POL 106 1st Edition Lecture 8 Outline of Last Lecture I. Rights Protected in the ConstitutionII. Legal RightsIII. Issues That Have Strained or Changed the ConstitutionIV. How the Constitution ExpandedOutline of Current Lecture I. PreambleII. Article 1Current LecturePreamble:-“We the People… “-We have consented to it because we are still here-If don’t consent to it  move or amend it-Intro portion to Constitution (not “Chapter 1”)-Didn’t necessarily create power  organized it-White, land-owning, males benefitted from the document (originally)Article 1:-Deals with Congress (Legislative branch)-Law making function is solely their responsibility-Discussion of two houseso535 members total (435 in house, 100 in senate)orequirements for electionodutiesoforbidden activitiesArticle 1 Section 1oCreation of bi-cameral legislatureoConnecticut Compromise (VA, NJ Plans)Article 1 Section 2 (House Qualifications – 435)oHouse members elected every 2 yearsoState determines qualifications but federal rules also applyoMust be 25 years old and citizen of US for 7 years and an inhabitant of that stateoAllows governor to call a special election in event of death or resignationoSpeaker is chosen by the controlling party to preside over the body**Section 3 of Article 1 Section 2 had first part eliminated, the rest deals with original set up and later quota of 435 determined by censusArticle 1 Section 3o2 senators from each state elected every 6 yearsogroupings of senators based on election timingvacancies changed to fit 17th amendmentomust be 30 years old and US citizen for 9 years and be an inhabitant of stateoVP is tie breaker in senateoPresident Pro Temp is the senator with the longest serviceoHouse draws up impeachment, senate acts as juryoOnly fine of impeachment is removal from officeOnly 7 officials have been impeached (all federal judges)3 presidents have been brought upArticle 1 Section 4oClause 1- Rule has first Tuesday after the first Monday for elections (set in 1872)Amendments 14, 15, and 17 have additional requirementsoClause 2- superseded by 20th amendmentArticle 1 Section 5oClause 1- each house may refuse to seat a memberChanged with Powell v. McCormackoClause 2- members choose day to day activity of the floorCannot be impeached but may be removed by 2/3 of the specific houseoClause 3- each house must keep and publish proceedings of votes on issues unless secrecy is required1/5 must call to publishoClause 4- Neither house can adjourn for more than 3 days and both houses must sit in same placeAdjourn = to end discussionAdjourn is DIFFERENT from recess!Article 1 Section 6oClause 1- members of congress are exempt from arrest in order to protect their independence in the legislatureExcept for civil suits (money) and feloniesMay not be sued for slanderoClause 2- no member of Congress can hold any other office during their termThey must first resign before taking any other postArticle 1 Section 7oClause 1- Tax bills always originate in the HouseoClause 2- How a bill becomes a lawBill passed in house and senate sent to president for:Signature, veto, pocket vetoIf vetoed, may be overridden by 2/3 vote of both housesoClause 3- congress can push its opinion on things that are not proper for legislationEX) Gulf of Tonkin Resolution approving Johnson’s conduct with VietnamArticle 1 Section 8oEnumerated powersoSpecific powers of Congress, no power in foreign relations (some are implied)EX) Collect taxes, borrow money, regulate commerce (interstate), determine nationalization, coin money, punish counterfeiters, create post offices and infrastructure,issue patents, create courts inferior to Supreme Court, etc.oOnly body of gov’t that can declare waroNecessary and Proper ClauseArticle 1 Section 9oClause 1- slave trade (doesn’t apply anymore)oClause 2- writ of Habeas CorpusoClause 3- no Bill of Attainders or ex post facto lawsEx Post Facto Law: Cannot make a law then charge someone for breaking that law before it was even a lawoClause 4- no longer used, refer to 16th amendmentoClause 5- no duties paid on exportsDo not tax our own companies for exports (shipping things over seas)Can tax other countries for imported goodsoClause 6- import duties are the same at all portsoClause 7- no money can be paid out without Congressional approval, HUGE powerCongress controls moneyCan defund certain things to ensure something won’t passoClause 8- no titles of nobilityArticle 1 Section 10oClause 1- no state may enter into agreements with foreign nationsoClause 2- no state may charge export duties or import duties, but inspections are allowedoClause 3- no tonnage fees, no state led armies that are exempt from federal regulation, joint approval between states requires congressional approvalThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a