US Constitution:Guide (Rvsd:15Jan09) Page 1 of 4



APT – English Legal Terminology 2008/2009 Academic Year

Prof. Robert Turk University of Ljubljana School of Law

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US Constitution:Guide 2008/2009-APT-File-2-USConstGuide (Rvsd:15Jan09) Page 1 of 4

This 'Guide to US Constitution' focuses only on the 'Articles' and 'Amendments' required for the Test. For the Public Law Test, only the first 3 Articles, and Amendments 1-10, 13-15 are required reading.

Here (below) is some basic information about the US Constitution, its ratification, and its structure.

The United States Constitution is a helpful 'tool' to achieve our goal of understanding the practical use of 'legal language' by various 'actors' / 'institutions' and their constitutional powers, rights, and duties.

The US Constitution was drafted in Philadelphia by James Madison and others in the summer of 1787,

'in order to form a more perfect union' among the 13 former British colonies (than they had during the years under the 'Articles of Confederation', 1781-1789, which lacked strong centralized federal powers.)

1788 The Constitution became 'effective' ('took effect') for all ratifying states, when the ninth state, as required by Article VII, 'ratified' the Constitution.

1789 The 'First Congress' under the new US Constitution convened ('met') in New York City, and about two months later, George Washington took the oath of office', inaugurated as first US President. In Feburary 1790, nine months after that, the US Supeme Court convened ('met') for the first time.

The US Constitution consists of seven 'Articles', and twenty-seven 'Amendments' (which changed some language in the original text of the seven articles and also in some earlier amendments). Whether those amendments came soon after ratification of the original seven articles (such as the 'Bill of Rights' in 1791) or many years later (such as twelve amendments ratified in the Twentieth Century), language in the amendments should not be treated as any less important language of the Constitution, merely because they were added later (changing either some 'original language' or even some later language, as in the case of the 21st Amendment repealing (making 'void') the language of the 19th Amendment).

Article One or I Legislative powers;

Article Two or II Executive powers;

Article Three or III Judicial powers;

Article Four or IV Relations among the States; between the 'Federal Government' and States;

Article Five or V Procedure for amending this Constitution;

Article Six or VI Debts under former 'Articles of Confederation' & present 'US Constitution';

'Supreme law of the land'; Oaths/affirmations/religious tests;

Article Seven or VII Procedure for ratifying this Constitution; when it becomes 'effective'.

Some abbreviations (short forms) used in the Guide (below):

|There are 435 Representatives = R's |To be elected, the US President = P |The US Supreme Court = SCotUS |

|in the House of Representatives = HR |and US Vice President = VP |has one Chief Justice = CJ |

|There are 100 Senators = S's |must get a majority (270 +) |and 8 Associate Justices = AJ's |

|in the Senate = $ |of 538 Presidential Electors = PE's | |

|Each Senator = S | | |

|has one vote in the Senate = $ | | |

|Compare: $ = Senate, S = Senator, S's = Senators | |

Other helpful abbreviations include:

| |'aka' = also known as |

| |# = number |

| |'Gov't' = government (all three branches, etc.) |

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© 2001, 2009 Robert Turk

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Page 2 of 4 - US Constitution:Guide (Rvsd:15Jan09)

|ARTICLE ONE: I |ARTICLE TWO: II |ARTICLE THREE: III |

|§1: ''All LEGISLATIVE powers'' |§1: ''The EXECUTIVE power'' in a President [ |§1: ''The JUDICIAL power'' in one Supeme |

|in a Congress of the US: |P ][ = 'Chief Executive'] [with Vice |Court of the US [SCotUS] |

|(which is a 'bi-cameral legislature' |President [ VP ] [see A1§3] |-Chief Justice [CJ] [ see A1§3], |

|=a body having 2 rooms or chambers, such as:)|and a 'Cabinet' = inner circle of advisors |-[with 8 'Associate Justices' ] |

|--'House of Representatives'['HR'] |called 'Secretaries', not Ministers; e.g. |-'and such inferior courts as Congress |

