The Seven Articles of the U.S. Constitution

The Constitution’s seven Articles establish the framework of American government — creating three branches, defining their powers, and setting the rules for how they operate together. Each article is now available as a detailed, focused analysis using the TICRI Constitutional Breakdown methodology.

Navigate by Article

🏛️ Article I — The Legislative Branch

Congress: The Power to Make Laws

All federal lawmaking authority, including the power to tax, regulate interstate commerce, declare war, and establish federal courts. Divided into House of Representatives and Senate with specific powers and limitations.

Key Powers: Taxation, interstate commerce regulation, war declarations, federal court creation, impeachment
Key Limits: Enumerated powers only, no bills of attainder, no ex post facto laws

🏢 Article II — The Executive Branch

The President: The Power to Execute Laws

Presidential powers including command of armed forces, treaty-making, appointments, and faithful execution of laws. Establishes Electoral College system and impeachment process.

Key Powers: Commander-in-Chief, treaty negotiations, federal appointments, law enforcement
Key Limits: Senate approval for treaties/appointments, congressional oversight, impeachment

⚖️ Article III — The Judicial Branch

Federal Courts: The Power to Interpret Laws

Federal judiciary structure, judicial independence, and constitutional protections. Establishes Supreme Court and defines federal court jurisdiction over constitutional questions and interstate disputes.

Key Powers: Constitutional interpretation, federal law adjudication, interstate dispute resolution
Key Limits: Cases and controversies only, no advisory opinions, judicial impeachment possible

🗺️ Article IV — Interstate Relations

States Working Together: Federalism in Action

How states interact with each other and requirements for mutual recognition. Includes Full Faith and Credit Clause, extradition procedures, and federal guarantee of republican government.

Key Principles: Full Faith and Credit, interstate privileges and immunities, state admission process
Key Protections: Republican government guarantee, protection from invasion and domestic violence

📝 Article V — Amendment Process

Constitutional Change: How to Modify the Constitution

The deliberately difficult process for amending the Constitution. Requires broad consensus through multiple pathways for both proposing and ratifying constitutional changes.

Proposal Methods: Congressional 2/3 vote OR Constitutional Convention
Ratification Methods: State legislatures 3/4 OR State conventions 3/4
Permanent Protection: Equal Senate representation cannot be changed without state consent

⚡ Article VI — Federal Supremacy

Supreme Law of the Land: Federal vs State Authority

The Supremacy Clause establishing federal constitutional law as supreme, oath requirements for all officials, and prohibition on religious tests for public office.

Core Principle: Federal law supreme when constitutional
Official Requirements: Constitutional oath for all federal and state officials
Religious Freedom: No religious tests for public office

🎯 Article VII — Ratification

Constitutional Birth: How the Constitution Became Law

The historical process by which the Constitution replaced the Articles of Confederation, requiring only nine states for ratification through popular conventions.

Requirements: 9 of 13 state ratifications through popular conventions
Legacy: Established constitutional legitimacy through popular sovereignty
Historical Significance: Completed transformation to federal constitutional republic

Understanding the Constitutional Framework

Why Seven Articles?

The Framers organized the Constitution into seven logical divisions:

1. Articles I-III: The three branches of government (separation of powers)
2. Article IV: How states relate to each other (federalism)
3. Article V: How to change the Constitution (amendment process)
4. Article VI: Which laws are supreme (federal supremacy)
5. Article VII: How the Constitution became valid (ratification)

Key Constitutional Principles

🔄 Separation of Powers
Each branch has distinct functions to prevent concentration of power

⚖️ Checks and Balances
Each branch can limit the others to prevent abuse

🏛️ Federalism
Power divided between national and state governments

📋 Enumerated Powers
Federal government has only the powers specifically granted

👥 Popular Sovereignty
Government authority derives from the people

The TICRI Constitutional Breakdown Method

Each article page uses our comprehensive TICRI analysis framework:

1. 📜 Exact Constitutional Text — Word-for-word from the Constitution
2. 💭 Plain English Translation — What it actually means
3. ⚡ Government Powers Created — What authority is granted
4. 🚫 Government Restrictions — What limits are imposed
5. ❌ What It Does NOT Say — Common misconceptions clarified
6. ⚖️ Supreme Court Interpretations — How courts have applied it
7. 📝 Constitutional Amendments — How it’s been modified
8. 🎯 TICRI Summary — Key takeaways for civic education

Why This Matters

Understanding the Constitution’s structure is essential for informed citizenship. These seven articles:

• Create the government we live under today
• Define what our government can and cannot do
• Establish how power is divided and checked
• Guarantee both federal authority and state rights
• Ensure democratic participation and constitutional change

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

2. Plain English

All federal lawmaking power that the Constitution gives is placed in Congress, and Congress is divided into two parts: the House of Representatives and the Senate.

3. Government Powers Created

Article I, Section 1 does the following:

Creates Congress

Establishes the United States Congress as the national legislature.

Grants Lawmaking Power

Gives Congress all legislative authority that the Constitution permits.

This power does not come from tradition, history, or assumption — it comes only from this clause.

Establishes Bicameral Structure

Congress must always be composed of two chambers:

• The House of Representatives
• The Senate

Foundational Principle of Enumerated Powers

Legislative power exists only when and where the Constitution grants it.

This clause is the birth of the federal government’s authority.

4. Government Restrictions / Limits

Enumerated Powers Only

Congress has no legislative power beyond what is specifically granted later in Article I, Section 8.

No Implied General Authority

Congress cannot claim power simply because “it is reasonable,” “necessary for governance,” or “good policy.”

Government only acts where the Constitution explicitly permits or the courts have found a historically rooted basis.

Cannot Change Bicameralism

• Congress cannot abolish either chamber.
• Congress cannot merge the Senate and House.
• Congress cannot give legislative power to another body.

President and courts cannot legislate

This clause prohibits:

• The President from creating federal laws.
• Federal courts from creating new legislative authority.

5. What It Does NOT Say

• It does not grant Congress any specific powers (those come later in Section 8).
• It does not give Congress inherent or unlimited power.
• It does not give the President lawmaking authority.
• It does not give the courts authority to make laws.
• It does not create political parties or allow them to operate government.
• It does not mention executive orders, administrative agencies, or regulations.
• It does not allow Congress to delegate unlimited lawmaking power to agencies.

Everything beyond “Congress makes laws” comes from other sections, amendments, or later judicial interpretation.

6. Key Supreme Court Interpretations

1. INS v. Chadha (1983)

Congress must follow bicameralism and presentment to pass laws:

• Both chambers must agree
• The President must receive the bill
• No shortcuts.

2. Clinton v. City of New York (1998)

The President cannot use a “line-item veto” — it violates Article I’s requirement that Congress, not the President, makes law.

3. A.L.A. Schechter Poultry v. U.S. (1935)

Congress cannot delegate unlimited legislative power to executive agencies.

4. United States v. Lopez (1995)

Congress’s powers are limited to those that are enumerated.

🇺🇸 ARTICLE I — SECTION 2

Full Text

Section 2.

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Plain English

The House of Representatives is one part of Congress. Its members are elected every two years by the voters in each state, using the same basic qualifications that state law uses for voters in that state’s larger legislative chamber.

To serve in the House, a person must be at least 25 years old, must have been a U.S. citizen for at least seven years, and must live in the state they represent.

Seats in the House are divided among the states according to their population, using a national census taken every ten years. Each state must have at least one Representative, and Congress sets the total size of the House.

If a seat becomes vacant, the state’s governor calls a special election to fill it.

The House chooses its own Speaker and other officers and has the exclusive power to impeach federal officials.

Government Powers Created

Creates the House as one chamber of Congress.

Establishes two-year election cycles for House members.

Gives states authority to run House elections, tying voter qualifications to those for the most numerous branch of the state legislature (later limited/modified by the 15th, 17th, 19th, 24th, and 26th Amendments).

Authorizes a national census every 10 years to count the population.

Creates population-based apportionment of House seats among the states.

Gives each state at least one Representative, regardless of population.

Requires governors to call special elections to fill House vacancies (no appointments).

Gives the House the sole power of impeachment and the power to choose its own Speaker and officers.

Government Restrictions / Limits

Fixed constitutional qualifications for Representatives:

• At least 25 years old
• At least 7 years a U.S. citizen
• Resident of the state they represent at the time of election

Congress cannot:

• Appoint Representatives.
• Cancel or postpone House elections beyond the 2-year cycle.
• Deny any state at least one Representative.
• Allocate seats by anything other than population (race, wealth, land, etc.).
• Add extra qualifications for Representatives beyond age, citizenship, and residency.

States cannot:

• Refuse to hold House elections.
• Appoint House members instead of electing them.

Impeachment limitation:

• Only the House may impeach; that power cannot be given to any other body.

Provisions No Longer Legally in Force (But Kept for Historical Accuracy)

The apportionment and “three-fifths” language in this section is still printed in the Constitution’s text, but its legal effect has been eliminated by later amendments:

Thirteenth Amendment (1865)

Abolished slavery, making the category of “all other Persons” (enslaved persons) obsolete in law.

Fourteenth Amendment, Section 2 (1868)

Replaced the original apportionment formula with:

“Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.”

This ended the three-fifths rule and required counting the “whole number of persons” in each state.

Sixteenth Amendment (1913)

Gave Congress the power to collect income taxes without apportionment among the several States, which means the old tie between “direct Taxes” and the apportionment formula is no longer controlling.

Note: The original “three fifths of all other Persons” language and the connection between direct taxes and apportionment remain in the printed text of Article I, Section 2, but they are no longer valid law. Slavery was abolished by the 13th Amendment, and the 14th Amendment replaced the apportionment formula with one that counts the whole number of persons in each state. The 16th Amendment also removed the need to apportion federal income taxes among the states.

What It Does NOT Say

• It does not authorize political parties or give them any constitutional role.
• It does not allow Congress or the states to add new qualifications for House members (like term limits, property ownership, religion, etc.).
• It does not give the President any role in choosing Representatives or in impeachments.
• It does not define House district boundaries — only that apportionment is based on population.
• It does not allow appointment of Representatives; they must be elected.

Key Supreme Court Interpretations

Powell v. McCormack (1969) – Congress cannot refuse to seat a duly elected Representative who meets the constitutional qualifications.

Wesberry v. Sanders (1964) – House districts must have substantially equal population (“one person, one vote”).

U.S. Term Limits v. Thornton (1995) – States cannot add extra qualifications for House members beyond those in Article I, Section 2.

Evenwel v. Abbott (2016) – States may use total population (not just eligible voters) when drawing state legislative districts, reflecting the population basis of representation.

🇺🇸 ARTICLE I — SECTION 3

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 3.

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

2. Plain English

The Senate is made up of two Senators from each state. Originally, state legislatures chose Senators, but today (after the 17th Amendment) they are elected directly by the people. Senators serve six-year terms, and their terms are staggered so that one-third of the Senate is elected every two years.

Senators must be at least 30 years old, must have been U.S. citizens for nine years, and must live in the state they represent.

The Vice President presides over the Senate and can only vote to break a tie. The Senate chooses its other officers, including a temporary president when the Vice President is absent.

The Senate has the sole authority to conduct impeachment trials. Conviction requires a two-thirds vote. Punishment can only include removal from office and possibly disqualification from future office, but the person can still face regular criminal charges afterward.

3. Government Powers Created

Creates and defines the U.S. Senate

• Two Senators per state, regardless of population.
• Six-year terms.
• Senators staggered into three classes for continuity.

Gives states a role in federal representation

• Originally: Senators were chosen by state legislatures.
• After the 17th Amendment: Senators are elected directly by the people.

Fills Senate vacancies

• Originally: Governor could appoint until the legislature met.
• After 17th Amendment: States may allow governors to appoint temporarily, but only if state law permits. Otherwise, vacancies require special elections.

Creates qualifications for Senators

• Age: 30+
• Citizenship: 9 years
• Residency: Must live in the represented state

Defines Vice President’s legislative role

• Presides over the Senate
• Votes only to break ties

Gives Senate impeachment-trial authority

• Sole power to try impeachments
• Must be under oath
• Chief Justice presides when the President is on trial
• Conviction requires 2/3 vote
• Penalty is limited to removal and possible disqualification

4. Government Restrictions / Limits

Senate cannot change its size (always two per state).

Senate cannot remove Senators simply by vote (expulsion requires 2/3 under Section 5).

Senators MUST meet constitutional qualifications—Congress cannot change them.

Senate cannot convict in impeachment with less than 2/3 vote.

Senate’s punishment in impeachment is limited ONLY to:

• removal
• optional disqualification

Senate cannot impose criminal penalties; only courts can.

Vice President:

• Cannot vote unless the Senate is tied
• Has no legislative veto power

5. What It Does NOT Say

• Does not give the Senate power to impeach—only to try impeachments (House impeaches).
• Does not set term limits for Senators.
• Does not allow states to reduce their number of Senators.
• Does not allow Congress to change the equal representation of states in the Senate without state consent (protected by Article V).
• Does not define how political parties operate in the Senate.
• Does not give the Vice President ordinary voting power.
• Does not allow impeachment to include criminal penalties.

6. Provisions No Longer in Legal Force (But Text Remains)

Original Method of Selecting Senators

The original text states: “chosen by the Legislature thereof”

This system was replaced by:

✔ 17th Amendment (1913)

• Direct election of Senators by the people of each state.
• States may authorize temporary gubernatorial appointments, but must fill vacancies by election.

Nothing else in Section 3 has been legally superseded.

7. Key Supreme Court Interpretations

Powell v. McCormack (1969) – Congress may not add qualifications beyond those listed in the Constitution.

U.S. Term Limits v. Thornton (1995) – States cannot impose additional qualifications (like term limits) on Senators.

Nixon v. United States (1993) – The Senate has exclusive authority to determine impeachment trial procedures; courts cannot intervene.

Burton v. United States (1906) – Senators, like all federal officers, are subject to federal criminal law and can be prosecuted independently of impeachment.

🇺🇸 ARTICLE I — SECTION 4

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 4.

