Political Views by Richard Feuilly

The United States Constitution

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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 preamble is the introduction to the Constitution. It outlines the general goals of the framers: to create a just government and to ensure peace, an adequate national defense and a healthy, free nation. With its first three words, “We the People,” the preamble emphasizes that the nation is to be ruled by the people - not a king or a dictator, not the president, Supreme Court justices, members of Congress or state legislators.

The U.S. Supreme Court held in 1905 (Jacobson v. Massachusetts) that the preamble is not a source of federal power or individuals' rights. Rather, all rights and powers are set out in the articles and amendments that follow.

Section 1
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

The framers of the Constitution separated the powers of government into three branches, granting legislative power (the power to pass laws) to Congress, executive power (the power to administer the laws) to the president, and judicial power (the power to interpret and enforce the laws) to the courts. The unique and limited powers of Congress are contained in Article I.

The framers believed that this separation of powers would ensure that no one person or group of persons would be able to create, administer and enforce the laws, and that each branch would be a check on the power of the other two branches. Under this scheme, Congress cannot give its lawmaking powers to the executive or judicial branch. The courts are charged with ensuring that the three branches act independently and do not overreach their delegated powers. But in some instances, two branches of government are required to work together. For example, the Senate must approve the president’s appointments to the U.S. Supreme Court, and the president has the power to veto acts of Congress or to pardon convicted criminals.

Another important principle is contained in Article I, Section 1: The federal government’s power is limited to what is written in the Constitution. These are known as "enumerated powers." If the Constitution does not specifically give a power to the federal government, the power is left to the states.

Article I, Section 1 also requires that Congress be bicameral, that is, it should be divided into two houses, the Senate and the House of Representatives. At the time the Constitution was adopted, several states and the Continental Congress had only one lawmaking body. The creation of two legislative bodies reflected a compromise between the power of the states and the power of the people. The number of seats in the House of Representatives is based on population. The larger and more urban states have more representatives than the more rural, less-populated states. But the Senate gives power to the states equally, with two senators from each state. To become law, any proposed legislation must be passed by both the House and the Senate and be approved (or at least not vetoed) by the president.

Section 2
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

[Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.]¹ The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

1. Modified by Amendment XIV, Section 2.

Article I, Section 2, specifies that the House of Representatives be composed of members who are chosen every two years by the people of the states. There are only three qualifications: a representative must be at least 25 years old, have been a citizen of the United States for at least seven years, and must live in the state from which he or she is chosen. Efforts in Congress and the states to add requirements for office, such as durational residency rules or loyalty oaths, have been rejected by Congress and the courts.

In 1966, the U.S. Supreme Court used the language, "chosen ... by the people of the several States" in Article I, Section 2, to recognize a federal right to vote in congressional elections. That right, along with the equal protection clause of the 14th Amendment, was later used by the U.S. Supreme Court to require that each congressional district contain roughly the same number of people, ensuring that one person's vote in a congressional election would be worth as much as another's.

Article I, Section 2, also creates the way in which congressional districts are to be divided among the states. A difficult and critical sticking point at the Constitutional Convention was how to count a state's population. Particularly controversial was how to count slaves for the purposes of representation and taxation. If slaves were considered property, they would not be counted at all. If they were considered people, they would be counted fully —just as women, children and other non-voters were counted. Southern slave-owners viewed slaves as property, but they wanted them to be fully counted in order to increase their political power in Congress. After extended debate, the framers agreed to the three-fifths compromise — each slave would equal three-fifths of a person in a state's population count. (Note: The framers did not use the word slave in the document.) After the Civil War, the formula was changed with the passage of the 13th Amendment, which abolished slavery, and Section 2 of the 14th Amendment, which repealed the three-fifths rule.

This section also establishes that every 10 years, every adult in the country must answer a survey — a monumental task when people move as often as they do and when some people have no homes at all. Based on the surveys, Congress must determine how many representatives (at least one required) are to come from each state and how federal resources are to be distributed among the states. The Constitution set the number of House members from each of the original 13 states that was used until the first census was completed.

In 1929 Congress limited the House of Representatives to 435 members and established a formula to determine how many districts would be in each state. For example, after the 2000 census, Southern and Western states, including Texas, Florida and California, gained population and thus added representatives while Northern states, such as Pennsylvania, lost several members.

