Gov Constitution

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The United States

Constitution e the People
of the United
Commentary
States, in Order to form a
more perfect Union,
Preamble
Short and dignified, the
establish Justice, insure
Preamble explains the goals of the
government under the Constitution.
domestic Tranquility,
These goals include ensuring justice
and peace, providing protection provide for the common
against foreign enemies, promoting the
general well-being of the people, and defense, promote the
securing liberty for current and future
generations. The phrase “We the People” has become a general Welfare, and secure
signature of American democracy. The Framers firmly
established the people’s authority by creating a republic, a the Blessings of Liberty to
government in which people exercise their sovereignty by
electing representatives to govern them. “To form a more
perfect Union” means that the new government will
ourselves and our Posterity,
provide greater cooperation among the states than was
outlined in the Articles of Confederation.
do ordain and establish this
Constitution for the
United States of America.
Article I: Legislative Branch Article I
Section 1. Congress Section 1.
The first three articles of the Constitution divide the All legislative Powers herein granted shall be
powers of U.S. government among three separate branches. vested in a Congress of the United States, which
Article I establishes Congress, a bicameral legislature shall consist of a Senate and House of
consisting of the House of Representatives and the Senate. Representatives.
It also grants only Congress the power to make laws.
Section 2.
Section 2. The House of Representatives 1. Elections The House of Representatives shall
1. Elections Members of the House of Representatives be composed of Members chosen every second Year
are elected to serve two-year terms. A person is eligible to by the People of the several States, and the Electors in
vote for representatives if he or she is eligible to vote for each State shall have the Qualifications requisite
the state house with the most members. Who can vote for for Electors of the most numerous Branch of the
state legislators is entirely up to each state, subject to the State Legislature.
restrictions of the Constitution and federal law.
2. Qualifications N o P e r s o n s h a l l b e a
2. Qualifications A representative must be at least 25 Representative who shall not have attained to the
years old, a U.S. citizen for at least seven years, and a Age of twenty five Years, and been seven Years a
resident of the state he or she represents. Subject to con- Citizen of the United States, and who shall not, when
stitutional limits, each state determines for itself the elected, be an Inhabitant of that State in which he
requirements for legal residence. Most representatives shall be chosen.
live not only in the state but also in the district from
which they were chosen. Note: The parts of the Constitution that have been
lined through are no longer in force or no longer apply
because of later amendments. The titles of the sections
and articles are added for easier reference.
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Commentary
3. Number of Representatives Representatives 3. Number of Representatives The number of

representatives given to each state shall be based on its
and direct Taxes shall be apportioned among the
population, determined by a general census every 10
several States which may be included within this
years. Each state shall have at least one representative.
Union, according to their respective Numbers, which
shall be determined by adding to the whole Number “Those bound to Service” refers to indentured
of free Persons, including those bound to Service for servants. “Three fifths of all other Persons” refers to
a Term of Years, and excluding Indians not taxed, enslaved African Americans. Slaves made up a large part
three fifths of all other Persons. The actual of the population in several southern states. Counting all
Enumeration shall be made within three Years after the slaves would have given the southern states much
the first Meeting of the Congress of the United States, greater representation in Congress, but because some
and within every subsequent Term of ten Years, in taxes were based on population it would have also
such Manner as they shall by Law direct. The increased taxes. Southern states wanted to count all slaves
Number of Representatives shall not exceed one for for representation purposes but none for taxation.
every thirty Thousand, but each State shall have at Northern states objected. In the Three-Fifths Compromise,
Least one Representative; and until such enumeration delegates agreed that all whites plus three-fifths of the
shall be made, the State of New Hampshire shall be slave population would be counted for both representa-
entitled to choose three, Massachoosetts eight, tion and taxation. Native Americans were not counted.
Rhode-Island and Providence Plantations one, The requirement that there shall be no more than one
Connecticut five, New-York six, New Jersey four, representative for every 30,000 persons no longer has
Pennsylvania eight, Delaware one, Maryland six, practical force. There is now one representative for about
Virginia ten, North Carolina five, South Carolina every 650,000 persons. The Reapportionment Act of 1929
five, and Georgia three. fixed the permanent size of the House at 435 members,
with each state having at least one representative.
4. Vacancies If a vacancy occurs in a House seat, that
4. Vacancies When vacancies happen in the
state’s governor must call a special election to fill it.
Representation from any State, the Executive
However, if the next regularly scheduled election is to be
Authority thereof shall issue Writs of Election to fill
held soon, the governor may allow the seat to remain
such Vacancies.
empty rather than call a special election.
5. Officers and Impeachment The House of
5. Officers and Impeachment The House chooses
Representatives shall choose their Speaker and other
an officer called the Speaker to lead meetings. The House
Officers; and shall have the sole Power of
alone has the power to bring impeachment charges
impeachment.
against government officials.
Section 3. The Senate

Section 3.
1. Number of Senators Each state has two senators
1. Number of Senators The Senate of the who serve six-year terms and have one vote each. The
United States shall be composed of two Senators
Constitution at first provided that each state legislature
from each State, chosen by the Legislature thereof,
should select the state’s senators, but the Seventeenth
for six Years; and each Senator shall have one Vote.
Amendment changed this provision by allowing the
2. Classifying Terms Immediately after they voters of each state to choose their own senators.
shall be assembled in Consequence of the first
2. Classifying Terms Senators are elected to six-year
Election, they shall be divided as equally as may be
terms. Every two years, one-third of the senators are
into three Classes. The Seats of the Senators of the
elected and two-thirds remain in office. This arrangement,
first Class shall be vacated at the Expiration of the
called overlapping terms of office, makes the Senate a
second Year, of the second Class at the Expiration of
continuing body, unlike the House, whose entire
the fourth Year, and of the third Class at the
membership is elected every two years. The Seventeenth
Expiration of the sixth Year, so that one third may be
Amendment changed the method of filling vacancies. In
chosen every second Year; and if Vacancies happen
case of a vacancy, the seat is to be filled by a special
by Resignation, or otherwise, during the Recess of
election called by the governor. However, state law may
the Legislature of any State, the Executive thereof
allow the governor to appoint a successor to serve until
may make temporary Appointments until the next
that election is held.
Meeting of the Legislature, which shall then fill such
Vacancies. 3. Qualifications A senator must be at least 30 years
old, a U.S. citizen for at least nine years, and a resident of
3. Qualifications No Person shall be a Senator
the state from which he or she is elected.
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.
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4. Role of Vice President The vice president serves

4. Role of Vice President The Vice President of the
as president of the Senate. However, he or she votes only
United States shall be President of the Senate, but shall
when a tie vote occurs.
have no Vote, unless they be equally divided.
5. Officers The Senate elects an officer called the
5. Officers The Senate shall choose their other
president pro tempore, or temporary president, to lead
Officers, and also a President pro tempore, in the
meetings when the vice president is absent.
Absence of the Vice President, or when he shall
exercise the Office of President of the United States.
6. Impeachment Trials The phrase “on Oath or 6. Impeachment Trials The Senate shall have
Affirmation” means that senators are placed under oath the sole Power to try all Impeachments. When sitting
when trying impeachment cases, just as jurors are in a for that Purpose, they shall be on Oath or Affirmation.
regular court trial. The provision that the chief justice, When the President of the United States is tried, the
and not the vice president, presides over the Senate in an Chief Justice shall preside: And no Person shall be
impeachment trial probably grows out of the fact that a convicted without the Concurrence of two thirds of
conviction would make the vice president the president. the Members present.
7. Punishment for Impeachment If an impeached 7. Punishment for Impeachment Judgment in
person is found guilty, he or she is removed from office Cases of Impeachment shall not extend further than to
and forbidden to hold federal office again. The Senate removal from Office, and disqualification to hold and
cannot impose any other punishment, but the person enjoy any Office of honor, Trust or Profit under the
may also be tried in regular courts. Two presidents, United States: but the Party convicted shall nevertheless
Andrew Johnson and Bill Clinton, were impeached but be liable and subject to Indictment, Trial, Judgment and
were not removed from office. Punishment, according to Law.
Section 4. Congressional Elections Section 4.

1. Regulations Each state legislature may decide the 1. Regulations The Times, Places and Manner of
time, place, and method for electing members of Congress holding Elections for Senators and Representatives,
from their state. 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.
2. Sessions In Europe rulers could keep parliaments
from meeting simply by not calling them together. This is 2. Sessions The Congress shall assemble at least
the reason for the requirement that Congress must meet at once in every Year, and such Meeting shall be on the
least once a year. The Twentieth Amendment changed the first Monday in December, unless they shall by Law
date of the opening day of the session to January 3. appoint a different Day.
Section 5. Rules and Procedures Section 5.