|and |Secretary of State, Attorney General, etc. |may…establish'': |

|--'Senate' ['$']. |] ['Administration' = includes P,VP, Cabinet,|[ such as: |

| |plus lower officials, etc.] |Federal Courts of Appeal (13 circuits) |

| | |Federal District (trial) Courts ] |

| |[ Explanation of 'Electoral College': | |

| |Each state has a certain number (#) of |[= 'federal judiciary' (a so-called |

| |presidential electors [PE's] selected every|'collective noun' meaning |

| |4 years to choose 'P' & 'VP'. |ALL federal judges above who |

| |P & VP must get a majority (270+) of the |work at any of the 3 court levels |

| |total number of 538 PE's in the |(District, Circuit, or Supreme). |

| |50 states + District of Columbia (DC) | |

| |using a ' Winner takes ALL' system. |[ ALL federal judges (no matter at |

| | |what court level they serve) |

| |To calculate any state's number (#) of PE, |hold their offices as judges for life, but |

| |use the formula: |only…] |

| |# of PE = # of R + 2 S |'during good behavior' |

| |Example: 3 = 1 +|[ These last three words are also subject to |

| |2 |interpretation and debate] |

| |Explanation: States with a small population | |

| |have 1 R and 2 S in Congress, and so 3 PE. | |

| |Any presidential candidate who wins most of | |

| |a State's popular vote (votes of people), | |

| |even by a very small margin of victory, still| |

| |wins ALL of that state's presidential | |

| |electors under the rule 'Winner takes All ' | |

| |PE's. ] | |

| |---------------------------------------------| |

| |-------- | |

| |Eligibility (qualifications) to be P: | |

| |*'natural born citizen' (=since birth), | |

| |age 35 +, 14 years resident within US. | |

| |------------------------------------------ | |

| |In cases of P's | |

| |-removal from office, | |

| |-death | |

| |-resignation | |

| |-(or possible inability to discharge | |

| |presidential powers and duties…) | |

| |THEN…VP becomes P | |

| |(Original Article II language | |

| |changed by 25th Amendment. | |

| |---------------------------------------------| |

| |-------- | |

| | | |

| | | |

| | | |

| | | |

| | | |

| | | |

| |[ Interpreting the meaning of the | |

| |last four words (underlined below) | |

| |continues to cause vigorous debate among | |

| |constitutional law scholars.] | |

| |{Art.II §4: P, VP, other civil officers | |

| |shall be removed from office | |

| |'on impeachment for [ by the H ] | |

| |and conviction of [ by the S ] | |

| |treason, bribery, or other | |

| |high crimes and misdemeanors' | |

|§2 'The House'['HR'] has 435 'R's'= | | |

|'Representatives'{aka}'Members' | | |

|[100% of HR elected every 2 years by 'direct | | |

|popular election', each R in separate | | |

|congressional district. | | |

|(Small states have 1 R; largest: 53 R's.) | | |

|Here: 'electors' qualifications' refers to: | | |

|Who can vote for R in HR? The same voters | | |

|who can elect 'state legislature' ] | | |

|---------------------------------------------| | |

|-------- | | |

|Qualifications to be a 'R in HR': | | |

|-age 25+ with 7 years as US citizen, | | |

|live (inhabit) in State where elected. | | |

|---------------------------------------------| | |

|-------- | | |

|'Representatives shall be … | | |

|apportioned (=divided) among states | | |

|according to numbers (=population); | | |

|enumeration (= census = counting of all | | |

|people in each state of US). | | |

|---------------------------------------------| | |

|-------- | | |

|HR vacancies filled by new election | | |

|ordered by State's executive (governor) | | |

|---------------------------------------------| | |

|------- | | |

|HR chooses its 'Speaker of the H' & | | |

|(Majority / Minority) Leaders. | | |

|Only HR has impeachment power | | |

|(= 'sole power' to 'charge/accuse'; Whom? | | |

|'Article II & III officials'.) | | |

|§3 Senate [$] has 100 Senators [ S ] | | |

|( 2 Senators from each of 50 states) | | |

|[33% of $ elected each 2 years, now by | | |

|direct popular election, but originally by| | |

|each State legislature] | | |

|---------------------------------------------| | |

|-------- | | |

|Qualifications to be a S in the $: | | |

|-age 30+ with 9 years as US citizen, | | |

|live (inhabit) in State where elected. | | |

|---------------------------------------------| | |

|------- | | |

|VP has title 'President of the $' but has NO | | |

|vote unless $ equally divided; | | |

|$ chooses other $ officers including 'P pro | | |

|tempore' when VP absent, & $ Majority / | | |

|Minority Leaders. | | |

|---------------------------------------------| | |

|-------- | | |

|'Sole' power to 'try' impeachment = Only $ | | |

|can 'put on trial' impeached | | |

|Art. II & III officers; conviction by | | |

|2/3 vote of S present. Consequences: removal,| | |

|disqualification from offices, possible | | |

|criminal liability, indictment, etc. | | |

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© 2001, 2009 Robert Turk

Page 3 of 4 - US Constitution:Guide (Rvsd:15Jan09)

