The U.S. Constitution and Bill of rights
IN PLAIN ENGLISH
Completed in 1789, the U.S. Constitution contains 7,591 words including the 27 amendments...AND it was written 230 years ago! Instead of getting confused by the language, look to the summaries below, in plain English to allow you to better understand the Constitutional powers and rights
Article I:
Creates the Two Parts of Congress.
Also referred to as the Legislative Branch,Congress is Responsible for Making Laws
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
- Defines the House of Representatives, known as the lower house of Congress.
- Must be 25 years old, will serve for two years each. Must be a citizen 7 years.
- Each state gets Representatives based on state population.
- Has a leader called the Speaker of the House.
Section 3
- Defines the Senate, knows as the upper house of the Congress.
- Must be 30 years old, will serve for six years each. Must be a citizen 9 years.
- Each state gets two Senators.
- Vice-President breaks tie votes.
Section 4
- Says that each state may establish its own methods for electing members of the Congress.
- Requires, that Congress must meet at least once per year.
Section 5
- Says that Congress must have a minimum number of members present in order to meet.
- Fines for members who do not show up. It says that members may be expelled.
- Each house must keep a journal to record proceedings and votes.
- Neither house can adjourn without the permission of the other.
Section 6
- Establishes that members of Congress will be paid.
- They cannot be detained while traveling to and from Congress.
- That they cannot hold any other office in the government while in the Congress.
Section 7
- Say how bills become law.
- All bills must pass both houses of Congress in the exact same form.
- Bills that pass both houses are sent to the President.
- He can either sign the bill, in which case it becomes law, or he can veto it.
- If he vetoes a bill, it is sent back to Congress, and if both houses pass it by a two-thirds majority, the bill becomes law over the President's veto. This is known as overriding a veto.
Section 8
- This section gives Congress the power to do a lot of things! They can collect taxes and pay off national debts for the "general welfare" of its people.
- Congress also has the power to borrow money...
- ...do business with other countries
- ...regulate immigration
- ...print money, and punish counterfeiters
- ...establish post offices
- ...promote the sciences and the arts
- ...have some say over the federal courts
- ...punish those who commit crimes against the entire country of the United States
- ...create and maintain an army and a navy
- ...and create any OTHER laws or departments that are "necessary and proper" to keep the country running smoothly.
Section 9
- Cannot suspend individual rights in individual states.
- Cannot pass laws that make things illegal starting yesterday or last week, etc.
- No law can give preference to one state over another
- Can not spend money without permission.
- Cannot create titles of nobility.
Section 10
- States can’t make their own money, or declare war, or tax goods from other states
Article II:
Creates the Job of the President. Also referred to as the Executive Branch, the President is
Responsible for Enforcing the Laws
Section 1
Section 2
Section 3
Section 4
A. Explains how to kick the president from office, called impeachment.
- Establishes the office of the President and the Vice-President.
- Both serve for four years.
- Presidents are elected by the Electoral College.
- Must be 35 years old. Must be born in the USA.
- Their pay cannot change, up or down, as long as he in is office.
Section 2
- President leads the armed forces.
- He has a Cabinet to aid him, and can pardon criminals.
- He makes treaties with other nations (2/3 of the Senate have to approve of the treaty).
- Picks many of the judges and other members of the government.
Section 3
- President must give a yearly speech to the nation.
- Give suggestions to Congress.
- Meet with Ambassadors and other heads of state from other nations.
- Gives the president the power to "enforce the laws" to ensure the laws of the United States are carried out.
Section 4
A. Explains how to kick the president from office, called impeachment.
Article III:
Establishes the Judicial System. Also referred to as "The Courts", they are
Responsible for deciding if a law is allowable, or if it goes against the Constitution
Section 1
Section 2
Section 3
- Establishes the Supreme Court, the highest court in the United States.
- Judge serve for life, or until they want to retire.
Section 2
- Says what cases the Supreme Court must decide.