1. Quorum Each house determines if its members are 1. Quorum Each House shall be the Judge of the
legally qualified to serve and have been elected fairly. A Elections, Returns and Qualifications of its own
quorum is the minimum number of legislators required Members, and a Majority of each shall constitute a
to carry on business. Discussion and debate can take Quorum to do Business; but a smaller Number may
place whether a quorum is present or not, as long as a adjourn from day to day, and may be authorized to
quorum comes in to vote. However, any member may compel the Attendance of absent Members, in
demand a “quorum call.” If a quorum is not present, the such Manner, and under such Penalties as each House
house must adjourn or the sergeant at arms can be may provide.
ordered to round up absent members.
2. Rules and Conduct When acting on motions to 2. Rules and Conduct E a c h H o u s e m a y
expel a member, either house of Congress may consider determine the Rules of its Proceedings, punish its
other matters bearing on that member’s fitness for office. Members for disorderly Behaviour, and, with the
Each house makes its own rules, can punish its members, Concurrence of two thirds, expel a Member.
and can expel a member with a two-thirds vote.
3. Records The House Journal and the Senate Journal 3. Records Each House shall keep a Journal of
are published at the end of each session of Congress. its Proceedings, and from time to time publish the
They list all the bills and resolutions considered during same, excepting such Parts as may in their Judgment
the session, as well as every vote. All messages from the require Secrecy; and the Yeas and Nays of the
president to Congress also are included. The journals are Members of either House on any question shall, at
the only publications required by the Constitution and the Desire of one fifth of those Present, be entered on
are considered the official documents for the proceedings the Journal.
of Congress.

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4. Adjournment While in session, neither the House

4. Adjournment Neither House, during the
of Representatives nor the Senate may go into recess for
Session of Congress, shall, without the Consent of
more than three days without the approval of the other
the other, adjourn for more than three days, nor to
house. Both houses of Congress must always meet in the
any other Place than that in which the two Houses
same location.
shall be sitting.
Section 6. Payment
Section 6.
1. Salary The Senate and the House of Representatives
1. Salary The Senators and Representatives shall
each set their members’ salaries. Members of Congress
receive a Compensation for their Services, to be
are technically immune from arrest while going to and
ascertained by Law, and paid out of the Treasury of
from congressional business, although this has little
the United States. They shall in all Cases, except
importance today. Members of Congress, like anyone else,
Treason, Felony and Breach of the Peace, be privileged
may be arrested for breaking the law. Congressional
from Arrest during their Attendance at the Session of
immunity from charges of libel and slander remains
their respective Houses, and in going to and returning
important. Immunity under the speech and debate clause
from the same; and for any Speech or Debate in
means that members of Congress may say whatever they
either House, they shall not be questioned in any
wish in connection with congressional business without
other Place.
fear of being sued.
2. Restrictions No Senator or Representative
2. Restrictions These provisions prevent members of
shall, during the Time for which he was elected, be
Congress from creating jobs to which they can later be
appointed to any civil Office under the Authority of
appointed, from raising the salaries (emoluments) of jobs
the United States, which shall have been created, or
they hope to hold in the future, and from holding office
the Emoluments whereof shall have been increased
in other branches of government during their term
during such time; and no Person holding any Office
(continuance) in Congress.
under the United States, shall be a Member of either
House during his Continuance in Office.
Section 7.
Section 7. How a Bill Becomes a Law
1. Tax Bills All Bills for raising Revenue shall 1. Tax Bills All tax bills must originate in the House.
originate in the House of Representatives; but the
This rule has little importance today. The Senate can
Senate may propose or concur with Amendments as
amend a tax bill to such an extent that it no longer
on other Bills.
resembles the original bill.
2. Lawmaking Every Bill which shall have
2. Lawmaking A bill passed by both houses of
passed the House of Representatives and the Senate,
Congress goes to the president for the president’s
shall, before it become a Law, be presented to the
approval. If the president disapproves, or vetoes, the bill,
President of the United States: If he approve he shall
it must be returned to Congress within 10 days, not
sign it, but if not he shall return it, with his Objections
including Sundays, along with a statement of the
to that House in which it shall have originated, who
president’s objections. Congress can override the
shall enter the Objections at large on their Journal,
president’s veto, thus making the bill a law, with a two-
and proceed to reconsider it. If after such
thirds majority vote in each house. The president can
Reconsideration two thirds of that House shall agree
allow a bill to become law without signing it merely by
to pass the Bill, it shall be sent, together with the
letting 10 days pass while Congress is in session.
Objections, to the other House, by which it shall
However, a bill sent to the president during the last 10
likewise be reconsidered, and if approved by two
days of a congressional session cannot become law unless
thirds of that House, it shall become a Law. But in all
it is signed. If a bill reaches the president near the end of
such Cases the Votes of both Houses shall be
the session, the bill may simply be held unsigned. When
determined by yeas and Nays, and the Names of the
Congress adjourns, the bill is killed. This practice is
Persons voting for and against the Bill shall be
known as a pocket veto.
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.

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Commentary
3. Role of the President Every Order, Resolution,

3. Role of the President This clause covers joint or Vote to which the Concurrence of the Senate and
resolutions, measures that Congress often passes to deal House of Representatives may be necessary (except on
with temporary or ceremonial matters. A joint resolution a question of Adjournment) shall be presented to the
passed by Congress and signed by the president has the President of the United States; and before the Same
same force of law as a bill. However, concurrent and shall take Effect, shall be approved by him, or being
simple resolutions do not have the force of law and are dis-approved by him, shall be repassed by two thirds
not submitted to the president. of the Senate and House of Representatives, according
to the Rules and Limitations prescribed in the Case
of a Bill.
Section 8. Powers Granted to Congress Section 8.
1. Taxation Congress has the power to establish and 1. Taxation The Congress shall have Power To
collect taxes, duties, and excises. Duties are taxes on lay and collect Taxes, Duties, Imposts and Excises, to
goods coming into the United States. Excises are taxes on pay the Debts and provide for the common Defense
the sale, use, or production of goods as well as on some and general Welfare of the United States; but all
business procedures or privileges. Imposts is a general Duties, Imposts and Excises shall be uniform
tax term that includes both duties and excises. throughout the United States;
2. Credit In order to help finance the government, 2. Credit To borrow Money on the credit of the
Congress has the power to borrow money. United States;
3. Commerce This section, called the commerce clause, 3. Commerce To regulate Commerce with
gives Congress authority over commercial activity with foreign Nations, and among the several States, and
foreign nations and within the country. Commerce with the Indian Tribes;
“among the several States” is usually refered to as
interstate commerce.
4. Naturalization and Bankruptcy Congress has 4. Naturalization and Bankruptcy To establish
the power to set up rules regarding naturalization, the an uniform Rule of Naturalization, and uniform
process by which a foreign-born person may become a Laws on the subject of Bankruptcies throughout the
U.S. citizen. Congress also has the power to make laws United States;
covering bankruptcy.
5. Money From this clause, Congress gets its power to 5. Money To coin Money, regulate the Value
charter national banks, to establish the Federal Reserve thereof, and of foreign Coin, and fix the Standard of
System, and to print money. This clause also gives Weights and Measures;
Congress the power to set the exchange rate for foreign
money and standards for measurement and weight.
6. Counterfeiting Congress has the power to make 6. Counterfeiting To provide for the Punishment
laws to prosecute those found guilty of counterfeiting of counterfeiting the Securities and current Coin of
money or securities. Securities are government bonds. the United States;
7. Post Office Congress has the power to establish a 7. Post Office To establish Post Offices and
postal system. Post roads include all routes by which post Roads;
mail travels.
8. Patents and Copyrights Under this clause, 8. Patents and Copyrights To promote the
Congress has the power to grant patents and copyrights. Progress of Science and useful Arts, by securing for
A patent gives inventors the exclusive right to control the limited Times to Authors and Inventors the exclusive
production and sale of their inventions. A copyright gives Right to their respective Writings and Discoveries;
authors and composers the exclusive right to control the
publication, reproduction, and sale of their work. Patents
and copyrights expire after a period of time.
9. Courts To constitute Tribunals inferior to the
9. Courts Congress has the power to create federal supreme Court;
courts. Examples of courts “inferior to the supreme
Court” include district courts and courts of appeals.
10. International Law Congress, rather than the states, 10. International Law To define and punish
has jurisdiction over crimes committed at sea and crimes Piracies and Felonies committed on the high Seas,
committed within the United States that are against the and Offences against the Law of Nations;
laws of other nations.

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Commentary
11. War Only Congress can declare war. However, the

