Omar Bennett
The US Constitution is a living document that acts as the framework for the US federal government democratic republic. It outlines the US judicial system and divides the federal government into three branches: legislative, executive, and judicial. This system of checks and balances prevents any one branch from becoming dominant. The Constitution also establishes the relationship between the states and the federal government, with federal law taking precedence over state and local laws. It is the supreme law of the land, with the power to adapt to changing conditions.
| Characteristics | Values |
|---|---|
| Judicial Power | Vested in federal courts, with the authority to interpret and apply the law to a particular case, as well as the power to punish, sentence, and direct future action to resolve conflicts |
| Federal System | Establishes a federal democratic republic, with the Federal Government being the supreme law of the land |
| Separation of Powers | Divides the federal government into three branches: legislative, executive, and judicial, with a system of checks and balances to prevent any one branch from becoming dominant |
| Flexibility | Allows for changes in the government and can be amended, although in over 200 years, there have only been 27 amendments |
| Judicial Review | The Supreme Court has the power of judicial review over the actions of Congress and the executive branch, although this is not expressly authorized in the Constitution |
| State Powers | States have the authority to create and enforce their own laws while also respecting and helping to enforce the laws of other states |
| Federal Law Supremacy | Federal law is supreme to state and local laws, and federal courts have jurisdiction over actions by government officers and state laws |
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What You'll Learn
A system of checks and balances
The US Constitution divides the government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no one branch becomes too powerful and that each branch has specific powers to check the others.
The legislative branch, which includes Congress, the House of Representatives, and the Senate, is responsible for creating laws. The executive branch, which includes the President, their cabinet, and federal agencies, has the power to veto laws passed by the legislative branch. The judicial branch, which includes the Supreme Court and lower courts, interprets the laws and can declare them unconstitutional.
The system of checks and balances also includes the power to appoint or remove members from other branches. For example, the President appoints members of the Supreme Court with the consent of the Senate, and Congress can impeach members of the executive and judicial branches.
The people of the United States also have powers that allow them to check the Federal government. They can bar a constitutional amendment by Congress if three-quarters of the states refuse to ratify it. Additionally, they can vote for their Representatives every two years and their Senators every six years, indirectly influencing the composition of the Judicial branch.
The system of checks and balances in the US government has been tested throughout history, such as during a constitutional crisis averted in the Court, and when the War Powers Act was passed by Congress in 1973, overriding President Nixon's veto.
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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, also known as Congress, is made up of the Senate and the House of Representatives. It is responsible for making laws, declaring war, regulating interstate and foreign commerce, and controlling taxing and spending policies. It also has the power to approve presidential nominations, control the budget, and impeach the President.
The executive branch is headed by the President, who is the Commander-in-Chief of the US armed forces. This branch includes executive departments, independent agencies, and other boards, commissions, and committees. It is responsible for enforcing the laws created by the legislative branch. The President can veto laws passed by Congress, but Congress can override this veto with enough votes. The President also nominates the heads of federal agencies and high court appointees, who are then confirmed or rejected by Congress.
The judicial branch includes the Supreme Court and other federal courts. It interprets laws and determines whether laws or acts of the other branches are constitutional. The Justices of the Supreme Court are nominated by the President and confirmed by the Senate. While the President can change the direction of the federal courts through the power of appointment, Congress can check the decisions of the Supreme Court by passing amendments to the Constitution.
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The judicial system
The US Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government, alongside the legislative and executive branches. The judicial branch operates within a constitutional system of "checks and balances", which ensures that no single branch of government accumulates excessive power.
Article III of the Constitution establishes the federal judiciary, providing for a Supreme Court and allowing Congress to create inferior courts as needed. The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has the power of judicial review, which allows it to decide the constitutionality of federal laws and ensure that each branch of government recognises the limits of its power. The Court also protects civil rights and liberties by striking down laws that violate the Constitution.
The Judiciary Act of 1789 was a significant milestone in the history of the US judicial system. This Act established the structure and jurisdiction of the federal judiciary, creating a Supreme Court with six justices, thirteen district courts, and three circuit courts. Congress has the power to alter the number of seats on the Supreme Court, and over the years, the Court has had between five and ten justices. Since the Civil War, the number has been fixed at nine, including the Chief Justice.
The federal court system has three main levels: district courts, which are the trial courts; circuit courts, which are the first level of appeal; and the Supreme Court, which is the final level of appeal in the federal system. The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve points of constitutional or federal law.
The justices of the Supreme Court, like other federal judges, are appointed by the President and confirmed by the Senate for a life term. These restrictions are meant to protect the independence of the judiciary from political branches of government.
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The amendment process
The process of amending the US Constitution is intentionally difficult, as the framers intended for the document to "endure for ages to come". The Constitution has been amended only 27 times since 1787, and none of these amendments have been proposed by a constitutional convention.
Amendments can be proposed either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. The President does not have a constitutional role in the amendment process.
Once an amendment is proposed, it is forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format, as well as assembling an information package for the states.
An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). The OFR then drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been completed.
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Federal law is supreme
The Supremacy Clause is a cornerstone of the United States' federal political structure. It establishes the priority of federal authority and the Constitution as the supreme law of the land. This means that federal laws and the Constitution take precedence over conflicting state laws. The Supremacy Clause ensures that federal statutes, the Constitution, and treaties made under the authority of the United States are the supreme Law of the Land, binding judges in every state.
The Supremacy Clause does not grant Congress additional powers but addresses the legal status of the laws that the Constitution empowers Congress to make. It clarifies that federal laws are supreme over state laws, and judges must follow federal statutes, even if state laws or constitutions conflict. This principle, known as federal preemption, applies to conflicting laws from legislatures, courts, administrative agencies, or constitutions. For example, the Voting Rights Act of 1965, a federal law, takes precedence over state constitutions.
The Supreme Court plays a crucial role in interpreting and enforcing the Supremacy Clause. It has the power of judicial review, which allows it to determine the constitutionality of laws and ensure that government branches recognize their limits. The Court has ruled that Congress cannot pass laws contrary to the Constitution and that the Supremacy Clause gives it the final say in matters involving federal law and constitutional interpretation.
The Supremacy Clause does not specify the scope of federal powers or provide clear guidance on when federal authority should override state law. This has led to ongoing debates about the balance of power between the federal government and the states, with scholars and jurists interpreting the clause differently.
The Supremacy Clause, by prioritizing federal law, ensures national unity and consistency in key areas while allowing states to retain some autonomy. It strikes a balance between creating a strong federal government and safeguarding individual liberties, reflecting the Constitution's aim to empower the government while protecting citizens' fundamental rights.
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Frequently asked questions
The US Constitution is a "living" document that can be amended. The third part of the Constitution, the Amendments, lists changes to the Constitution, with the first 10 being called the Bill of Rights. Amendments are different and more difficult to pass than the process for making laws.
The US Constitution divides the federal government into three branches: legislative, executive, and judicial. This system of checks and balances prevents any one of these separate powers from becoming dominant.
The US Constitution is the supreme law of the land, with federal law taking precedence over state and local laws. The federal court system interprets and applies the law to specific cases, with the power to punish, sentence, and direct future action to resolve conflicts.
The US Constitution is flexible and allows for changes in the government. It serves as a framework for the US government, outlining its structure and operation, while also providing for amendment and ratification processes.
The US Constitution establishes a federal system that respects states' rights to create and enforce their own laws. It outlines the relationship between the states and the federal government, with Congress able to pass federal laws regarding how states honor other states' laws.