- It also guarantees trial by jury in criminal court.
Section 3
- Defines, without any question, what the crime of treason is.
Article IV: The Rights of States
All states will honor the laws and documents of other states and treat each states' citizens like one of their own.
Article V: How to Amend the Constitution
You can change the Constitution by:
- ...a 2/3 vote from the House of Representatives, and
- ...a 2/3 vote from the Senate. OR,
- ...3/4 of the states can vote for the change (THIS RARELY, TO EVER HAPPENS...)
Article VI: "Supremacy Clause"
The Constitution, and its laws, are supreme...over all the states, and all the people.
Article VII:
Summary of Constitutional Approval Process
The Amendments
The Bill of Rights (1791)
("1st Amendment
Protects the people's right to:
2nd Amendment
Protects the right to own guns.
3rd Amendment
Guarantees that the army cannot force homeowners to give them room and board.
4th Amendment
Protects the people from the government improperly taking ("seizing") property, papers, or people, without a valid warrant ("search") based on probable cause (good reason for a "search").
5th Amendment
Protects the rights of people who have, or may have, committed a crime:
6th Amendment
7th Amendment
Guarantees a jury trial in federal civil court cases. This type of case is normally no longer heard in federal court.
8th Amendment
Guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines, punishments, or jail time will not be set.
9th Amendment
(THIS IS A CONFUSING AMENDMENT, SO JUST THINK OF ITS ORIGINAL WORDING, THIS WAY):
The people have rights. And they're listed here. BUT! If it's not on this list, the government can't take away OTHER rights that AREN'T listed.
10th Amendment
(ALSO A CONFUSING AMENDMENT, SO JUST THINK OF ITS ORIGINAL WORDING, THIS WAY):
Any power, listed in the Constitution, that is not SPECIFICALLY to given to the federal government belongs to the states.
Protects the people's right to:
- freedom of religion
- freedom of speech
- freedom of assembly (meeting)
- freedom of petition (complain to, or ask for change) the government
- freedom of the press (newspapers and other media)
2nd Amendment
Protects the right to own guns.
3rd Amendment
Guarantees that the army cannot force homeowners to give them room and board.
4th Amendment
Protects the people from the government improperly taking ("seizing") property, papers, or people, without a valid warrant ("search") based on probable cause (good reason for a "search").
5th Amendment
Protects the rights of people who have, or may have, committed a crime:
- You have certain rights when you're arrested (the right to silence, the right to NOT speak to the police, the right to NOT give information right away, or "at all", even if you're in court (it's called "pleading the fifth")
- If you're found NOT guilty of a crime, you can NOT be found guilty later, even if they find more evidence.
6th Amendment
- Anyone who may, or may not, have committed a crime is guaranteed a speedy trial, an jury that will judge them fairly, and that they confront witnesses who testify against them.
- Additionally, the accused must be allowed to have a lawyer.
7th Amendment
Guarantees a jury trial in federal civil court cases. This type of case is normally no longer heard in federal court.
8th Amendment
Guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines, punishments, or jail time will not be set.
9th Amendment
(THIS IS A CONFUSING AMENDMENT, SO JUST THINK OF ITS ORIGINAL WORDING, THIS WAY):
The people have rights. And they're listed here. BUT! If it's not on this list, the government can't take away OTHER rights that AREN'T listed.
10th Amendment
(ALSO A CONFUSING AMENDMENT, SO JUST THINK OF ITS ORIGINAL WORDING, THIS WAY):
Any power, listed in the Constitution, that is not SPECIFICALLY to given to the federal government belongs to the states.
The Rest of the Amendments (1795-1992)
11th Amendment - Enacted (made official) on February 7, 1795
Says how someone from one state can sue another state.
12th Amendment - Enacted (made official) on June 15, 1804
Redefines how the President and Vice-President are chosen by the Electoral College. ORIGINALLY, the Vice President was the second place finisher in the election! Now, the winning president can choose his Vice President
13th Amendment - Enacted (made official) on December 6, 1865
Got rid of slavery in the entire United States.