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

(Note: The second clause—on the meeting date of Congress—was modified by the 20th Amendment, but the original text remains printed for historical accuracy.)

2. Plain English

State legislatures decide when, where, and how elections for Congress are held. However, Congress has the authority to change those election rules at any time, except Congress cannot choose the physical location where Senators are elected.

Congress must meet at least once every year. Originally, the Constitution set the meeting date as the first Monday in December, but Congress now sets its meeting date under its constitutional authority, and the 20th Amendment moved the start of congressional terms to January.

3. Government Powers Created

Gives states primary authority over congressional elections

State legislatures control:

• election dates (except the uniform federal date now set by Congress)
• polling locations
• registration rules
• ballot formats
• districting (subject to other constitutional limits)
• election administration

Gives Congress broad power to override state election rules

Congress can:

• change election dates
• regulate mail voting
• require uniform ballots
• set rules for federal election procedures
• regulate districting (as it did with the Apportionment Act of 1842)
• mandate single-member districts
• protect voting rights under the 14th, 15th, 24th, and 26th Amendments

Creates the requirement for an annual meeting of Congress

• Congress must meet every year.
• Originally required a December meeting; now modified by the 20th Amendment.

4. Government Restrictions / Limits

State limits

States cannot:

• refuse to hold congressional elections
• set election rules that violate federal law or the Constitution
• select their own Senators (17th Amendment ended this)
• draw districts with significant population inequality (via Supreme Court rulings)
• discriminate in voting based on race, sex, age over 18, or failure to pay a tax

Federal limits

Congress cannot:

• dictate the physical “place” of Senate elections (obsolete after 17th Amendment)
• abolish state-run election systems entirely
• postpone elections indefinitely
• remove the requirement that states hold elections for Representatives

Legislative calendar limits

• Congress must meet at least once every year—cannot skip a year.

5. What It Does NOT Say

• It does not establish political parties.
• It does not give Congress total control of elections from the start—states hold primary authority.
• It does not give the President any election authority for Congress.
• It does not specify how districts must be drawn (single-member districts came later by statute).
• It does not give Congress power to cancel federal elections.
• It does not give states power to refuse or delay elections.
• It does not define who can vote (later amendments do that).

6. Provisions No Longer Legally in Force (But Text Remains)

Original Senate election clause

“except as to the Places of chusing Senators”

This is obsolete because the 17th Amendment (1913) replaced state-legislature elections of Senators with direct popular elections.

Original annual meeting date

“the first Monday in December”

This was changed by the:

✔ 20th Amendment (1933)

• Congress begins new terms on January 3.
• Congress sets its own meeting schedule by law.
• The requirement that Congress meet at least once per year remains valid.

7. Key Supreme Court Interpretations

Arizona State Legislature v. Arizona Independent Redistricting Commission (2015) – State legislatures may delegate redistricting authority to independent commissions; “Legislature” means the state lawmaking process, not just the body of elected legislators.

Smiley v. Holm (1932) – State governors may veto redistricting bills—redistricting is subject to the full state legislative process.

Oregon v. Mitchell (1970) – Congress may regulate federal election standards, including voting age (later resolved by the 26th Amendment).

RNC v. DNC (2020) – States control election timing and administration unless Congress overrides.

Ex parte Yarbrough (1884) – Congress has power to protect federal elections, including prosecuting interference or intimidation.

8. Summary for TICRI

Article I, Section 4 creates the basic federalist election system:

• States run federal elections,
• Congress has override authority,
• Annual congressional meetings are mandatory,
• Certain parts were later changed by the 17th and 20th Amendments.

🇺🇸 ARTICLE I — SECTION 5

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 5.

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

2. Plain English

Each chamber of Congress (House and Senate) decides whether its members were properly elected, whether they meet the constitutional qualifications, and whether election results are valid. A majority of either chamber is required to conduct official business, but a smaller number can meet and force absent members to attend.

Each chamber sets its own rules, can punish members for disorderly behavior, and can expel a member with a two-thirds vote.

Both the House and Senate must keep an official journal of what they do, must publish it except for parts requiring secrecy, and must record the votes of members when at least one-fifth of those present request it.

Neither chamber may adjourn for more than three days or meet somewhere else without the consent of the other.

3. Government Powers Created

Membership Oversight

Each chamber judges:

• the validity of elections
• the returns (counting and certification)
• whether a member meets constitutional qualifications

Internal Authority

Each chamber may:

• establish its own procedural rules
• set standards of conduct
• punish members
• expel members with a 2/3 vote
• organize committees and internal structure

Operational Powers

• Each chamber determines its own quorum (majority).
• Can compel attendance of absent members.
• Must keep and publish journals.
• Must record votes when requested by at least 1/5 of present members.

Adjournment Rules

Neither chamber may adjourn:

• for more than three days
• or to a different location

—unless the other chamber consents.

This forces the House and Senate to remain coordinated and co-located.

4. Government Restrictions / Limits

• Chambers must judge elections and qualifications based only on constitutional qualifications, not political preference.
• Congress cannot change the constitutional qualifications for members (age, citizenship, residency).
• Expulsion requires 2/3 majority, preventing partisan simple-majority abuse.
• Chambers must publish proceedings except very limited secrecy.
• Chambers must record votes when 20% of members request it.
• Neither chamber can operate in a different city, state, or location without mutual agreement.
• Neither chamber can adjourn for more than three days without the other’s approval.
• They cannot compel attendance in unconstitutional ways (must follow due process).

5. What It Does NOT Say

• Does not allow political parties to control membership decisions.
• Does not allow each chamber to add new qualifications for members.
• Does not authorize “expulsion by simple majority.”
• Does not give Congress authority to refuse to seat a member who meets all qualifications (Powell v. McCormack).
• Does not authorize Congress to hide all proceedings—secrecy must be justified.
• Does not allow Congress to adjourn indefinitely or relocate without mutual consent.
• Does not give Congress power to overturn state election laws.

6. Key Supreme Court Interpretations

Powell v. McCormack (1969) – Congress CANNOT refuse to seat a member who meets the constitutional qualifications (age, citizenship, residency).

U.S. Term Limits v. Thornton (1995) – States cannot impose additional qualifications (like term limits) on federal legislators because Article I sets the only qualifications.

Ballin (1892) – Each chamber has wide authority to set its own rules, but those rules cannot violate the Constitution.

McGrain v. Daugherty (1927) – Congress has broad power to compel attendance of members and conduct investigations.

United States v. Smith (1936) – The Senate’s journal and recorded votes are constitutionally required; the courts may rely on those records.

7. Summary for TICRI

Article I, Section 5 establishes self-governance within Congress:

• Congress judges the elections and qualifications of its own members.
• Each chamber is responsible for its own rules and discipline.
• The Senate and House cannot operate independently of one another when it comes to adjournment and location.
• This section reinforces the independence of Congress from the executive and judiciary—while also preventing either chamber from acting without accountability or transparency.

🇺🇸 ARTICLE I — SECTION 6

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 6.

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

2. Plain English

Members of Congress are paid a salary set by law and paid by the U.S. Treasury. They cannot be arrested while attending congressional sessions or traveling to and from them, except for serious crimes. Members cannot be sued, prosecuted, or questioned outside of Congress for things they say during official debates.

A member of Congress cannot be appointed to a federal office that was created or had its salary increased during the time they were elected to serve. Also, anyone who currently holds a federal office cannot simultaneously serve in Congress.

3. Government Powers Created

Compensation authority

• Congress has authority to determine its own pay by law.
• Payment must come from the U.S. Treasury.

Legislative immunity (“Speech or Debate Clause”)

• Immunity from arrest (except serious crimes) while performing legislative duties.
• Immunity from being questioned in courts or other venues about their legislative speeches, votes, or debates.

Separation of powers

• Prevents members of Congress from being appointed to newly created or newly enhanced federal offices.
• Prohibits federal office-holders from simultaneously serving in Congress.
• These provisions ensure Congress is not influenced or bribed by executive appointments.

4. Government Restrictions / Limits

Limits on arrest immunity

Members are NOT immune from arrest for:

• Treason
• Felony
• Breach of the peace (interpreted broadly to mean all crimes)

Limits on compensation

• Congress cannot secretly pay itself through other channels.
• Compensation must be set by statute (subject to presidential veto).

Limits preventing corruption

• A legislator cannot take a federal job created during their term.
• A legislator cannot accept a position whose salary was increased during their term.
• Federal officers cannot simultaneously serve in Congress.

Limits on legal vulnerability

• Members cannot be punished or sued for legislative statements.
• Courts cannot question Congress’ motivations or statements during debate.

5. What It Does NOT Say

• Does not prohibit Congress from raising its own salary—only that it must be done by law. (The 27th Amendment later restricts when pay raises take effect.)
• Does not grant members immunity for crimes or for actions outside legislative functions.
• Does not prevent members from being subpoenaed for non-legislative conduct.
• Does not forbid Congress from lowering salaries.
• Does not authorize perks, pensions, or benefits—those are created entirely by statute, not the Constitution.
• Does not define what counts as “civil office” beyond typical federal executive or judicial roles.

6. Key Supreme Court Interpretations

Gravel v. United States (1972) – The Speech or Debate Clause protects:

• speeches
• votes
• committee actions
• any “legislative acts”

But it does not protect:

• political activity
• press releases
• criminal conduct
• private publication of documents

United States v. Brewster (1972) – The Speech or Debate Clause does not protect bribery, even if it involves legislative matters.

Kilbourn v. Thompson (1881) – Legislative immunity is absolute for legitimate legislative acts; not for criminal or private actions.

Evans v. Stephens (2004) (11th Cir.) – Clarified boundaries of “civil office” and incompatibility clauses.

U.S. v. Rose (1848) – Arrest immunity does not apply to any indictable offense.

7. Provisions Modified by Later Amendments

✔ 27th Amendment (1992)

Congress can still raise its pay — but the raise cannot take effect until after the next House election, preventing immediate self-enrichment.

No other part of Section 6 has been altered; all other clauses remain fully operative.

8. Summary for TICRI

Article I, Section 6 protects:

• Legislative independence
• Separation of powers
• Freedom of debate in Congress
• Protection from executive pressure

It prevents corruption by:

• Blocking Congress from creating jobs for themselves
• Prohibiting members from holding federal office simultaneously
• Preventing executive “bribery by appointment”

And it secures democratic accountability by:

• Requiring transparent pay set by law
• Ensuring voters can react to pay changes (via the 27th Amendment)

🇺🇸 ARTICLE I — SECTION 7

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 7.

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

2. Plain English

Money bills (laws that raise revenue, such as taxes) must start in the House of Representatives, but the Senate can amend them.

For any bill to become law, it must pass both the House and Senate and then be sent to the President. The President can sign it into law or veto it and send it back with objections. Congress can override the veto with a two-thirds vote in each chamber.

If the President does nothing for ten days (not counting Sundays), the bill becomes law unless Congress has adjourned in a way that prevents its return — in that case, it does not become law (a “pocket veto”).

Any order or resolution requiring the agreement of both chambers must also be sent to the President for approval or veto, except for adjournments.

3. Government Powers Created

The Origination Clause

• Gives the House of Representatives the exclusive power to initiate revenue-raising bills.
• Senate retains power to amend those bills.

The Presentment Clause

• Requires all bills to be presented to the President.
• Creates the President’s veto power.
• Creates the congressional veto override process.
• Requires roll-call (yea/nay) votes for veto overrides.

The Pocket Veto

• Grants the President the power to indirectly veto a bill by taking no action when Congress has adjourned.

Orders, Resolutions, and Votes

• Prevents Congress from bypassing the President by calling something an “order” or “resolution” instead of a bill.
• This clause is the foundation of the U.S. legislative process.

4. Government Restrictions / Limits

On the House

• Only the House may originate revenue-raising bills.
• House cannot bypass Senate involvement.

On the Senate

• Senate cannot originate revenue bills — only amend them.
• Senate cannot eliminate the presentment process.

On Congress as a whole

• Cannot enact laws without presentment to the President.
• Cannot override a veto without a two-thirds majority.
• Cannot bypass the President by passing joint resolutions that aren’t presented.

On the President

• Must act within 10 days (Sundays excluded).
• Cannot partially approve a bill (line-item veto unconstitutional).
• Cannot veto adjournment decisions.

On both chambers

• Must record votes when overriding a veto.

5. What It Does NOT Say

• Does not define “revenue” (courts have clarified this).
• Does not say spending bills must originate in the House (only revenue-raising bills).
• Does not require the President to endorse or sign adjournments.
• Does not give the President unilateral power to make law.
• Does not allow Congress to skip the President by calling a bill something else (joint resolutions count).
• Does not allow the President to add notes, conditions, or partial approvals to signed legislation.
• Does not authorize executive orders to override statutes.

6. Key Supreme Court Interpretations

Clinton v. City of New York (1998) – The line-item veto is unconstitutional; the President must approve or reject the entire bill.

INS v. Chadha (1983) – Congress cannot pass legislation without bicameralism + presentment, even for “resolutions.”

United States v. Munoz-Flores (1990) – A bill is “for raising revenue” only if its primary purpose is to raise money for the general treasury — not if it merely generates revenue incidentally.

Pocket Veto Case (1929) & Wright v. United States (1938) – Clarified when adjournment prevents bill return and when pocket veto applies.

Field v. Clark (1892) – Courts accept the enrolled bill authenticated by Congress; they do not investigate internal legislative procedures.

7. Provisions Modified by Later Amendments

20th Amendment

Adjusted the congressional calendar, which affects how the 10-day clock for vetoes sometimes functions.

No other part of Section 7 has been altered.

• The Origination Clause and Presentment Clause remain fully operative.

8. Summary for TICRI

Article I, Section 7 establishes the entire federal lawmaking process:

• House starts tax bills
• Senate can amend
• Both must pass a bill
• President signs or vetoes
• Congress may override
• No legislative shortcuts allowed

This section sets the foundational rule: Laws only exist when all three branches participate as the Constitution requires.