Congress left it to state legislatures to draw district lines. As a result, at the time of a census, the political party in power in a state legislature is able to define new districts that favor its candidates, affecting who can win elections for the House of Representatives in the following decade. This process — redrawing district lines to favor a particular party — is often referred to as gerrymandering.

Article I, Section 2, also specifies other operating rules for the House of Representatives. When a House member dies or resigns during the term, the governor of that state may call for a special election to fill the vacancy. The House of Representatives chooses its own speaker, who is in line to become president, if neither the president nor the vice president is able to serve.

Lastly, this section specifies that only the House of Representatives holds the power of impeachment. House members may charge a president, vice president or any civil officer of the United States with "Treason, Bribery or other high Crimes and Misdemeanors."(See Article II, Section 4.) A trial on the charges is then held in the Senate.

That happened during President Clinton's term. The House of Representatives investigated the president and brought charges against him. House members acted as prosecutors during an impeachment trial in the Senate. (See Article 1, Section 3.) Clinton was not convicted of the charges and he completed his second term as president.

Section 3
The Senate of the United States shall be composed of two Senators from each state, [chosen by the Legislature] thereof, 2 for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one-third may be chosen every second Year; [and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.]3

 No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

2. Modified by Amendment XVII.
3. Modified by Amendment XVII.

The Senate, which now has 100 members, has two senators from each state. Until 1913, senators were elected by their state legislatures. But since the adoption of Amendment XVII, senators have been elected directly by the voters of their states. To be a senator, a person must be more than 30 years old, must have been an American citizen for at least nine years, and must live in the state he or she represents. Senators may serve for an unlimited number of six-year terms.

Senatorial elections are held on a staggered basis so that one-third of the Senate is elected every two years. If a senator leaves office before the end of his or her term, Amendment XVII provides that the governor of his or her state sets the time for an election to replace that person. The state legislature may authorize the governor to temporarily fill the vacant seat.

The vice president of the United States is also the president of the Senate. He or she normally has no vote, but may vote in a tiebreaker if the Senate is divided on a proposed bill or nomination. The Senate also chooses officers to lead them through their work. One is the president pro tempore (president for a time), who presides over the Senate when the vice president is not available and, as is the Speaker of the House, is in the line of succession should the president or the vice president be unable to serve.

Although the House of Representatives brings charges of impeachment to remove a president, vice president or other civil officer, such as a federal judge, it is the Senate that is responsible for conducting the trial and deciding whether the individual is to be removed from office. The chief justice of the U.S. Supreme Court presides over the impeachment trial of a president. The senators act as the jury and two-thirds of those present must vote for removal from office. Once an official is removed, he or she may still be prosecuted criminally or sued, just like any other citizen.

Section 4
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall [be on the first Monday in December,]¹ unless they shall by Law appoint a different Day.

¹ Changed by Amendment XX

Article I, Section 4, gives state legislatures the task of determining how congressional elections are to be held. For example, the state legislature determines scheduling of an election, how voters may register and where they may cast their ballots.

Congress has the right to change state rules and provide national protection for the right to vote. The first federal elections law, which included prohibitions on false registration, bribery and reporting false election returns, was passed after the Civil War to enforce the ban on racial discrimination in voting established by Amendment XV. With the passage of the Civil Rights Acts of 1957 and 1964 and the Voting Rights Act of 1965, Congress extended protection of the right to vote in federal, state and local elections.

As a general rule, Congress determines how frequently it will meet. The Constitution provides only that it meet at least once a year. Amendment XX, Section 2, now provides that the first meeting of Congress begin at noon on Jan. 3 of each year, unless the members specify differently.

Section 5
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

The House of Representatives and the Senate are each in charge of deciding whether an election of one of their members is legitimate. They may call witnesses to help them decide. Similarly, the House and Senate may establish their own rules, punish members for disorderly behavior and, if two-thirds agree, expel a member.

To do business, each chamber needs a quorum, which is a majority of members present. A full majority need not vote, but must be present and capable of voting.