11. War To declare Wa r, grant
president, as commander in chief, has engaged the United
Letters of Marque and Reprisal, and make Rules
States in wars without a declaration by Congress. Letters
concerning Captures on Land and Water;
of marque and reprisal are documents that authorize
private vessels to attack enemy ships during time of war.
This practice is now prohibited by international law.
12. Army To raise and support Armies, but no
12. Army and 13. Navy Congress has the power to
Appropriation of Money to that Use shall be for a
establish and fund the nation’s armed forces. The two-year
longer Term than two Years;
limit on funding is designed to ensure civilian control over
13. Navy To provide and maintain a Navy; the military by requiring that Congress pass a new military
budget every two years.
14. Regulation of the Military Congress has the
14. Regulation of the Military To make Rules power to make laws regulating the armed forces. Today
for the Government and Regulation of the land and these laws are covered in the Uniform Code of Military
naval Forces; Justice, which went into effect in 1951 and has been
amended several times over the years.
15. Militia To provide for calling forth the Militia 15. Militia Congress can regulate the calling forth of
to execute the Laws of the Union, suppress state militias. Congress has given the president power to
Insurrections and repel Invasions; decide when a state of invasion or uprising exists. At such
times, the president can call out the militia, now known as
the National Guard.
16. Regulation of the Militia To provide for
organizing, arming, and disciplining, the Militia, and 16. Regulation of the Militia The federal government
for governing such Part of them as may be employed shares the cost and maintenance of the National Guard.
in the Service of the United States, reserving to the National Guard units are normally under the command
States respectively, the Appointment of the Officers, of the state governor, but the president has the power
and the Authority of training the Militia according to to take command of any or all Guard units in a state
the discipline prescribed by Congress; of emergency.
17. District of Columbia To exercise exclusive 17. District of Columbia The District of Columbia
Legislation in all Cases whatsoever, over such District was created out of land ceded by the states of Virginia and
(not exceeding ten Miles square) as may, by Cession Maryland. This clause grants Congress the power to govern
of particular States, and the Acceptance of Congress, the District of Columbia and federal properties on which
become the Seat of the Government of the United forts, naval bases, arsenals, and other federal works or
States, and to exercise like Authority over all Places buildings are located. Congress also has the power to
purchased by the Consent of the Legislature of the purchase land from the states for federal use.
State in which the Same shall be, for the Erection of
18. Necessary and Proper Clause The famous
Forts, Magazines, Arsenals, dock-Yards, and other
necessary and proper clause, also known as the elastic
needful Buildings;—And
clause, gives Congress implied powers to deal with many
18. Necessary and Proper Clause To make all matters not specifically mentioned in the Constitution.
Laws which shall be necessary and proper for As times have changed, this clause has allowed Congress
carrying into Execution the foregoing Powers, and all to pass needed laws without amending the Constitution.
other Powers vested by this Constitution in the
Government of the United States, or in any
Department or Officer thereof.
Section 9. Powers Denied Congress
Section 9. 1. Slave Trade This clause prevented Congress from
1. Slave Trade The Migration or Importation regulating the importation of slaves into the United States
of such Persons as any of the States now existing for a period of 20 years. In 1808, after the expiration of
shall think proper to admit, shall not be prohibited this restriction, Congress outlawed the foreign slave trade.
by the Congress prior to the Year one thousand eight Slavery, however, remained legal in some parts of the
hundred and eight, but a Tax or duty may be imposed United States until 1865.
on such Importation, not exceeding ten dollars for
2. Habeas Corpus A writ of habeas corpus is an order
each Person.
that commands people who have a person in their custody
2. Habeas Corpus The Privilege of the to bring that person into court to explain why he or she is
Writ of Habeas Corpus shall not be suspended, unless being held. If their explanation is unsatisfactory, the judge
when in Cases of Rebellion or Invasion the public can rule that the detention is illegal and order the prisoner
Safety may require it. released. This right, however, can be suspended by
Congress in some rare circumstances.

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3. Illegal Punishment This clause prevents Congress

3. Illegal Punishment No Bill of Attainder or
from passing bills of attainder or ex post facto laws. A
ex post facto Law shall be passed.
bill of attainder is an act passed by a legislature to punish
a person without a trial. An ex post facto law is one that
provides punishment for an act that was not illegal when
the act was committed.
4. Direct Taxes No Capitation, or other direct, Tax
4. Direct Taxes A capitation is a tax collected equally
shall be laid, unless in Proportion to the Census or
from everyone. It is also called a head tax or a poll tax.
enumeration herein before directed to be taken.
The Supreme Court once held that this section prohibits
an income tax. The Sixteenth Amendment set aside the
Court’s decision and gave Congress the right to collect
income tax.
5. Export Taxes No Tax or Duty shall be laid on
5. Export Taxes This clause forbids Congress from taxing
Articles exported from any State.
goods exported from the states.
6. No Favorites No Preference shall be given by
6. No Favorites Congress cannot make laws concerning
any Regulation of Commerce or Revenue to the Ports
trade that favor one state over another. Ships going from one
of one State over those of another; nor shall Vessels
state to another need not pay taxes to do so.
bound to, or from, one State, be obliged to enter,
clear, or pay Duties in another.
7. Public Money No Money shall be drawn from
7. Public Money Government money cannot be spent
the Treasury, but in Consequence of Appropriations
without the consent of Congress. This clause gives
made by Law; and a regular Statement and Account
Congress the “power of the purse” and provides Congress
of the Receipts and Expenditures of all public Money
with an important check on presidential power. Congress
shall be published from time to time.
must issue financial statements periodically.
8. Titles of Nobility No Title of Nobility shall be
8. Titles of Nobility Congress cannot give anyone a
granted by the United States: And no Person holding any
title of nobility, such as countess or duke. The clause also
Office of Profit or Trust under them, shall, without the
prohibits federal officials from accepting a gift, office,
Consent of the Congress, accept of any present,
payment, or title from a foreign country without the
Emolument, Office, or Title, of any kind whatever, from
consent of Congress.
any King, Prince, or foreign State.
Section 10. Powers Denied the States Section 10.

1. Restrictions The states are not allowed to make 1. Restrictions No State shall enter into any
agreements or treaties with foreign countries, nor are Treaty, Alliance, or Confederation; grant Letters of
they allowed to issue their own currency. Both of these Marque and Reprisal; coin Money; emit Bills of
powers are exclusive to the national government. Other Credit; make any Thing but gold and silver Coin a
powers that are denied Congress are denied the states Tender in Payment of Debts; pass any Bill of
as well. Attainder, ex post facto Law, or Law impairing
the Obligation of Contracts, or grant any Title
of Nobility.
2. Import and Export Taxes Without the consent of 2. Import and Export Taxes No State shall,
Congress, a state cannot tax goods entering or leaving without the Consent of the Congress, lay any Imposts
the state, except for small fees to cover inspection costs. or Duties on Imports or Exports, except what may be
Profits from a tax on interstate commerce go to the absolutely necessary for executing it’s inspection
federal government. 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
Control of the Congress.
3. Peacetime and War Restraints States are 3. Peacetime and War Restraints No State
prevented from levying taxes on ships based on the ships’ shall, without the Consent of Congress, lay any Duty
cargo capacity, maintaining a standing army or navy, of Tonnage, keep Troops, or Ships of War in time of
making treaties with foreign countries, or waging war Peace, enter into any Agreement or Compact with
without the approval of Congress. Only the federal another State, or with a foreign Power, or engage in
government may make treaties and carry out measures War, unless actually invaded, or in such imminent
for national defense. Danger as will not admit of delay.

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Commentary
Article II Article II: The Executive Branch

Section 1. Section 1. The Presidency
1. Terms of Office The executive Power shall be 1. Terms of Office The president is the chief of the
vested in a President of the United States of America. executive branch. It is the job of the president to enforce
He shall hold his Office during the Term of four the laws. The Framers set up the electoral system, which
Years, and, together with the Vice President, chosen differs greatly from out electoral process today.
for the same Term, be elected, as follows:
2. Electoral College Although the Constitution does
2. Electoral College Each State shall appoint, in not use the term electoral college, that body is established
such Manner as the Legislature thereof may direct, a in this clause. The electoral college is a group of electors
Number of Electors, equal to the whole Number of chosen in every state to select the president and vice
Senators and Representatives to which the State may president. The number of electors each state has is
be entitled in the Congress: but no Senator or equal to that state’s number of representatives and senators
Representative, or Person holding an Office of Trust in Congress.
or Profit under the United States, shall be appointed
an Elector.
3. Former Method of Electing President
3. Former Method of Electing President T h e
Originally, electors voted for two individuals, but did not
Electors shall meet in their respective States, and vote
specify which was to be president and which was to be
by Ballot for two Persons, of whom one at least shall
vice president. The person who received the most votes
not be an Inhabitant of the same State with themselves.
became president, while the runner-up became
And they shall make a List of all the Persons voted for,
vice president.
and of the Number of Votes for each; which List they
shall sign and certify, and transmit sealed to the Seat of In the election of 1800, candidates Thomas Jefferson
the Government of the United States, directed to the and Aaron Burr received the same number of votes. The
President of the Senate. The President of the Senate tie threw the election into the House of Representatives,
shall, in the Presence of the Senate and House of which chose Jefferson to become president. The Twelfth
Representatives, open all the Certificates, and the Votes Amendment, ratified in 1804, changed the procedure for
shall then be counted. The Person having the greatest electing the president and vice president.
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
choose 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 choose the
President. But in choosing 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 choose from them by Ballot the
Vice President.
4. Election Day The day for choosing electors was set
4. Election Day The Congress may determine by Congress as the Tuesday after the first Monday in
the Time of choosing the Electors, and the Day on
November of every fourth year. Casting of electoral votes
which they shall give their Votes; which Day shall be
is then held the Monday after the second Wednesday
the same throughout the United States.
in December.
5. Qualifications No Person except a natural
5. Qualifications The president must have been born
born Citizen, or a Citizen of the United States, at the
a U.S. citizen, be at least 35 years old, and have been a
time of the Adoption of this Constitution, shall be
resident of the United States for at least 14 years. The
eligible to the Office of President; neither shall any
youngest person elected president was John F. Kennedy,
Person be eligible to that Office who shall not have
who was 43 years old when he was inaugurated.
attained to the Age of thirty five Years, and been
Theodore Roosevelt was 42 when he assumed office after
fourteen Years a Resident within the United States.
the assassination of William McKinley.

