Omar Bennett
The US Constitution is a living document that can be amended and is often referred to as the supreme law of the land. It is divided into three parts: the Preamble, which describes the purpose of the document and the Federal Government; the seven Articles, which establish how the Government is structured and how the Constitution can be changed; and the Amendments, which list 27 changes to the Constitution, the first 10 of which are called the Bill of Rights. The Constitution has been changed by basic legislation by Congress, actions taken by the President, key decisions of the Supreme Court, the activities of political parties, and custom.
| Characteristics | Values |
|---|---|
| Number of parts | 3 |
| Introduction | Preamble |
| Number of articles | 7 |
| Article I | Legislative branch of government |
| Article II | Executive branch of government |
| Article III | Establishes the Supreme Court as the highest judicial power in the US |
| Article IV | Defines the relationship between the states |
| Article V | Describes the procedure for amending the Constitution |
| Article VI | Declares the Constitution as "the supreme Law of the Land" |
| Third part | Amendments |
| Number of amendments | 27 |
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What You'll Learn
Introduction (Preamble)
The text of the US Constitution is organised into three parts, the first of which is the Introduction, or the Preamble. This introductory statement is not a law itself, but it sets the stage for the rest of the Constitution by clearly communicating the intentions of the framers and the purpose of the document.
The Preamble is a 52-word paragraph that begins with the now-famous words: "We the People of the United States". It goes on to outline the aspirations and objectives of the document, 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".
The Preamble was drafted in six weeks during a hot Philadelphia summer in 1787. It is an important statement of the purpose of the Federal Government and the Constitution itself. It is a foundational document that sets out the aspirations of "We the People" for our government and our way of life as a nation.
The Preamble is an inspiring and powerful introduction to the US Constitution, and it is no wonder that it is often recited and used in educational and inspirational materials to this day.
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Seven articles
The text of the U.S. Constitution is organised into three parts. The first part is the Preamble, which serves as an introduction to the document and explains its purpose and the power of the government, deriving from the people of the United States. This is emphasised by the first three words of the Preamble, "We the People".
The second part of the Constitution is comprised of the seven Articles, which outline the structure of the government and the methods by which the Constitution can be changed. Each Article is divided into sections, with each Article focusing on a different topic. Article I covers the legislative branch of the government, while Article II concerns the executive branch. Article III establishes the Supreme Court as the highest judicial power in the United States. The relationship between the states is defined in Article IV, and Article V describes the procedure for amending the Constitution. Article VI declares the Constitution as "the supreme Law of the Land", and finally, Article VII outlines the process of ratification for the Constitution.
The third and final part of the Constitution is the Amendments, which list the changes made to the document. The first ten Amendments are collectively known as the Bill of Rights.
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Popular sovereignty
The US Constitution, in its Preamble, proclaims, "We the people of the United States... do ordain and establish this Constitution for the United States of America." This statement embodies the idea of popular sovereignty, recognising the people as the originators and arbiters of their government. The document further reinforces this principle in Article V, which outlines the process for amending the Constitution through representatives elected by the people.
The concept of popular sovereignty is not unique to the US. It has become a global standard for democratic governments, with countries like the Czech Republic and Brazil enshrining it in their constitutions. This principle asserts that governments derive their authority from the consent of the governed, and it serves as a cornerstone of modern political thought, dating back to the social contract theories of Thomas Hobbes, John Locke, and Jean-Jacques Rousseau.
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Checks and balances
The US Constitution is a ""living"" document that can be amended, although in over 200 years there have only been 27 amendments. It is underpinned by the principle of checks and balances, which is a system that allows separate government branches to ""check"" or overturn acts of another branch if those acts are unconstitutional. This system of checks and balances exists in the powers shared between the three branches of the US federal government: the executive, legislative, and judicial branches.
The legislative branch, run by Congress, including the House of Representatives and the Senate, has the power to make laws, declare war, regulate interstate and foreign commerce, and control spending and tax policies. It can check the judicial branch by voting to impeach federal judges and determining the jurisdiction of federal courts. It can also check the executive branch by voting to impeach the president and their administration, passing treaties proposed by the president, determining presidential nominations, and deciding on the budget for executive offices. Additionally, the legislative branch can override the president's veto if two-thirds of Congress agrees.
The executive branch, headed by the President, has the power to enforce laws and create laws without prior approval from Congress through executive orders. It can check the judicial branch by nominating Supreme Court judges when there is a vacancy. It can also check the legislative branch by overturning laws recently approved by Congress.
The judicial branch, or the Supreme Court, has the power to interpret laws and determine how lower courts must apply those laws in individual cases. It can check the executive branch by overturning presidential vetoes deemed unconstitutional. It can also check the legislative branch by determining the constitutionality of laws and striking down those that are deemed unconstitutional.
The system of checks and balances ensures that no single branch of the government holds more power than another, preventing tyranny and protecting individual rights. It allows each branch to have a say in how laws are made and enforced, ensuring equal power and maintaining a fair and democratic system of governance.
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Amendments
The US Constitution is often called the "supreme law of the land", and no law may contradict its principles. However, it is flexible and allows for changes in the government. This flexibility is reflected in the fact that the Constitution can be amended.
There have been 27 amendments to the Constitution, the first 10 of which are collectively known as the Bill of Rights and were ratified on December 15, 1791. The Reconstruction Amendments (the 13th, 14th, and 15th amendments) were added following the Civil War and Reconstruction. The most common method for adding an amendment is a two-thirds vote in each congressional house, followed by ratification by three-quarters of state legislatures. This process reflects federalism by taking place at the national level and ratification at the state level.
The amendment process is not always straightforward, and some amendments have taken a long time to ratify. For example, the 27th amendment took almost 203 years to ratify. Additionally, not all proposed amendments are successful. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, but none made in recent decades have been successful. Of these proposals, only about 20 have received a vote by either the full House or Senate since 1999.
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Frequently asked questions
The Constitution is divided into three parts: the Preamble, the seven Articles, and the Amendments.
The Preamble is an introduction that explains the purpose of the Constitution and the power of the government as originating from the people of the United States.
The seven Articles establish how the government is structured and how the Constitution can be changed. Each article deals with a different topic, including the legislative, executive, and judicial branches of government, as well as the relationship between the states and the procedure for amending the Constitution.