🇺🇸 ARTICLE I — SECTION 8

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States…

And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

2. Plain English

Congress has specific powers. It can tax, borrow money, regulate trade, make rules for naturalization and bankruptcy, coin money, establish post offices, create federal courts, punish crimes on the seas, declare war, raise armies, maintain a navy, call up and regulate the militia, run the capital district, and make any laws necessary to carry out the powers the Constitution gives it.

3. Government Powers Created

(1) Fiscal Powers

• Taxation (must be uniform for indirect taxes)
• Borrowing money
• Paying national debts
• Funding general welfare
• Collecting duties, imposts, excises

(2) Commerce Powers

Regulating trade:

• foreign nations
• between states
• with Indian tribes

(3) Citizenship & Economic Rules

• Uniform naturalization laws
• Uniform bankruptcy laws

(4) Monetary Authority

• Coining money
• Regulating value
• Setting weights and measures
• Punishing counterfeiting

(5) Infrastructure & Intellectual Property

• Establishing post offices & post roads
• Copyrights & patents (limited times)

(6) Judiciary

• Creating all courts except the Supreme Court (which the Constitution itself creates)

(7) Law of Nations & Crime

Defining and punishing:

• piracy
• felonies on high seas
• offenses against international law

(8) War & Military

• Declaring war
• Granting letters of marque and reprisal
• Making rules on captures
• Raising and supporting armies (funding max 2 years)
• Maintaining a navy
• Regulating armed forces

(9) Militia Powers

Calling forth militia:

• enforce laws
• suppress insurrection
• repel invasions

Organizing, arming, disciplining militia

• Federal control when militia is in U.S. service

States retain:

• officer appointments
• training authority

(10) Federal District Authority

• Exclusive legislation over D.C. (up to 10 miles square)

(11) Necessary and Proper Clause

Congress may pass laws needed to execute:

• its own powers
• powers of the entire government
• powers of executive branch
• powers of judiciary

This is the “elastic clause.”

4. Government Restrictions / Limits

• Indirect taxes must be uniform across states.
• Army appropriations cannot last more than two years.
• Commerce Clause allows regulation of commerce, not anything Congress calls commerce.
• Necessary & Proper Clause cannot justify laws that:
  • expand federal power beyond enumerated authority
  • violate other constitutional protections
  • give Congress “general police power” (reserved to states)
• Copyright/patent rights must be:
  • temporary
  • for the purpose of promoting science & arts
• Militia powers shared with states; Congress cannot eliminate state officers.
• D.C. authority is limited to territory ceded by states.

5. What It Does NOT Say

• Does not give Congress unlimited power.
• Does not give Congress “general welfare” authority beyond spending and taxing.
• Does not allow Congress to regulate non-economic activity (this is heavily litigated).
• Does not create federal police power (reserved to states).
• Does not authorize Congress to declare martial law.
• Does not authorize Congress to maintain standing armies indefinitely without appropriations.
• Does not give Congress control over state militias except when in federal service.
• Does not allow Congress to redefine money outside the constitutional framework unless amended.

6. Key Supreme Court Interpretations

McCulloch v. Maryland (1819) – Necessary & Proper Clause allows implied powers if tied to enumerated powers. States cannot tax federal institutions.

Gibbons v. Ogden (1824) – Broad reading of interstate commerce; Congress controls navigation when used for commerce.

U.S. v. Lopez (1995) & U.S. v. Morrison (2000) – Limits Commerce Clause — Congress cannot regulate non-economic activity by calling it “commerce.”

NFIB v. Sebelius (2012) – Congress cannot compel commerce (cannot force purchases) under the Commerce Clause.

J.W. Hampton Jr. & Co. (1928) – Delegation of power to agencies is permitted but must have an “intelligible principle.”

The Prize Cases (1863) – President may use military force without formal declaration if nation is under attack.

7. Amendments Affecting Section 8

16th Amendment

Gives Congress power to tax income without apportionment. This modifies the taxation structure in Section 8.

Militia Clauses + 2nd Amendment

Section 8 militia powers must be interpreted in harmony with:

• State authority
• Individual right to keep and bear arms

8. Summary for TICRI

Article I, Section 8 = The Enumerated Powers of Congress.

This section establishes every major federal power: taxation, spending, war, commerce, money, courts, immigration, military, and implied powers.

Everything the federal government does must trace back to something written here or in the amendments.

🇺🇸 ARTICLE I — SECTION 9

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 9.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

2. Plain English

Congress could not ban the slave trade before 1808, but it could tax imported persons. The right to habeas corpus cannot be suspended except during rebellion or invasion. Congress cannot pass laws that declare someone guilty without trial or laws that punish people retroactively.

Direct taxes must be based on population unless changed by later amendments (the 16th Amendment allows income taxes without apportionment). Congress cannot tax exports, nor can it favor one state’s ports over another.

No money can be spent by the federal government unless Congress passes a law authorizing it, and the government must publish its financial records. The United States cannot grant titles of nobility, and federal officers cannot accept gifts or titles from foreign governments without congressional approval.

3. Government Powers Limited or Prohibited

(1) Slave Trade Clause (No longer operative after 1808 + 13th Amendment)

• Before 1808: Congress could not ban the importation of slaves.
• Could impose up to a $10 tax per imported person.
• After 1808: Congress could prohibit it.
• After the 13th Amendment (1865): The clause is obsolete.

(2) Habeas Corpus

Congress CANNOT suspend habeas corpus except:

• rebellion
• invasion
• when public safety requires it

This ensures the government cannot detain people indefinitely without judicial review.

(3) No Bills of Attainder

• Congress cannot declare someone guilty without a trial.

(4) No Ex Post Facto Laws

• Congress cannot punish people for acts that were legal when committed.

(5) Direct Tax Limit (Modified by 16th Amendment)

Originally:

• Direct taxes must be apportioned by population.

The 16th Amendment (1913) allows income taxes without apportionment, overriding this requirement for income taxes.

(6) No Export Taxes

• Congress cannot tax goods exported from any state.

(7) No Port Preferences

Congress cannot:

• favor the ports of one state
• require ships to enter or pay duties in another state’s port

This protects equal commerce among states.

(8) Spending Restrictions

• Federal money can ONLY be spent by law (through appropriations).
• Government must publish financial statements (“regular statement and account”).

(9) No Titles of Nobility

• U.S. cannot grant aristocratic titles.
• No federal officeholder may accept foreign titles, gifts, or offices without Congress’s consent.
• This is the Foreign Emoluments Clause.

4. Government Restrictions Summarized

Congress may NOT:

• Suspend habeas corpus (except rebellion/invasion)
• Pass bills of attainder
• Pass ex post facto laws
• Lay direct taxes without apportionment (except income taxes due to the 16th Amendment)
• Tax exports
• Favor one state’s ports over another
• Spend money without a law authorizing it
• Hide financial records
• Grant titles of nobility
• Allow federal officers to accept foreign gifts/titles without permission

5. What It Does NOT Say

• Does not define what counts as a “direct tax” (courts clarified over time).
• Does not authorize Congress to suspend habeas corpus lightly; the exceptions are extremely narrow.
• Does not prohibit all foreign gifts — only prohibits accepting them without congressional consent.
• Does not prevent the President from receiving foreign gifts entirely — the Emoluments Clause applies broadly but is subject to Congress’s approval.
• Does not prohibit Congress from regulating imports — only exports.
• Does not prevent Congress from spending money for any purpose it chooses (the limit is authorization, not purpose).
• Does not define “regular publication” of financial statements—Congress determines this by law.

6. Key Supreme Court Interpretations

(A) Habeas Corpus

Ex parte Merryman (1861) — President alone cannot suspend habeas corpus.

Boumediene v. Bush (2008) — detainees must have access to habeas unless properly suspended.

(B) Bills of Attainder

Bills of attainder are forbidden:

• Cummings v. Missouri (1867)
• United States v. Brown (1965)
• Nixon v. Adm’r of General Services (1977) (not a bill of attainder)

(C) Ex Post Facto Laws

Calder v. Bull (1798) — Applies only to criminal laws.

(D) Direct and Indirect Taxes

Pollock v. Farmers’ Loan & Trust Co. (1895) — income tax = direct tax

Overridden by the 16th Amendment

NFIB v. Sebelius (2012) — Congress may levy taxes even if labeled otherwise, but cannot force commerce under tax power.

(E) Emoluments

Modern litigation has reaffirmed:

• Federal officials cannot accept foreign gifts or payments without Congress’s approval.

(F) Spending Clause Controls

Cincinnati Soap Co. v. U.S. (1937) — Congress controls appropriations.

Train v. City of New York (1975) — President cannot refuse to spend appropriated funds.

7. Provisions Modified by Amendments

13th Amendment

Abolished slavery, rendering the slave importation clause obsolete.

16th Amendment

Allows income taxes without apportionment, superseding the direct-tax limits in Section 9.

No other clauses have been altered; the rest remain fully operative.

8. Summary for TICRI

Article I, Section 9 is the Constitution’s list of prohibitions on Congress — it defines what Congress may not do.

These are absolute structural safeguards protecting:

• individual liberty
• states
• interstate equality
• the economy
• foundational rule of law

Combined with Section 10’s limits on states, this section forms the backbone of constitutional checks against government abuse.

🇺🇸 ARTICLE I — SECTION 10

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 10.

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

2. Plain English

States are forbidden from acting like independent nations. They cannot make treaties, coin money, create their own currency, declare war, or enter alliances. States also cannot pass retroactive criminal laws, declare people guilty without trial, or violate contracts.

States may not tax imports or exports without Congress’s permission, and any money collected must go to the federal Treasury. States need congressional approval to keep armies or warships in peacetime, or to enter agreements with other states or foreign nations — unless they are actually invaded or in immediate danger.

3. Government Powers Limited (What States Are Forbidden to Do)

(A) States cannot act as sovereign nations

States are prohibited from:

• making treaties
• forming alliances
• forming confederations
• issuing letters of marque and reprisal
• declaring war (unless invaded or in imminent danger)

(B) States cannot create or manipulate currency

States may NOT:

• coin money
• issue bills of credit (paper money)
• make anything but gold or silver a legal tender for paying debts

(This clause was significantly weakened after the Civil War due to national currency laws, but the text remains.)

(C) States cannot violate basic rule-of-law protections

States may NOT pass:

• bills of attainder
• ex post facto laws
• laws impairing contract obligations
• titles of nobility

(D) States cannot violate federal control of interstate and international commerce

States may NOT:

• impose taxes on imports/exports without Congress’s consent
• impose duties of tonnage without consent
• keep troops or warships in peacetime without consent

(E) States cannot enter into compacts

Unless Congress approves, states cannot:

• enter agreements with other states
• enter agreements with foreign powers

This protects national unity.

4. Government Restrictions / Limits (Summarized)

States MAY NOT:

• Make treaties
• Form alliances or confederations
• Coin money
• Issue their own paper currency
• Use anything but gold/silver as legal tender
• Pass bills of attainder
• Pass ex post facto laws
• Impair contracts
• Grant titles of nobility
• Tax imports/exports without Congress’s consent
• Tax tonnage
• Keep armies or navies in peacetime without consent
• Enter compacts without consent
• Engage in war unless invaded or in immediate danger

No other section of the Constitution places this many prohibitions on states — Section 10 is the hard limit on state sovereignty.

5. What It Does NOT Say

Does not restrict states from:

• running their own police powers
• establishing state currencies for accounting (but not legal tender)
• issuing bonds (legal, as debt instruments, not currency)
• having state militias / National Guard units (authorized elsewhere)
• entering routine cooperative agreements with federal agencies (non-compacts)

Does not allow states to:

• nullify federal law
• secede
• claim foreign policy authority

Does not prohibit states from:

• using fiat currency created by Congress
• establishing state inspection laws
• taxing goods once they are inside the state (sales, use, excise)

6. Key Supreme Court Interpretations

Fletcher v. Peck (1810) – States cannot impair vested contractual obligations — first major use of the Contracts Clause.

Dartmouth College v. Woodward (1819) – Reaffirmed the Contracts Clause: states cannot interfere with private corporate charters.

Gibbons v. Ogden (1824) – State laws interfering with interstate commerce violate the Commerce Clause + Section 10.

Craig v. Missouri (1830) – States cannot issue bills of credit — meaning they cannot circulate paper money.

Austin v. New Hampshire (1975) – States cannot impose discriminatory taxes on citizens of other states.

United States Steel v. Multistate Tax Commission (1978) – Interstate compacts without increased state power do not require congressional approval.

New York v. United States (1992) – States cannot be “commandeered” by the federal government, but state limits under Section 10 remain in force.

7. Provisions Modified by Later Amendments

13th Amendment

Not directly modifying Section 10, but elimination of slavery changed the context of state powers.

14th Amendment

Applies many restrictions to states through:

• Due process
• Equal protection
• Privileges or immunities

16th Amendment

Does not affect states but changed federal tax structure, altering some interactions with Section 10’s taxation limits.

17th Amendment

Impacts state legislatures but not Section 10 directly.

No clause in Section 10 has been formally repealed or superseded, but national currency laws and federal supremacy significantly limit the effect of the “gold and silver” tender clause.

8. Summary for TICRI

Article I, Section 10 is the Constitution’s list of prohibitions on state governments — placing absolute limits on state sovereignty to prevent:

• interstate conflict
• economic fragmentation
• separate foreign policies
• competing currencies
• violations of contract rights

This section creates the foundation of federal supremacy and national unity, preventing states from acting as independent nations.

🇺🇸 ARTICLE II — SECTION 1, CLAUSE 1

“The Executive Power shall be vested in a President…”

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

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

2. Plain English

All federal executive authority is placed in one person — the President of the United States.

3. Government Powers Created

This clause:

✔ Creates the Presidency

There was no executive branch before this sentence.

✔ Vests all federal executive power in one office

This means the President is:

• head of state
• head of government
• commander in chief (expanded later)
• head of the executive branch

✔ Creates a single-person executive

Unlike the Articles of Confederation (which had none) or the multi-member executives in some states, the federal executive is unitary — one person.

✔ Establishes the President as the source of all federal executive authority

All executive agencies, officers, and departments derive their power from this vesting.