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Commentary
6. Succession The vice president becomes president

6. Succession In Case of the Removal of the
if the president dies, resigns, or leaves office before the
President from Office, or of his Death, Resignation,
end of the term. Congress has the power to provide for
or Inability to discharge the Powers and Duties of the
the succession of the presidency if both the president and
said Office, the Same shall devolve on the Vice
vice president are unable to serve. The Twenty-fifth
President, and the Congress may by Law provide for
Amendment, ratified in 1967, clarified this clause to
the Case of Removal, Death, Resignation or Inability,
specify the order and conditions of succession.
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. Salary The president’s salary cannot be raised or
7. Salary The President shall, at stated Times,
lowered during his or her term of office. This ensures
receive for his Services, a Compensation, which shall
that Congress cannot attempt to influence the president
neither be increased nor diminished during the Period
by threatening to lower or promising to raise his or her
for which he shall have been elected, and he shall not
salary. In 1999 Congress voted to set future presidents’
receive within that Period any other Emolument from
salaries at $400,000 per year, plus an annual $50,000
the United States, or any of them.
expense account.
8. Oath of Office Before he enter on the Execution
8. Oath of Office This clause establishes the official
of his Office, he shall take the following Oath or
presidential oath of office. It does not state who shall
Affirmation:—“I do solemnly swear (or affirm) that I
administer the oath to the newly elected president.
will faithfully execute the Office of President of the
President George Washington was sworn in by Robert R.
United States, and will to the best of my Ability,
Livingston, then a state official in New York. After that,
preserve, protect and defend the Constitution of the
it became customary for the chief justice of the United
United States.”
States to administer the oath.
Section 2.
Section 2. Presidential Powers
1. Military Powers The President shall be
1. Military Powers The president serves as commander
Commander in Chief of the Army and Navy of the
in chief of the armed forces, including state militias when
United States, and of the Militia of the several States,
they are in service to the national government. The
when called into the actual Service of the United
president may establish executive departments, known as
States; he may require the Opinion, in writing, of the
the cabinet.
principal Officer in each of the executive Departments,
In addition, the president has the power to grant upon any Subject relating to the Duties of their
pardons and reprieves. A pardon forgives a person for his respective Offices, and he shall have Power to grant
or her crime and eliminates the punishment. A reprieve Reprieves and Pardons for Offences against the
postpones the carrying out of a person’s sentence. United States, except in Cases of Impeachment.
2. Treaties and Appointments He shall have
2. Treaties and Appointments However, the
Power, by and with the Advice and Consent of the
Framers of the Constitution intended that in some
Senate, to make Treaties, provided two thirds of the
matters, the Senate should serve as an advisory body for
Senators present concur; and he shall nominate, and
the president. The president can make treaties with
by and with the Advice and Consent of the Senate,
foreign nations and appoint various government officials,
shall appoint Ambassadors, other public Ministers
including Supreme Court justices. Two-thirds of the
and Consuls, Judges of the supreme Court, and all
senators present must approve before a treaty is
other Officers of the United States, whose
confirmed, and high appointments require approval of
Appointments are not herein otherwise provided for,
more than half the senators present. Executive
and which shall be established by Law: but the
agreements, or pacts with foreign governments on minor
Congress may by Law vest the Appointment of such
matters, do not require Senate approval.
inferior Officers, as they think proper, in the President
alone, in the Courts of Law, or in the Heads of
Departments.
3. Vacancies This clause grants the president the
3. Vacancies The President shall have Power to
power to fill vacancies without the Senate’s approval if
fill up all Vacancies that may happen during the
the Senate is not in session. Known as recess
Recess of the Senate, by granting Commissions which
appointments, they must be approved by the Senate by
shall expire at the End of their next Session.
the end of the next session.

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Commentary
Section 3. Section 3. Presidential Duties

He shall from time to time give to the Congress This clause outlines several presidential duties, including
Information of the State of the Union, and recommend addressing Congress, calling special sessions and
to their Consideration such Measures as he shall judge adjourning Congress, meeting with foreign dignitaries,
necessary and expedient; he may, on extraordinary enforcing the laws of Congress, and commissioning
Occasions, convene both Houses, or either of them, civilian and military officials. The president gives a State
and in Case of Disagreement between them, with of the Union message to Congress each year. During the
Respect to the Time of Adjournment, he may 1800s presidents often called Congress into session. Today
adjourn them to such Time as he shall think proper; Congress is in session most of the time. No president has
he shall receive Ambassadors and other public ever had to adjourn Congress. The responsibility to “take
Ministers; he shall take Care that the Laws be faithfully Care that the Laws be faithfully executed” puts the
executed, and shall Commission all the Officers of the president at the head of law enforcement for the national
United States. government. Every federal official, civilian or military, gets
his or her authority from the president.
Section 4. Section 4. Impeachment

The President, Vice President and all civil Officers of The impeachment process is outlined in the duties of the
the United States, shall be removed from Office on legislature in Article I. Section 4 states that the president,
Impeachment for, and Conviction of, Treason, vice president, and all other government officials can be
Bribery, or other high Crimes and Misdemeanors. impeached, tried, and convicted for abuse of power.
Article III: The Judicial Branch

Article III Section 1. Federal Courts and Judges
Section 1. The Constitution gives federal courts the power to hear
The judicial Power of the United States shall be cases between the government and individuals and
vested in one supreme Court, and in such inferior between private parties. The creation of only the Supreme
Courts as the Congress may from time to time ordain Court is spelled out in the Constitution, but Congress is
and establish. The Judges, both of the supreme and given the power to establish lower courts. The Constitution
inferior Courts, shall hold their Offices during good makes every effort to keep the courts independent of both
Behavior, and shall, at stated Times, receive for their the legislature and the president. The guarantee that judges
Services a Compensation, which shall not be shall hold office during “good Behaviour” means that,
diminished during their Continuance in Office. unless they are impeached and convicted, they can hold
office for life. This protects judges from any threat of
dismissal by the president during their lifetime. The rule
that a judge’s salary may not be reduced prevents Congress
Section 2. from using salary to influence judges.
1. General Authority The judicial Power shall
extend to all Cases, in Law and Equity, arising under Section 2. Authority of the Courts
this Constitution, the Laws of the United States, and 1. General Authority This clause identifies cases over
Treaties made, or which shall be made, under their which federal courts have jurisdiction. The right of the
Authority;—to all Cases affecting Ambassadors, federal courts to handle cases “arising under this
other public Ministers and Consuls;—to all Cases of Constitution” is the basis of the Supreme Court’s right to
admiralty and maritime Jurisdiction;—to declare laws unconstitutional. This right of judicial
Controversies to which the United States shall be a review was established in Marbury v. Madison (1803) in
Party;—to Controversies between two or more States an opinion written by Chief Justice John Marshall. The
—between a State and Citizens of another State; — Eleventh Amendment, ratified in 1795, set aside the phrase
between Citizens of different States;—between “between a State and Citizens of another State.” A citizen
Citizens of the same State claiming Lands under of one state cannot sue another in federal court.
Grants of different States, and between a State, or the
2. Supreme Authority The Supreme Court has
Citizens thereof, and foreign States, Citizens or
original jurisdiction in cases affecting the representatives
Subjects.
of foreign countries and in cases in which a state is a
2. Supreme Authority In all Cases affecting party, meaning that cases of this kind go directly to the
Ambassadors, other public Ministers and Consuls, and Supreme Court. In other kinds of cases, the Supreme
those in which a State shall be Party, the supreme Court Court has appellate jurisdiction. This means that the
shall have original Jurisdiction. In all the other Cases cases are tried first in a lower court and may come up to
before mentioned, the supreme Court shall have appellate the Supreme Court for review. Congress cannot take
Jurisdiction, both as to Law and Fact, with such away or modify the original jurisdiction of the Supreme
Exceptions, and under such Regulations as the Congress Court, but it can take away the right to appeal to that
shall make. Court or fix the conditions needed to present an appeal.

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Commentary
3. Trial by Jury With the exception of impeachment,

3. Trial by Jury The Trial of all Crimes, except in
people accused of a federal crime are guaranteed the
Cases of Impeachment, shall be by Jury; and such Trial
right to a trial by a jury in a federal court in the state in
shall be held in the State where the said Crimes shall
which the crime occurred.
have been committed; but when not committed within
Section 3. Treason any State, the Trial shall be at such Place or Places as
1. Definition The Framers included a specific the Congress may by Law have directed.
definition of treason, the only crime so defined in the Section 3.
Constitution, in order to prevent the misuse of such
1. Definition Treason against the United States,
charges. According to the Constitution, treason consists
shall consist only in levying War against them, or in
of plotting war against the United States or giving “Aid
adhering to their Enemies, giving them Aid and
and Comfort” to enemies of the United States. No person
Comfort. No Person shall be convicted of Treason
can be convicted of treason against the United States
unless on the Testimony of two Witnesses to the same
unless he or she confesses in open court or unless two
overt Act, or on Confession in open Court.
witnesses testify that he or she has committed a
treasonable act. 2. Punishment The Congress shall have Power to
declare the Punishment of Treason, but no
2. Punishment The punishment that Congress has set
Attainder of Treason shall work Corruption of Blood, or
for those convicted of treason ranges from a minimum of
Forfeiture except during the Life of the Person attainted.
five years in prison and/or a $10,000 fine to a maximum
of death. The phrase “no Attainder of Treason shall work
Corruption of Blood” means that the family of a traitor
does not share the guilt.
Article IV: Relations among States Article IV

Section 1.
Section 1. State Acts and Records
Full Faith and Credit shall be given in each State to the
This section requires each state to honor the laws, records,
public Acts, Records, and judicial Proceedings of every
and court decisions of all other states.
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.
Section 2. Rights of Citizens Section 2.

