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The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution is divided into seven articles on different topics, with each article further divided into sections. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the process of amending the Constitution.
| Characteristics | Values |
|---|---|
| Introduction | Explains the purpose of the Constitution and power of the government as originating from the people of the United States |
| 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 United States |
| Article IV | Defines the relationship between the states |
| Article V | Describes the procedure for amending the Constitution |
| Article VI | Declares itself, the Constitution, as "the supreme Law of the Land" |
| Article VII | Outlines the process for ratification by state legislatures |
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What You'll Learn
The Constitution's introduction and purpose
The US Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution was originally intended as a revision of the Articles of Confederation but instead introduced a completely new form of government.
The Constitution's introduction, or preamble, is not officially part of the Constitution itself, but it explains the purpose of the Constitution and the power of the government as originating from the people of the United States. The first three words of the preamble, "We the People," emphasise this. The preamble reads:
> "We the People of the United States, in Order 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, do ordain and establish this Constitution for the United States of America."
The purpose of the Constitution, as outlined in the preamble, is to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty for the people of the United States and their posterity. The preamble sets out the reasons and intentions behind the creation of the Constitution, which is then laid out in the seven articles that follow.
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The legislative branch
The US Constitution is the supreme law of the United States of America. It establishes a federal government divided into three branches: the legislative, the executive, and the judiciary. The legislative branch, established by Article I of the Constitution, consists of the bicameral Congress, which 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 states. The number of representatives from each state is proportional to the state's total population. Representatives must be at least 25 years old, have been citizens of the US for at least seven years, and be inhabitants of the state they are chosen to represent.
The Senate and the House of Representatives each have their own rules and procedures. Each house is the judge of the elections, returns, and qualifications of its members, and a majority constitutes a quorum to do business. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and expel a member with the concurrence of two-thirds.
Congress may propose amendments to the Constitution, which must be adopted by a two-thirds majority in both houses. The proposal is then sent to the states for ratification, where it becomes an operative part of the Constitution once ratified by three-fourths of the states.
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The executive branch
The US Constitution is divided into three branches: the legislative, the executive, and the judicial. The executive branch, which is outlined in Article II, consists of the President, the Vice President, and subordinate officers. The President is both the head of state and head of government, as well as the Commander-in-Chief of the armed forces.
The President's primary role is to enforce the laws written by Congress. To assist in this role, the President has the power to appoint the heads of 15 executive departments, each led by a member of the President's Cabinet. These departments carry out the day-to-day administration of the federal government. In addition to these 15 departments, the President also appoints the heads of other executive agencies, such as the CIA and the Environmental Protection Agency, as well as federal judges, ambassadors, and other federal officials.
The President has the power to negotiate and sign treaties, which must be ratified by two-thirds of the Senate. They can also issue executive orders, which direct executive officers or help to implement existing laws. The President has the power to grant pardons and clemencies for federal crimes, except in cases of impeachment. The President is required to provide Congress with information on the State of the Union and recommend measures for their consideration. While the President may fulfil this requirement in any manner they choose, it has become tradition to deliver a State of the Union address to a joint session of Congress each January.
The Vice President serves as the President of the Senate and casts the deciding vote in the case of a tie. Beyond these constitutional duties, the Vice President's role is determined by the President. They may take on a specific policy portfolio or serve as a top adviser.
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The judicial branch
The US Constitution is the supreme law of the United States of America. It establishes a federal government, which is divided into three branches: the legislative, the executive, and the judicial.
Section 1 of Article Three authorises the creation of inferior federal courts but does not require it. The first inferior federal courts were established shortly after the Constitution was ratified with the Judiciary Act of 1789. This section also establishes that federal judges do not face term limits and that their salaries may not be decreased.
Section 2 of Article Three delineates federal judicial power. The Case or Controversy Clause restricts the judiciary's power to actual cases and controversies, meaning that federal judicial power does not extend to hypothetical cases or those proscribed due to standing, mootness, or ripeness issues. This section states that the federal judiciary's power extends to cases arising under the Constitution, federal laws, federal treaties, controversies involving multiple states or foreign powers, and other areas as enumerated in the Constitution.
Section 2 gives the Supreme Court original jurisdiction when ambassadors, public officials, or states are a party in a case, leaving the Supreme Court with appellate jurisdiction in all other areas. This section also gives Congress the power to strip the Supreme Court of appellate jurisdiction and establishes that all federal crimes must be tried before a jury.
Section 2 does not explicitly grant the federal judiciary the power of judicial review, but the courts have exercised this power since the 1803 case of Marbury v. Madison. Judicial review is the ability to decide if a law violates the Constitution, and it is used to provide checks and balances on the legislative and executive branches.
Section 3 of Article Three defines treason and empowers Congress to punish it. This section requires that at least two witnesses testify to the treasonous act or that the accused confess in open court. It also limits the ways in which Congress can punish those convicted of treason.
While Alexander Hamilton argued that the courts hold only the power of words and not of compulsion over the other two branches of government, Thomas Jefferson expressed deep reservations about the doctrine of judicial review, warning that it placed power in the hands of judges who were "as honest as other men, and not more so".
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Amending the Constitution
The authority to amend the US Constitution is derived from Article V of the Constitution. The framers of the Constitution made it difficult to amend the document to ensure its longevity. In the words of Chief Justice John Marshall, it was written "to endure for ages to come".
The US Constitution has been amended only 27 times since it was drafted in 1787. The first 10 amendments were adopted four years later as the Bill of Rights. The process of amending the Constitution is long and challenging. A proposal for an amendment must be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures. The convention method of proposal has never been used.
Once the proposal has passed, Congress decides on the method of ratification. The proposed amendment and the chosen method are sent to the Office of the Federal Register, which copies it in slip law format and submits it to the states. The amendment then needs to be ratified by three-fourths of the states (38 out of 50) to become an operative part of the Constitution.
The content of amendments varies. For example, the Eighteenth Amendment (1919) prohibited the making, transporting, and selling of alcohol nationwide. In contrast, the Sixteenth Amendment (1913) gave Congress the authority to levy an income tax without apportioning it among the states or basing it on the US Census.
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Frequently asked questions
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.
The US Constitution is divided into seven articles on different topics. Each article is further divided into sections. Article I deals with the legislative branch of government, Article II concerns the executive branch, and Article III establishes the Supreme Court as the highest judicial power in the United States. Article IV defines the relationship between the states, Article V describes the procedure for amending the Constitution, and Article VI declares itself, the Constitution, as "the supreme Law of the Land".
Under Article Five, a proposal for an amendment must be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures. Once the proposal has passed, Congress decides on the method of ratification, which is then sent to the Office of the Federal Register. The amendment becomes operative as soon as it is ratified by three-fourths of the States.
