The Constitution of the United States
• The Preamble has no force of law
• It is an explanation of why the
Constitution was written
Article 1
• establishes the first
of the three
branches of
government, the
Legislature. It states
that it will be
bicameral, and will
be named Congress.
Section 2
• Section 2 defines the House
of Representatives, the
minimum requirements,
and the term of two years
Section 3 defines the upper
house of Congress, the
Senate, establishes
minimum requirements,
and a term of six years, and
limits each state to
representation by 2
senators.
•
It also requires Senators to be
appointed by state legislatures, but this
would be amended later on
• Section 4 allows each state to establish its
own methods for electing members of
Congress, and requires Congress to meet at
least once per year.
• Section 5 states the required minimum
number of members in order to convene, and
allows fines for absent members.
• Section six allows Congress members to be paid,
and limits their federal positions to only that of
serving in Congress.
• Section 7 details how bills become law. All taxes
or fees must originate in the House, and all bills
must pass both houses in identical form. They
must then be signed by the President in which
case it becomes law, or it can be vetoed. In which
case a 2/3 majority in both houses is needed to
override the veto.
• Section 8 lists specific powers of Congress,
including to enlist and maintain military
services, create courts, regulate commerce
between the states, to declare war and to
raise money.
• It also contains an “Elastic” clause which
allows it to pass any law needed to carry out
the above powers
• Section 9 limits Congress in certain legal
practices. It cannot suspend habeas corpus,
create bills of attainder or ex post facto laws.
It cannot make laws favoring one state over
another, nor take money from the Treasury
without passing a law, nor can it confer a title
of nobility, nor establish such a rank.
• Section 10 prohibits the states from such
activities as
• Making their own money
• Declaring war
• Or doing any such thing as named in section 9.
They cannot tax goods from another state, or
maintain their own navies.
Article 2
Establishes the second branch of government:
The Executive, and sets the terms at 4 years.
It requires the President to be elected by the
Electoral college, to be a natural born citizen,
At least 35 years of age, and to be paid a salary,
Which cannot be changed during a term of
Office.
• Section 2 gives the President the power to be
commander in chief of the armed forces and
the militia of all the states, he can have a
cabinet to aid and advise him, can pardon
criminals, make treaties with other nations,
and appoints judges and other members of
the government, although all treaties and
appointments must be approved by the
Senate.
• Section 3 requires the President to inform
Congress of the state of the Union, to make
suggestions to Congress, to act as head of
state in receiving ambassadors and heads of
state, and to be sure that all federal laws are
carried out.
• Section 4 briefly discussed removal of the
President, called impeachment.
Article 3
• Establishes the Judiciary, including the Supreme
Court, and lower federal courts. They serve upon
“good behavior” which usually means life, but can be
impeached for various offenses. They are to be paid.
• Section 2 describes the kinds of cases that may be
heard in federal courts. The Supreme Court may
choose to hear a case, but usually waits for it to
come up through the federal system upon appeal.
• Section 3 defines treason in absolute terms
Article 4
• Refers to the states. It mandates that all states
will honor the laws of other states, i.e., if a couple
is married in Arizona, they are considered
married in Kentucky.
• Section 2 requires that states treat residents of
other states equally and fairly, and that persons
accused of a crime in one state who flees to
another state, will be returned by that other
state. (This section also contains the fugitive slave
clause, which is no longer valid.)
• Section 3 concerns admiting new states and
the control of federal lands.
• Section 4 ensures a republican (representative
democracy) form of government, in which the
state derives its power from the people and
guarantees that the federal government will
protect the states from invasion, insurrection
and disaster.
Article 5
• Details the method for amending the
Constitution.
Article 6
• Declares that the United States inherits all
obligations made under the Articles of
Confederation, and declares the Constitution
to be the supreme law of the land. It also
requires any office holder in the Federal, or in
state governments to take a loyalty oath to
the United States and to the Constitution.
Article 7
• Details the process of ratification of the
Constitution and any amendments, including
the requirement that 9 states must ratify the
Constitution itself in order to have it go into
effect.
The 1st paper:
Thinking about the paper:
What did you learn about the history of Africans in America from the film
selection “The Terrible Transformation?”
What did you find were the most informative passages in your readings in Foner
on the development of slavery in America?
What did you find were the most informative passages in Chapter 3 of
Cornerstones?
What information did you find useful in the powerpoint lecture?
Out of all of the above, do you find a theme regarding this historic period?
Can you find ideas or quotations from some of the above assignments that will
support your theme?
Writing your paper:
Double-spaced, typed (not hand written) not less that 1 and ½ pages, no more
than 3 and ½ pages
Use footnotes or endnotes in Turabian style (rules on web)
Don’t bother with extravagant introductions or conclusions; just state what you
learned from these sources.
Tips for those who want an A:
A well-crafted paper has paragraphs that make a sequence of thoughts: each
paragraph has an opening sentence that introduces the theme of the paragraph,
and a concluding sentence that leads the reader to the thoughts in the next
paragraph.
A well-crafted paper has no misspellings and no typos.
A well-crafted paper has a strong narrative that is pleasing to read.
1st Amendment
• Protects the right to practice the religion of
choice, to speak freely, to assemble, to
petition the government and to guarantee the
press freedom to publish
2nd Amendment
• Protects the right to own guns, although it has
long been debated as to whether that is a
right regulated within a state or a right of any
individual
3rd Amendment
• Guarantees that the military cannot force
citizens to house them or feed them
4th Amendment
• Protects the citizen from government
improperly taking property, papers of persons
without a valid warrant based on probable
cause.
5th amendment
• Protects people from being held for
commission of a crime without proper
indictment, or from being tried twice for the
same crime, or from testifying against
yourself. It also requires that persons from
whom property is seized must be
compensated.
6th Amendment
• Guarantees a speedy trial, an impartial jury,
the right to confront witnesses and provision
for a lawyer to represent the accused.
7th Amendment
• Guarantees trial by jury in federal civil court
cases.
8th Amendment
• Guarantees convicted criminals against cruel
punishments and excessive fines
9th Amendment
• Is a statement that other rights may exist
aside from those listed in the Constitution and
that exclusion from the Constitution does not
mean that they are not recognized
10th Amendment
• Is often subject to debate, but states that
powers not granted to the federal government
in this ratified document become powers of
the states or to the people.
Quiz for February 5
Answer only one question
Q. 1: Which amendment do you consider to be
the least useful? Explain your answer.
Q. 2: Which Amendment do you consider to
be the most important? Explain your answer.
Q. 3: Which Amendment do you consider to
be the most divisive among American citizens?
Explain your answer.