|ARTICLE ONE: I |ARTICLE TWO: II |ARTICLE THREE: III |

|§ 4 Time/manner of elections to HR / S to be| |[ In Marbury v. Madison (1803), a landmark |

|decided by each State but Congress may alter| |case, Chief Justice John Marshal interpreted |

|such law. | |'Article Three' as empowering SCotUS to |

| | |'review', |

| | |& declare as 'unconstitutional/ void' |

| | |an act / law (e.g. legislation/statute) |

| | |previously enacted by the Congress. This is |

| | |the so-called 'power of |

| | |Judicial Review', |

| | |A very significant 'judicial power' which |

| | |is not expressly written in the language|

| | |of 'Article Three' .] |

| | |------------------------------------------ |

| |§1 (continued) |§1 (continued) |

| |P receives compensation, not to be |''and … shall receive for their services, a |

| |increased/diminished (=decreased) during P's|compensation, which shall not be diminished |

| |term of office, |(=reduced) during their coninuance in |

| |BUT no other emolument (=profit) |office.'' |

| |may be received from US | |

| |or from any of the 50 states. | |

| |Presidential 'Oath of Office' : | |

| |''to faithfuly execute …'' | |

|§ 5 Each of 2 'houses' can 'judge its | | |

|own elections / qualifications. | | |

|A majority of each house = quorum. | | |

|Each house determines its own rules & | | |

|punishments, including by 2/3 vote to 'expel'| | |

|(=remove) 'a H or $ member'. | | |

|[HR / $ can also 'censure' (=condemn) | | |

|wrong acts of its members. ] | | |

|Congressional Journal records | | |

|'Yeas & Nays' of HR / $ members. | | |

| | | |

|§ 6 R's & S's receive 'compensation'. | | |

|Each has absolute privilege from arrest going| | |

|to/from, at, each house's session, | | |

|(except treason, felony, etc. cases). | | |

|Privilege regarding speech/debate BUT only IN| | |

|each house or IN Cong.Journal. | | |

| | | |

|R's and S cannot hold other federal | | |

|offices/positions. | | |

|§ 7 All revenue (=income) bills must |§ 2 P = 'Commander-in-Chief ' |§ 2 The Judicial POWER extends to ALL |

|originate(=start) in HR; $ may amend. |of US Army &Navy / state 'militia' |cases, in Law and Equity, |

|[ How a bill becomes a law = statute : |(=states' national guard troops when…) |arising under this Constitution, |

|After 'passage' in both chambers (with a |Other POWERS of P include: |& law of US (statutes/orders/cases) |

|majority vote in both H & $) |To require Cabinet advice/opinion; |& treaties (made under above authority) : |

|a bill then signed by P becomes law, |To grant reprieves & pardons | |

|But if P vetoes such bill, Congress has |(except in impeachment cases); |To all cases affecting Ambassadors, |

|power to override a veto with | |other public ministers, consuls; |

|a vote of 2/3 of each chamber. |By/With Advice & Consent of $: |To all cases: admiralty/maritime juris.; |

|Other orders, resolutions, votes. |To make a treaty (But only if 2/3 of $ also |To controversies with US as a party; |

| |votes to ratify (ratification of a treaty); |To controversies between 2 (+) states; |

| |To nominate certain officials (such as ALL |[* note: changed/deleted by amendment.] |

| |federal judges/justices, US ambassadors, |' Between Citizens of different states ' |

| |Cabinet Secretaries, some other officials) |('diversity of citizenship' jurisdiction |

| |But only if majority of $ votes to confirm |can give you right to go to a federal court) |

| | |[* note: changed/deleted by amendment.] |

| |P's nominee after $ confirmation hearings. |---------------------------------------------|

| | |-------- |

| |[ BUT P may also have the 'sole power' |Compare Original versus Appellate |

| |(alone) to 'appoint' many other officials |Jurisdiction of SCotUS. |

| |without nomination and $ confirmation . |---------------------------------------------|

| |Use the word 'to appoint / appointment' for |-------- |

| |only those situations where P has full power |Trial of ALL crimes by jury (except in |

| |alone to put his own choice of appointee in a|cases of impeachment), |

| |position or office, without $ confirmation. |held in state where crime committed, |

