The Constitution 101

Duquesne Law School
Academic RISE Program
Week 1: The Constitution:


Preamble: The Constitution:

“We the people of the United States, in order to form a more perfect union, establish Justice, ensure
domestic tranquility, provide for the common defense, promote the general welfare, and secure the
Blessing of Liberty to ourselves and our posterity do ordain and establish this constitution for the United
States of America “

 What does this mean:
o “We the people”
 We the people of the United States have the sovereign power
 Not the king, not the president, not the legislator.
 The power remains in the people themselves

Article I, Section 1: The Constitution: 1787 – The Legislative Branch

“All legislative Powers herein granted shall be vested in Congress of the United States, which
shall consist of a Senate and a Representative.

 Congress was supposed to be the most powerful and the most dangerous branch.
 The longest of the branches and more powers
o It sets out different powers of congress
 Article 1: Section 8 – Powers of Congress
 “The congress shall have Power to lay and collect Taxes, Duties,
Imposts and Excises”
 Article 1: Section 9 – Powers Denied of Congress
 “No Title of Nobility shall be granted by the United States


Article II, Section 1: The Constitution: 1787 – The Executive Branch

“The executive Power shall be vested in a President of the United States of America”

 Shorter than the other legislative branch
 Powers of the President
o Commander in Chief of the Army and Navy of the United States
o Receive Ambassadors
o Make Treaties (with consent and advice of the senate)
 Presidency today has implied powers


Article III, Section 1: The Constitution: 1787 – The Judicial Branch

, “The judicial Power of the United States shall be vested in one Supreme Court, and such inferior
Courts as the Congress may from time to time ordain and establish”

 The Supreme Court is the head of the judicial branch – but it is only one of the federal
courts that have the power to answer questions
 Original Jurisdiction
o Very Narrow – these are what the courts MUST hear
 They have the discretion that they want to hear and don’t want to hear.
 Usually a problem in the lower courts.

Article IV, Section 2: The Constitution: 1787 – States, Citizenship, and the Admission of
New States

“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the
several states”

 If I am a citizen of one state and live in another state I can take my basic civil rights with
me, but I cannot take my political rights with me.
o For Example:
 Citizen of PA but live in West Virginia you can take your contracts and
write contracts in WV but you cannot vote, or do anything with voting.

Article V, Section: The Constitution: 1787 – The Amendment Process

 Very important! How we change the Constitution.

“The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose
Amendments to this Constitution, or on the Application of the Legislatures of two thirds of the
several States, shall call a Convention for proposing Amendments”

 The Proposal Phase:
o A proposed amendment:
 2/3 of the members of both houses of Congress approve the amendment
-Or-
 The legislatures of 2/3 of the states call a convention for proposing
amendments
 The Ratifying Phase:
o The proposed amendment must be ratified by ¾ of the states
o There are two pathways for state ratification – with Congress having the power to
choose which pathway to use:
 Votes in the state legislature
-OR-
 Votes by state ratifying conventions

 Not all Amendments are ratified. The last one ratified was Amendment 27