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U.S. Constitution Summary
Preamble
This justifies the broad reasons and goals for writing the U.S. constitution. They were to – form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote general welfare, and secure the blessings of liberty to ourselves and our prosperity.
The Articles
The articles of the constitution define the structure, powers and limitations assigned to each of the government’s three branches; Legislative, Executive and Judicial.
Article 1
The first article stated the powers of the three government branches.
Section 1: The Legislative Branch
This section stated that congress was to be made up of two parts, the Senate and the House of Representatives.
Section 2: The House of Representatives
This section decides how often representatives are chosen, how long a representative can stay in office, how many representatives per state, what will happen if a senator vacates his/her post, how a speaker is chosen, and the house’s ability to impeach.
Section 3: The Senate
This states that has to senators in the senate, there will be a new election for one-third of the senate every 2 years, age and citizenship rules to become a senator, the Vice President is the president of senate, the senate shall choose their own officers and a president in case the Vice President cannot fill their duties, and senates power to impeach.
Section 4: Organization of Congress
Says the way of choosing senators and representatives is up to the state alone, congress shall assemble at least once a year.
Section 5: The House of Representative’s Roles
Each house will be the judge of their own elections and qualifications of its members. Each house may determine the rules of it proceedings, and punish its members for disorderly behavior. Each House shall keep a journal of its proceedings.
Section 6: Money & War-Time Jobs
States that each senator and representative will receive compensation for services to their country to be paid out by the U.S. treasury. They will also be immune from arrest, except for treason, felony, and breach of the peace, during an attendance to a session of their respective house, and traveling there and back. Last no senator or representative will be put into any civil office during the time of war.
Section 7: Bills
All bills for raising revenue shall originate in the House of Representatives, any bill passed in the two houses will go to the president and pending approval become a law. If the president disapproves if a bill then it goes back to the houses and if two-thirds vote for it, it becomes a law.
Section 8: Powers Granted to Congress
- Collects taxes, duties, imposts, and excises to pay debts and proved defense.
- Borrow money on credit of the United States.
- Regulate commerce with foreign nations.
- Form Uniform law laws of neutralization and bankruptcies through the United States.
- Coin money and fix the Standard weights and measurements.
- Provide punishment for counterfeiting U.S. Money
- Establish post offices and roads.
- Establish means for protecting creators/inventors work for a limited time (ie: patent, trademark, copyright laws).
- Assist in upholding power of the Supreme Court and create other, lower courts where necessary
- Punish criminals of international law and those operating in international waters (citing pirates specifically)
- Declare War
- To raise and support armies
- Provide and maintain a navy
- Regulation of the government, land and naval forces
- Power to activate Militia (National Guard) to uphold federal law and protect against insurrection
- To provide organization and discipline to the militia (National Guard).
- To exercise legislation over all places owned by the U.S.A.
- To make all law necessary in order to support constitution, including bill of rights and subsequent amendments.
Section 9: Powers Forbidden to Congress
- Congress cannot prohibit the immigration of a person to the U.S. but can charge them money.
- They cannot stop the process of HABEAS CORPUS.
- No bill may be passed that punishes a person without a trial.
- No direct tax shall be laid
- No tax shall be put on items exported from any state.
- No preferences shall be put on a port in one state to another
- No money shall be taken from the treasury.
- No titles of nobility may be given.
Section 10: Powers Forbidden to the States
No state shall enter treaties, issue their own money, grant any title of nobility. No state shall imports or exports without the consent of congress. No state shall keep a military without congressional consent during time of peace.
Article 2: The Executive Branch
This article includes rules to be followed by the executive branch. Including, term limits, limits to become president, elections of the president, what to do if President is removed from office be it death, impeachment or other reason. Also states that the president will receive compensation for his service to the United States and is head of the Military. The president shall also from time to time give information about the state of the Union to Congress.
Article 3: The Judicial Branch
States that the supreme power in the court system is the Supreme Court. All cases involving public officials must be presided over by the supreme court. In trials the person shall be tried in the state in which the crime was committed. Treason by a person shall only consist on them waging war on the United States. Only the person guilty of treason shall lose their life.
Article 4: Relations of the States to Each Other
Full faith and credit shall be giving from one state to another in the public acts, records, and judicial proceedings. A criminal fleeing from one state to another after crime, if apprehended, at the request of the executive authority of the state be returned to the state from which they fled.
Federal-State Relations New states shall be admitted by congress, but no state can be formed under the control of another. Congress can dispose of or change any boundaries of one state whenever it is needed. Every state in the union is guaranteed a free Republican form of government, and shall be protected against invasion.
Article 5: Amending the Constitution
In congress whenever two/thirds of the house deem it necessary, shall propose amendments to the constitution. To become part of the constitution and amendment must be ratified, by the legislatures of three-fourths of the states. Also they must be ratified in a reasonable amount of time.
Article 6: National Debts, Supremacy
Debts – All debts made before the ratification will be paid.
Supremacy of the National Government – This states that Federal government has supreme power over state governments. That means if California made it a law that you had to go looting once a year all together it would be void because it’s against federal law.
Article 7: Ratifying the Constitution
The constitution must be ratified by all states present in the 1777 union to become law.