Simone Lawson
The Constitution of the United States is the foundation of the country's federal government and is considered the supreme law of the land. The document, dated September 17, 1787, outlines the purpose of the federal government and how it operates. It establishes the three branches of government: the legislative (Congress), executive (office of the President), and judicial (Federal court system). The Constitution also describes the relationship between the states and the federal government, with Article IV outlining states' powers in relation to each other and Article VI stating that federal law takes precedence over state and local laws. The document provides a system of checks and balances to prevent any one branch from becoming dominant and includes a process for amending the Constitution. The Constitution has been amended 27 times in over 200 years, demonstrating its flexibility and ability to adapt to changes in the government.
| Characteristics | Values |
|---|---|
| Purpose | To establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty. |
| Federalism | The federal government is a government of limited powers, with the power to provide for the common defense and protect the free flow of commerce between states. |
| Federal Court System | Federal judges are appointed for life and the Supreme Court decides Constitutional issues of state law on a case-by-case basis. |
| Federal Law | Federal law is supreme over state and local laws. |
| Ratification | The Constitution was ratified by nine states, a two-thirds majority. |
| Amendments | The Constitution can be amended, and there have been 27 amendments in over 200 years. |
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What You'll Learn
The preamble and its purpose
The Preamble to the US Constitution is an important 52-word paragraph that introduces the intentions and purposes of the document. It is not the law itself, but it sets the stage for the Constitution, providing an introduction to the highest law of the land.
The Preamble proclaims that "We the People of the United States" are adopting this Constitution, indicating a unified nation rather than a collection of sovereign states. It describes the reasons for adopting the Constitution, including the desire to "form a more perfect Union", "establish Justice", "insure domestic Tranquility", "provide for the common defence", "promote the general Welfare", and "secure the Blessings of Liberty to ourselves and our Posterity". These basic principles outline the aspirations of "We the People" for their government and way of life as a nation.
The Preamble does not define government powers or individual rights, and it is not the source of any substantive power conferred on the government. Instead, it provides a framework for understanding and interpreting the specific powers listed in the articles of the Constitution. It guides the interpretation of the Constitution by outlining the basic constitutional values that should be considered.
The Preamble to the Constitution is significant because it communicates the intentions of the framers and sets the tone for the entire document. It reflects the idea of written constitutionalism, which was considered a distinctively American innovation by the framing generation. The Preamble's statements of purpose assist in interpreting the Constitution in a manner that remains faithful to its original purposes.
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The three branches of government
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power.
The legislative branch is made up of the House and the Senate, known collectively as Congress. Congress makes the laws of the nation, declares war, regulates interstate and foreign commerce, and controls taxing and spending policies.
The executive branch is responsible for enforcing the laws of the land. It includes the President, who is the commander-in-chief of the armed forces, the vice president, the Cabinet, and various departments and agencies.
The judicial branch includes the Supreme Court and other federal courts. The Supreme Court is the highest court in the country and its nine justices interpret laws according to the Constitution. The federal judiciary also includes lower courts located in each state to hear cases involving federal issues. The judicial branch can overturn unconstitutional laws, serving as another check on the power of the other branches.
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Federalism and the scope of federal power
The Constitution of the United States is the foundation of the federal government and is often called the "supreme law of the land". It is made up of a preamble and seven articles that outline the structure and operation of the government. The first three articles establish the three branches of government and their powers: the Legislative (Congress), Executive (Office of the President), and Judicial (Federal Court System).
Article I assigns the responsibility for making laws to the Legislative Branch (Congress). Congress is divided into two parts: the House of Representatives and the Senate. The preamble, while not the law itself, sets the stage for the Constitution and communicates the intentions of its framers. It outlines the purpose of the document and the federal government, which is to "establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity".
Articles four through seven describe the relationship of the states to the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes. Article IV outlines the states' powers in relation to each other. States can create and enforce their own laws, but they must also respect and help enforce the laws of other states. Article VI states that federal law takes precedence over state and local laws. Article V explains the amendment process, which requires a two-thirds majority vote in both the Senate and the House of Representatives, followed by a vote in the state legislatures.