4. Government Restrictions / Limits

This clause does not give the President unlimited power:

Executive power is limited by:

• Article II, Sections 2–4
• Congressional statutes (if constitutional)
• Judicial review
• Elections
• Impeachment

President cannot:

• exercise legislative power (Art. I Sec. 1)
• exercise judicial power (Art. III Sec. 1)

Executive orders must be rooted in:

• constitutional authority, or
• congressional authorization

5. What It Does NOT Say

• Does not define what “executive power” includes — courts and historical practice fill this in.
• Does not specify the President’s duties (those come later in Section 3).
• Does not authorize the President to:
  • make laws
  • spend money not appropriated
  • declare war
  • seize private property
  • suspend rights
• Does not establish executive agencies — Congress creates them.

6. Key Supreme Court Interpretations

Myers v. United States (1926) – President has inherent authority to remove executive officers.

Humphrey’s Executor v. United States (1935) – Congress may limit the President’s removal power for independent regulatory agencies.

Youngstown Sheet & Tube Co. v. Sawyer (1952) – President cannot seize private industry without congressional authorization. Executive power is limited by Congress.

U.S. v. Nixon (1974) – Executive privilege exists, but is not absolute.

Seila Law LLC v. CFPB (2020) – Reaffirmed unitary executive: a single-headed agency must be removable by the President.

7. Constitutional Amendments Affecting This Clause

This specific vesting clause has not been altered by amendment.

However, the functioning of the Presidency is affected by:

• 12th Amendment (revised Electoral College process)
• 20th Amendment (term start: Jan 20)
• 22nd Amendment (two-term limit)
• 25th Amendment (succession & incapacity rules)

None change the vesting of executive power.

8. Summary for TICRI

Article II, Section 1, Clause 1 creates the Presidency.

It is the equivalent of Article I, Section 1 for Congress — the “birth certificate” of the Executive Branch.

This clause establishes:

• a unitary executive
• the foundation of federal executive authority
• the separation between executive and legislative/judicial powers

Everything the President does must trace back to this clause and the powers assigned later in Article II.

🇺🇸 ARTICLE II — SECTION 1, CLAUSE 2

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”

2. Plain English

Each state chooses a group of presidential electors in whatever way the state legislature decides. The number of electors equals the state’s total number of Senators and House members. Members of Congress and federal officials cannot serve as electors.

3. Government Powers Created

✔ State Power to Appoint Electors

States have complete authority to decide how their electors are chosen:

• popular vote (current method)
• legislative appointment (original method used by several states)
• district-based systems
• proportional systems

This power remains intact today even after the 12th Amendment.

✔ Creation of the Electoral College

This clause forms the basic structure:

• Each state gets electors based on representation.
• Congress cannot choose electors.
• Federal officials cannot interfere as electors.

✔ Federalism Built Into Presidential Elections

• States control the appointment of electors.
• Federal government only counts votes and sets certain rules.

4. Government Restrictions / Limits

On the Federal Government

• Cannot choose electors.
• Cannot serve as electors (Members of Congress & federal officers barred).
• Cannot override state legislatures’ methods of selecting electors (within constitutional bounds).

On States

States must:

• appoint electors (cannot refuse).
• appoint electors equal to their congressional representation.

States may not:

• allow federal officers to serve as electors.
• appoint electors in a way that violates other constitutional protections (e.g., racial discrimination).

5. What It Does NOT Say

• Does not require electors be chosen by popular vote.
• Does not require states to award all electors to a single candidate (winner-take-all is a choice, not a constitutional mandate).
• Does not forbid states from:
  • using proportional allocation
  • using district-based allocation
  • directly appointing electors through state legislatures
• Does not create political parties or primaries.
• Does not define how electors vote (that comes in later clauses + the 12th Amendment).
• Does not allow members of Congress to influence the election as electors.

6. Key Supreme Court Interpretations

McPherson v. Blacker (1892) – States have plenary authority to choose electors however they want.

Ray v. Blair (1952) – States can require electors to pledge to support specific candidates.

Chiafalo v. Washington (2020) – States may punish or replace “faithless electors” who refuse to vote according to state law or pledge.

Bush v. Gore (2000) – State legislature has constitutional primacy in defining the manner of selecting electors.

7. Amendments That Modify the Clause

12th Amendment (1804)

Revises how electors vote for President and Vice President but does not change:

• state control of elector appointment
• number of electors
• prohibition on federal officeholders serving as electors

23rd Amendment (1961)

Gives Washington, D.C. three electors.

8. Summary for TICRI

Clause 2 establishes the Electoral College’s foundation:

• States decide how electors are chosen
• Number of electors = representation in Congress
• Federal officials barred from participation
• Federal government cannot dictate selection methods

This clause is central to federalism — presidential elections are not national popular votes but state-administered electoral processes.

🇺🇸 ARTICLE II — SECTION 1, CLAUSE 3

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim — Original 1787 Text)

(Note: This clause is no longer operational due to the 12th Amendment. The text remains for historical accuracy.)

“The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate.

The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted.

The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President.

But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice.

In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.”

2. Plain English

Electors met in their own states and each cast two votes for President. One of the people they voted for had to be from a different state.

They sent the certified lists of their votes to the President of the Senate, who opened them before Congress. The person with the most votes (if it was a majority) became President. The runner-up became Vice President.

If there was a tie, or if no one had a majority, the House chose the President, with each state getting one vote. If there was a tie for Vice President, the Senate chose the Vice President.

This system failed in the elections of 1796 and 1800 and was replaced by the 12th Amendment.

3. Government Powers Created (Original, Now Superseded)

✔ Electors vote for two candidates for President

• Both votes were for President; the runner-up became Vice President.

✔ Electors must vote for at least one person from outside their own state

• This prevented electors from simply voting for two local favorites.

✔ Vice President chosen by:

• Electoral College runner-up (original system)
• Senate vote only in the event of a tie

✔ House chooses the President under specific conditions

• If the top candidates tie
• If no one wins a majority

✔ House votes by state delegation, not by individual members

• Each state = one vote.

4. Government Restrictions / Limits

(A) Federal Government

• Cannot control how electors vote.
• Cannot change state delegation voting method during a contingent election.

(B) Electors

• Must meet and vote in their own states.
• Must produce signed, certified vote lists.
• Must vote for at least one person from another state.

(C) House of Representatives (Contingent Elections)

• Must vote by state.
• Majority of all states (not members) required.
• Quorum requires 2/3 of states present.

(D) Senate

• Only chooses the Vice President in the event of a tie for second place.

5. What It Does NOT Say

• Does not require electors to follow the popular vote.
• Does not require electors to be pledged (states added this later).
• Does not mention political parties — this system predates parties.
• Does not allow direct national popular election of the President.
• Does not allow states to pool electors (e.g., National Popular Vote Compact).
• Does not specify any role for the Supreme Court in counting votes.

6. Why This Clause Was Replaced (Historical Failure)

The original system broke down almost immediately due to the rise of political parties:

1796: President and Vice President were from opposing parties.

1800: Thomas Jefferson and Aaron Burr tied (73–73), causing a 36-ballot deadlock in the House.

This failure led directly to the 12th Amendment (1804).

7. Amendments That Supersede This Clause

✔ 12th Amendment (1804)

Replaces the entire voting procedure with:

• separate ballots for President and Vice President
• revised contingent election procedures
• clearer electoral counting process

Everything in Article II, Section 1, Clause 3 related to:

• dual votes
• runner-up becomes VP
• House choosing from top five
• Senate breaking VP ties

is now legally obsolete.

8. Summary for TICRI

Clause 3 contains the original — and ultimately failed — method of electing the President and Vice President.

Its flaws required the 12th Amendment, which:

• separated presidential and vice-presidential ballots
• accommodated political parties
• modernized contingent election rules

This clause is kept for historical context, but is no longer operative law.

🇺🇸 ARTICLE II — SECTION 1, CLAUSE 4

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

(Note: This clause remains textually present, but parts are superseded by the 12th Amendment.)

“The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.”

2. Plain English

Congress decides when states choose their electors and sets a single, nationwide day for electors to cast their votes.

3. Government Powers Created

✔ Congress controls the calendar of presidential elections

Congress has full authority to:

• establish the date electors are chosen
• establish the date electors meet and vote
• ensure electors vote on the same day in every state

✔ Ensures uniformity across states

States cannot hold elector voting on different days — this prevents:

• manipulation
• vote tampering
• strategic delays
• post-election bargaining

✔ Congressional authority over timing is absolute

No other branch can set these dates.

The current dates are established by federal statute:

• Elector appointment (Election Day): first Tuesday after the first Monday in November
• Electors meet: mid-December (fixed by 3 U.S.C. § 7)

4. Government Restrictions / Limits

On the States

States:

• must follow the dates Congress sets
• cannot choose electors after Election Day
• cannot have electors meet on a different day
• cannot delay the vote unless federal law allows it

On Congress

Congress:

• must set a single day for electors to vote
• cannot set different dates for different states

On Electors

Electors:

• must vote on the federal date set by statute
• cannot meet early or late
• cannot cast votes after the deadline

5. What It Does NOT Say

• Does not define how electors must vote (that’s the 12th Amendment).
• Does not require a popular vote (states decide this).
• Does not define how results are counted or certified (later clauses cover this).
• Does not define “Election Day” — Congress defines it by statute.
• Does not authorize Congress to choose the President directly.
• Does not allow states to change elector appointment methods after Election Day.

6. Key Supreme Court Interpretations

Foster v. Love (1997) – States may not conduct the final selection of electors after Election Day set by Congress.

Bush v. Gore (2000) – State legislatures have primacy in elector appointment, but federal timing rules still bind them.

Chiafalo v. Washington (2020) – States may enforce elector pledges, but electors must still vote on the federal date.

7. Amendments That Affect This Clause

✔ 12th Amendment (1804)

Modified how electoral votes are cast and counted, but did not modify:

• Congress’s power to set dates
• requirement that electors vote on the same day

✔ 20th Amendment

Adjusted the timeline of presidential transition, but not elector voting dates.

✔ 23rd Amendment

Added electors for Washington, D.C., but used the same federal dates.

8. Summary for TICRI

Clause 4 ensures that presidential elections are uniform, synchronized, and federally regulated in terms of timing.

Congress — not states and not the President — controls:

• when electors are chosen
• when electors vote

This prevents states from manipulating the timeline and preserves national electoral integrity.

🇺🇸 ARTICLE II — SECTION 1, CLAUSE 5

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

2. Plain English

To be President, a person must:

• be a natural-born citizen (or a citizen at the time the Constitution was adopted),
• be at least 35 years old, and
• have lived in the United States for at least 14 years.

3. Government Powers Created

✔ Creates the constitutional qualifications for President

A candidate must meet three requirements:

• Natural-born citizen (or grandfathered in as a citizen in 1789)
• At least 35 years old
• 14 years residency in the United States

✔ Disqualifies certain categories of persons from eligibility

• Naturalized citizens (even if long-time residents)
• Foreign-born citizens not meeting the natural-born criterion
• Anyone under age 35
• Anyone who hasn’t lived in the U.S. long enough

✔ Establishes a national standard

• Qualifications are the same across all states and cannot be altered by Congress or state governments.

4. Government Restrictions / Limits

Congress cannot:

• add new qualifications
• remove qualifications
• change the age requirement
• redefine “natural born citizen” legislatively
• waive the requirements

States cannot:

• impose additional qualifications (ballot access may not violate Article II)
• lower the standards
• create residency interpretations inconsistent with federal law
• prevent eligible candidates from running

Courts cannot:

• invent qualifications that don’t exist
• strip qualified candidates of eligibility

5. What It Does NOT Say

• Does not define “natural-born citizen” explicitly — this is determined by historical/legal interpretation.
• Does not require that the 14 years of residency be consecutive.
• Does not prevent the candidate from having dual citizenship.
• Does not require military service, governmental experience, or legal training.
• Does not require the President to be male (contrary to some early assumptions).
• Does not require the President to be born on U.S. soil (only “natural-born,” which includes some foreign births to U.S. citizens).
• Does not disqualify candidates based on:
  • criminal record
  • impeachment of other offices
  • mental health
  • religion
  • income
  • education
• Does not require a popular vote — the Electoral College controls that.

6. Key Constitutional & Supreme Court Interpretations

Natural-Born Citizen (Historical & Legal)

The term “natural-born citizen” is interpreted through:

• English common law
• Early American legal treatises
• The 1790 and 1795 Naturalization Acts
• Supreme Court dicta and holdings in related citizenship cases

The consensus interpretation:

• A natural-born citizen is a person who was a citizen at birth under U.S. law.

This includes:

• born on U.S. soil (jus soli)
• born abroad to U.S. citizen parents under statutory authority

Key Cases

Although no Supreme Court case directly defines it, relevant cases include:

U.S. v. Wong Kim Ark (1898) – Established jus soli (birthright citizenship) for those born in the United States.

Schneider v. Rusk (1964) – Distinguished between “natural-born” and naturalized citizens.

Perkins v. Elg (1939) – Recognized that a foreign-born child of U.S. citizens can be natural-born.

Age Requirement

• Never litigated — absolute and straightforward.

Residency Requirement

Interpreted to mean:

• 14 total years,
• not required to be consecutive,
• can occur at any time before taking office.

7. Amendments That Affect This Clause

✔ 22nd Amendment (1951)

• Adds term limits (two elected terms) but does not change eligibility requirements.

✔ 14th Amendment (1868)

• Defines U.S. citizenship but does not alter the “natural-born citizen” requirement.

No amendment has ever altered the original qualifications listed in Clause 5.

8. Summary for TICRI

Article II, Section 1, Clause 5 creates the immutable constitutional requirements for becoming President.

The Framers chose:

• natural-born citizenship
• 35 years old
• 14 years residency

These qualifications are exclusive, exhaustive, and cannot be changed except by constitutional amendment.

This clause ensures:

• loyalty to the country
• maturity
• familiarity with American life
• protection from foreign influence in the executive branch

It is one of the most rigid and litigated eligibility standards in the entire Constitution.

