Constitution

Preamble “We the People,” not the States

Articles, Sections, Clauses, Articles of Amendment

Article One: Legislative

§1. “All Legislative Power.” cp. Art. II, §1; Art. III, §1

§2. The House: “Electors” = voters; tenure; amended; one rep for 30K; vacancies; Speaker; impeachment, qualifications

§3. The Senate: amended; tenure; vacancies; VP = President; impeachments, qualifications

[Note: 1947 Presidential Succession Act and Twenty-fifth Amendment]

§4. Organization of Congress, time and place; Amended

§5. Houses are judges of elections, creators of rules, Journal, voting

§6. Immunity, Speech or Debate; S/P;

§7. Legislative Process

§8. Powers: esp. taxes, commerce, inferior tribunals, declare war, necessary and proper

§9. Prohibited powers: Hamilton’s Bill of Rights

§10. Prohibited State Powers

Convention debating points: “suffrage”=who should elect the members of each house--15 days in late June, early July; specification of powers

Article Two: Executive

§1. Cl.1 “The executive Power”; tenure, VP

Cl.2 Electoral College “Electors”

Cl.3 Electoral College structure: amended by 12^th in 1804

Cl.4 Electoral College “Electors”

Cl.5 Qualifications

Cl.6 Vacancy: amended by 25^th in 1967

Cl.7&8 Emoluments clause and Oath of Office clause

§2. Cl.1 Sole Powers

Cl.2 Powers shared with Senate

Cl.3 Vacancy Appointments [“Recess appointments”]

§3. Powers and duties [TR’s “stewardship theory” vs Taft’s “constitutional theory vs. Lincoln’s “prerogative theory”]

§4. Impeachment [“Impeachment”= “indicted; requires trial and conviction to remove official from office]

Convention debating points: who elects the president; term of office; singly or multiple executive.

Article Three: Judicial

§1. “The Judicial Power”; supreme court, possible inferior (subordinate) courts; tenure; [no qualifications]

[Note: Judiciary Act of 1789]

§2. Cl.1 Article III jurisdiction; amended

Cl.2 Supreme Court jurisdiction [28 U.S.C. 1331, 1332, et seq; 18:3231]

Cl.3 Criminal cases, jury trial, venue

§3. Cl. 1&2 Treason

Convention debating points: “inferior courts”—mandated or discretionary; Council of Revision