Both bodies must keep and publish a journal of their proceedings, including how members voted. Congress may decide that some discussions and votes are to be kept secret, but if one-fifth of the members demand that a vote be recorded, it must be. Neither the House nor the Senate may close down or move proceedings from their usual location for more than three days without the other chamber's consent.

Section 6
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Members of Congress are to be paid for their work from the U.S. Treasury. Amendment XXVII prohibits members from raising their salaries in the current session, so congressional votes on pay increases do not take effect until the next session of Congress.

Article I, Section 6, also protects legislators from arrests in civil lawsuits while they are in session, but they may be arrested in criminal matters. To prevent prosecutors and others from using the courts to intimidate a legislator because they do not like his or her views, legislators are granted immunity from criminal prosecution and civil lawsuits for the things they say and the work they do as legislators.

To ensure the separation of powers among the legislative, judicial and executive branches of government, Article I, Section 6, prohibits a senator or representative from holding any other federal office during his or her service in Congress.

Section 7
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

The House of Representatives must begin the process when it comes to raising and spending money. It is the chamber where all taxing and spending bills start. The Senate can offer changes and must ultimately approve the bills before they go to the president, but only the House may introduce a bill that involves taxes.

When proposed laws are approved by both the House and Senate, they go to the president. If the president signs the bill, it becomes law at the time of the signature, unless the bill provides for a different start date. If the president does nothing for 10 days, not including Sundays, the bill automatically becomes law, except in the last 10 days of the legislative term. In that time, the president can use a "pocket veto"; by doing nothing, the legislation is automatically vetoed.

If the president does not like the legislation, he or she can veto the bill, list objections, and send it back for reconsideration by the chamber where it originated. If the president vetoes a bill, the bill must be passed again with the votes of two-thirds of the House and the Senate for it to become law.

Congress also may change the bill to make it more acceptable to the president. Although, for political reasons, presidents are cautious about vetoing legislation, the threat of a veto will often press members of Congress to work out a compromise. Similarly, if Congress has the ability to override a veto, it is likely the president will make every effort to compromise on the issue.

Section 8
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; —And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Article I, Section 8, specifies the powers of Congress in great detail. These powers are limited to those listed and those that are "necessary and proper" to carry them out. All other lawmaking powers are left to the states. The First Congress, concerned that the limited nature of the federal government was not clear enough in the original Constitution, later adopted Amendment X, which reserves to the states or to the people all the powers not specifically granted to the federal government.

The most important of the specific powers that the Constitution enumerates is the power to set taxes, tariffs and other means of raising federal revenue, and to authorize the expenditure of all federal funds. In addition to the tax powers in Article I, Amendment XVI authorized Congress to establish a national income tax. The power to appropriate federal funds is known as the "power of the purse." It gives Congress great authority over the executive branch, which must appeal to Congress for all of its funding. The federal government borrows money by issuing bonds. This creates a national debt, which the United States is obligated to repay.

Since the turn of the 20th century, federal legislation has dealt with many matters that had previously been managed by the states. In passing these laws, Congress often relies on power granted by the commerce clause, which allows Congress to regulate business activities "among the states."

The commerce clause gives Congress broad power to regulate many aspects of our economy and to pass environmental or consumer protections because so much of business today, either in manufacturing or distribution, crosses state lines. But the commerce clause powers are not unlimited.

In recent years, the U.S. Supreme Court has expressed greater concern for states’ rights. It has issued a series of rulings that limit the power of Congress to pass legislation under the commerce clause or other powers contained in Article I, Section 8. For example, these rulings have found unconstitutional federal laws aimed at protecting battered women or protecting schools from gun violence on the grounds that these types of police matters are properly managed by the states.

In addition, Congress has the power to coin money, create the postal service, army, navy and lower federal courts, and to declare war. Congress also has the responsibility of determining naturalization, how immigrants become citizens. Such laws must apply uniformly and cannot be modified by the states.

Section 9
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No capitation, or other direct, Tax shall be laid,[unless in Proportion to the Census or Enumeration herein before directed to be taken.5

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

5. Modified by Amendment XVI.

Article I, Section 9 specifically prohibits Congress from legislating in certain areas. In the first clause, the Constitution bars Congress from banning the importation of slaves before 1808.