🇺🇸 ARTICLE II — SECTION 1, CLAUSE 6

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

(Note: Parts of this clause are modified or superseded by the 20th & 25th Amendments, but the original text is included for accuracy.)

“In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President; and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.”

2. Plain English

If the President is removed, dies, resigns, or is unable to serve, the Vice President takes over the powers and duties of the presidency.

Congress can also create a law for deciding who becomes acting President if both the President and Vice President cannot serve. That person serves until the President’s inability ends or a new President is elected.

3. Government Powers Created

✔ Creates first-line succession

VP assumes presidential powers and duties if the President:

• is removed
• dies
• resigns
• becomes unable to serve

✔ Authorizes Congress to legislate further succession

Congress may:

• create a line of succession beyond the Vice President
• determine who acts as President
• define how long the acting President serves

This authority is the basis for:

• Presidential Succession Acts of 1792, 1886, and 1947
• The modern line of succession: Speaker → President pro tempore → Cabinet

✔ Temporary transfer of power

The clause anticipates:

• temporary inability
• restoration of presidential power (“until the disability be removed”)

This is the textual source of modern disability procedures.

4. Government Restrictions / Limits

• VP assumes power automatically — not optional.
• Succession beyond VP requires congressional legislation.
• Acting presidents serve only until:
  • disability ends, or
  • a new President is elected
• VP acts with full presidential authority — not partial authority.
• Congress cannot place a non–constitutionally eligible person into the line of succession.

5. What It Does NOT Say

• Does not specify whether VP becomes “President” or “Acting President.” (This ambiguity led to confusion until 1841 and the 25th Amendment.)
• Does not define inability (incapacity).
• Does not describe how inability is determined.
• Does not specify procedures for:
  • mental incapacity
  • temporary anesthesia
  • contested disability
  • voluntary transfer
• Does not establish:
  • order of succession
  • VP vacancy rules
  • dealing with a disabled VP

All of these issues were addressed much later by amendment and statute.

6. Key Constitutional Interpretations & Historical Practice

Tyler Precedent (1841)

When President William Henry Harrison died, VP John Tyler declared himself President, not “Acting President.” This established the “full succession” precedent.

25th Amendment (1967)

Clarifies:

• VP becomes President upon vacancy
• Procedures for determining presidential inability
• Procedures for resolving disputes
• Procedures for temporarily transferring power
• How to fill a vice-presidential vacancy

Presidential Succession Acts

Congress used its Clause 6 authority to legislate:

• 1792 Succession Act: President pro tempore → Speaker
• 1886 Act: Cabinet succession
• 1947 Act (current): Speaker → President pro tempore → Cabinet

7. Amendments That Modify This Clause

✔ 20th Amendment

Clarifies what happens if the President-elect dies or fails to qualify.

✔ 25th Amendment

Radically modernizes succession and disability procedures:

• VP becomes President, not “acting”
• VP and Cabinet can declare presidential inability
• President can voluntarily transfer power
• Congress resolves disputes

This clause remains the origin, but the 25th is now controlling law.

8. Summary for TICRI

Article II, Section 1, Clause 6 creates the presidential succession framework, granting:

• automatic VP succession
• congressional authority to create further succession
• authority for temporary disability scenarios

The clause has been heavily supplemented (and partially superseded) by:

• the 20th Amendment
• the 25th Amendment
• statutory succession acts

But the original text remains foundational to the structure and continuity of executive power.

🇺🇸 ARTICLE II — SECTION 1, CLAUSE 7

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

“The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.”

2. Plain English

The President is paid a salary on a regular schedule. That salary cannot be raised or lowered while the President is serving the current term. During that term, the President cannot receive any other payments or benefits from the U.S. government or from any state government.

3. Government Powers Created

✔ Compensation for the President

Congress must set a salary for the President, paid at regular intervals.

✔ Creates a constitutional barrier against bribery or financial influence

The President may only receive:

• the constitutionally authorized salary
• nothing extra from:
  • the federal government
  • any state government

✔ Ensures presidential independence

Congress cannot financially punish or reward a President who is already in office.

4. Government Restrictions / Limits

On Congress

• Cannot raise the President’s pay during the President’s current term.
• Cannot lower the President’s pay during the President’s current term.
• Cannot give the President:
  • bonuses
  • gifts
  • additional offices
  • special payments
  • discretionary benefits
  • payments through agencies or departments

On the States

No state may give the President:

• money
• land
• offices
• “emoluments” (any profit or benefit)

On the President

• President may not accept ANY other compensation beyond the fixed salary.
• President may not accept state-level payments or perks.

5. What It Does NOT Say

• Does not require the President to take a salary. (The salary must be available, but the President may decline it.)
• Does not prohibit the President from having private income (businesses, investments, royalties), so long as it does not come from:
  • federal government
  • state governments
  • foreign governments (foreign gifts covered in Article I, Section 9)
• Does not define “emolument” — historically interpreted broadly.
• Does not allow Congress to manipulate or politically pressure the President through pay changes.
• Does not define the amount — Congress has full discretion before the start of each term.

6. Key Supreme Court Interpretations & Constitutional Practice

There has been no Supreme Court case directly defining this clause, but relevant doctrines include:

Foreign Emoluments Clause (Article I, Section 9)

• Prohibits the President from receiving benefits from foreign states without congressional consent.

Domestic Emoluments Clause (this clause)

Prohibits:

• federal benefits beyond the set salary
• state benefits
• additional offices

Legal scholarship and historical practice treat this as a strict prohibition.

Historical Precedent

• Presidents have sometimes declined salary increases passed before their term started (to avoid any appearance of impropriety).
• George Washington sought clarification that private income was permissible — it is.

Ethics and Constitutional Norms

This clause is the strongest protection against:

• corruption
• influence buying
• state-level favoritism
• congressional retaliation

7. Amendments That Affect This Clause

None.

This clause remains exactly as it was written in 1787.

The 27th Amendment concerns Congress’s own pay, not the President’s.

8. Summary for TICRI

Article II, Section 1, Clause 7 protects the independence, neutrality, and integrity of the presidency by:

• locking presidential salary for the entire term
• preventing Congress from rewarding or punishing a President financially
• preventing states from buying influence with gifts or payments
• prohibiting all additional “emoluments” from government bodies

This clause eliminates one of the oldest forms of political corruption: paying the executive to act in someone’s interest.

It is one of the strongest anti-corruption mechanisms in the Constitution.

🇺🇸 ARTICLE II — SECTION 1, CLAUSE 8

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

“Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:— ‘I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.’”

2. Plain English

Before the President can start doing the job, he must take an oath (or make an affirmation) to faithfully carry out the duties of President and to preserve, protect, and defend the U.S. Constitution to the best of his ability.

3. Government Powers Created

✔ Makes the Presidential Oath a constitutional requirement

The President cannot legally exercise executive authority until this oath is taken.

✔ Creates a constitutional duty

The President must:

• faithfully execute the office, and
• preserve, protect, and defend the Constitution

This is not symbolic — it creates legal obligations.

✔ Affirmation option

Allows the President to “affirm” instead of “swear” (protecting religious freedom, especially for Quakers and others).

4. Government Restrictions / Limits

On the President

• Cannot exercise executive power without taking the oath.
• Must uphold the Constitution — violating the oath is grounds for:
  • impeachment
  • removal
  • disqualification
• Cannot modify the oath.
• Cannot add conditions or statements (e.g., no religious wording mandated or permitted in the constitutional text).

On Congress

• Cannot change the wording of the oath.
• Cannot waive the oath.
• Cannot require additional oaths beyond constitutional ones for assuming office as President.

On States

• Cannot add qualification requirements related to the oath.
• Cannot demand loyalty oaths from the President.

5. What It Does NOT Say

• Does not require placing a hand on a Bible (pure tradition).
• Does not require the oath to be administered by the Chief Justice (tradition, not law).
• Does not specify where the oath must be taken.
• Does not specify that the oath must be taken publicly.
• Does not allow the President to change the oath’s wording.
• Does not allow any branch to exempt the President from this oath.

The only constitutionally correct oath is the exact text provided.

6. Key Constitutional Interpretations & Practice

Who administers the oath?

• Traditionally the Chief Justice, but legally any person authorized to administer oaths can do it.
• Calvin Coolidge was sworn in by his father (a notary public).
• Federal judges have administered the oath multiple times.

When exactly does power transfer?

• Under the 20th Amendment, the presidential term begins at noon on January 20.
• The oath must be taken before exercising power.
• If the oath is delayed slightly (e.g., due to logistics), the President is President legally, but cannot exercise authority until sworn in.

If the oath is recited incorrectly?

• Historical example: Obama’s 2009 oath was flubbed; the oath was re-administered privately to eliminate doubt.

Failure to uphold the oath

• Can form the basis for articles of impeachment.

7. Amendments That Affect This Clause

✔ 20th Amendment

Determines when the presidential term begins (January 20), which dictates the timing of the oath.

The oath language itself has never been amended or altered.

8. Summary for TICRI

Article II, Section 1, Clause 8:

• finalizes the creation of the Executive
• activates the powers vested in the office
• binds the President to the Constitution
• prohibits modification of the oath
• does not permit tradition to override constitutional text

This clause is a constitutional contract between the President and the nation.

Every President since 1789 has taken these exact words.

🇺🇸 ARTICLE II — SECTION 2

Full Text + Complete TICRI Constitutional Breakdown (All Clauses)

1. Exact Text (Verbatim)

Section 2.

Clause 1: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”

Clause 2: “He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

Clause 3: “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”

🇺🇸 CLAUSE 1 — Commander in Chief, Departments, and Pardons

2. Plain English

The President is Commander in Chief of the armed forces and of state militias when those militias are called into national service. He may ask the top officials of executive departments for written advice about their duties. He may grant pardons and reprieves for federal crimes, except in cases of impeachment.

3. Government Powers Created

A. Commander in Chief

Full command authority over:

• U.S. Army
• U.S. Navy
• U.S. armed forces generally
• Command over state militias only when federalized.

B. Executive Departments

• President can require written opinions from department heads (the birth of the Cabinet).
• Implies authority to supervise and remove most executive officers (developed in case law).

C. Pardon Power

President may grant:

• pardons
• reprieves
• commutations
• clemency

Applies only to federal offenses.

D. Limits on Pardon Power

• Cannot pardon impeachment.
• Cannot pardon state crimes.
• Cannot pardon civil suits.
• Cannot pardon future hypothetical crimes.

4. Government Restrictions / Limits

• President cannot command militias unless they are called into federal service.
• President cannot declare war (that’s Congress).
• President cannot pardon impeachment.
• President cannot compel department heads to act contrary to law.
• President cannot use military power to override civilian law without congressional/statutory authority.

5. What It Does NOT Say

• Does not give the President the power to fund the military.
• Does not give the President power to initiate war.
• Does not give the President power to command state militias outside federal activation.
• Does not define what “executive departments” are — Congress creates them.
• Does not restrict the pardon power for treason (controversial but true).

6. Key Supreme Court Interpretations

Youngstown Sheet & Tube (1952) — President cannot seize private property without congressional authority.

Ex parte Milligan (1866) — military law cannot replace civilian courts where civilian courts operate.

U.S. v. Nixon (1974) — executive privilege exists but is limited.

Ex parte Garland (1866) — pardon power is broad and may be exercised before conviction.

🇺🇸 CLAUSE 2 — Treaties and Appointments

2. Plain English

The President can make treaties with the approval of two-thirds of the Senators present. He nominates ambassadors, public ministers, consuls, Supreme Court justices, and other federal officers. Most appointments require Senate approval, but Congress can allow the President, the courts, or department heads to appoint lower-level officers directly.

3. Government Powers Created

A. Treaty Power

• President negotiates treaties.
• Senate must approve by two-thirds vote.
• No treaty is valid without Senate consent.

B. Appointment Power

President nominates:

• Supreme Court Justices
• ambassadors
• cabinet secretaries
• federal judges
• executive officers
• consuls
• ministers
• military officers

Senate confirms except where Congress creates exceptions.

C. Inferior Officers Clause

Congress may allow appointment of lower officers by:

• the President alone
• heads of departments
• the judiciary

This is constitutionally foundational for:

• federal agencies
• independent commissions
• magistrate judges
• military promotions

4. Government Restrictions / Limits

• President cannot ratify treaties alone.
• Senate cannot appoint — only consent.
• Congress cannot give appointment power to persons not listed.
• President cannot create offices — Congress must create positions by law.
• President cannot bypass Senate for principal officers.
• Senate cannot insert its own nominees.

5. What It Does NOT Say

• Does not permit executive agreements as substitutes for treaties (practice later recognized in case law).
• Does not define “inferior officer” — courts interpret this.
• Does not allow recess appointments to bypass Senate permanently.
• Does not allow the Senate to initiate nominations.
• Does not say treaties override the Constitution (they do not).

6. Key Supreme Court Interpretations

Myers v. U.S. (1926) — President may remove executive officers.

Humphrey’s Executor (1935) — Congress may limit removal for independent agencies.

Buckley v. Valeo (1976) — Officers with significant authority must be appointed under Article II.

Zivotofsky v. Kerry (2015) — President has exclusive recognition power in foreign affairs.

Missouri v. Holland (1920) — treaties can expand federal legislative authority (controversial).

INS v. Chadha (1983) — legislative vetoes violate bicameralism/presentment.

🇺🇸 CLAUSE 3 — Recess Appointments

2. Plain English

If the Senate is not in session and a federal office becomes vacant, the President can temporarily fill the office. That temporary appointment ends at the end of the Senate’s next session.

3. Government Powers Created

• President may fill vacancies when the Senate cannot confirm because it is in recess.
• Temporary commissions expire after the next Senate session.
• Ensures government continuity.

4. Government Restrictions / Limits

• Appointment is temporary — expires automatically.
• Only applies to vacancies that “happen” during recess (interpreted broadly).
• Senate controls when it is in recess.
• President cannot create permanent appointments through this mechanism.

5. What It Does NOT Say

• Does not define “recess” — later litigated.
• Does not allow bypassing Senate entirely.
• Does not override the requirement for Senate confirmation of principal officers.
• Does not allow recess appointments when Senate is holding “pro forma” sessions.

