Article 1: House of Representatives & Senate PDF

Article 1: House of Representatives Facts Max 435 Members Up for election every two years Representatives numbers are based on the population They are elected by the people Qualifications Must be 25 years old US citizens for 7 years Must live in the state you represent Each stat...

Article 1: House of Representatives Facts Max 435 Members Up for election every two years Representatives numbers are based on the population They are elected by the people Qualifications Must be 25 years old US citizens for 7 years Must live in the state you represent Each state must have at least one Representative Special Powers/Facts Representation is based on the population. A population count must be taken every 10 years Create bills dealing with taxes The leader is called the Speaker of the House. Article 1: Senate Facts Max 100 Members Up for election every six years Representatives numbers are equal per state. They are elected by the people Qualifications Must be 30 years old US citizens for 9 years Specials Powers The leader of the Senate is the Vice President of the U.S. Senate tries all impeachment trials. Rules, Powers, Qualifications: Congress has the power to impeach (put on trial) the President and other elected officials HoR: impeach Senate: try the trial Article I, Section 8 lists all 16 Powers of Congress For example: Collecting Taxes Regulating Trade Organizing Courts The Necessary and Proper clause (18) A.K.A. is the “elastic clause” because it allows Congress to stretch its power. Supremacy clause(Article Six): federal law generally takes precedence over state laws. Key Powers: Makes laws! Collects taxes Can borrow money Can override a President's veto Approve treaties (Senate) Can impeach (HoR) and remove elected officials Prints & coin money  Power to create post offices Can declare war Vocab: 1. Bicameralism - a. Two chambers or 2 houses. i. House of Representatives which is based on the population ii. Senate which is based on equal representation. 2. Legislative Branch - The branch of government that makes the laws. 3. Necessary and Proper Clause(Elastic Clause) - Necessary laws for carrying into execution of foregoing powers, and all of their powers are owned by the Constitution. 4. Separation of Powers - split the power of the government into three branches (Legislative, Judicial, Executive) to limit the power of one government so they are all equal. 5. Checks and Balances - The system where branches have the ability to limit other branches' powers. All branches are equal in power. How a Bill becomes a Law:  The most important power of Congress is the ability to make laws. Bills proposed laws from Congress. If both houses vote to pass the bill, it goes to the President. The President can sign it into law or veto (reject) the bill. Congress has the power to override a veto: If a 2/3 supermajority votes for the bill, it becomes a law without the President’s signature. The Judicial Branch can void a law if it is unconstitutional. Article 2: U.S President Facts 4-year terms They can only be served twice! 15 departments make up their advisor board (Presidential Cabinet) Qualifications Has to be a natural-born citizen or citizen of the U.S. You must be at least 35 years old, You must have lived for at least 14 years in the U.S.A. Duties Carries out the laws Make treaties with Senate approval  Represent our country in talks with foreign countries Background On the Presidency: The president is not directly elected by the citizens but by the Electoral College (a body of people representing the states of the US, who formally cast votes for the election of the president and vice president). The founders wanted the president to be strong enough to fulfill their responsibilities but unable to overpower the other branches and endanger people’s rights. Congress has the most checks on the president’s actions. Powers: Appointments: The president can select Supreme Court justices, cabinet members, and ambassadors, but the Senate must approve. Treaties: The president may write a treaty, but the Senate approves or rejects it. War: The president is the Commander-in-Chief of the armed forces, but only Congress can declare war. Veto: The president can veto laws, but Congress may override with a 2/3 majority (supermajority) Pardons: The president may issue pardons (to reverse criminal convictions). Implied Powers: Implied Powers are powers not listed in the US Constitution but the president has. Have control over the Presidential Cabinet (group of advisors) Have an executive order (a declaration by the president or a governor that has the force of law, usually based on existing statutory powers) /can enforce Emergency wartime powers Checks and balances - The Checks that the Executive branch has over the Legislative branch: ❏ Veto laws ❏ Propose the laws ❏ Ability to call in special sessions of Congress ❏ Negotiate with foreign treaties ❏ Make appointments Balances that the Executive has over Judicial ❏ They appoint federal judges ❏ Can grant pardons to federal offenders Article 3: Supreme Court Facts 9 Justices One Chief Justice and 8 are Associate Justices The office is for life Qualifications The Constitution does not specify qualifications for Justices such as age, education, profession, or native-born citizenship. Special Facts The Supreme Court does not have to hear every case. Only six justices need to be present to hear a case. The president nominates someone for a vacancy on the court, and the Senate votes to confirm the nominee, which requires a simple majority. Supreme Court History: First Judiciary Act of 1789 Set the number of Justices at six, one Chief Justice and five Associates. Judiciary Act of 1869 Fixed the number of Justices at nine, and no subsequent change to the number of Justices has occurred. Rules, Qualifications, Powers: The Supreme Court justices are responsible for interpreting and upholding the Constitution. The Supreme Court mainly hears appeals (challenged) from the lower court. Supreme Court only has original jurisdiction (power to hear and decide cases) in special cases: >Foreign diplomats >Disputes between states Article VI (the “Supremacy Clause”) gave the court the right to overrule state laws that violated the Constitution. Judicial Review is the right to declare laws unconstitutional. Marbury v. Madison (1803) Case Summary: In 1801, when Thomas Jefferson became president, President John Adams appointed William Marbury to a judgeship, but Marbury didn’t get his official paper before Jefferson took office. Jefferson’s secretary, James Madison, refused to give Marbury the paper, so Marbury went