In the second and third clauses, the Constitution specifically guarantees rights to those accused of crimes. It provides that the privilege of a writ of habeas corpus, which allows a prisoner to challenge his or her imprisonment in court, cannot be suspended except in extreme circumstances such as rebellion or invasion, where the public is in danger. Suspension of the writ of habeas corpus has occurred only a few times in history. For example, President Lincoln suspended the writ during the Civil War. In 1871, it was suspended in nine counties in South Carolina to combat the Ku Klux Klan.

Similarly, the Constitution specifically prohibits bills of attainder — laws that are directed against a specific person or group of persons, making them automatically guilty of serious crimes, such as treason, without a normal court proceeding. The ban is intended to prevent Congress from bypassing the courts and denying criminal defendants the protections guaranteed by other parts of the Constitution.

In addition, the Constitution prohibits “ex post facto” laws — criminal laws that make an action illegal after someone has already taken it. This protection guarantees that individuals are warned ahead of time that their actions are illegal.

The provision in the fourth clause prohibiting states from imposing direct taxes was changed by Amendment XVI, which gives Congress the power to impose a federal income tax. To ensure equality among the states, the Constitution prohibits states from imposing taxes on goods coming into their state from another state and from favoring the ports of one state over the ports of others.

Article I, Section 9, also requires that Congress produce a regular accounting of the monies the federal government spends. Rejecting the monarchy of England, the Constitution also specifically prohibits Congress from granting a title of nobility to any person and prohibits public officials from accepting a title of nobility, office, or gift from any foreign country or monarch without congressional approval.

Section 10
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article I, Section 10, limits the power of the states. States may not enter into a treaty with a foreign nation; that power is given to the president, with the advice and consent of two-thirds of the Senate present. States cannot make their own money, nor can they grant any title of nobility.

As is Congress, states are prohibited from passing laws that assign guilt to a specific person or group without court proceedings (bills of attainder), that make something illegal retroactively(ex post facto laws) or that interfere with legal contracts.

No state, without approval from Congress, may collect taxes on imports or exports, build an army or keep warships in times of peace, nor otherwise engage in war unless invaded or in imminent danger.

Article II

Section 1
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

[The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted.

The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice.

In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.]6

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

[In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice-President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.]7

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: —“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

6. Modified by Amendment XII.

7. Modified by Amendment XXV.

Article II, Section 1 establishes that the president has the power to run the executive branch of the government. This section, later modified by Amendments XII and XXV, outlines who is eligible to serve as president, establishes the Electoral College (the means by which the president and vice president are elected), and authorizes Congress to determine who will replace the president and vice president should they be unable to serve during their term of office.

Article II, Section 1 establishes that the president and vice president are to be elected at the same time and serve the same four-year term. Until 1951, presidents could serve for as many four-year terms as they could win. But after President Franklin D. Roosevelt was elected for four terms, Congress passed and the states ratified Amendment XXII, which limits a president to two terms (eight years) in office. In the rare case that a vice president (or other official) takes over for a president who has stepped down or died in office and serves more than two years of the remaining term, he or she is limited to one new term.

Rather than being elected directly by the people, the president is elected by members of the Electoral College, which is created by Article II, Section 1. It is not really a “college,” but a group of people who are elected by the states. Each state is entitled to the number of electors equal to the combined number of their representatives and senators in Congress.

Neither members of Congress nor other federal officials may serve as electors. Each state legislature decides how members of the Electoral College are to be selected and how they are to vote. For example, some states select electors at primary elections or at caucuses. In most states, electors vote for the presidential candidate who won the vote in their state. But in a few states, state law specifies that electors cast their votes according to the percentage of votes received by each candidate. If the Republican candidate receives 55 percent of the vote, he or she receives the votes of 55 percent of the electors. The creation of the Electoral College gives more power to the smaller states, rather than letting the people in the most populous states control who becomes president.

Additional rules were added in 1804, when Amendment XII was adopted. For example, the amendment creates the way a president is selected when neither candidate obtains a majority of votes in the Electoral College.

There are three minimum requirements to be elected president: one must be a natural-born citizen of the United States, must have lived in the United States for at least 14 years, and must be at least 35 years old.