1. Citizenship This clause means that citizens traveling 1. Citizenship The Citizens of each State shall be
from state to state are entitled to all the rights and freedoms entitled to all Privileges and Immunities of Citizens in
that automatically go to the citizens of those states. Some the several States.
privileges, such as the right to vote, do not automatically 2. Extradition A Person charged in any State with
go with citizenship but require a period of residence and Treason, Felony, or other Crime, who shall flee from
perhaps other qualifications. Justice, and be found in another State, shall on Demand of
2. Extradition If a person commits a crime in one state the executive Authority of the State from which he fled, be
and flees to another state, the governor of the state in delivered up, to be removed to the State having Jurisdiction
which the crime was committed can demand that the of the Crime.
fugitive be returned. The process of handing over an 3. Fugitive Slaves No Person held to Service or
accused person is called extradition. Labour in one State, under the Laws thereof, escaping
3. Fugitive Slaves A “Person held to Service or into another, shall, in Consequence of any Law or
Labour” was a slave or an indentured servant, a person Regulation therein, be discharged from such Service or
bound by contract to serve someone for several years. This Labour, but shall be delivered up on Claim of the Party
part of the Constitution no longer has any force, since to whom such Service or Labour may be due.
slavery was abolished in the United States in 1865.
Section 3.
Section 3. New States 1. Admission New States may be admitted by the
1. Admission This clause grants Congress the authority Congress into this Union; but no new State shall be
to admit new states to the Union. New states cannot be formed or erected within the Jurisdiction of any other
formed by dividing or joining existing states without the State; nor any State be formed by the Junction of two
consent of the state legislatures and Congress. or more States, or Parts of States, without the Consent
of the Legislatures of the States concerned as well as of
the Congress.

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Commentary
2. Congressional Authority Congress has the power

2. Congressional Authority The Congress shall
to make laws for territories, public lands, and property of
have Power to dispose of and make all needful Rules
the United States that does not fall under the jurisdiction of
and Regulations respecting the Territory or other
any of the states.
Property belonging to the United States; and nothing
in this Constitution shall be so construed as to Section 4. Guarantees to the States
Prejudice any Claims of the United States, or of any This section requires that the federal government make
particular State. sure that every state has a republican form of government,
a government in which the people elect representatives to
Section 4. govern. The Supreme Court ruled that Congress, not the
The United States shall guarantee to every State in courts, must decide whether a government is republican.
this Union a Republican Form of Government, and According to the Court, if Congress admits a state’s
shall protect each of them against Invasion; and on senators and representatives, that action indicates that
Application of the Legislature, or of the Executive Congress considers the government republican. The
(when the Legislature cannot be convened), against legislature or governor of a state can request federal aid to
domestic Violence. deal with riots or other internal violence.
Article V Article V: Amending the Constitution

The Congress, whenever two thirds of both Houses Amendments to the Constitution may be proposed by a
shall deem it necessary, shall propose Amendments to two-thirds vote of each house of Congress or by a national
this Constitution, or, on the Application of the convention called by Congress at the request of two-thirds
Legislatures of two thirds of the several States, shall call of the states. To become part of the Constitution,
a Convention for proposing Amendments, which, in amendments must be ratified by the legislatures of three-
either Case, shall be valid to all Intents and Purposes, as fourths of the states or by conventions in three-fourths of
Part of this Constitution, when ratified by the the states. The Framers of the Constitution purposely
Legislatures of three fourths of the several States, or by made it difficult to put through an amendment. Congress
Conventions in three fourths thereof, as the one or the has considered more than 7,000 amendments but
other Mode of Ratification may be proposed by the has passed and submitted to the states only 33. Of these,
Congress; Provided that no Amendment which may be only 26 have been ratified. Only one amendment, the
made prior to the Year One thousand eight hundred Twenty-first, was ratified by state conventions. All the
and eight shall in any Manner affect the first and fourth others were ratified by state legislatures. The Constitution
Clauses in the Ninth Section of the first Article; and that sets no time limit during which the states must ratify a
no State, without its Consent, shall be deprived of its proposed amendment.
equal Suffrage in the Senate.
Article VI: Supremacy of
Article VI National Government
All Debts contracted and Engagements entered into,
This article begins by promising that all debts and
before the Adoption of this Constitution, shall be as
obligations made by the United States before the adoption
valid against the United States under this Constitution,
of the Constitution will be honored. The young nation had
as under the Confederation.
borrowed large sums of money during the Revolutionary
This Constitution, and the Laws of the United States War and in its formative years, so this clause promised
which shall be made in Pursuance thereof; and all that the new government would pay off those debts.
Treaties made, or which shall be made, under the
This article also establishes the supremacy of the
Authority of the United States, shall be the supreme
national government. One of the biggest problems facing
Law of the Land; and the Judges in every State shall be
the delegates to the Constitutional Convention was the
bound thereby, any Thing in the Constitution or Laws
question of what would happen if a state law and a federal
of any State to the Contrary notwithstanding.
law conflicted. This portion of the Constitution, known as
The Senators and Representatives before
the supremacy clause, answers that question. The
mentioned, and the Members of the several State
supremacy clause has been called the linchpin of the
Legislatures, and all executive and judicial Officers,
Constitution—that is, the part that keeps the entire
both of the United States and of the several States,
structure from falling apart. The clause simply means that
shall be bound by Oath or Affirmation, to support
when state laws conflict with national laws, the national
this Constitution; but no religious Test shall ever be
laws are superior. It also means that to be valid, a national
required as a Qualification to any Office or public
law must be in agreement with the Constitution.
Trust under the United States.
The Constitution requires both federal and state
officials to give supreme allegiance to the Constitution of
the United States, rather than to the constitution of any
state. This article also forbids any kind of religious test for
holding office.

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Commentary
Article VII: Ratification Article VII

The Constitution was signed by George Washington and The Ratification of the Conventions of nine States,
the other Framers on September 17, 1787. The next step shall be sufficient for the Establishment of this
was for the states to ratify the Constitution. The Articles Constitution between the States so ratifying
of Confederation called for all 13 states to approve any the Same.
revision to the Articles. The Constitution required that 9 Done in Convention by the Unanimous Consent
out of the 13 states ratify the document. The first state to of the States present the Seventeenth Day of
ratify was Delaware, on December 7, 1787. Almost two September in the Year of our Lord one thousand
and a half years later, on May 29, 1790, Rhode Island seven hundred and Eighty seven and of the
became the last state to ratify the Constitution. Independence of the United States of America the
One of the conditions set by several states for ratifying Twelfth In witness whereof We have hereunto
the Constitution was the inclusion of a bill of rights to subscribed our Names,
protect the basic rights of the people. The first 10 George Washington—
amendments, known as the Bill of Rights, were proposed President and deputy from Virginia
on September 25, 1789, and ratified on December 15,
1791. Originally, the amendments applied only to the Delaware North Carolina
federal government, but the Fourteenth Amendment George Read William Blount
declares that no state can deprive any person of life, Gunning Bedford Jr. Richard Dobbs Spaight
liberty, or property without “due process of law.” The John Dickinson Hugh Williamson
Supreme Court has interpreted those words to mean that Richard Bassett
Jacob Broom Pennsylvania
most of the Bill of Rights applies to the states as well.
Benjamin Franklin
Georgia
William Few Thomas Mifflin
Abraham Baldwin Robert Morris
George Clymer
Maryland Thomas FitzSimons
James McHenry Jared Ingersoll
Daniel of St. Thomas
James Wilson
Jenifer
Daniel Carroll Gouverneur Morris
Massachusetts South Carolina

Nathaniel Gorham John Rutledge
Rufus King Charles Cotesworth
Pinckney
Connecticut
Charles Pinckney
William Samuel Johnson
Roger Sherman Pierce Butler
New Hampshire Virginia

John Langdon John Blair
Nicholas Gilman James Madison Jr.
New York
Alexander Hamilton Attest:
New Jersey William Jackson,
William Livingston Secretary
David Brearley
William Paterson
Jonathan Dayton

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Commentary
Amendment I Amendment I
Congress shall make no law respecting an establish- Freedom of Religion, Speech, and the Press;
ment of religion, or prohibiting the free exercise Rights of Assembly and Petition
thereof; or abridging the freedom of speech, or of the This amendment forbids Congress to set up or in any way
press; or the right of the people peaceably to assemble, provide for an official state church. It has been interpreted
and to petition the Government for a redress to forbid government endorsement of or aid to religious
of grievances. doctrines. In addition, Congress may not pass laws limiting
worship, speech, or the press. Congress also may not keep
people from meeting peacefully or from asking for relief
from unfair treatment.
Amendment II Amendment II
A well regulated Militia, being necessary to the
Right to Bear Arms
security of a free State, the right of the people to keep
and bear Arms, shall not be infringed. This amendment was created to ensure that state militias
would continue as an armed means of defense and to
ensure that individual citizens had a right to own firearms.
When the Bill of Rights was drafted, Americans were
convinced of the need for the militias to protect “the
security of a free State.” Today the United States has a
strong national military and no longer depends on state
militias. Some citizens believe the amendment should be
read to apply only to well-regulated militias. However,
many Americans cherish the Second Amendment’s promise
of the right to “keep and bear Arms.”
Amendment III Amendment III