14th Amendment - Enacted (made official) on July 9, 1868
Ensured that a person’s race could not be used as qualification (or disqualification) for voting.
16th Amendment - Enacted (made official) on February 3, 1913
Authorizes the United States to collect income taxes.
17th Amendment - Enacted (made official) on April 8, 1913
Shifted the choosing of Senators from the state legislatures to the people of the states.
18th Amendment - Enacted (made official) on January 16, 1919
Stopped the sale or manufacture of alcohol in the United States.
19th Amendment - Enacted (made official) on August 18, 1920
Ensured that a person’s sex could not be used as qualification (or disqualification) for voting.
20th Amendment - Enacted (made official) on January 23, 1933
Set new start dates for the terms of the Congress and the President.
21st Amendment - Enacted (made official) on December 5, 1933
Repealed (canceled) the 18th Amendment.
22nd Amendment - Enacted (made official) on February 27, 1951
Set a limit on the number of times a President could be elected - two four-year terms.
23rd Amendment - Enacted (made official) on March 29, 1961
Grants the Washington D.C. the right to three electors in Presidential elections.
24th Amendment - Enacted (made official) on January 23, 1964
Ensured that no tax could be charged to vote for any federal office.
25th Amendment - Enacted (made official) on February 10, 1967
Establishes rules for a President who becomes unable to perform his duties while in office.
26th Amendment - Enacted (made official) on July 1, 1971
Ensures that any person 18 or over may vote.
27th Amendment - Enacted (made official) on May 7, 1992
Any law that increased the pay of legislators may not take effect until after an election.
Says how someone from one state can sue another state.
12th Amendment - Enacted (made official) on June 15, 1804
Redefines how the President and Vice-President are chosen by the Electoral College. ORIGINALLY, the Vice President was the second place finisher in the election! Now, the winning president can choose his Vice President
13th Amendment - Enacted (made official) on December 6, 1865
Got rid of slavery in the entire United States.
14th Amendment - Enacted (made official) on July 9, 1868
- If a person is born in the U.S., they're automatically a citizen
- A state can't make a law that treats a specific person, minority, or group is a "different" way than the rest of the population...especially if that law limits their freedoms in any way
- Everyone is given equal protection and fair legal processes
- No one can be denied the rights to life, liberty or property without a legal reason for it
Ensured that a person’s race could not be used as qualification (or disqualification) for voting.
16th Amendment - Enacted (made official) on February 3, 1913
Authorizes the United States to collect income taxes.
17th Amendment - Enacted (made official) on April 8, 1913
Shifted the choosing of Senators from the state legislatures to the people of the states.
18th Amendment - Enacted (made official) on January 16, 1919
Stopped the sale or manufacture of alcohol in the United States.
19th Amendment - Enacted (made official) on August 18, 1920
Ensured that a person’s sex could not be used as qualification (or disqualification) for voting.
20th Amendment - Enacted (made official) on January 23, 1933
Set new start dates for the terms of the Congress and the President.
21st Amendment - Enacted (made official) on December 5, 1933
Repealed (canceled) the 18th Amendment.
22nd Amendment - Enacted (made official) on February 27, 1951
Set a limit on the number of times a President could be elected - two four-year terms.
23rd Amendment - Enacted (made official) on March 29, 1961
Grants the Washington D.C. the right to three electors in Presidential elections.
24th Amendment - Enacted (made official) on January 23, 1964
Ensured that no tax could be charged to vote for any federal office.
25th Amendment - Enacted (made official) on February 10, 1967
Establishes rules for a President who becomes unable to perform his duties while in office.
26th Amendment - Enacted (made official) on July 1, 1971
Ensures that any person 18 or over may vote.
27th Amendment - Enacted (made official) on May 7, 1992
Any law that increased the pay of legislators may not take effect until after an election.