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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).
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
§ 7 All revenue (=income) bills must § 2 P = 'Commander-in-Chief ' § 2 The Judicial POWER extends
originate(=start) in HR; $ may amend. of US Army &Navy / state 'militia' to ALL 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 Other POWERS of P include: & law of US (statutes/orders/cases)
(with a 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 (except in impeachment cases); To all cases affecting Ambassadors,
has 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.;
To make a treaty (But only if 2/3 of $ also To controversies with US as a party;
Other orders, resolutions, votes. votes to ratify (ratification of a treaty);
To nominate certain officials (such as ALL To controversies between 2 (+) states;
§ 8 POWERS of Congress include: federal judges/justices, US [* note: changed/deleted by amendment.]
ambassadors, ' Between Citizens of different states
To lay & collect taxes, customs duties, etc. Cabinet Secretaries, some other officials) ' ('diversity of citizenship' jurisdiction
To regulate commerce with other nations & But only if majority of $ votes to confirm can give you right to go to a federal court)
among the 50 US states = commerce clause P's nominee after $ confirmation [* note: changed/deleted by amendment.]
To establish uniform law of naturalization hearings. -----------------------------------------------------
(=process of becoming a US citizen); Compare Original versus Appellate
To promote …Science & Arts by securing [ BUT P may also have the 'sole power' Jurisdiction of SCotUS.
intellectual property rights (copyrights,etc) (alone) to 'appoint' many other officials -----------------------------------------------------
To establish tribunals/courts 'inferior to…' without nomination and $ confirmation .
(=below the SCotUS) Use the word 'to appoint / appointment' for
Trial of ALL crimes by jury
To declare war only those situations where P has full power (except in cases of impeachment),
To raise armies / to provide navy alone to put his own choice of appointee in held in state where crime committed,
To exercise exclusive legislation over D.C. a position or office, without $ confirmation. otherwise as Congress may direct.
(=seat of federal government); Also: See 'recess appointments'. _______________________________
To make all laws necessary & proper for
carrying into execution all powers, above. [when $ 'not in session' =not meeting. ] § 3 Treason = 'levying war or
___________________________________ ____________________________ adhering to enemies'
§ 9 Writ of Habeas Corpus shall not… § 3 P's 'State of the Union'
No bill of attainder (=legislative conviction) (='status or condition of US') But 'No conviction unless…'
No ex post facto law (=made after the fact) speech or 'presidential address' Congress is empowered 'to declare
No titles of nobility by US, etc. to Congress and nation, proposes punishment of treason, but NO …'
his Administration's agenda.
§ 10 Various prohibitions/limits on (Forfeiture =lost due to a penalty)
Other duties of P, including:
states regarding powers of Congress. (loss by traitor, not by his inheritors).
To …take care that the laws
be faithfully executed.'
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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'):
2nd 1791 Right to bear firearms (by state militias only ? or also private gun ownership ?).
(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').
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):
15th 1870 No denial/abridgement of 'voting rights' due to race, color, prior servitude.
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© 2001, 2009 Robert Turk