No Soldier shall, in time of peace be quartered in any Housing of Soldiers
house, without the consent of the Owner, nor in time This amendment grew directly out of an old complaint
of war, but in a manner to be prescribed by law. against the British, who had forced people to take soldiers
into their homes. This amendment forbids the government
from housing troops in private homes during times of
peace. During war, troops can occupy private homes only
with legal permission. The practice of quartering soldiers
in private homes is rare today.
Amendment IV Amendment IV
The right of the people to be secure in their persons, Search and Arrest Warrants
houses, papers, and effects, against unreasonable
This measure does not forbid authorities to search, to seize
searches and seizures, shall not be violated, and no
goods, or to arrest people. It requires, in most cases, that
Warrants shall issue, but upon probable cause,
authorities first obtain a search warrant from a judge.
supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or
things to be seized.
Amendment V
Amendment V Rights in Criminal Cases
No person shall be held to answer for a capital, or This amendment provides protections for people accused
otherwise infamous crime, unless on a presentment of a crime. It guarantees that no one has to stand trial for
or indictment of a Grand Jury, except in cases arising a federal crime unless he or she has been indicted, or
in the land or naval forces, or in the Militia, when in accused, by a grand jury. A grand jury is a special panel
actual service in time of War or public danger; nor selected to decide whether there is enough evidence against
shall any person be subject for the same offence to be a person to hold a trial. A capital crime is one punishable
twice put in jeopardy of life or limb; nor shall be by death. An infamous crime is one punishable by death
compelled in any criminal case to be a witness against or imprisonment. A person cannot be put in double
himself, nor be deprived of life, liberty, or property, jeopardy, or tried twice, for the same offense in the same
without due process of law; nor shall private property jurisdiction. But a person may be tried a second time if a
be taken for public use, without just compensation. jury cannot agree on a verdict, if a mistrial is declared for
some other reason, or if the person requests a new trial.

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Commentary
This amendment also guarantees that people cannot be

forced to testify against themselves. The statement that no
person shall be deprived of life, liberty, or property
“without due process of law” is one of the most important
rules of the Constitution. It expresses the idea that a
person’s rights are not subject to the uncontrolled power of
government. This amendment also forbids the government
from taking property without fair payment.
Amendment VI Amendment VI
Right to a Fair Trial In all criminal prosecutions, the accused shall enjoy the
This amendment protects the rights of people on trial. It right to a speedy and public trial, by an impartial jury
provides that a person accused of a crime must have a of the State and district wherein the crime shall have
prompt, public trial by an open-minded jury. Accused been committed, which district shall have been
individuals must be informed of the charges against them previously ascertained by law, and to be informed of
and must be allowed to question those who have accused the nature and cause of the accusation; to be confronted
them. Accused persons must have a lawyer to defend them with the witnesses against him; to have compulsory
if they want one. If a criminal defendant is unable to afford process for obtaining witnesses in his favor, and to
a lawyer, the Supreme Court has held that a lawyer must have the Assistance of Counsel for his defence.
be appointed to represent the accused individual.
Amendment VII Amendment VII

In suits at common law, where the value in
Rights in Civil Cases
controversy shall exceed twenty dollars, the right of
In the Sixth Amendment, the Framers of the Constitution trial by jury shall be preserved, and no fact tried by a
provided for jury trials in criminal cases. In the Seventh jury, shall be otherwise reexamined in any Court of
Amendment, they provided for such trials in civil suits the United States, than according to the rules of the
where the amount contested exceeds $20. The amendment common law.
applies only to federal courts. But most state constitutions
also call for jury trials in civil cases.
Amendment VIII
Amendment VIII Excessive bail shall not be required, nor excessive
Bails, Fines, and Punishments fines imposed, nor cruel and unusual punishments
Bails, fines, and punishments must be fair and humane. inflicted.
The phrase “cruel and unusual punishments” has been
used to challenge the death penalty. The Supreme Court
has ruled that the death penalty may be imposed if certain
standards are applied to guard against arbitrary results in
capital cases.
Amendment IX Amendment IX
Rights Retained by the People The enumeration in the Constitution, of certain
Some people feared that the listing of some rights in the rights, shall not be construed to deny or disparage
Bill of Rights would be interpreted to mean that other others retained by the people.
rights not listed were not protected. This amendment was
adopted to prevent such an interpretation.
Amendment X Amendment X
Powers Retained by the States and the People The powers not delegated to the United States by the
This amendment was adopted to reassure people that the Constitution, nor prohibited by it to the States, are
national government would not replace the states’ reserved to the States respectively, or to the people.
governments. The Tenth Amendment confirms that the states
or the people retain all powers not given to the national
government. For example, the states have authority over such
matters as marriage and divorce.

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Commentary
Amendment XI Amendment XI
Passed by Congress March 4, 1794. Ratified Lawsuits against States
February 7, 1795. This amendment makes it impossible for a citizen of one
The Judicial power of the United States shall not be state to sue another state in federal court. The amendment
construed to extend to any suit in law or equity, resulted from the 1793 case of Chisholm v. Georgia, in
commenced or prosecuted against one of the United which a man from South Carolina sued the state of
States by Citizens of another State, or by Citizens or Georgia over an inheritance. Georgia argued that it could
Subjects of any Foreign State. not be sued in federal court, but the Supreme Court ruled
that the state could be sued. Georgia then led a movement
to add this amendment to the Constitution. However,
Amendment XII individuals can still sue state authorities in federal court
Passed by Congress December 9, 1803. Ratified June for depriving them of their constitutional rights.
15, 1804.
The Electors shall meet in their respective states and Amendment XII
vote by ballot for President and Vice-President, one Election of the President and Vice President
of whom, at least, shall not be an inhabitant of the
same state with themselves; they shall name in their The Twelfth Amendment, which provides that members of
ballots the person voted for as President, and in the electoral college, called electors, vote for one person as
distinct ballots the person voted for as Vice-President, president and another as vice president, resulted from the
and they shall make distinct lists of all persons voted election of 1800. At that time, each elector voted for two
for as President, and of all persons voted for as Vice- persons, not specifying which was to be president and
President, and of the number of votes for each, which vice president. The person who received the most
which lists they shall sign and certify, and transmit votes became president; the runner-up became vice
sealed to the seat of the government of the United president. In 1800, candidates Thomas Jefferson and
States, directed to the President of the Senate;—the Aaron Burr received the same number of votes. The tie
President of the Senate shall, in the presence of the threw the election into the House of Representatives. The
Senate and House of Representatives, open all the House eventually chose Jefferson.
certificates and the votes shall then be counted;—
The person having the greatest number of votes for
President, shall be the President, if such number be a
majority of the whole number of Electors appointed;
and if no person have such majority, then from the
persons having the highest numbers not exceeding
three on the list of those voted for as President, the
House of Representatives shall choose immediately,
by ballot, the President. But in choosing 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. And if the House
of Representatives shall not choose a President
whenever the right of choice shall devolve upon
them, before the fourth day of March next following,
then the Vice-President shall act as President, as in
case of the death or other constitutional disability of
the President.—The person having the greatest
number of votes as Vice-President, shall be the Vice-
President, if such number be a majority of the whole
number of Electors appointed, and if no person have
a majority, then from the two highest numbers on the
list, the Senate shall choose the Vice-President; a
quorum for the purpose shall consist of two-thirds of
the whole number of Senators, and a majority of the
whole number shall be necessary to a choice. But no
person constitutionally ineligible to the office of
President shall be eligible to that of Vice-President of
the United States.

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Commentary
Amendment XIII Amendment XIII

Abolition of Slavery Passed by Congress January 31, 1865. Ratified
December 6, 1865.
Section 1. Slavery Banned
President Abraham Lincoln’s Emancipation Proclamation 1. Slavery Banned N e i t h e r s l a v e r y n o r
of 1863 had declared slaves free in the Confederate states involuntary servitude, except as a punishment for
still in rebellion. This amendment completed the abolition crime whereof the party shall have been duly
of slavery, banning slavery throughout the United States. convicted, shall exist within the United States, or any
Involuntary servitude, being forced to work against one’s place subject to their jurisdiction.
will, is still allowed as punishment for a crime. 2. Enforcement Congress shall have power to
enforce this article by appropriate legislation.
Section 2. Enforcement
This section gives Congress the power to make other laws
in order to carry out the provisions of this amendment.
Amendment XIV
Amendment XIV Passed by Congress June 13, 1866. Ratified July 9,
Civil Rights 1868.
Section 1. Citizenship Defined 1. Citizenship Defined All persons born or
The principal purpose of this amendment was to make naturalized in the United States, and subject to the
former slaves citizens of both the United States and the jurisdiction thereof, are citizens of the United States
state in which they lived. The amendment also forbids and of the State wherein they reside. No State shall
states to deny equal rights to any person. The terms of the make or enforce any law which shall abridge the
amendment clarify how citizenship is acquired. All persons privileges or immunities of citizens of the United
naturalized, or granted citizenship, according to law are States; nor shall any State deprive any person of life,
U.S. citizens. Anyone born in the United States is also a liberty, or property, without due process of law; nor
citizen, regardless of the nationality of his or her parents, deny to any person within its jurisdiction the equal
unless they are diplomatic representatives of another protection of the laws.
country or enemies during a wartime occupation. This 2. Voting Rights Representatives shall be
amendment does not grant citizenship to American Indians apportioned among the several States according to
on reservations, but Congress later passed a law that did their respective numbers, counting the whole number
so. By living in a state, every U.S. citizen automatically of persons in each State, excluding Indians not taxed.
becomes a citizen of that state as well. But when the right to vote at any election for the
The phrase “due process of law” has been construed choice of electors for President and Vice-President of
to forbid the states to violate most rights protected by the the United States, Representatives in Congress, the
Bill of Rights. It has also been interpreted as protecting Executive and Judicial officers of a State, or the
other rights by its own force. The statement that a state members of the Legislature thereof, is denied to any
cannot deny anyone “equal protection of the laws” has of the male inhabitants of such State, being twenty-
provided the basis for many Supreme Court rulings on one years of age, and citizens of the United States, or
civil rights. For example, the Court has outlawed in any way abridged, except for participation in
segregation in public schools. The justices declared that rebellion, or other crime, the basis of representation
“equal protection” means a state must make sure all therein shall be reduced in the proportion which the
children, regardless of race, have an equal opportunity number of such male citizens shall bear to the whole
for education. number of male citizens twenty-one years of age in
such State.
Section 2. Voting Rights
This section proposes a penalty for states that refuse to 3. Rebels Banned from Government No person
give the vote in federal elections to all who qualify. States shall be a Senator or Representative in Congress, or
that restrict voting can have their representation in elector of President and Vice-President, or hold any
Congress cut down. This penalty, however, has never been office, civil or military, under the United States, or
used. Parts of this section have been set aside by the under any State, who, having previously taken an
Nineteenth and Twenty-sixth amendments. oath, as a member of Congress, or as an officer of the
United States, or as a member of any State legislature,
Section 3. Rebels Banned from Government or as an executive or judicial officer of any State, to
This section is of historical interest only. Its purpose was support the Constitution of the United States, shall
to keep federal officials who joined the Confederacy from have engaged in insurrection or rebellion against the
becoming federal or state officers again. Congress could same, or given aid or comfort to the enemies thereof.
vote to overlook such a record. But Congress may by a vote of two-thirds of each
House, remove such disability.

