Eleanor Finch
The United States Constitution is divided into seven articles, each further divided into sections. Article I establishes the legislative branch of government, Article II the executive branch, and Article III the judicial branch. The first three articles establish the three branches of government and their powers, with a system of checks and balances to prevent any one branch from becoming dominant. Articles four through seven describe the relationship between the states and the federal government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Topics covered by the Articles | Legislative branch of government, Executive branch of government, Judicial branch of government, Relationship between the states, Procedure for amending the Constitution, Declaration of the Constitution as the supreme law of the land, and Ratification processes |
| Article I, Section 1 | Assigns responsibility for making laws to the Legislative Branch (Congress) |
| Article I, Section 2 | Describes how congressional districts are to be divided among the states |
| Article II, Section 1 | Explains who should become president if the president dies, resigns, or is removed from office |
| Article III, Section 3 | Defines treason and the conditions under which a person can be convicted of treason |
| Article V | Explains the amendment process |
| Article VI | Declares Federal law as supreme over state and local laws |
| Article VII | Describes the ratification process for the Constitution |
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What You'll Learn
Legislative branch
The Legislative Branch, also known as Congress, is one of the three branches of the US government. It is made up of the House of Representatives and the Senate. The House of Representatives is composed of members chosen every second year by the people of the several states, with each state's electors needing to meet certain qualifications. These qualifications are the same as those for electors of the most numerous branch of the state legislature.
The Legislative Branch has many powers, including the ability to make all laws, declare war, regulate interstate and foreign commerce, and control taxing and spending policies. It can also propose amendments to the Constitution, or call a convention for proposing amendments, with the ratification of three-fourths of the several states.
The Legislative Branch has the power to define and punish piracies and felonies committed on the high seas, as well as offences against the Law of Nations. It can also raise and support armies, but no appropriation of money for this use can be for longer than two years. The branch can also call forth the militia to execute the laws of the union, suppress insurrections, and repel invasions.
The Legislative Branch can determine the rules of its proceedings and punish its members for disorderly behaviour. It can also expel a member with the concurrence of two-thirds. Each house is the judge of the elections, returns, and qualifications of its members, and a majority of each shall constitute a quorum to do business.
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Executive branch
The Executive Branch of the US government is one of three branches, the other two being the legislative and judicial branches. The Executive Branch is led by the President, who is both the head of state and head of government. The President is Commander-in-Chief of the armed forces and is responsible for executing and enforcing the laws created by Congress.
The President is elected and limited to two four-year terms, although prior to the 22nd Amendment in 1951, there was no term limit. To take office, the President must be a natural-born citizen, at least 35 years old, and have been a resident of the US for at least 14 years. Before assuming office, the President must take an oath to "preserve, protect and defend the Constitution of the United States."
The President has the power to issue executive orders, negotiate and sign treaties (with the ratification of the Senate), and grant pardons for federal crimes (except in cases of impeachment). They also appoint heads of federal agencies, ambassadors, and high court judges, although these appointments require Senate confirmation. The President works with fifteen executive departments, each led by a member of the President's Cabinet, and other agencies such as the CIA and the Environmental Protection Agency.
The Vice President is part of the Executive Branch and serves as the President of the Senate, casting a vote in the case of a tie. The Vice President's primary responsibility is to be ready to assume the Presidency if needed.
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Judicial branch
Article III of the US Constitution establishes the federal judiciary, which consists of the Supreme Court and inferior or lower federal courts. The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It also has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. This power is essential in ensuring that each branch of the government recognizes the limits of its power.
The Constitution permits Congress to decide how to organize the Supreme Court and the lower federal court system. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of ten. Today, there is one Chief Justice and eight Associate Justices.
The Judges of the Supreme and inferior Courts hold their offices during good behavior and receive compensation at stated times, which cannot be diminished during their continuance in office. The judicial power extends to all cases in law and equity arising under the Constitution, the laws of the United States, and treaties made under their authority. It also covers cases involving ambassadors, public ministers, and consuls, as well as admiralty and maritime jurisdiction.
The Trial of all crimes, except in cases of impeachment, shall be by jury, and such trials shall generally be held in the state where the crimes were committed. Treason against the United States is specifically defined in Article III and requires the testimony of two witnesses to the same overt act or a confession in open court for a conviction. Congress has the power to declare the punishment for treason.
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Relationship between states
The United States Constitution, ratified on June 21, 1788, outlines the relationship between the states and the federal government in Sections 3 and 4 of Article IV, also known as the Guarantee Clause.
Section 3 grants Congress the power to admit new states into the union and to govern federal territories and property. This section establishes the authority of the federal government in managing its territories and determining the admission of new states, ensuring a cohesive and well-defined national fabric.
Section 4 of Article IV outlines the United States' commitment to safeguarding the states against both foreign invasion and domestic insurrection. This clause ensures that each state can maintain stability and security, with the federal government playing a pivotal role in protecting the states from external and internal threats.
Additionally, Section 4 guarantees that each state will have a ""Republican Form of Government." This provision ensures that the states adhere to democratic principles and uphold the ideals of representative government, which are fundamental to the American political system.
The relationship between the states and the federal government, as outlined in Article IV, is further nuanced by the powers vested in the President of the United States. The President, as the Commander-in-Chief of the Army, Navy, and Militia of the several states, has the authority to call upon their services when necessary for the nation's defence. This aspect underscores the collaborative defence structure between the states and the federal government, with the President holding significant decision-making power in times of crisis.
Amendments to the Constitution can also impact the relationship between the states. The process of proposing amendments involves either a proposal by Congress or an application by the legislatures of two-thirds of the states. This dynamic highlights the interplay between state and federal authorities in shaping the nation's governing document, with the understanding that no state can be deprived of its equal suffrage in the Senate without its consent.
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Amendments and supreme law
The US Constitution, signed on September 17, 1787, and ratified on June 21, 1788, consists of seven articles that make up its structural constitution.
Article V of the Constitution outlines the process for proposing and ratifying amendments. Amendments to the Constitution can be proposed by a two-thirds vote of both houses of Congress or by a convention called at the request of two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by either the legislatures of three-fourths of the states or by conventions in three-fourths of the states, depending on the mode of ratification chosen by Congress.
The first ten amendments to the Constitution, collectively known as the Bill of Rights, were ratified on December 15, 1791. These amendments protect various individual freedoms and rights, such as freedom of speech, religion, and assembly, the right to keep and bear arms, and protections against unreasonable searches and seizures.
Since the Bill of Rights, there have been 17 additional amendments, bringing the total number of amendments to 27. These amendments address a range of issues, including the abolition of slavery, the establishment of voting rights, and the process of presidential succession.
The Constitution is the supreme law of the land, and all legislative powers granted within it are vested in the Congress of the United States, consisting of the Senate and the House of Representatives. The Constitution outlines the powers and responsibilities of the President, who is the Commander-in-Chief of the Army, Navy, and Militia of the United States. It also establishes the federal government's role in providing for the common defence, promoting the general welfare, and securing the blessings of liberty for its citizens.
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Frequently asked questions
The Constitution is divided into seven articles, with each article further divided into sections.
The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system).
Article I, Section 1 states that the federal government's power is limited to what is written in the Constitution. It also requires that Congress be bicameral, meaning divided into two houses: the Senate and the House of Representatives.