Federalism has evolved since the founding of the country and federal-state relations have always been contested. The Rehnquist and Roberts Courts have offered two types of federalism decisions to limit federal power. Some start with the states, marking where Congress's power ends by identifying where state power begins. The federal government is intended to be one of limited powers, but in practice, it has the ability to regulate almost everything the states can. This has led to a dilemma for judges, who must balance the scope of federal and state powers.
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The judicial branch and the court system
The US Constitution outlines a federal system of government with three branches: the legislative, executive, and judicial branches. This system is designed to balance power so that no one branch becomes too powerful. The judicial branch, in particular, plays a crucial role in interpreting and upholding the law, ensuring justice, and safeguarding individual rights.
Article III of the Constitution establishes the Judicial Branch, which includes the Supreme Court and lower federal courts. The Supreme Court, composed of nine justices, is the highest court in the US and has the final say on legal matters. The current composition of nine justices, including one Chief Justice and eight Associate Justices, has been in place since 1869. The Chief Justice is responsible for assigning other justices to write opinions and decisions for the Court. The Supreme Court usually hears oral arguments before issuing a ruling, and its decisions are binding on inferior courts.
Below the Supreme Court are the 13 appellate courts or US courts of appeals. These courts review decisions made by lower courts and determine whether the law was correctly applied in the trial court or federal administrative agency. If a case involves the federal government, the Solicitor General of the United States presents arguments on its behalf.
The lowest courts in the federal system are the 94 district or trial courts, also known as US district courts. These courts handle most federal cases and resolve disputes by determining the facts and applying the relevant laws. Bankruptcy courts, which help individuals and businesses unable to pay their debts, are also part of this level of the court system.
The judicial branch has the authority to decide the constitutionality of laws and resolve cases involving federal laws. Federal courts have the sole power to interpret the law and apply it to specific cases. This power dynamic between the federal and state governments is a key aspect of federalism in the US constitutional order. While the federal government is meant to have limited powers, the interconnectedness of the modern system has allowed it to regulate many areas that were once solely under state jurisdiction.
The judicial system, with its checks and balances, ensures that citizens' rights are protected and that laws are applied fairly to everyone. The right to a fair trial before an impartial judge and jury is guaranteed by the Constitution, specifically Article III, and further protected by the Fourth, Fifth, and Sixth Amendments.
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The ratification process
Initially, the plan was to amend the Articles of Confederation, which served as a treaty among sovereign states. However, the final outcome was the proposal of a completely new form of government. The Articles of Confederation required unanimous approval from all the states, but the new Constitution bypassed this, calling for a two-thirds majority.
The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. On June 21, 1788, New Hampshire became the ninth state to ratify, making the Constitution the official framework of the U.S. government. The remaining four states eventually ratified the Constitution, with Rhode Island being the last to approve it on May 29, 1790.
The process of ratification was not without opposition. Some states objected to the Constitution, arguing that it did not adequately protect certain rights, such as freedom of speech, religion, and the press. The Massachusetts Compromise, reached in February 1788, addressed these concerns, stipulating that amendments would be proposed to form what became the Bill of Rights.
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Frequently asked questions
The Constitution outlines the purpose of the Federal Government and acts as the foundation of the U.S. Federal Government. It is the highest law of the land and outlines the structure and function of the government.
The Constitution is founded on three main principles: inherent rights, establish justice, and insure domestic tranquility. It also provides for the common defense, promotes general welfare, and secures liberty.
The Constitution outlines the federal system through its seven articles. Articles I-III establish the three branches of government: legislative, executive, and judicial. Articles IV-VII describe the relationship of the states to the Federal Government, with Article IV specifically outlining states' powers in relation to each other.
The Supreme Court interprets and applies the law to specific cases, deciding on Constitutional issues of state law on a case-by-case basis. It also has the power to punish, sentence, and direct future action to resolve conflicts.