Although Article II, Section 1 originally provided who should become president if the president dies, resigns, or is removed from office, Amendment XXV, added in 1967, modified the line of succession.

The president’s salary is set by Congress. To avoid allowing Congress to punish or reward the president while he or she is in office, the Constitution prohibits any change in salary during the president’s term. The president also is prohibited from receiving any other type of compensation or perks while in office.

Before assuming office, the president must swear or affirm to do his or her best to serve as the nation’s leader and to uphold the United States Constitution as the law of the land.

Section 2
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein other- wise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

The president serves not only as the head of the executive branch of government, but also as the commander in chief of the armed forces (including state national guards when they are called on to serve with the federal armed forces).

As chief executive, the president runs the different executive agencies, such as the Department of the Treasury or the Department of Health and Human Services.

The president has the power to pardon (let free) any person who has committed a federal crime, except in cases of impeachment.

With permission from two-thirds of the senators present, the president can make treaties (agreements) with other countries. With the approval of a majority of senators, the president makes a number of key appointments. These include U.S. ambassadors and foreign consuls, Supreme Court justices and federal judges, U.S. attorneys, U.S. marshals, Cabinet officers, independent agency heads, and members of regulatory commissions. To ensure that the president can fill vacancies when the Senate is not in session, the president can make any of these appointments without Senate approval, but these “recess appointments” end at the end of the next Senate session.

Congress may choose to require Senate approval of other presidential appointments or let the president, courts or department heads appoint staff and agency employees without approval by the Senate.

Section 3
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

During his or her term, the president must report to Congress about how things are going in the country. Every president from Jefferson to Taft fulfilled this duty with a written statement submitted to Congress. But in 1913, Woodrow Wilson resumed George Washington’s practice of directly addressing a joint session of Congress. This “State of the Union” speech, a tradition that continues to this day, usually occurs in January or February each year.

The president also has the power, in extreme cases, to call both the House of Representatives and the Senate together for a special session. The president is given the power to meet with representatives from other nations on behalf of the United States and to otherwise run the country by enforcing the laws and directing officers and staff.

Section 4
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors

The Constitution provides that the president, vice president, and other federal officers can be removed from office upon impeachment by the House and conviction by the Senate of treason, bribery, or other serious crimes. The process was begun only three times in U.S. history against a president — against Andrew Johnson, Richard Nixon (although he resigned before Congress could formally act) and Bill Clinton.

The impeachment process begins in the House of Representatives with a vote to impeach. Then the president (or other accused government official) stands trial for the accusations in the Senate. The Chief Justice of the United States presides at an impeachment trial of the president.

In all impeachment trials, members of the House serve as prosecutors and the full Senate sits as the jury. The accused official must be convicted by a two-thirds vote of the Senate to be removed from office.

Article III

Section 1
The judicial Power of the United States shall be vested in one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Article III establishes the federal court system. The first section creates the U.S. Supreme Court as the federal system’s highest court. The Supreme Court has final say on matters of federal law that come before it. Today, the U.S. Supreme Court has nine justices who are appointed by the president with the approval of the Senate.

Congress has the power to create and organize the lower federal courts. Today, there are lower federal courts in every state. A case is filed and tried in the federal district courts and in some specialty courts, such as admiralty or bankruptcy courts. The trial courts look at the facts of the case and decide guilt or innocence or which side is right in an argument or dispute. The courts of appeal hear appeals of the losing parties. The appellate courts look at whether the trial was fair, whether the process followed the rules, and whether the law was correctly applied.

To ensure that they are insulated from political influence, federal judges are appointed for life as long as they are on “good behavior.” This generally means for as long as they want the job or until they are impeached for committing a serious crime. In addition, the Constitution specifies that Congress cannot cut a judge’s pay. This prevents members of Congress from punishing a judge when they do not like one of his or her decisions.

Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—[between a State and Citizens of another State;-]8 between citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States [and between a State, or the Citizens thereof;—and foreign States, Citizens or Subjects.]9

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

8. Modified by Amendment XI.

9. Modified by Amendment XI.

The federal courts will decide arguments over how to interpret the Constitution, all laws passed by Congress, and our nation’s rights and responsibilities in agreements with other nations. In addition, federal courts can hear disputes that may arise between states, between citizens of different states, and between states and the federal government.