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Commentary
4. Payment of Debts The validity of the public Section 4. Payment of Debts

debt of the United States, authorized by law, including This section ensured that the Union’s Civil War debt would
debts incurred for payment of pensions and bounties be paid but voided debts run up by the Confederacy
for services in suppressing insurrection or rebellion, during the war. The section also states that slaveholders
shall not be questioned. But neither the United States would not be reimbursed for slaves who were freed.
nor any State shall assume or pay any debt or
obligation incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or
emancipation of any slave; but all such debts,
obligations and claims shall be held illegal and void.
5. Enforcement The Congress shall have the
This section gives Congress the power to make other laws
power to enforce, by appropriate legislation, the needed to help enforce the terms of this amendment.
provisions of this article.
Amendment XV Amendment XV
African American Suffrage
Passed by Congress February 26, 1869. Ratified
February 3, 1870. Section 1. Voting Rights
1. Voting Rights The right of citizens of the African Americans who had been enslaved became citizens
under the terms of the Fourteenth Amendment. The
United States to vote shall not be denied or abridged
Fifteenth Amendment does not specifically say that the
by the United States or by any State on account of
freed slaves must be allowed to vote. The states are free to
race, color, or previous condition of servitude.
set qualifications for voters, but the amendment states that
2. Enforcement Congress shall have the power a voter cannot be denied the ballot because of race.
to enforce this article by appropriate legislation.
Amendment XVI This section gives Congress the power to make other laws
needed to help enforce the terms of this amendment.
Passed by Congress July 2, 1909. Ratified February
3, 1913.
Amendment XVI
The Congress shall have power to lay and collect
Income Taxes
taxes on incomes, from whatever source derived,
without apportionment among the several States, In 1894 Congress passed an income tax law, but the
and without regard to any census or enumeration. Supreme Court declared the law unconstitutional. This
amendment authorizes Congress to levy such a tax.
Amendment XVII
Passed by Congress May 13, 1912. Ratified April 8,
Amendment XVII
1913. Direct Election of Senators
The Senate of the United States shall be composed of This amendment takes the power of electing senators from
two Senators from each State, elected by the people the state legislature and gives it to the people of the state.
thereof, for six years; and each Senator shall have If a Senate seat becomes vacant, the governor of the state
one vote. The electors in each State shall have the must call an election to fill the vacancy. However, state law
qualifications requisite for electors of the most may allow the governor to appoint a successor to serve as
numerous branch of the State legislatures. senator until that election is held.
When vacancies happen in the representation of
any State in the Senate, the executive authority of
such State shall issue writs of election to fill such
vacancies: Provided, That the legislature of any State
may empower the executive thereof to make
temporary appointments until the people fill the
vacancies by election as the legislature may direct.
This amendment shall not be so construed as to
affect the election or term of any Senator chosen
before it becomes valid as part of the Constitution.

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Commentary
Amendment XVIII Amendment XVIII

Prohibition of Liquor Passed by Congress December 18, 1917. Ratified
Throughout the history of the United States, several groups January 16, 1919. Repealed by Amendment XXI.
had fought to outlaw alcohol. These groups asserted that 1. Liquor Banned After one year from the
alcohol hurt families, promoted crime, and caused health ratification of this article the manufacture, sale, or trans-
problems. By 1917, more than half the states had passed portation of intoxicating liquors within, the importation
some form of law restricting alcohol use. The Eighteenth thereof into, or the exportation thereof from the United
Amendment was ratified in 1919, and Congress passed a States and all territory subject to the jurisdiction thereof
law known as the Volstead Act to enforce the amendment. for beverage purposes is hereby prohibited.
However, prohibition was repealed 14 years later by the
Twenty-first Amendment. 2. Enforcement The Congress and the several
States shall have concurrent power to enforce this
article by appropriate legislation.
3. Ratification This article shall be inoperative
unless it shall have been ratified as an amendment
to the Constitution by the legislatures of the several
States, as provided in the Constitution, within seven
years from the date of the submission hereof to the
States by the Congress.
Amendment XIX
Amendment XIX Passed by Congress June 4, 1919. Ratified August
Women’s Suffrage 18, 1920.
This amendment officially guarantees the right for women
1. Voting Rights The right of citizens of the United
to vote throughout the United States. Amendments giving
States to vote shall not be denied or abridged by the
women the right to vote were introduced in Congress for
United States or by any State on account of sex.
more than 40 years before this one was passed.
2. Enforcement Congress shall have power to
enforce this article by appropriate legislation.
Amendment XX Amendment XX
Terms of the President and Congress Passed by Congress March 2, 1932. Ratified January
23, 1933.
Section 1. Presidential Terms
Sometimes called the Lame-Duck Amendment, this 1. Presidential Terms The terms of the President
amendment moved the date that newly elected presidents and the Vice President shall end at noon on the 20th
and members of Congress take office closer to election day of January, and the terms of Senators and
time. A lame duck is a government official who continues Representatives at noon on the 3d day of January, of
to serve in office though not re-elected to another term. the years in which such terms would have ended if
Before the Twentieth Amendment came into force, defeated this article had not been ratified; and the terms of
senators and representatives continued to hold office for their successors shall then begin.
four months before their successors took over. Originally, 2. Meeting of Congress The Congress shall
the Constitution stated that a newly elected president and assemble at least once in every year, and such meeting
Congress would not take office until March 4. Members shall begin at noon on the 3d day of January, unless
of Congress now take office during the first week of they shall by law appoint a different day.
January, and the president takes office on January 20.
3. Succession of Vice President If, at the time
Section 2. Meeting of Congress fixed for the beginning of the term of the President,
This section sets the start of the congressional term at the President elect shall have died, the Vice President
noon on January 3, unless Congress chooses another date. elect shall become President. If a President shall not
have been chosen before the time fixed for the
Section 3. Succession of Vice President beginning of his term, or if the President elect shall
This section provides a clear order of succession in case have failed to qualify, then the Vice President elect
the president-elect dies before taking office or is unable to shall act as President until a President shall have
take office. If the vice president–elect is unable to succeed qualified; and the Congress may by law provide for
the president-elect, Congress is then authorized to the case wherein neither a President elect nor a Vice
determine who shall act as president. To date, none of President shall have qualified, declaring who shall
these situations have occurred. then act as President, or the manner in which one

National Layer
Commentary
who is to act shall be selected, and such person shall

act accordingly until a President or Vice President
shall have qualified.
4. Succession by Vote of Congress T h e Section 4. Succession by Vote of Congress
Congress may by law provide for the case of the This section gives Congress the power to pass laws in the
death of any of the persons from whom the House event of the death of candidates for president and vice
of Representatives may choose a President whenever president, if a situation occurs in which the election must
the right of choice shall have devolved upon them, be determined in Congress. However, such a law has never
and for the case of the death of any of the persons been passed.
from whom the Senate may choose a Vice President
whenever the right of choice shall have devolved
upon them.
5. Ratification Sections 1 and 2 shall take effect
on the 15th day of October following the ratification
of this article.
6. Ratification This article shall be inoperative unless
it shall have been ratified as an amendment to the
Constitution by the legislatures of three-fourths of the several
States within seven years from the date of its submission.
Amendment XXI Amendment XXI