6. Key Supreme Court Interpretations

NLRB v. Noel Canning (2014)

Landmark ruling defining recess appointments:

• Senate decides when it is in recess.
• “Pro forma” sessions count — President cannot declare Senate in recess.
• Vacancy does not need to arise during recess; it must exist during recess.
• Recess appointments valid only during breaks of substantial length (typically > 10 days).

🇺🇸 SUMMARY FOR TICRI — Article II, Section 2

Article II, Section 2 defines the core executive powers, including:

✔ Military command (Commander in Chief) ✔ Pardon power ✔ Treaty-making authority (shared with Senate) ✔ Appointment of all key federal officers ✔ Recess appointment power ✔ Direction of executive departments

It is the foundation of:

• U.S. military authority
• foreign policy
• federal bureaucracy
• judicial nominations
• separation of powers between Executive and Senate

Section 2 is the engine of the Presidential role as:

• chief diplomat
• commander in chief
• chief administrator
• appointing authority
• constitutional check on judiciary through nominating power

🇺🇸 ARTICLE II — SECTION 3

Full Text + Complete TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 3.

“He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient;

he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper;

he shall receive Ambassadors and other public Ministers;

he shall take Care that the Laws be faithfully executed,

and shall Commission all the Officers of the United States.”

2. Plain English

The President must give Congress updates on the condition of the country and suggest laws he thinks are needed. He can call Congress into session on special occasions and can decide when Congress adjourns if the House and Senate cannot agree. He receives foreign ambassadors and ministers, must ensure that federal laws are carried out, and signs the commissions (official appointments) of federal officers.

3. Government Powers Created

✔ A. State of the Union Power

• President must inform Congress about national conditions.
• President may recommend legislation.
• Creates a constitutional communication channel.

✔ B. Convening Congress

President may convene:

• both chambers
• either chamber

This can happen during:

• emergencies
• crises
• urgent legislative needs

✔ C. Adjournment Power

• If House and Senate cannot agree on an adjournment date, the President may set it.
• This is the only constitutional power the President has over Congress’s internal schedule.

✔ D. Receiving Ambassadors

Establishes the President as:

• head of state
• chief diplomat
• Grants authority to recognize foreign governments (developed later in case law).

✔ E. Take Care Clause

President must ensure laws are faithfully executed.

Basis for:

• executive orders (when rooted in law)
• enforcement discretion
• supervision of agencies
• prosecutorial priorities

✔ F. Commissioning Officers

President signs commissions for:

• judges
• diplomats
• military officers
• executive officers

Creates the formal moment an officer legally assumes office.

4. Government Restrictions / Limits

State of the Union

• President must report “from time to time,” but cannot dictate Congress’s agenda.

Calling Congress

• Limited to “extraordinary occasions.”

Adjournment Power

• Only applies when the House and Senate disagree on the adjournment date.
• President cannot adjourn Congress at will.

Receiving Ambassadors

Does not allow the President to:

• start wars
• make treaties alone
• formally break diplomatic relations without legal authority

Take Care Clause

• President must enforce the law — cannot suspend or refuse to enforce statutes for political reasons.
• Cannot rewrite laws under the guise of “execution.”
• Cannot create new laws.

Commissioning Officers

• Cannot commission an office that does not exist.
• Must follow Senate confirmation for principal officers.
• Cannot refuse to commission officers for unconstitutional reasons (Marbury v. Madison background).

5. What It Does NOT Say

• Does not require an in-person State of the Union (Jefferson used written messages).
• Does not require Congress to act on presidential recommendations.
• Does not give President authority to dissolve Congress.
• Does not give President unilateral foreign recognition power explicitly (case law infers it).
• Does not allow President to ignore laws.
• Does not allow President to create administrative agencies.
• Does not authorize executive privilege — courts recognize this but limit it.
• Does not give President power to:
  • declare national emergencies
  • set nationwide policies
  • change immigration law
  • direct state governments

— unless supported by statutes or other constitutional powers.

6. Key Supreme Court Interpretations

A. Receiving Ambassadors / Recognition Power

Zivotofsky v. Kerry (2015) – President has exclusive authority to recognize foreign nations.

B. Take Care Clause

Youngstown Sheet & Tube v. Sawyer (1952) – President cannot make or change laws under the guise of execution.

C. Commissioning Officers

Marbury v. Madison (1803) – A commission is complete when signed and sealed, regardless of delivery.

D. Executive Orders

Executive orders are valid only if rooted in:

• constitutional power, or
• statutory authority.

E. Convening Congress

Historically used rarely:

• Lincoln (Civil War)
• Truman (“Turnip Day” Session)

Precedent affirms that the President cannot force legislative action — only convene.

7. Amendments That Affect This Clause

✔ 20th Amendment

Moves congressional sessions and presidential terms, affecting the timing of “extraordinary sessions.”

✔ 25th Amendment

Impacts the Take Care clause during periods when the President is disabled (VP assumes execution duty).

No amendment alters the actual text or duties of Section 3.

8. Summary for TICRI

Article II, Section 3 defines the President’s core duties, not powers:

• Report to Congress (State of the Union)
• Recommend legislation
• Convene Congress in emergencies
• Resolve adjournment disputes
• Conduct diplomatic reception
• Faithfully execute the laws
• Commission officers

This section establishes the President as:

• chief executor of federal law
• chief diplomat
• national leader communicating with Congress
• constitutional failsafe during scheduling deadlock

It is the backbone of executive duty, as opposed to executive authority.

🇺🇸 ARTICLE II — SECTION 4

Full Text + Complete TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 4.

“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

2. Plain English

The President, Vice President, and all federal civil officers can be removed from office if the House impeaches them and the Senate convicts them. Conviction must be for treason, bribery, or other serious abuses of public office.

3. Government Powers Created

✔ Impeachment Power

• House of Representatives has the sole power to impeach (indict).
• Senate has the sole power to try and convict.

✔ Mandatory Removal

• If convicted: removal from office is mandatory, not optional.

✔ Who can be impeached

• President
• Vice President
• All “civil officers” of the U.S., including:
  • Cabinet officials
  • federal judges
  • ambassadors
  • senior executive officers

✔ Grounds for Impeachment

• Treason
• Bribery
• Other high Crimes and Misdemeanors

“High crimes and misdemeanors” includes:

• abuses of power
• violations of public trust
• serious misconduct
• corruption or dereliction of duty
• not necessarily indictable crimes

This is based on English common law and historical impeachment practice.

4. Government Restrictions / Limits

On Congress

• Cannot impeach for:
  • policy disagreements
  • incompetence alone
  • minor misdemeanors unrelated to office
• Cannot remove without a Senate conviction.
• Cannot try impeachment outside the procedures in Article I.

On the President

• Cannot use pardon power to avoid impeachment (“except in cases of impeachment”).
• Cannot fire or block Congress from conducting impeachment.
• Cannot dissolve Congress.

On the Senate

• Must try impeachments under oath.
• Chief Justice must preside when the President is tried.
• Conviction requires 2/3 of Senators present.

On the House

• Impeachment requires only a simple majority.
• Cannot convict — only indict.

5. What It Does NOT Say

• Does NOT require a crime for impeachment. (Established in historical precedent and constitutional convention notes.)
• Does NOT define “high crimes and misdemeanors” — intentionally left flexible.
• Does NOT allow judicial review of impeachment convictions (Senate has sole power).
• Does NOT allow impeachment of non–civil officers (e.g., members of Congress — that power is internal to each chamber, under Article I, Section 5).
• Does NOT specify impeachment procedures (left to internal House/Senate rules).
• Does NOT disqualify impeached-and-removed officials from future office automatically — disqualification is a separate Senate vote.

6. Key Supreme Court Interpretations

Nixon v. United States (1993) – Impeachment trials are non-justiciable. Courts cannot interfere; the Senate has “sole” authority.

U.S. v. Brewster (1972) – Bribery by members of Congress is criminally prosecutable; impeachment applies to civil officers, not legislators.

Belknap Impeachment (1876, Senate precedent) – Resignation does not end the Senate’s authority to try an impeachment.

Judge Pickering, Judge Chase, Judge Porteous cases – Reinforce that impeachable offenses include:

• corruption
• abuse of office
• misconduct
• violation of judicial ethics
• not just criminality

Historical Executive Impeachments

• Andrew Johnson (1868)
• Bill Clinton (1998)
• Donald Trump (2019 & 2021)

The trials and acquittals are part of constitutional practice, not Supreme Court law.

7. Amendments That Affect This Clause

No amendment directly modifies the impeachment clause.

However:

14th Amendment, Section 3

• Disqualifies those who have engaged in insurrection from holding office, separate from impeachment.

25th Amendment

• Provides an alternative for removal due to incapacity — but does NOT replace impeachment.

8. Summary for TICRI

Article II, Section 4 establishes the ultimate constitutional accountability mechanism for the Executive Branch and federal civil officers.

It ensures:

• no officer is above the law
• Congress alone wields impeachment power
• conviction requires a supermajority
• the President cannot use pardon or executive authority to avoid removal

This section is the Constitution’s primary safeguard against:

• corruption
• abuse of power
• betrayal of the nation
• violations of public trust

It is the final check in the separation of powers.

🇺🇸 ARTICLE III — SECTION 1

Full Text + Complete TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 1.

“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.”

2. Plain English

There will be one Supreme Court, and Congress may create lower federal courts if it chooses. Federal judges keep their jobs for life as long as they behave properly, and their pay cannot be cut while they are in office.

3. Government Powers Created

✔ Creates the Federal Judiciary

Establishes a Supreme Court (the only court the Constitution requires).

Gives Congress power to create other federal courts:

• District Courts
• Courts of Appeals
• Specialized courts (e.g., Tax Court, Claims Court)

✔ Vests “judicial power”

Federal courts receive:

• authority to decide cases
• constitutional interpretation authority
• judicial review (developed through case law)

✔ Life Tenure

Judges serve “during good Behaviour” — meaning:

• lifetime appointment
• can only be removed by impeachment

✔ Compensation Protection

Congress:

• must pay judges
• cannot reduce their pay while they are in office

This ensures judicial independence.

4. Government Restrictions / Limits

On Congress

• Cannot abolish the Supreme Court.
• Cannot remove judges except by impeachment.
• Cannot reduce judicial salaries during tenure.
• Cannot interfere with judicial decision-making.

On the Executive

• Cannot remove judges.
• Must execute judicial judgments.
• Cannot cut judicial pay.

On the Judiciary

• Cannot exercise non-judicial powers.
• Cannot self-create courts.
• Cannot change the Constitution.
• Cannot enforce judgments by military or executive force (must rely on executive compliance).

5. What It Does NOT Say

• Does not define what “judicial power” includes — structure developed through case law.
• Does not explicitly give courts the power of judicial review — this comes from Marbury v. Madison.
• Does not specify the number of Supreme Court Justices — Congress sets it.
• Does not give courts power to enforce rulings by force.
• Does not give courts budget authority.
• Does not define impeachment standards for judges.
• Does not require Congress to create lower courts (Congress could theoretically leave only the Supreme Court).
• Does not forbid Congress from increasing or decreasing the size of the Supreme Court (court-packing permissible by law).

6. Key Supreme Court Interpretations

Marbury v. Madison (1803) – Judicial review: courts can strike down unconstitutional laws.

Martin v. Hunter’s Lessee (1816) – Supreme Court can review state court decisions on federal issues.

McCulloch v. Maryland (1819) – Judiciary interprets the scope of federal powers.

Ex parte McCardle (1869) – Congress can limit Supreme Court appellate jurisdiction (Article III, Section 2 issue).

United States v. Klein (1871) – Congress cannot tell courts how to decide a case — violates separation of powers.

Sheldon v. Sill (1850) – Congress can set limits on the jurisdiction of lower federal courts.

7. Amendments That Affect This Section

✔ 11th Amendment

Limits judicial power over suits against states.

No other amendment changes Article III, Section 1 directly.

8. Summary for TICRI

Article III, Section 1:

• creates the federal judiciary
• establishes the Supreme Court
• authorizes Congress to create lower courts
• guarantees judicial independence through life tenure
• forbids reduction of judicial salaries
• forms the backbone of the rule of law

This section ensures that courts remain independent from political branches, able to interpret laws and the Constitution without threat of financial or political retaliation.

🇺🇸 ARTICLE III — SECTION 2

Full Text + Complete TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 2.

“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.”

2. Plain English

Federal courts can hear cases involving the Constitution, federal laws, U.S. treaties, ambassadors, the federal government, disputes between states, disputes between citizens of different states, maritime law, and cases involving foreign governments or foreign citizens.

The Supreme Court is the first court to hear cases involving ambassadors and cases where a state is a party. All other cases reach the Supreme Court only on appeal, unless Congress makes exceptions.

Criminal trials (except impeachment trials) must use juries and must occur in the state where the crime happened. If the crime wasn’t committed in a state, Congress decides where the trial will be held.

3. Government Powers Created

✔ A. Defines Federal Judicial Jurisdiction

Federal courts may hear:

• constitutional cases
• federal law cases
• treaty cases
• foreign relations cases
• admiralty/maritime cases
• cases with the U.S. as a party
• disputes between states
• diversity jurisdiction cases
• cases involving foreign citizens or states

✔ B. Creates Supreme Court “Original Jurisdiction”

Supreme Court is the first and only court for:

• cases with ambassadors
• public ministers
• consuls
• cases where a state is a party (state vs. state, or state vs. foreign country)

✔ C. Establishes Supreme Court “Appellate Jurisdiction”

For all other cases, the Supreme Court acts as an appeals court, reviewing:

• law
• facts (if Congress allows)

✔ D. Grants Congress authority over appellate jurisdiction

Congress may create:

• exceptions
• regulations

This is the “Exceptions Clause.”

✔ E. Jury Trial Requirement

• All federal criminal trials require juries.
• Location of trials must be in the state where the crime occurred.

