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ISU POL 106 - Articles II-VII

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POL 106 1st Edition Lecture 9 Outline of Last Lecture I. PreambleII. Article 1Outline of Current Lecture I. Article 2II. Article 3III. Article 4IV. Article 5V. Article 6VI. Article 7Current Lecture Article IISection 1- Deals with executive branch- Clause 1: creates office of president and VP and they hold office for 4 years- Clause 2: voting for pres. and VP superseded by 12th amendment- Clause 3: time period for election, first Tuesday after first Monday**Modern Presidency can be defined as: FDR and president’s following- Clause 4: naturalized citizens may not hold office; foreign born citizens may if both of their parents are American citizens- Clause 5: replacement of president and Line of Succession (25th amendment to deal with this); president must be 35 years old and US citizen for 14 years- Clause 6: congress cannot decrease or increase the pres. salary during his tenure- Clause 7: any judicial officer can administer the oath, the oath is laid out (typically chief justice, but doesn’t have to be)These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.Section 2- Clause 1: president is commander and chief of the Army and Navy, as well as militia; right to wage war the Congress has declared- Clause 2: power with the advice with 2/3 of the senate to make and enforce treaties; appointment power of Ambassadors- Clause 3: power to fill vacancies during recess of the senate until the end of the next sessionSection 3- State of the Union, receiving foreign ambassadorsSection 4- Treason, bribery, high crimes, and misdemeanors are all reasons for impeachment**Treason is the most serious crime based on the Constitution for any office Article IIISection 1- Creation of Supreme Court (Judicial brach)- Congress creates the inferior courtso 12 circuit courtso 94 district courts- Their pay shall not be diminished during their tenure- Courts will not hear political questionsSection 2- Clause 1: Supreme Court hears cases involving:o Cases arising under the Constitutiono Foreign ambassadors here are tried in federal courto Issues arising on watero US may not be sued without consento States sue each other in fed courts Can’t hear it in either state court  unfair advantage for one of the stateso Citizens of different states may sue in fed court if controversy is over 50k- Clause 2: original jurisdiction in cases involving ambassadors or the state as a party, but appellate otherwiseo Original Jurisdiction: Jurisdiction where all original evidence and testimony is heardo Appellate Jurisdiction: Review only of what happened at lower level; don’t take more evidence. Only lawyers go to appellate jurisdiction- Clause 3: all cases trial by jury in state of crime, except impeachment and crime broken in no state decided by CongressSection 3- Clause 1: treason (most serious crime in law)o Can only be tried for treason during a declared waro Other acts are in violation of espionage statueso 2 people must confirm or admit in open court- Clause 2: congress declares punishment for treason, but is does not carry on to his/her heirs Article IVSection 1- Deals with relationship among the states- Full Faith and Credito Have to recognize all activities and actions of other statesEX) marriage, college degree, driver’s license, criminal status, etc.Section 2- Clause 1: privileges and immunitieso States may not discriminate against citizens of other stateso All citizens get protection of state they are physically in- Clause 2: governor has a duty to return fugitives; few ways to refuse extradition- Clause 3: eliminated when slavery became illegalSection 3- Clause 1: admission of states to Union is a legislative matter- Clause 2: Congress makes all laws for US controlled territoriesEX) Puerto Rico, US Virgin Islands, Guam, Northern Mariana Islands, American Samoa, Wake Island, and several other islandso US also has compacts of free association with Republic of Marshall Islands, Republic of Palau, and Federated States of MicronesiaSection 4- State is in charge of forming its own republican government and the Union will protect them Article V**Deals with procedure for amending the Constitution**- Proposal by 2/3 of each house and then sent to state legislatures for ratification- ¾ of state legislatures must ratify to become an amendment- usually time limits attached- this is strictly a legislative function and requires no assistance from executive Article VI- Clause 1: obsolete- Clause 2: Supremacy Clause, nat’l laws take precedence over state laws- Clause 3: Oath of Office shall be administered to Congress, federal judges, the president, governors, state judges, and all state legislatures; Oath of Office binds you to the whole Constitution Article VII**lays out original ratification of Constitution- March 4, 1789 was intended date of commencing but Washington did not take office until April 30, 1789- Ratification of conventions of nine states is sufficient for establishment of constitution between the states- September 17, 1787 Constitution


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