Passed by Congress February 20, 1933. Ratified Repeal of Prohibition
December 5, 1933.
Section 1. Eighteenth Amendment Repealed
1. Eighteenth Amendment Repealed The Enforcing prohibition proved to be virtually impossible.
eighteenth article of amendment to the Constitution Law enforcement and federal officers found it difficult to
of the United States is hereby repealed. keep up with the bootleggers and liquor smugglers, and the
2. Liquor Allowed by Law The transportation illegal liquor business became the foundation of organized
or importation into any State, Territory, or Possession crime. By the 1930s many people began to see prohibition
of the United States for delivery or use therein of as a failed experiment. This amendment repealed the
intoxicating liquors, in violation of the laws thereof, Eighteenth Amendment.
is hereby prohibited. Section 2. Liquor Allowed by Law
3. Ratification This article shall be inoperative This section grants each state the power to regulate the
unless it shall have been ratified as an amendment to transportation, distribution, and sale of liquor within the
the Constitution by conventions in the several States, state, and bars the importation of alcohol into states that
as provided in the Constitution, within seven years have passed laws against it.
from the date of the submission hereof to the States
by the Congress. Section 3. Ratification
To date, the Twenty-first Amendment is the only
Amendment XXII amendment Congress has submitted to the states for
ratification by state conventions.
Passed by Congress March 21, 1947. Ratified
February 27, 1951.
Amendment XXII
1. Term Limits No person shall be elected to the
Limitation of Presidents to Two Terms
office of the President more than twice, and no
person who has held the office of President, or acted From the time of President George Washington’s adminis-
as President, for more than two years of a term to tration, it was a custom for presidents to serve no more
which some other person was elected President shall than two terms in office. Franklin D. Roosevelt, however,
be elected to the office of President more than once. was elected to four terms. This amendment provides that
But this Article shall not apply to any person holding no person can be elected president more than twice. Also,
the office of President when this Article was proposed no one who has served as president for more than two
by Congress, and shall not prevent any person who years of someone else’s term can be elected more than
may be holding the office of President, or acting as once. Therefore, the longest time that any president can
President, during the term within which this Article serve is 10 years.
becomes operative from holding the office of
President or acting as President during the remainder
of such term.

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Commentary
2. Ratification This article shall be inoperative

unless it shall have been ratified as an amendment to
the Constitution by the legislatures of three-fourths
of the several States within seven years from the date
of its submission to the States by the Congress.
Amendment XXIII Amendment XXIII

Suffrage in the District of Columbia Passed by Congress June 16, 1960. Ratified March
29, 1961.
Until the ratification of the Twenty-third Amendment, the
people of Washington, D.C., could not vote in presidential 1. District of Columbia Represented T h e
elections. This amendment gives the District of Columbia District constituting the seat of Government of the
the same number of electors as the least populous state, so United States shall appoint in such manner as
Washington, D.C., has three electoral college votes. Congress may direct:
A number of electors of President and Vice President
equal to the whole number of Senators and
Representatives in Congress to which the District would
be entitled if it were a State, but in no event more than
the least populous State; they shall be in addition to
those appointed by the States, but they shall be
considered, for the purposes of the election of President
and Vice President, to be electors appointed by a State;
and they shall meet in the District and perform such
duties as provided by the twelfth article of amendment.
2. Enforcement The Congress shall have power
Amendment XXIV Amendment XXIV

Passed by Congress August 27, 1962. Ratified
Poll Taxes
January 23, 1964.
This amendment forbids making voters pay a poll tax
before they can vote in a national election. A poll tax, or 1. Voting Rights The right of citizens of the
head tax, is a tax collected equally from everyone. Some United States to vote in any primary or other election
states once used such taxes to keep poor people and for President or Vice President, for electors for
African Americans from voting. The Supreme Court has President or Vice President, or for Senator or
interpreted the Fourteenth Amendment as forbidding the Representative in Congress, shall not be denied or
imposition of a poll tax in state elections. abridged by the United States or any State by reason
of failure to pay poll tax or other tax.
Amendment XXV Amendment XXV

Presidential Disability and Succession Passed by Congress July 6, 1965. Ratified February
Section 1. Succession of Vice President 10, 1967.
This section clarifies Article II, Section 1, Clause 6, to 1. Succession of Vice President In case of the
specify the order and conditions of succession. removal of the President from office or of his death or
resignation, the Vice President shall become President.
Section 2. Vacancy of Vice President
This section provides for filling a vacancy in the vice 2. Vacancy of Vice President Whenever there is
presidency. Before this amendment, vice presidential a vacancy in the office of the Vice President, the
vacancies remained unfilled until the next presidential President shall nominate a Vice President who shall
election. In 1973 Gerald R. Ford became the first person take office upon confirmation by a majority vote of
chosen vice president under the terms of this amendment. both Houses of Congress.
In 1974 President Richard M. Nixon resigned and Ford 3. Written Declaration Whenever the President
became president. Nelson A. Rockefeller then became vice transmits to the President pro tempore of the Senate
president under the new procedure. For the first time, the and the Speaker of the House of Rep-resentatives his
United States had both a president and vice president who written declaration that he is unable to discharge the
had not been elected to their offices.

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Commentary
powers and duties of his office, and until he transmits Section 3. Written Declaration
to them a written declaration to the contrary, such This section provides that the vice president succeeds to
powers and duties shall be discharged by the Vice the presidency if the president voluntarily admits in writing
President as Acting President. that he or she is unable to serve. This section also provides
4. Removing the President Whenever the Vice for the president to declare himself or herself ready to
President and a majority of either the principal resume office.
officers of the executive departments or of such other Section 4. Removing the President
body as Congress may by law provide, transmit to
This section creates a procedure for the involuntary
the President pro tempore of the Senate and the
removal of a president from office in cases in which he or
Speaker of the House of Representatives their written
she is disabled and unable to fulfill the duties of the
declaration that the President is unable to discharge
executive office. If the vice president and a majority of the
the powers and duties of his office, the Vice President
heads of the executive departments in the president’s
shall immediately assume the powers and duties of
cabinet, or a special body appointed by Congress to
the office as Acting President.
determine whether the president is fit for duty, declare the
Thereafter, when the President transmits to the president unable to serve, the president can be removed
President pro tempore of the Senate and the Speaker from office and the vice president becomes acting
of the House of Representatives his written president. This might occur in a situation where the
declaration that no inability exists, he shall resume president is incapacitated and unable to provide a written
the powers and duties of his office unless the Vice declaration as provided for in Section 3. It is also possible
President and a majority of either the principal that a president could be removed from office in cases of
officers of the executive department or of such other serious mental illness or emotional instability or if it can
body as Congress may by law provide, transmit be shown there is a conflict of interest that might
within four days to the President pro tempore of the jeopardize national security.
Senate and the Speaker of the House of
The president may return to serving as chief executive
Representatives their written declaration that the
by submitting to Congress a written declaration stating
President is unable to discharge the powers and
that he or she is now fit to resume the duties of the office.
duties of his office. Thereupon Congress shall decide
If the vice president and cabinet are not satisfied with the
the issue, assembling within forty-eight hours for
president’s condition, they may issue another declaration
that purpose if not in session. If the Congress, within
stating that they believe the president is still unfit for duty.
twenty-one days after receipt of the latter written
Congress must then meet within 48 hours to decide
declaration, or, if Congress is not in session, within
whether the president may return to office. Under the
twenty-one days after Congress is required to
terms of this section, Congress must make its decision
assemble, determines by two-thirds vote of both
within 21 days. A two-thirds vote from both houses is
Houses that the President is unable to discharge the
required to declare the president unfit. The vice president
powers and duties of his office, the Vice President
continues to serve as president unless Congress either rules
shall continue to discharge the same as Acting
that the president may return to duty or allows 21 days to
President; otherwise, the President shall resume the
pass without reaching a decision. To date, this section of
powers and duties of his office.
the Twenty-fifth Amendment has not been invoked.
Amendment XXVI Amendment XXVI
Passed by Congress March 23, 1971. Ratified July 1,
1971. Suffrage for 18-Year-Olds
During the Vietnam War, many young Americans were
1. Voting Rights The right of citizens of the
distressed that they were eligible for the draft at age 18
United States, who are eighteen years of age or older, but were unable to vote for the leaders who were making
to vote shall not be denied or abridged by the United policy on how the military was used. This amendment
States or by any State on account of age. lowered the voting age from 21 to 18.
Amendment XXVII Amendment XXVII

Originally proposed September 25, 1789. Ratified Congressional Pay Raises
May 7, 1992. Any increase in congressional pay does not go into effect
No law, varying the compensation for the services until after the next regular election of the House of
of the Senators and Representatives, shall take Representatives. This amendment prevents members of
effect, until an election of representatives shall Congress from giving themselves a pay raise. Originally
have intervened. proposed as part of the Bill of Rights, the measure was not
passed until 1992.

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National Layer

The United States

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3. Number of Representatives Representatives 3. Number of Representatives The number of

Section 3. The Senate

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4. Role of Vice President The vice president serves

Section 4. Congressional Elections Section 4.

Section 5. Rules and Procedures Section 5.

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4. Adjournment While in session, neither the House

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3. Role of the President Every Order, Resolution,

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11. War Only Congress can declare war. However, the

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3. Illegal Punishment This clause prevents Congress

Section 10. Powers Denied the States Section 10.

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Article II Article II: The Executive Branch

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6. Succession The vice president becomes president

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Section 3. Section 3. Presidential Duties

Section 4. Section 4. Impeachment

Article III: The Judicial Branch

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3. Trial by Jury With the exception of impeachment,

Article IV: Relations among States Article IV

Section 2. Rights of Citizens Section 2.

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2. Congressional Authority Congress has the power

Article V Article V: Amending the Constitution

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Article VII: Ratification Article VII

Massachusetts South Carolina

New Hampshire Virginia

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Amendment III Amendment III

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This amendment also guarantees that people cannot be

Amendment VII Amendment VII

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