the formal process by which an official is accused of unlawful
activity, the outcome of which, depending on the country, may include the
removal of that official from office as well as civil or criminal punishment

The process of impeachment always begins in: __________________________

The process involves several different steps and any government official who is
accused must stand trial in the Senate
 IMPEACHMENT
1.) The House Judiciary committee decides whether or not there is a reason to
proceed with impeachment

2.) The Chairman of the House Judiciary Committee introduces a resolution to begin a
formal inquiry and investigation into the impeachment

3.) Based on what they find the committee sends a resolution to the entire House of
Representatives formally declaring that the impeachment is valid and including the
Articles of Impeachment, or why an impeachment is not necessary
 IMPEACHMENT
4.) The ENTIRE House of Representatives will then debate each of the articles and
vote on each individual article (Led by the House Rules Committee)

5.) If any of the articles passes with a simple majority, the official becomes officially
impeached

Impeachment is similar to being accused of a crime. The official must go through a

trial which will determine whether or not he/she committed wrongdoing
HOUSE OF REPRESENTATIVES
IMPEACHMENT VOCABULARY
House Judiciary Committee: Charged with the overseeing of the administration
of justice within the federal courts, administrative agencies, and enforcement
entitities
Articles of Impeachment: Formal written allegations against a government
official that detail the misconduct of the official and explain why impeachment is
necessary
House Rules Committee: In charge of determining the rules and procedures in
which bills/resolutions will be introduced and handled on the House floor
 IMPEACHMENT (SENATE PROCESS)
1.) The Senate receives the Articles of Impeachment including the impeachable
offenses
2.) The Senate creates rules and procedures for holding the trial
3.) The trial begins
The President is represented by his attorneys
Members of the House serve as prosecutors
The Chief Justice of The Supreme Court serves as the presiding judge
All 100 Senators serves as the jury
 IMPEACHMENT (SENATE PROCESS)
4.) The Senate will hold a private closed session in which they meet to decide on a
verdict
5.) The Senate in open session will publicly vote on the verdict
6.) A 2/3 majority is needed in order to convict the official
7.) If a 2/3 majority is met the Senate will vote to remove the official from office
8.) The Senate also has the power to vote to forbid that official from holding any other
public office with a simple majority
 IMPEACHABLE OFFENSES
1.) Treason: The Crime of betraying ones country, attempting to overthrow its
government, or aiding its enemies in its destruction

2.) Bribery: Money or favors, given, offered, or exchanged in efforts to influence

the judgement or conduct of a government official or person in power

3.) High Crimes and Misdemeanors: Covers allegations of misconduct peculiar

to officials, such as perjury of oath, abuse of authority, intimidation, misuse of
assets, failure to supervise, dereliction of duty, conduct unbecoming, and the
refusal to obey lawful order
 HOW A BILL BECOMES A LAW
Bills can originate in any of the houses of Congress except bills dealing with
____________________________.

Step 1: The Bill is Drafted: Members of Congress, the Executive Branch, and
members of outside groups can draft a bill
Draft: To write up or create

Step 2: Bill is introduced in the House: The bill is presented to the members of the
House of Representatives. Only actual members of the House can introduce the bill.
 HOW A BILL BECOMES A LAW
Step 3: The Bill is sent to Committee: The Speaker of the House sends the Bill to
Committee
Step 4: Committee Action: Most bills die in committee. The committee has the power
to pigeonhole, table, amend or vote on the bill
Pigeonhole: To put a bill to the side and refuse to move forward with it
Table: Sending a bill to a committee which wont move forward with the bill