4. Government Restrictions / Limits

On Federal Courts

• Cannot hear cases outside the listed categories.
• Cannot issue advisory opinions.
• Cannot initiate investigations or cases on their own.
• Must base decisions on actual “cases or controversies.”
• Must hold criminal trials in the state where offense occurred (except as allowed for extraterritorial crimes).

On Congress

• Cannot expand federal jurisdiction beyond constitutional categories.
• Cannot eliminate original jurisdiction of the Supreme Court.
• Can regulate appellate jurisdiction but cannot destroy the Court’s ability to function.
• Cannot violate the jury trial guarantee.

On the Executive

• Must enforce court judgments.
• Cannot bypass courts on matters requiring judicial review.
• Cannot decide the guilt of individuals (jury required).

5. What It Does NOT Say

• Does not authorize judicial review (Marbury v. Madison establishes it).
• Does not require the Supreme Court to hear every case appealed (certiorari system created by statute).
• Does not allow courts to rewrite laws.
• Does not give courts power to enforce orders — they rely on the Executive.
• Does not define “high crimes” or “misdemeanors” for impeachment.
• Does not create rights of appeal — Congress creates most appeals by statute.
• Does not grant courts jurisdiction over:
  • political questions
  • hypothetical disputes
  • internal congressional matters
  • purely state law issues (unless diversity or federal question exists)

6. Key Supreme Court Interpretations

A. Judicial Review

Marbury v. Madison (1803) – Courts can strike down unconstitutional laws.

B. Supreme Court can review state decisions

Martin v. Hunter’s Lessee (1816) – Cohens v. Virginia (1821) – Supreme Court may review state court judgments involving federal issues.

C. Original Jurisdiction cannot be changed

Marbury v. Madison – Congress cannot expand original jurisdiction.

D. Exceptions Clause

Ex parte McCardle (1869) – Congress may limit Supreme Court appellate jurisdiction.

E. No advisory opinions

Hayburn’s Case (1792) – Courts cannot issue non-binding opinions.

F. Jury trials

Apprendi v. New Jersey (2000) – Facts that increase punishment must be determined by a jury.

G. Diversity and Federal Question jurisdiction

Osborn v. Bank of the United States (1824) – Broad understanding of federal jurisdiction in cases “arising under” federal law.

7. Amendments That Affect This Section

✔ 11th Amendment

Limits federal courts from hearing cases where a state is sued by citizens of another state or foreign citizens.

✔ 6th Amendment

Elaborates on jury trial rights (speedy trial, counsel, confrontation).

✔ 7th Amendment

Provides jury trials in federal civil cases.

✔ 14th Amendment

Expands federal jurisdiction by creating federal questions involving:

• due process
• equal protection
• privileges or immunities

No amendment changes the Court’s original jurisdiction.

8. TREASON (Covered in Section 3 but conceptually tied here)

Article III, Section 2 leads directly to Section 3 — the only crime defined in the Constitution. We will cover that next.

9. Summary for TICRI

Article III, Section 2 defines the entire scope of federal judicial authority:

• The kinds of cases federal courts may hear
• Supreme Court original jurisdiction
• Supreme Court appellate jurisdiction
• Limits on court power
• The requirement for jury trials
• Federal jurisdiction over constitutional and interstate disputes

This section ensures that the judiciary:

• is limited
• is independent
• cannot act without cases
• cannot expand or shrink its own power without constitutional authority

It is the backbone of the rule of law in American government.

🇺🇸 ARTICLE III — SECTION 3

Full Text + Complete TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 3.

“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.

No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.”

2. Plain English

Treason is only two things:

1. Waging war against the United States.
2. Helping the enemies of the United States.

A person can only be convicted of treason if two witnesses saw the same act, or if the person confesses in open court.

Congress can set the punishment for treason, but it cannot punish the traitor’s family or take their property after the traitor dies.

3. Government Powers Created

✔ A. Defines Treason Narrowly

The federal government can only prosecute treason for:

• levying war against the U.S.
• adhering to enemies (providing aid & comfort)

This prevents the English monarchy’s abusive practice of labeling political opponents as “traitors.”

✔ B. Strict Evidence Requirements

To convict someone of treason, the government must have:

• two witnesses
• to the same overt act

OR

• a confession in open court

This is the highest evidentiary standard in U.S. law.

✔ C. Congress Sets Punishment

• Congress determines penalties (historically death or imprisonment).

✔ D. Prohibitions on Collective Punishment

Congress may NOT:

• punish the traitor’s family
• confiscate property after death
• impose “corruption of blood” (hereditary punishment)

This breaks from British traditions.

4. Government Restrictions / Limits

On Congress

• Cannot expand the definition of treason.
• Cannot enact “constructive treason” laws.
• Cannot punish family members.
• Cannot confiscate property beyond the traitor’s lifetime.
• Cannot eliminate the two-witness requirement.

On the Executive

• Cannot redefine treason.
• Cannot prosecute political opponents as “traitors.”
• Cannot convict without meeting strict evidence requirements.
• Cannot impose punishment without congressional authorization.

On Courts

• Must require “overt act” proof.
• Must require two witnesses to the same act.
• Cannot accept coerced confessions.
• Cannot infer treason from speech alone.
• Cannot expand or reinterpret treason beyond the text.

5. What It Does NOT Say

Does not allow treason charges for:

• criticism of the government

• political dissent

• unpopular speech

• disloyal opinions

• membership in radical groups (without overt act)

• Does not define “enemy” — this is determined by Congress/war law.

• Does not allow punishment of descendants.

• Does not allow retroactive treason laws.

• Does not allow treason prosecutions for:

  • espionage
  • sabotage
  • terrorism
  • leaking classified information

Those require separate statutes — they are not treason.

• Does not allow treason during peacetime unless:
  • war is declared
  • enemy exists

6. Key Supreme Court Interpretations

A. Ex parte Bollman (1807) – “Treason” requires actual levying of war, not conspiracy alone.

B. United States v. Burr (1807)

Aaron Burr’s case:

• Mere intent to levy war is not enough.
• Must be an overt act witnessed by two people.

C. Cramer v. United States (1945) – “Aid and comfort” requires more than friendly association. Witnesses must testify to the overt act, not intent.

D. Haupt v. United States (1947) – Aid to an enemy saboteur (own son) can constitute treason if overt acts are proven.

E. Kawakita v. United States (1952) – Dual citizenship does not protect against treason if one owes allegiance to the U.S.

F. Trop v. Dulles (1958) – Government cannot revoke citizenship as punishment for desertion (cruel & unusual).

7. Amendments That Affect This Section

None directly modify the Treason Clause.

However:

• 14th Amendment, Section 3 deals with insurrection as grounds for disqualification from office (separate from treason).
• 5th & 6th Amendments apply to treason cases (due process, jury trial).

The Treason Clause remains exactly as written in 1787.

8. Summary for TICRI

Article III, Section 3 intentionally makes treason the hardest crime to prosecute in the United States.

It ensures:

• the federal government cannot weaponize treason laws
• political opponents are protected
• dissent is not criminal
• evidence standards are extremely high
• collective punishment is forbidden
• treason remains limited to actual war or aiding actual enemies

This clause reflects the Framers’ fear of abusive government power and stands as one of the strongest constitutional protections for individual liberty.

🇺🇸 ARTICLE IV — FULL TEXT + COMPLETE TICRI BREAKDOWN

The States — Relations Between States, New States, Federal Guarantees

🇺🇸 SECTION 1 — FULL FAITH AND CREDIT

1. Exact Text (Verbatim)

“Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.”

2. Plain English

Every state must honor the legal records and court decisions of every other state. Congress can set rules for how those records must be recognized.

3. What It Does

Guarantees interstate recognition of:

• court judgments
• civil orders (custody, protection orders, damages)
• public records
• official documents

Congress can regulate the “proof and effect” of these records.

4. Limits

• States do not have to enforce each other’s criminal laws.
• States do not have to adopt other states’ public policies.
• States may reject judgments lacking jurisdiction.

5. Supreme Court Highlights

Mills v. Duryee (1813) — judgments are enforceable nationwide.

Baker v. GM (1998) — strong for judgments, weak for laws.

Williams v. NC (1942) — states may challenge jurisdiction.

6. Amendments

14th Amendment affects marriage/travel recognition.

No direct modification of the clause itself.

7. TICRI Summary

This clause prevents the U.S. from becoming 50 disconnected countries. It forces interstate legal continuity while preserving state autonomy.

🇺🇸 SECTION 2 — PRIVILEGES & IMMUNITIES, EXTRADITION, FUGITIVE SLAVES

1. Exact Text (Verbatim)

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

“A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.”

(Fugitive Slave Clause—now void) “No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.”

🇺🇸 Clause 1 — Privileges and Immunities

Plain English

States cannot discriminate against citizens of other states in fundamental rights.

What It Does

Protects interstate equality.

Prevents states from:

• denying access to courts
• denying ability to work
• discriminating in fundamental liberties

What It Does NOT Do

Does not prevent:

• in-state tuition differences
• hunting/fishing licenses
• professional licensing differences
• state taxes applying to nonresidents

Key Supreme Court Cases

Corfield v. Coryell (1823) — defines fundamental rights.

Saenz v. Roe (1999) — right to travel (14th Amendment).

McBurney v. Young (2013) — FOIA access not protected.

🇺🇸 Clause 2 — Extradition

Plain English

A person charged with a crime who flees to another state must be returned when requested.

What It Does

• Mandates cooperation between states on criminal fugitives.
• Governors must extradite (cannot refuse for political reasons).

Key Case

Puerto Rico v. Branstad (1987) — courts can force governors to extradite.

🇺🇸 Clause 3 — Fugitive Slave Clause (Abolished)

Plain English

Escaped enslaved people had to be returned. This clause became unconstitutional after the 13th Amendment.

Modern Status

• Void
• No legal force
• Included only for historical transparency

🇺🇸 SECTION 3 — NEW STATES, FEDERAL TERRITORIES

1. Exact Text (Verbatim)

“New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.”

“The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.”

🇺🇸 Clause 1 — New States

Plain English

Congress can admit new states. New states cannot be created from existing states unless both the affected state(s) and Congress agree.

What It Does

• Congress has exclusive authority to admit states.

Protects states from:

• being split
• being merged
• losing territory

Allows:

• Alaska, Hawaii
• Theoretical admission of territories (e.g., Puerto Rico)

What It Does NOT Do

• Does not require Congress to admit any territory.
• Does not allow unilateral secession.
• Does not allow states to break apart themselves.

🇺🇸 Clause 2 — Territories & Federal Property

Plain English

Congress controls federal territories and property. Congress decides their rules and management.

What It Does

Gives Congress complete power over:

• federal lands
• territories
• national parks
• military bases
• D.C. (before the 23rd Amendment & Article I rules)

Basis for:

• governing territories before statehood
• land management laws
• Bureau of Land Management authority

What It Does NOT Do

• Does not limit size of federal lands.
• Does not require territories to become states.
• Does not give territories voting representation in Congress.

🇺🇸 SECTION 4 — THE GUARANTEE CLAUSE

1. Exact Text (Verbatim)

“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”

🇺🇸 Guarantee Clause Breakdown

Plain English

The United States guarantees every state a republican government (representative, elected). The federal government must protect states from foreign invasion. The federal government may help states deal with internal violence if the state asks.

What It Does

✔ A. Guarantees Republican Government

States must have:

• elected leadership
• no monarchy
• no dictatorship
• no hereditary rule

✔ B. Guarantees Protection from Invasion

• The federal government must defend states.

✔ C. Protection from Domestic Violence

Federal intervention allowed when:

• the state legislature requests help, OR
• the governor requests help (if legislature cannot meet)

What It Does NOT Do

• Does not define “republican.”
• Does not allow federal intervention without request (except via other constitutional powers).
• Does not require federal aid if no request is made.
• Does not give citizens a right to sue under this clause.

Supreme Court Highlights

Luther v. Borden (1849) — Guarantee Clause is a political question — not enforceable in court.

Texas v. White (1869) — States cannot secede; they are guaranteed a republican government.

Pacific States Telephone (1912) — Guarantee Clause claims cannot be litigated.

Amendments Affecting This Section

None. The clause stands as originally written.

🇺🇸 TICRI SUMMARY — ARTICLE IV

Article IV defines the relationship among the states and between the states and the federal government:

Section 1 — Full Faith and Credit

• States must honor each other’s laws and judgments.

Section 2 — Privileges & Immunities, Extradition

• States cannot discriminate against citizens of other states; fugitives must be returned; the fugitive slave clause is now void.

Section 3 — New States & Territories

• Congress alone admits states and regulates federal territory.

Section 4 — Guarantee Clause

• The U.S. guarantees republic government and protects states from invasion and domestic violence.

🇺🇸 ARTICLE V — FULL TEXT + COMPLETE TICRI BREAKDOWN

The Amendment Process

1. Exact Text (Verbatim)

“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,

which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof,

as the one or the other Mode of Ratification may be proposed by the Congress;

Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article;

and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”

2. Plain English

The Constitution can be amended in two ways:

How Amendments Are Proposed

• Congress proposes an amendment when 2/3 of both houses approve it.
• States can force Congress to call a Convention if 2/3 of state legislatures request it.

How Amendments Are Ratified

An amendment becomes part of the Constitution when 3/4 of states approve it:

• either through state legislatures
• or through state conventions (Congress chooses the method)

Permanent Restrictions

• Before 1808, certain limits on Congress couldn’t be changed (historical only).
• No state can lose equal representation in the Senate without its consent.

3. Government Powers Created

✔ A. Power to Amend the Constitution

Gives the people, through Congress and state legislatures, the ability to change the Constitution in a controlled, lawful way.

✔ B. Two Methods of Proposal

Congressional Proposal

• 2/3 of House + 2/3 of Senate
• The method used for all 27 amendments so far.

Convention of States

• 2/3 of state legislatures apply
• Congress MUST call a convention
• Convention can ONLY propose amendments
• States must still ratify by 3/4

✔ C. Two Methods of Ratification

Congress chooses:

• State legislatures (used 26 times)
• State conventions (used once: 21st Amendment repealing Prohibition)

✔ D. Protects Equal State Representation in the Senate

No amendment can:

• take away a state’s 2 Senators
• or reduce a state’s Senate power

unless the state itself agrees

This is the Constitution’s only unamendable clause.