to the Supreme Court to ask them to order Madison to deliver it. The Court agreed that Madison was wrong for not giving Marbury the paper, but they said the law that allowed Marbury to ask the Court was not valid. Because of this, the Court decided it couldn’t help Marbury get the paper he wanted. Supreme Court Decision: Article 6: Supremacy Clause placed the Constitution before other laws, established the principle of judicial review ○ gives courts the power to review the constitutionality of laws Impact on the United States: It preserves the Supreme Court’s authority to interpret the Constitution. McCulloch v. Maryland (1819) Case Summary In McCulloch v. Maryland, the state of Maryland passed a law that placed a tax on the national bank’s branch in Baltimore. James McCulloch, the bank’s cashier, refused to pay the tax, arguing that the federal government had the authority to create the bank. The state of Maryland argued that it had the right to tax businesses within its borders, including the national bank. This disagreement led to the case being brought before the U.S. Supreme Court. Supreme Court Decision: Necessary and Proper Clause, which allows Congress to make laws that are needed to carry out its constitutional powers. The Court also ruled that Maryland could not tax the national bank. Impact on the United States "the power to tax involves the power to destroy," and allowing states to tax federal institutions would give them too much power over the national government. This strengthened the power of the federal government over the states. Gibbons v. Ogden of 1824 Case Summary: Ogden sued Gibbons in the New York court, and he wanted in conjunction to stop Gibbons from operating around Ogden's steamboat. Gibbons claimed that he was allowed to operate because it was a congress. Gibbons lost but Gibbons appealed the case, and the Supreme Court sided with Gibbons in the end. Supreme Court Decision: It made the Supreme Court interpret the meaning of the Commerce Clause because it was broad. The Supreme Court dismissed Ogden's lawsuit against Gibbons, and they also reversed the judgment of the New York Court of Errors Impact on the United States: Gave a significant expansion of federal power. Worcester vs. Georgia (1832) Case Summary In 1830, the Georgia government started to drive all of the Cherokee people out of their native land. Two white missionaries, Butler and Worcester, worked to defend the Cherokee and work with them to receive their justice. Both men were arrested but they eventually were able to get an appeal with the Supreme Court. Supreme Court Decision Article 6: Supremacy clause - The federal law comes in and disagrees with Georgia’s law Court shut down Georgia’s plan of sending all of the Cherokee people out ○ Declared that it was “unconstitutional Impact on the United States It established the name “sovereign” for indigenous people who lived in the US Loving v. Virginia (1967) A white man and a black woman, Richard and Mildred Loving, were a married couple. This went against the Virginia law, Racial Integrity Act of 1924. Two lawyers, Bernard Cohen and Philip Hirschkop, eventually had their appeal reach the Supreme Court. Supreme Court Decision: The Supreme Court decided to invalidate the Virginia Marriage Ban, since it was violating the Equal Protection Clause of the 14th amendment. Impact on the United States: Because of the Loving v. Virginia case, interracial marriage became allowed. Tinker v. Des Moines (1969) In 1969 five students (four Tinker, and their friend Christopher Eckhardt) wanted to wear black armbands to protest the Vietnam war to their public school is Des Moines, Iowa. The principal had implemented a policy stating students couldn’t wear those black armbands to school. The five students wore their black armbands to school despite that, resulting in the suspension of the Tinkers and Eckhardt in middle and high school. Supreme Court Decision: First Amendment Right ○ No law that prohibits freedom of speech Impact on the United States: Preserves citizens right to free speech, even in public school Obergefell vs Hodges (2015) Case Summary: Other same gender couples also wanted legal marriages in other states and be able to adopt children together. Obergefell and his husband John Arthur wanted to be legally recognized as his surviving spouse on his death certificate in Ohio. Supreme Court Decision: (Equal Protection Clause/ 14th Amendment) - The Equal Protection Clause in the 14th amendment says that the same gender couples are allowed the same state benefits that opposite gender couples also have. - Overruled the Court of Appeals and now states must have marriage licenses across the states and that for them to be recognized. Impact on the United States: - First Supreme Court case about same gender marriage. - Other people also had the same problem and were happy that it was recognized. Article 4: States and Their Relationships: Full Faith & Credit Clause: Shall be given in each State to the public Acts, Records, and judicial proceedings of every other state. Each state has its courts and decisions, and other States must respect them. Rights for the States US citizens should be able to travel within the borders freely The US Government must protect each State from invasion Guarantee a republican form for State governments Guaranteed protection of interstate commerce Three Clauses: 1. Privileges Where the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. 2. Extradition Is a person who is charged in any state with treason, felony, or other crime, who runs from justice, and is found in another state, now should be demanded of the executive authority of the state which he ran from 3. Fugitive Slaves Slaves or indentured slaves cannot leave This clause requires runaway slaves or indentured slaves to return to their owners How to become a New State: 1. New states can be formed by getting admitted by the Congress. 2. New states cannot be split up or joined with other states unless the Congress approves. Powers Reserved for the State Government: Create corporation law Regulate trade within the state Maintain schools Establish local governments Makes laws about marriage and divorce Conduct elections Provide for public safety Shared powers between Federal and State governments Guarantee civil rights Levy and collect taxes Provide for public safety Protect public health Establish courts Punish lawbreakers Borrow money Construct and maintain roads. Article 5: Amendment Process: Vocab: Amendment: The article added to the US Constitution Law: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority Ratify: to approve Amending: to change