Step 5: If the bill passes this point it is sent to the rules committee. The job of the
rules committee is to decide the rules for debate, and when the bill will come up for
debate
 HOW A BILL BECOMES A LAW
Step 6: Floor Action: The house will debate the bill and has the power to add
amendments. If the majority votes in favor of the bill it moves on to the Senate
Step 7: Introduced in the Senate: A Senator introduces the bill which is then sent to
committee
Step 8.) Committee Action: If the bill passes the majority in the Senate Committee is
introduced to the Entire Senate
Step 9: Bill Called up: The Majority floor leader decides when the bill will be called for
debate in the Senate
Step 10: Floor Action: The Bill is debated and amendments may be added. If a
majority votes to approve the bill then it is returned to the House
 HOW A BILL BECOMES A LAW
Step 11: Conference Committee: If the house rejects any of the changes, the bill goes
to a conference committee of members from both houses. They work together to
reach a compromise
Step 12: Vote on the Compromise: Both houses must approve the change made by
the Conference committee, if the changes are approved, the bill proceeds to the
President
Step 13: Presidential Action: The President has the power to either sign the bill or
reject it. If he signs the bill it becomes law.
Step 14: The President has the power to veto the bill. If this happens the bill can still
become law.
 HOW A BILL BECOMES A LAW
Veto: The Constitutional power given to an executive to reject a decision or
proposal made by a law-making body
Congress has the power to override this veto however. If two-thirds of both houses in
Congress agrees to proceed with the bill it becomes law.

Filibuster: The action of prolonging a speech or debate with the goal of

preventing the bill from being voted on and adopted (Senate)
Cloture: The power to end a prolonged debate and call for an immediate vote or
action
3/5 of the Senate must agree to vote for cloture
 ARTICLE II: THE EXECUTIVE BRANCH
The power of the federal executive branch will be given to a President.
The President of the United States shall serve for a term of _____________.
At first there was no limit to the amount of terms but the __________ amendment
places the maximum at 2 terms.
The President has a Vice-President who serves as the second in command and is
prepared to take over as President if for some reason the President can no longer
fulfill his duties.
 HOW DO WE SELECT A PRESIDENT
Electoral College: A body of people who serve as the representatives for the states
who formally cast votes for the election of the President and Vice-President

Each state is given electors equal to the number of members in the House of
Representatives and Senate in that state
HOR (+) Senate = # of electors
No members of either house of Congress from that state is allowed to serve as an
elector
There are 538 total electoral votes in the Electoral college (Washington DC gets votes
even though they arent a state)
In order to win the election a candidate must win 270 electoral votes
 HOW DO WE SELECT A PRESIDENT
Every 4 years registered voters go to their assigned districts and vote for the
Candidate they would like to represent them as President.
When all the votes are counted, the candidate with the HIGHEST amount, or the
majority, receives ALL the electoral votes for that state
Electoral votes are NOT divided among candidates

Also, voters must vote for President and Vice-President separately even though they
run together during the campaign.
The twelfth Amendment changed that ( I will tell you why )
 REQUIREMENTS FOR BECOMING THE
PRESIDENT
1.) You MUST BE A NATURAL BORN CITIZEN OF THE UNITED STATES

2.) You must be (35) years old

3.) You must have been a resident for at least 14 years (think Constitution times) (
Lets talk about what makes a person a citizen (2 ways)

The Vice President must meet the same criteria

 ELECTIONS AND OATH OF OFFICE
Congress chooses the date of the Presidential election and that date shall not change
throughout time, and ALL states must observe this day

Elections are held on the first Tuesday in November, as established by Congress the
Constitution does not state that day.

The President receives a salary while serving in office (currently 400,000) as well as a retirement
check he/she will receive for the remainder of their lifetime

Before they can begin their term as President, they must take the following oath: I do solemnly
swear (or affirm) that I will faithfully execute the office of the President of the United States,
and will to the best of my ability, preserve, protect, and defend the Constitution of the
United States of America.
 PRESIDENTIAL POWERS
The President of the United States is the Commander and Chief of the Army and Navy
The President has the power to grant reprieves and pardons
Can make treaties with the consent of 2/3 of the Senate
Power to make Presidential cabinet appointments, Supreme Court Justices, and any
other positions not specified in the Constitution
Temporarily appoint commissions that will expire at the end of the Senate session
 ARTICLE II: SECTION III
The President is required to give a State of the Union Address in which he informs
Congress of the current status of the nation as well as certain issues he feels needs
to be addressed
The President may call into session one or both houses of Congress in an effort
complete certain legislation as he sees fit