4. Government Restrictions / Limits

Limits on Congress

• Cannot block a state-called convention if 2/3 apply.
• Cannot require national referendums.
• Cannot ratify amendments alone.
• Cannot change Senate equality.

Limits on States

• Cannot unilaterally amend.
• Cannot bypass Congress (Congress must call the convention).
• Cannot lose Senate representation without consenting.

Limits on Convention of States

• Cannot unilaterally enact amendments.
• Cannot act outside proposing authority.
• Ratification still requires 3/4 of states.

Limits on Amendments Themselves

Only one permanent modern restriction:

• equal Senate voting cannot be removed without state consent

5. What It Does NOT Say

• Does not limit what issues may be amended.
• Does not allow Presidents any role in the amendment process.
• Does not require the Supreme Court to approve amendments.
• Does not permit national popular vote amendments.
• Does not limit the number of amendments a convention can propose.
• Does not allow a convention to rewrite the entire Constitution without ratification.
• Does not detail how a convention operates — states determine that.

It is intentionally flexible.

6. Key Supreme Court Interpretations

Hawke v. Smith (1920) – States cannot use state referendums to override their legislatures’ role in ratification.

U.S. v. Sprague (1931) – Congress decides ratification method for each amendment.

Dillon v. Gloss (1921) – Congress may set reasonable time limits on ratification.

Coleman v. Miller (1939) – Ratification timing can be a political question for Congress.

Rhode Island v. Massachusetts (1846) – States cannot use Article V to sue each other over amendment procedures.

7. Amendments Affecting Article V

None.

Article V has never been modified.

Both amendment processes — Congressional and state convention — remain fully valid.

8. TICRI Summary — Article V

Article V creates the constitutional mechanism for the American people — acting through their states — to change the Constitution peacefully and lawfully.

It provides:

Two ways to propose amendments

• Congress (2/3)
• State legislatures calling a Convention (2/3)

Two ways to ratify

• State legislatures (3/4)
• State conventions (3/4)

One unchangeable rule

• No state can lose equal representation in the Senate without its consent.

Article V is the ultimate expression of popular sovereignty, federalism, and constitutional flexibility.

🇺🇸 ARTICLE VI — FULL TEXT + COMPLETE TICRI BREAKDOWN

Debts, Supremacy Clause, Oaths — The Binding Legal Structure of the Union

1. Exact Text (Verbatim)

“All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.”

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

SECTION-BY-SECTION BREAKDOWN

🇺🇸 Clause 1 — Validity of Debts

2. Plain English

All debts and agreements the U.S. had before the Constitution was adopted remain valid under the new government.

3. What It Does

• Ensures continuity between the Articles of Confederation and the Constitution.
• Maintains the creditworthiness of the U.S.
• Prevents default on wartime loans (Revolutionary War).

4. Limits

• Applies only to pre-Constitution debts.
• Does not create new borrowing authority (Article I, Section 8 handles that).

5. What It Does NOT Say

• Does not give Congress unlimited borrowing power.
• Does not create a perpetual debt obligation.
• Does not address state debts.

6. Supreme Court Notes

Not heavily litigated — historically accepted as foundational.

🇺🇸 Clause 2 — THE SUPREMACY CLAUSE

“This Constitution… shall be the supreme Law of the Land.”

This is one of the most important lines in the entire Constitution.

2. Plain English

The U.S. Constitution, federal laws made according to it, and treaties are the highest law in the country. State judges must follow federal law, even if state laws or constitutions conflict.

3. What It Does

• Makes the Constitution the ultimate legal authority.
• Makes federal law supreme over state law only if federal law is constitutional.
• Makes treaties supreme federal law.
• Binds all state judges to apply federal law over state law.
• Prevents states from nullifying federal law.

4. Limits

Federal law is supreme only when:

• It is made in pursuance of the Constitution (i.e., constitutional),
• It does not exceed Congress’s enumerated powers.

Federal law is not supreme if:

• It violates the Constitution,
• It exceeds enumerated powers,
• It violates rights in the Bill of Rights or amendments.

5. What It Does NOT Say

• Does NOT give the federal government unlimited power.
• Does NOT say all federal laws are automatically valid.
• Does NOT eliminate state sovereignty.
• Does NOT make federal agencies supreme — only the Constitution, laws made pursuant to it, and treaties.
• Does NOT authorize federal courts to rewrite state law.
• Does NOT allow federal law to override constitutional amendments.

6. Supreme Court Interpretations

McCulloch v. Maryland (1819) – States may not tax federal institutions — federal law is supreme when constitutional.

Gibbons v. Ogden (1824) – Federal law overrides conflicting state law in interstate commerce.

Cooper v. Aaron (1958) – States cannot nullify or resist Supreme Court rulings.

Printz v. United States (1997) – Supremacy does not allow the federal government to commandeer state officials.

🇺🇸 Clause 3 — Oaths, and the Ban on Religious Tests

2. Plain English

All federal and state government officials must promise to support the Constitution. No one can be required to follow a religion or pass a religious test to hold public office.

3. What It Does

✔ Oath Requirement

Requires every:

• Congressman
• Federal judge
• Executive official
• State judge
• State legislator
• State executive official

to support the Constitution.

✔ No Religious Test Clause

• Government cannot require a religion-based qualification.
• Applies to all offices, federal and state.
• Ensures separation of church and state regarding qualifications.

4. Limits

On Government:

Cannot impose:

• religious oaths
• doctrinal requirements
• denominational restrictions

Cannot require belief in God as a qualification for office (multiple state constitutions once tried this — now unenforceable).

On Officials:

• They must uphold the Constitution — the oath is binding.

5. What It Does NOT Say

• Does NOT prohibit religious individuals from holding office.
• Does NOT ban religious expression by officials.
• Does NOT limit personal faith.
• Does NOT prevent states from requiring secular oaths of office.

6. Supreme Court Cases

Torcaso v. Watkins (1961) – States cannot require belief in God to hold public office.

Town of Greece v. Galloway (2014) – Officials may pray voluntarily — but cannot impose religious requirements.

🇺🇸 TICRI SUMMARY — ARTICLE VI

Article VI cements the legal structure of the United States:

✔ Continuity of national debt

• Honors obligations from before the Constitution, preserving national credit.

✔ Supremacy Clause (the backbone of federal law)

• Federal laws and treaties are supreme only if constitutional.
• State laws cannot override them.

✔ Binding oath

• Every government official — state and federal — must uphold the Constitution.

✔ No religious tests

• The U.S. government cannot require religious belief as a condition of public service.

Article VI guarantees national unity under a single constitutional framework while preserving state governments and preventing federal overreach beyond the Constitution.

🇺🇸 ARTICLE VII — FULL TEXT + COMPLETE TICRI BREAKDOWN

Ratification of the Constitution

1. Exact Text (Verbatim)

“The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

2. Plain English

Once nine states approved the Constitution through state conventions, it would go into effect for those states. States that did not ratify would not be part of the new government until they chose to ratify.

3. Government Powers Created

Strictly speaking, Article VII is not about “government powers”; it is about transitioning from the Articles of Confederation to the Constitution.

It creates:

✔ A Legal Pathway for Ratification

• The Constitution becomes valid when 9 out of 13 states ratify.

✔ State Ratifying Conventions

• Ratification was done by the people through specially elected delegates, not by state legislatures.
• This method legitimized the Constitution as an act of popular sovereignty.

✔ A New Legal Order

• Once ratified by 9 states, the old government under the Articles of Confederation ended for those states.

✔ Optional Entry for Remaining States

• States could ratify later and join the Union voluntarily, preserving state sovereignty during transition.

4. Government Restrictions / Limits

Article VII:

• Does not allow Congress to ratify the Constitution.
• Does not require unanimous consent (the Articles required unanimity).
• Does not bind states that do not ratify (at least not initially).
• Does not allow amendments without Article V once ratified.

5. What It Does NOT Say

• Does NOT give Congress authority to approve or reject the Constitution.
• Does NOT require state legislatures to ratify (they were intentionally bypassed).
• Does NOT require a national referendum.
• Does NOT define how to amend the Constitution — Article V does that.
• Does NOT create any continuing government powers.
• Does NOT specify how new states after the original 13 would ratify (handled under Article IV and admission laws).

6. Historical Context (Essential for TICRI)

✔ The Articles of Confederation required all 13 states to amend.

• The Framers intentionally rejected this rule.

✔ The Constitution was ratified by conventions of the people.

• This transformed the United States from a confederation into a federal republic.

✔ Ratification Timeline:

• Delaware — 1st
• Pennsylvania — 2nd
• New Jersey — 3rd
• Georgia — 4th
• Connecticut — 5th
• Massachusetts — 6th
• Maryland — 7th
• South Carolina — 8th
• New Hampshire — 9th (the required state)

✔ After the 9th state ratified:

The Constitution became operational, even though:

• New York
• Virginia
• North Carolina
• Rhode Island

had NOT yet ratified.

They eventually did.

7. Supreme Court Interpretations

Article VII is historical and transitional; courts rarely cite it, but it underpins doctrine such as:

Texas v. White (1869) – States cannot un-ratify or secede.

McCulloch v. Maryland (1819) – The Constitution derives its authority from the people, not from the states acting as governments.

8. Amendments Affecting Article VII

None.

Article VII remains exactly as written and now functions as a historical closing clause.

🇺🇸 TICRI SUMMARY — ARTICLE VII

Article VII explains how the United States Constitution became valid:

• Ratification required 9 of 13 states
• Ratification was done by the people, not state governments
• Once ratified by 9 states, the Constitution became binding for them
• Remaining states could join voluntarily
• This completed the transformation from a loose confederation to a federal constitutional republic

It is the Constitutional “final page,” marking the legal birth of the United States government as it exists today.

Article II: The Executive Branch

The President executes and enforces federal laws.

Powers Granted

• Serve as Commander-in-Chief of armed forces
• Grant pardons for federal offenses
• Make treaties (with Senate approval)
• Nominate federal judges and executive officers (with Senate confirmation)
• Ensure laws are faithfully executed
• Convene Congress in special sessions

Limits

• Cannot make laws (only execute them)
• Cannot declare war (only Congress can)
• Treaties require 2/3 Senate approval
• Key appointments require Senate confirmation
• Subject to impeachment for “high crimes and misdemeanors”

Term

• 4-year terms, originally unlimited (now limited to 2 terms by 22nd Amendment)
• Elected through Electoral College system

Article III: The Judicial Branch

Federal courts interpret laws and resolve disputes under federal law.

Powers Granted

• Decide cases arising under federal law, the Constitution, and treaties
• Resolve disputes between states
• Handle cases involving foreign ambassadors
• Exercise judicial review (established by precedent in Marbury v. Madison)

Structure

• Supreme Court: Highest court, justices serve for life during “good behavior”
• Lower federal courts: Created by Congress as needed
• Trial by jury: Guaranteed for criminal cases

Limits

• Can only decide actual cases and controversies (not hypotheticals)
• Cannot issue advisory opinions
• Judges can be impeached for misconduct

Article IV: Relations Between States

Federalism — how states interact with each other and the federal government.

Key Principles

• Full Faith and Credit: States must respect each other’s laws, court decisions, and public records
• Privileges and Immunities: Citizens have the same basic rights in all states
• Extradition: States must return fugitives to the state where they committed crimes
• Republican Government: Federal government guarantees each state a republican form of government
• New States: Congress can admit new states (but cannot create states from existing states without consent)

Article V: The Amendment Process

How to change the Constitution — deliberately difficult to ensure stability.

Two Methods to Propose Amendments

1. Congressional Route: 2/3 vote in both House and Senate
2. Convention Route: 2/3 of state legislatures call for a constitutional convention

Two Methods to Ratify Amendments

1. State Legislature Route: 3/4 of state legislatures approve
2. State Convention Route: 3/4 of state conventions approve

Limits

• No amendment can deny any state equal representation in the Senate without that state’s consent
• Before 1808, no amendment could affect the slave trade

Article VI: Federal Supremacy

The Supreme Law of the Land — federal law trumps conflicting state law.

Key Principles

• Supremacy Clause: Constitution, federal laws, and treaties are supreme over state law
• Oath of Office: All federal and state officials must swear to support the Constitution
• No Religious Test: No religious requirement for federal office
• Debt Assumption: The new government assumed debts from the Articles of Confederation

Article VII: Ratification

How the Constitution became law — replaced the Articles of Confederation.

Requirements

• 9 of the 13 states had to ratify the Constitution for it to take effect
• State conventions (not legislatures) would decide ratification
• Once ratified among 9 states, the new government would begin operating among those states

Historical Note

• Ratification completed when New Hampshire became the 9th state (June 21, 1788)
• Virginia and New York ratified soon after, ensuring the new nation’s viability
• North Carolina and Rhode Island joined later (1789 and 1790)

Why This Structure Matters

Separation of Powers

Each branch has distinct functions to prevent concentration of power:

• Legislative: Makes laws
• Executive: Enforces laws
• Judicial: Interprets laws

Checks and Balances

Each branch can limit the others:

• Congress can impeach presidents and judges, control funding, override vetoes
• President can veto laws, nominate judges, grant pardons
• Courts can declare laws or executive actions unconstitutional

Federalism

Power is divided between national and state governments:

• Federal powers: Defense, foreign policy, interstate commerce, currency
• State powers: Education, local law enforcement, family law, most criminal law
• Shared powers: Taxation, transportation, public welfare

Understanding the Framework

The Articles create a system where:

1. Power is limited — each branch and level of government has specific roles
2. Power is balanced — no single institution can dominate
3. Change is possible — but requires broad consensus through the amendment process
4. States retain significance — federalism preserves local self-government

This structure has proven remarkably durable, providing stability while allowing for adaptation through amendments, legislation, and judicial interpretation over more than 235 years.

Further Reading

• The Constitution’s full text
• Constitutional Amendments
• Federalism explained
• Separation of powers cases
• How federal and state powers interact