| |Also: See 'recess appointments'. [when $ |otherwise as Congress may direct. |

| |'not in session' =not meeting. ] |_______________________________ |

| |____________________________ |§ 3 Treason = 'levying war or |

| |§ 3 P's 'State of the Union' |adhering to enemies' |

| |(='status or condition of US') | |

| |speech or 'presidential address' |But 'No conviction unless…' |

| |to Congress and nation, proposes |Congress is empowered 'to declare punishment|

| |his Administration's agenda. |of treason, but NO …' |

| |Other duties of P, including: |(Forfeiture =lost due to a penalty) |

| |To …take care that the laws |(loss by traitor, not by his inheritors). |

| |be faithfully executed.' | |

| | | |

|§ 8 POWERS of Congress include: | | |

| | | |

|To lay & collect taxes, customs duties, etc. | | |

|To regulate commerce with other nations & | | |

|among the 50 US states = commerce clause | | |

|To establish uniform law of naturalization | | |

|(=process of becoming a US citizen); | | |

|To promote …Science & Arts by securing | | |

|intellectual property rights (copyrights,etc)| | |

| | | |

|To establish tribunals/courts 'inferior | | |

|to…' | | |

|(=below the SCotUS) | | |

|To declare war | | |

|To raise armies / to provide navy | | |

|To exercise exclusive legislation over D.C. | | |

|(=seat of federal government); | | |

|To make all laws necessary & proper for | | |

|carrying into execution all powers, above. | | |

|___________________________________ | | |

|§ 9 Writ of Habeas Corpus shall not… | | |

|No bill of attainder (=legislative | | |

|conviction) No ex post facto law (=made after| | |

|the fact) No titles of nobility by US, etc. | | |

| | | |

|§ 10 Various prohibitions/limits on states | | |

|regarding powers of Congress. | | |

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© 2001, 2009 Robert Turk

US Constitution: Guide to Terminology in Amendments (Rvsd:15Jan09) Page 4 of 4.

Amendment Year

Number: Ratified: Description of Amendment: .

The 'Bill of Rights' (= 'First Ten Amendments'):

1st 1791 Religion; freedoms of speech, press , assembly, and to petition.

(No 'establishment' of, nor prohibiting 'free excercise' of, religion.)

2nd 1791 Right to bear firearms (by state militias only ? or also private gun ownership ?).

3rd 1791 Quartering of soldiers in peace/war (= providing quarters/housing…for soldiers)

4th 1791 Rights regarding unreasonable 'searches & seizures' of property.

5th 1791 Rights regarding …:

-presentment / indictment (interpreted as limiting only 'federal gov't, not states');

-no 'double jeopardy',

-no 'self-incrimination';

-no deprivations of 'life, liberty, or property

without due process of law';

-no 'takings' of property by any government unless it pays 'just compensation'.

(Understand this in the context that all States/governments everywhere retain power of 'eminent domain': to 'take' any 'private property for public use, 'such as 'taking your private land to build a new highway/autocesta)'; here, property rights are being protected by the requirement that Federal/state authorities must pay 'fair value').

6th 1791 Rights in 'criminal prosecutions', including:

-'speedy, public trial, by impartial jury…;

-informing defendant about 'nature/cause of accusation';

-'confrontation (to come 'face-to-face…) with adversary witnesses';

-'compulsory process of defense witnesses (requiring their presence at trial);

-'assistance of legal counsel' (lawyer) to prepare a defense.

7th 1791 Rights regarding civil 'jury trials';

8th 1791 Rights prohibiting excessive bail / fines, 'cruel and unusual punishments';

9th 1791 Enumeration (the 'listing' of certain rights here) in the 'Bill of Rights' shall not be

interpreted to ''deny/disparage'' any other rights which ''the people retain''.

10th 1791 Reservation to the 'States' and to the 'People' of those rights which have not been

expressly ''delegated/prohibited'' by this Constitution.

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11th 1798 'Construction of' (= 'how to interpret') the words 'judicial power' (in Art. III);

12th 1804 Changes in the process of electing the President and Vice-President.

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The so-called 'Civil War Amendments' (Proposed / ratified after the 'War Between the States' 1861-1865):

13th 1865 Prohibition against slavery and 'involuntary servitude'.

14th 1868 No state shall abridge 'privileges and immunities' of US citizens;

nor deprive…'of life, liberty, or property, without due process of law';

nor deny… 'equal protection of the laws'.

15th 1870 No denial/abridgement of 'voting rights' due to race, color, prior servitude.

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© 2001, 2009 Robert Turk

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