In 1803, in the case of Marbury v. Madison, the Supreme Court, in an opinion written by Chief Justice John Marshall, interpreted Article III and Article VI to give the federal courts final say over the meaning of the federal Constitution and federal laws and the power to order state and federal officials to comply with its rulings. The federal courts can make decisions only on cases that are brought to them by a person who is actually affected by the law. Federal courts are not allowed to create cases on their own, even if they believe a law is unconstitutional, nor are they allowed to rule on hypothetical scenarios.

Almost all federal cases start in federal district courts, where motions are decided and trials held. The cases are then heard on appeal by the federal courts of appeal and then by the Supreme Court if four justices of the nine-member court decide to hear the case. Congress can limit the power of the appeals courts by changing the rules about which cases can be appealed. State cases that involve an issue of federal law can also be heard by the Supreme Court after the highest court in the state rules (or refuses to rule) in the case. The Supreme Court accepts only a small number of cases for review, typically around 80 cases each year. In a small number of lawsuits — those involving ambassadors, public ministers and consuls, or where a state is a party — the Supreme Court is the first court to hear the case.

The federal courts also have final say over guilt or innocence in federal criminal cases. A defendant in a criminal case, except impeachment, has a right to have his or her case heard by a jury in the state where the crime occurred.

Section 3
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Treason is the only crime specifically defined in the Constitution. According to Article III, Section 3, a person is guilty of treason if he or she goes to war against the United States or gives “aid or comfort” to an enemy. He or she does not have to physically pick up a weapon and fight in combat against U.S. troops. Actively helping the enemy by passing along classified information or supplying weapons, for example, can lead to charges of treason.

Vocal opposition to a U.S. war effort through protest and demonstration, however, is protected by the free speech clause in the First Amendment. A conviction of treason must be based either on an admission of guilt in open court or on the testimony of two witnesses.

Congress may set the punishment, but it must be directed only at the guilty person and not at his or her friends or family if they were not involved in the crime.

Article IV

Section 1
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Article IV, Section 1 ensures that states respect and honor the state laws and court orders of other states, even when their own laws are different. For example, if citizens of New Jersey marry, divorce, or adopt children in New Jersey, Florida must recognize these actions as valid even if the marriage or divorce would not have been possible under Florida law. Similarly, if a court in one state orders a person to pay money or to stop a certain behavior, the courts in other states must recognize and enforce that state’s order.

Article IV, Section 1 also gives Congress the power to determine how states recognize records and laws from other states and how they enforce each others’ court orders. For example, Congress may pass a federal law that specifies how states must handle child custody disputes when state laws are different or that sets out the process by which a person winning a lawsuit in one state can enforce the order in another state.

Section 2
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

[No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.]10

10. Modified by Amendment XIII.

Article IV, Section 2 guarantees that states cannot discriminate against citizens of other states. States must give people from other states the same fundamental rights it gives its own citizens. For example, Arizona cannot prohibit New Mexico residents from traveling, owning property, or working in Arizona, nor can the state impose substantially different taxes on residents and nonresidents. But certain distinctions between residents and nonresidents—such as giving state residents a right to buy a hunting license at a lower cost— are permitted.

Article IV, Section 2 also establishes rules for when an alleged criminal flees to another state. It provides that the second state is obligated to return the fugitive to the state where the crime was committed. The process used to return fugitives (extradition) was first created by Congress and originally enforced by the governors of each state. Today courts enforce the return of accused prisoners. Fugitives do not need to have been charged with the crime in the first state in order to be captured in the second and sent back. Once returned, the state can charge the accused with any crime for which there is evidence.

In contrast, when a foreign country returns a fugitive to a state for trial, the state is only allowed to try the fugitive on the charges named in the extradition papers (the formal, written request for the fugitive’s return).

The fugitives from labor provision gave slave owners a nearly absolute right to recapture runaway slaves who fled to another state, even if slavery was outlawed in that state. This also meant that state laws in free states intended to protect runaway slaves were unconstitutional because they interfered with the slave owner’s right to the slave’s return. The adoption of Amendment XIII, which abolishes slavery and prohibits involuntary servitude, nullified this provision.

