The Articles of the The Articles of the ConstitutionConstitution

An Intro to the An Intro to the ConstitutionConstitution

• Brief documentBrief document• Shortest living constitution in the worldShortest living constitution in the world

• Roughly 6,700 wordsRoughly 6,700 words

• Comprehensive, yet allowed for future changesComprehensive, yet allowed for future changes• Can be read rather quickly, but interpretation of its Can be read rather quickly, but interpretation of its

meaning continues to this daymeaning continues to this day

• Implements a system of checks & balancesImplements a system of checks & balances• All 3 branches must work together to achieve any goalAll 3 branches must work together to achieve any goal

Article OneArticle One

• By far the longest article of the ConstitutionBy far the longest article of the Constitution

• LEGISLATIVE BRANCH, LAW-MAKING, LEGISLATIVE BRANCH, LAW-MAKING, CONGRESSCONGRESS

• Two Houses=BicameralTwo Houses=Bicameral• Senate & House of RepsSenate & House of Reps

Article oneArticle one

• Senate=Upper HouseSenate=Upper House

• Originally chosen by state legislaturesOriginally chosen by state legislatures• Seventeenth Amendment (1913) provided for direct Seventeenth Amendment (1913) provided for direct

popular electionpopular election

• Six-year terms, 1/3 come up for election every two Six-year terms, 1/3 come up for election every two years, no term limitsyears, no term limits

• At least 30, 9 years a citizen, resident of the stateAt least 30, 9 years a citizen, resident of the state

Article oneArticle one

• House of Representatives=Lower HouseHouse of Representatives=Lower House

• Elected by votersElected by voters

• Two-year terms, no term limitsTwo-year terms, no term limits

• At least 25, 7 years a citizen, resident of the stateAt least 25, 7 years a citizen, resident of the state

Article oneArticle one

• House can bring charges against a U.S. officialHouse can bring charges against a U.S. official

• Senate tries the impeachment caseSenate tries the impeachment case• Punishment=removal from officePunishment=removal from office

Article One, Section 8Article One, Section 8

• List of delegated (AKA enumerated powers) powers of List of delegated (AKA enumerated powers) powers of CongressCongress• TaxationTaxation• Creation of a militaryCreation of a military• Ability to declare warAbility to declare war• Establish a court systemEstablish a court system• Create moneyCreate money• Regulate commerceRegulate commerce• Regulate immigration/naturalizationRegulate immigration/naturalization• Powers of impeachmentPowers of impeachment

• House brings chargesHouse brings charges• Senate tries the caseSenate tries the case

Article one, section eightArticle one, section eight

• Includes Includes “Necessary & Proper” Clause“Necessary & Proper” Clause• AKA the elastic clauseAKA the elastic clause

• Basis for implied powersBasis for implied powers• Powers not stated, but can be deducedPowers not stated, but can be deduced

• ControversialControversial

• Madison in Federalist #44, “Without the substance of this Madison in Federalist #44, “Without the substance of this power, the whole Constitution would be a dead letter.”power, the whole Constitution would be a dead letter.”

Article twoArticle two

• Creates the executive branchCreates the executive branch

• Explains the power of the presidentExplains the power of the president

• Explains specific requirements of the president’s Explains specific requirements of the president’s electionelection

• Controversial for what it doesn’t explicitly stateControversial for what it doesn’t explicitly state• President cannot create a budget on his own or President cannot create a budget on his own or

exclusively choose cabinet officialsexclusively choose cabinet officials• Yet, the power of POTUS has grown substantially over Yet, the power of POTUS has grown substantially over

the last 100 years due to interpretationthe last 100 years due to interpretation

Article twoArticle two

• EXECUTIVE BRANCH, PRESIDENT, CABINET & EXECUTIVE BRANCH, PRESIDENT, CABINET & DEPARTMENTSDEPARTMENTS• Today=15 departments & roughly 2 million employeesToday=15 departments & roughly 2 million employees

• Latest dept. added=Homeland Security (est. 2002)Latest dept. added=Homeland Security (est. 2002)

• Administers or carries out the lawsAdministers or carries out the laws

• POTUS:POTUS:• Four-year terms (Twenty-second amendment limited the Four-year terms (Twenty-second amendment limited the

number of terms, before this 2 terms was a tradition est. by number of terms, before this 2 terms was a tradition est. by Washington)Washington)

• Natural-born citizen, at least 35, resident for 14 yearsNatural-born citizen, at least 35, resident for 14 years• Oath of office, salary (currently 400k), successionOath of office, salary (currently 400k), succession

Article two: Article two: Presidential Powers:Presidential Powers:

• Commander in ChiefCommander in Chief• Ensures civilian control of the militaryEnsures civilian control of the military

• Chief DiplomatChief Diplomat• Relations w/ foreign countries, treatiesRelations w/ foreign countries, treaties

• Judicial powersJudicial powers• Appoint judges, pardons, and reprievesAppoint judges, pardons, and reprieves

• Chief of StateChief of State• Symbolic leaderSymbolic leader

• State of the UnionState of the Union

• Chief ExecutiveChief Executive• Appointments of government officialsAppointments of government officials

Article twoArticle two

• Executive privilegeExecutive privilege• Practice of withholding presidential info from Congress or other entitiesPractice of withholding presidential info from Congress or other entities

• Usually invoked in two ways: national security & executive branch Usually invoked in two ways: national security & executive branch communicationcommunication

• Electoral CollegeElectoral College• Presidential electorsPresidential electors

• Number of senators plus representativesNumber of senators plus representatives

• All states have “winner take all” but NE & MEAll states have “winner take all” but NE & ME

• If no candidate receives a majority, the House has the power to decide If no candidate receives a majority, the House has the power to decide the presidency (election of 1824)the presidency (election of 1824)

• Possible to win the popular vote, but lose in Electoral College (1824, Possible to win the popular vote, but lose in Electoral College (1824, 1876, 1888, 2000)1876, 1888, 2000)

Article ThreeArticle Three

• JUDICIAL BRANCH, LAW INTERPRETATION, JUDICIAL BRANCH, LAW INTERPRETATION, SUPREME COURTSUPREME COURT• Also includes federal courts est. by CongressAlso includes federal courts est. by Congress

• District courtsDistrict courts

• Courts of appealCourts of appeal• Special courtSpecial court

• Judicial review---Supreme Court can decide whether a Judicial review---Supreme Court can decide whether a law is constitutional or notlaw is constitutional or not