The President of the US receives foreign ambassadors and leaders and is responsible
for commissioning all officers of the United States
 ARTICLE III: THE JUDICIAL BRANCH
Section One of Article Three of the US Constitution establishes a federal court
system.
The Constitution states that there will be one Supreme Court, and it will fall under the
direction of a Chief Justice.
The Constitution does not set a specific amount of justices, but current law states that
there will be 9 justices in the Supreme Court.
The Constitution does not require that there be lower courts either, instead it gives the
power to set up and remove inferior courts to Congress
Supreme Court Justice appointments are considered lifetime appointments and end
only in the following circumstances: death, retirement, resignation, impeachment
Judge salaries cannot be decreased
 ARTICLE III: THE JUDICIAL BRANCH
Original Jurisdiction: The power to hear a case for the first time
Appellate Jurisdiction: A court has the power to review a lower courts
decisions

The Supreme Court is given original jurisdiction in the following circumstances: in

cases involving state (vs) state claims and lawsuits against ambassadors and consuls
(public officials)
The Supreme Court is given appellate jurisdiction in matters dealing with
constitutional or federal law. (treaties, cases involving incidences on the high seas,
civil rights, etc.)
 ARTICLE III: THE JUDICIAL BRANCH
The issue of treason is addressed in Article III Section III.
No person shall be convicted of treason, unless two or more witnesses testify to the
act or the person confesses in open court (this was during the 1700s)
The Constitution previously discusses treason in which Legislative protection?
 ARTICLE FOUR: STATES
Full Faith and Credit Clause: Full faith and credit shall be given in each state
to the public acts, records, and judicial proceedings of every other state.
Any and all documents that are used as public record must transfer from state to
state. Any and all court rulings must also transfer from state to state.
Congress has the power to monitor and enforce this clause.
 ARTICLE FOUR: STATES
Privileges and Immunities Clause: The clause that prevents a state from treating
citizens in a discriminatory manner

US citizenship affords all citizen the ability to live freely in any state in the US without
being treated differently no matter what previous states they have lived in.
Extradition Clause: Provides for the extradition of a criminal back to the state in
which the crime was committed.
Any person charged with a crime in one state cannot attempt to run to another state to
escape trial. They must be returned to the state in which the crime occurred.
 ARTICLE FOUR: STATES
Fugitive Slave Clause: No person held to service or labor in one state, under the
laws therof, escaping into another, shall in consequence of any law or
regulation be discharged from such labor or service, but shall be delivered up
on claim of the party to whom such service is due.
If a slave ran away to freedom and was claimed by a master that slave had to be
returned to that master.
No prove necessarily needed
Slavery was abolished so this clause is no longer enforced.
 ARTICLE FOUR: STATES
New states can be added to the United States, but they cannot be created by
combining states without permission, nor can they be created within states.

Territorial Clause: Congress has the power to dispose of and make all needful
rules and regulations regarding territories or other property owned by the
United States
The United States has all power over all territories and properties it owns. This Clause
allows congress to gain or remove land and to create laws for territories if necessary.
 ARTICLE FOUR: STATES
Guarantee Clause: The US shall guarantee to every state a Republic form of
government and protection against invasion and insurrection

The US guarantees that all citizens receive the rights associated with a republican
government and that they will be protected from threats both foreign and domestic.
 ARTICLE FIVE: AMENDMENT PROCESS
Amendments can be made when 2/3 of both houses of Congress can agree on a
change.
of the state Legislatures must also agree to ratify the change
There are 27 total amendments to the US Constitution. You are expected to know
them all.
 ARTICLE SIX: CONSTITUTION IS SUPREME
Clause One: Any debts owed by the United States prior to the writing and signing of
the US Constitution are valid and must be paid
Clause Two: The Supremacy Clause: Any law created by the federal government is
the SUPREME law of the land. Any state law that goes against federal law is not valid.
State courts must follow the laws set by federal precedents before state precedents
Clause Three: All executive, legislative and judicial officers must swear an oath that
they will follow and support the US Constitution. Guarantees that there will never be a
religious test that will be used as a requirement for holding public office
 ARTICLE SEVEN: RATIFICATION
Article 7 of the Constitution simply states that there will be a minimum requirement of
9 of the 13 states agreeing to ratify it in order for it to become the law.
The US Constitution was signed by the delegates of the Constitutional Convention on
September 17,1787
It was officially ratified by the 9 th state on June 21,1788
March 4, 1789: Constitution became officially effective
North Carolina 12th state to sign and enter the union