con law notes.doc - 1 The Constitution(before had Articles...

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8-30-06 The Constitution (before had Articles of Confederation—had to work through states b/c a confederation of states) ARTICLE I—LEGISLATIVE BRANCH ; basic composition of Congress; how House is made up and how Senate is made up o Senators were elected by legislature (single most impt. Amendment b/c now they are elected) o Section 3 (6) senate has sole power to try all Impeachments o Section 4 (1) time, place and manner of elections o Section 6 (1) SPEECH OF DEBATE Privileged from arrest (except treason felon, and breach) during attendance at session at Houses and in going and returning; and from SPEECH OF DEBATE in either House not be questioned in any other place (2) fight corruption—cannot hold civil office under authority of U.S. if Representative or Senator o Section 8 (18) to make all Laws which shall be NECESSARY AND PROPER for carrying into Execution foregoing Powers, and all other Powers vest by this Const. in Gov’t of US, or in any Dept. or Officer thereof o Section 9 Migration or Importation thin proper to admit, shall not be prohibited by Congress Article II EXECUTIVE BRANCH ; executive power o Section 2 (2) He shall have Power, by and with Advice and Consent of Senate to make Treaties, provided 2/3s of Senators present concur; shall nominate , and by and with Advice and Consent of Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of S. Ct. and all other officers of US whose Appointments are not herein otherwise provided for Article III— Judicial Branch/power Article IV FULL FAITH AND CREDIT o Limiting the discrimination b/w states o Start of antidiscrimination Article V— 2/3 to make amendment; Amendment article Article VI SUPREMACY CLAUSE o KNOW (2) This Cost. And Laws US which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under Authority of US, shall be supreme Law of Land; and the Judges in every State shall be bound thereby, any Thing in Const. or Laws of any State to Contrary notwithstanding Article VII —Ratification of convention of states (IMPORTANT) o Citizen of state and U.S. Bush v. Gore pg. 785 o The need to go to court to look at votes of 2 counties in Florida b/c of under vote (not counted b/c was not punched all way out) or over votes (marked tow candidates) o People looking at votes were discretionary so violate Equal Protection Clause of 14 th Amend. (were not treating votes the same) 8-29-06 1
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o Article II Section (2) each State shall appoint, in such Manner as Legislature thereof may direct, a Number of Electors, equal to whole Number of Senators and Representatives to which State may be entitled in Congress; but no Senator or Representative, or Person holding an Office of Trust or Profit under US, shall b e appointed an Elector o FL Supreme Ct. told them to recount ballots without telling how o 3 U.S.C. Section 5 provides o Good reasons to read (1) Contemporary case to show protect of rights; (2) reflects unease of court of being considered arbitrary
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