1. Article I vests the Congress with the legislative making powers. It establishes provisions for who is eligible to serve as a Congressional member, both in the Senate and the House. Article I also enumerates specific powers of Congress and contains the Necessary and Proper Clause to provide Congress with the legal authority of carrying out such enumerated powers.
2. Article II sets forth the Executive powers in the President and the Vice President. It provides that the President is the Commander in Chief of the Armed forces and dubs the President the head of all commissions of the federal government.
3. Article III vests the judicial power of the United States in the Supreme Court. It provides that the President shall nominate Supreme Court Justices and the Senate confirms these appointments. Article III also gives Congress the power to set up inferior courts.
4. Article IV controls the relationship of states with other states and with the federal government. It provides mechanisms for admitting new states into the nation and establishes the notion of free travel between states.
5. Article V provides the procedure for amendment the US Constitution. To amend the Constitution, a proposed amendment must pass 2/3 of both Houses of Congress and be ratified by 3/4 of the states.
6. Article VI establishes the supremacy of federal law and treaties over state law. It also requires that all federal and state officers must take an oath to uphold the Constitution.
7. Article VII set forth the proposed method of bringing the Constitution into effect. It required that at least 9 states ratify the Constitution before it became law.
8. Nowhere in the 1787 Constitution did the word slave or slavery ever appear. While Article I, section 2 alludes to the fact that slaves were counted as 3/5 of a person for tax purposes, the word is not specifically mentioned.
10. Four examples of enumerated Congressional powers are the power to lay and collect tax, the power to regulate commerce, the power to establish post offices and post roads, and the power to declare war.
11. Two enumerated powers of the House of Representatives include the power to impeach the President and to originate bills of revenue.
12. Three enumerated powers of the Senate include the power to try the President in an impeachment trial, to advice the President on treaties, and to confirm all federal judicial appointments.
13. Four of the President’s enumerated powers include the power to veto legislation passed by Congress, the power to appoint Supreme Court Justices, the power to act as Commander in Chief of the Armed Forces, and the power to grant pardons.
14. The enumerated powers of the Vice President include the power to Preside over the Senate and cast a vote in the event of a tie and the power to take over office if the President is removed due to death, disability, or resignation.
15. Before the 17th Amendment of 1913, Senators were chosen by the legislatures of their states, rather than elected by popular vote.
16. The Constitution prohibits Congress from denying an individual the right to habeas corpus and prohibits Congress from passing ex post facto laws.
17. The Constitution prohibits states from entering into treaties and prohibits states from coining money.
Eligibility
18. The eligibility requirements for membership in the House of Representatives are that the person be a US citizen for at least 7 years, at least 25 years old, and live in the state of which the person represents.
19. The eligibility requirements for membership in the Senate are that the person be a US citizen for at least 9 years, be at least 30 years old, and live in the state in which they represent.
20. The eligibility requirements for the President are that the person be a natural born US citizen, be at least 35 years old, and be a resident of the US for at least 14 years.
21. The Constitution does not specific any requirements to be a Supreme Court Justice.
Checks and Balances
22. The President has the power to appoint Supreme Court Justices and other federal judges.
23. The President has the power to veto legislation passed by Congress.
24. Congress has the power to override a presidential veto with a 2/3 vote.
25. Congress has the power to create lower federal courts.
26. Supreme Court Justices enjoy appointment for life terms and are free from Executive control.
27. The Supreme Court can declare legislative acts unconstitutional.
28. The Constitution does not specify the number of Justices that sit on the Court, which is currently 9. In addition, the Constitution does not establish the manner in which the Court decides to hear cases.
29. The Supremacy Clause declares that federal law is the supreme law of the land and that state law is subordinate to federal law.
30. An Amendment can either be proposed by 2/3 of both Houses of Congress or by a Constitutional convention, which requires 2/3 of the states.
31. An Amendment can be ratified either through vote of 3/4 of the states or by 3/4 of the state constitutional convention.
32. Two matters that are beyond the Amendment process are Congress passing a law restricting slavery prior to 1808 and equal representation in the US Senate.
33. The charges for impeachment of the President, Vice President and all civil Officers of the United States include conviction of Treason, Bribery, or other High Crimes and Misdemeanors.
34. Article II, section 3 discusses Treason? For a conviction, there must be at least 2 witnesses.
1. Under the Full Faith ad Credit Clause, states are obligated to recognize the "public acts, records, and judicial proceedings" of other states.
2. Yes because the murderer is fleeing from justice and the state of Maine has a Constitutional duty to extradite upon California’s request.
3. No because states cannot be formed without Congressional approval.
4. The federal government has a duty to protect each state from invasion and therefore, the government could not refuse to protect Maine.
II What percentage does it take? Simple majority or supermajority?
A simple majority is 51%.
A supermajority is greater than ½ and is usually 2/3 or some other specified number.
1. Congress has the power to override a presidential veto with a vote of 2/3 from both Houses.
2. The Senate has the power to ratify treaties with 2/3 vote.
3. The House of Representatives has the sole power of bringing impeachment charges against the President and charges require a simple majority in the House (51%).
4. The Senate has the power to convict and remove a President in an impeachment trial. A 2/3 vote in the Senate is required for a conviction.
5. The Senate has the power to accept or reject nominations to the Supreme Court? A simple majority is needed to confirm the nominee.
6. Under normal circumstances, the passage of a bill requires a simple majority in the Senate.
7. To amend the Constitution, it requires a vote of ¾ of the states.
conclusion of the Constitution)
There are two components of the constitution that ensure separation of government power. First, the Constitution is inherently designed to separate the powers of government into different branches. While each branch of government is given enumerated powers, these powers are checked by the other branches. The second way the Constitution divides power among government branches is the way in which legislation is carried out. For legislation to pass, it requires the coordination of both Congress and the President in order to pass a law. Proposed laws originate in Congress, where it must pass both the House of Representatives and the Senate. If the bill passes, it is then given to the President to either sign or veto. This is just one of the many ways in which government power is checked by its co-equal branches.