Section 3
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Congress can admit new states into the Union, but a single state cannot create a new state within its boundaries. For example, the state of New York cannot make New York City a separate state. In addition, two states, or parts of states (i.e. Oregon and Idaho or Wilmington, Delaware, and Philadelphia, Pennsylvania) cannot become states without the consent of the various state legislatures and Congress. Although an original version of the Constitution included a requirement that each new state join the Union on equal footing with the other states, the language was removed before the document was approved. Nevertheless, Congress has always granted new states rights equal to those of existing states.

Not all of the lands that are owned or controlled by the United States are states. Some lands are territories, and Congress has the power to sell off or regulate the territories. This includes allowing U.S. territories to become independent nations, as was done with the Philippines, or regulating the affairs of current U.S. territories like the District of Columbia, Guam, or Puerto Rico. In addition, this provision gives Congress the power to set rules for lands owned by the United States, such as the national parks and national forests. The last sentence of this clause makes sure that nothing in the Constitution would harm the rights of either the federal government or the states in disputes over property.

Section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature can-not be convened) against domestic Violence.

This provision, known as the guarantee clause, is attributed to James Madison. It has not been widely interpreted, but scholars think it ensures that each state be run as a representative democracy, as opposed to a monarchy (run by a king or queen) or a dictatorship (where one individual or group of individuals controls the government). Courts however have been reluctant to specify what exactly a republican form of government means, leaving that decision exclusively to Congress.

The section also gives Congress the power (and obligation) to protect the states from an invasion by a foreign country, or from significant violent uprisings within each state. It authorizes the legislature of each state (or the executive, if the legislature cannot be assembled in time) to request federal help with riots or other violence.

Article V

Section 1
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Realizing that over time the nation may want to make changes to the Constitution, Article V establishes the amendment process. But unlike laws and regulations, which can be passed or amended by a simple majority of those voting in Congress, the Constitution is difficult to change. An amendment can be offered in one of two ways: when two-thirds of the Senate (67 of 100 senators) and two-thirds of the House of Representatives (290 of 435 representatives) call for a change to be made; or when two-thirds of the states (34 of 50 states) call for a national constitutional convention (a gathering of representatives of each state) to make a change.

Once the amendment is proposed, three-fourths of the state legislatures or state conventions (38 of 50 states) must vote to approve (ratify) the change. An amendment becomes effective when the necessary states have ratified it.

The article also forbids three specific amendments: that would deny a state its votes in the Senate, that before 1808 would enable Congress to prohibit the importation of slaves and that before 1808 would allow direct taxation except as based on the system of enumeration set out in Article I, Section 2. As a result, the three-fifths compromise contained in Article I, Section 9 remained in place until 1808 when Congress banned the international slave trade.

Article VI

Section 1
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Often referred to as the supremacy clause, this article says that when state law is in conflict with federal law, federal law must prevail. Because of the great number of federal and state laws, many of which deal with the same or similar topics, there have been many lawsuits claiming that state laws conflict with federal laws and are therefore invalid. In these lawsuits, the Supreme Court generally looks at whether Congress has established a national regulatory scheme and if so, states cannot regulate in that area.

The Court also looks at whether the state law directly interferes or is in conflict with federal law. In all of these cases, the supremacy clause ensures that federal law takes priority over, or preempts, state law. The prioritizing of federal over state powers is known as the “doctrine of preemption.”

Article VI also provides that both federal and state officials—including legislators and judges—must obey the U.S. Constitution (state officials have a duty to obey their own state constitutions and laws as well). To ensure freedom of religion, this article ensures that no public official be required to practice or pledge allegiance to any particular religion.

Article VII

Section 1
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

All of the states, except Rhode Island held conventions to ratify the Constitution, although North Carolina’s convention adjourned without voting on the document. Delaware was the first state to ratify the Constitution in 1787 and New Hampshire became the ninth state to ratify on June 21, 1788.

The new government began with the convening of the first federal Congress on March 4, 1789. Both North Carolina (in 1789) and Rhode Island (in 1790) ratified the Constitution after Congress passed the Bill of Rights and sent it to the states for ratification.