Eleanor Finch
The US Constitution is the supreme law of the United States of America, providing the foundation for the country's federal government. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789, and has since been amended 27 times. The US Constitution establishes a federal democratic republic, with three branches of government: the legislative, consisting of the bicameral Congress; the executive, consisting of the president and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts. The Constitution's influence extends beyond the US, as it has also shaped the constitutions of other nations.
| Characteristics | Values |
|---|---|
| Number of foundational bodies | 3 |
| Type of government | Federal democratic republic |
| Influences | Magna Carta, federations, common law, Enlightenment philosophy, English law |
| Key concepts | Separation of powers, federalism, individual liberty, justice, civil rights |
| Flexibility | Can be amended; amended 27 times since 1789 |
| State authority | Each state has 2-7 delegates in Congress, with one vote on policies, treaties, and amendments |
| Electoral College | Electors cast two votes for president and vice president |
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What You'll Learn
The US Constitution is the foundation of the federal government
The Constitution is organised into three parts. The first, the Preamble, outlines the purpose of the document and the federal government. The second part, consisting of seven articles, establishes the structure of the government and how the Constitution can be amended. The third part, the Amendments, lists changes to the Constitution, with the majority of the 17 later amendments expanding individual civil rights protections.
The US Constitution was influenced by the study of the Magna Carta and other federations, as well as the European Enlightenment, particularly the ideas of separation of powers and unalienable rights. The Constitution establishes a federal democratic republic, with the people governing themselves, and power derived from the government.
The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III). The Constitution also outlines the rights and responsibilities of state governments and their relationship to the federal government.
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The Constitution is a 'living' document
The US Constitution established a federal democratic republic, with three foundational bodies described in its three parts. The first part, the Preamble, outlines the purpose of the document and the Federal Government. The second part, the seven Articles, establishes the structure of the government and how the Constitution can be changed. The third part, the Amendments, lists changes to the Constitution, with the first 10 being the Bill of Rights.
The Constitution is often referred to as a "living document" because it can be amended to accommodate social or technological changes. The term "Living Constitution" refers to the viewpoint that the US Constitution holds a dynamic meaning and can transform according to the necessities of the time, even without being formally amended. This idea is in contrast to ""originalism", which states that the Constitution means what the people who adopted it understood it to mean, and that there is no need for it to adapt or change other than through formal amendments.
Proponents of the "living document" theory argue that the Constitution was written with broad and flexible terms to create a dynamic document that can evolve and adapt to new circumstances. They contend that interpreting the Constitution in accordance with its original meaning is sometimes unacceptable, and an evolving interpretation is needed. For example, the constitutional requirement of "equal rights" should be interpreted with regard to current standards of equality, not those of decades or centuries ago. Additionally, the lessons learned from grappling with constitutional issues in a changing society are embodied in the cases decided by the Supreme Court and in traditions and understandings that have developed outside the courts. These precedents, traditions, and understandings form an indispensable part of the constitution as it operates in practice.
Opponents of the "living document" theory argue that allowing judges to change the Constitution's meaning undermines democracy. They believe that legislative action, rather than judicial decisions, better represents the will of the people in a constitutional republic. Furthermore, they contend that the amendment process is the correct way to change the Constitution, as it allows for input from the people through their elected representatives.
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The Constitution is divided into three branches
The US Constitution is the foundation of the country's federal government and is considered the supreme law of the land. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789, and has since been amended 27 times. The Constitution is organised into three parts: the Preamble, the seven Articles, and the Amendments.
The Constitution's first three articles embody the doctrine of the separation of powers, which was influenced by eighteenth-century Enlightenment philosophers such as Montesquieu and John Locke. This concept is also reflected in the structure of the Constitution, with its three branches of government.
The US Constitution established a federal democratic republic, where the people govern themselves, and the government's power is derived from the people. The Constitution also delineates the rights and responsibilities of state governments and their relationship to the federal government, known as federalism. This system of government involves a spirit of comity between the federal government and the states, with federal courts giving "full faith and credit" to state courts.
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The legislative branch consists of Congress
The legislative branch of the US government consists of Congress, which is made up of the House of Representatives and the Senate. This structure is established by Article I of the US Constitution, which grants Congress the sole authority to enact legislation and declare war, as well as the right to confirm or reject many presidential appointments.
The House of Representatives is comprised of 435 elected members, distributed among the 50 states in proportion to their total population. Additionally, there are six non-voting members, representing Washington D.C., Puerto Rico, and four other US territories. The presiding officer of the House is the Speaker of the House, who is elected by the Representatives.
The Senate, on the other hand, has a different composition. Each state has an equal number of senators, currently two per state, regardless of its population. Senators are also elected officials, serving six-year terms. The Senate has certain unique roles and powers, including the confirmation of federal judges and the approval of treaties.
Congress plays a crucial role in the law-making process. A bill must pass through both the House and the Senate before it can be sent to the President for consideration. If a bill passes through both chambers but is not identical, a Conference Committee is formed to reconcile the differences. The committee produces a final version, which is then voted on again by both chambers. If the bill passes this stage, it is sent to the President, who can sign it into law or veto it. However, Congress has the power to override a presidential veto with a two-thirds majority vote in both chambers.
The legislative branch, through Congress, holds significant power in the US government. It is one of the three coequal branches, alongside the executive and judicial branches, and is the only branch with the authority to create and amend laws. This unique role ensures the legislative branch's centrality in shaping the country's legal framework and policy agenda.
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The executive branch is led by the President
The US Constitution outlines three foundational bodies of the US government, namely the executive branch, the judicial branch, and the legislative branch. The executive branch is led by the President, who is both the head of state and the head of government. The President is also the Commander-in-Chief of the armed forces.
The President's role in the executive branch involves executing and enforcing laws created by Congress. They can sign legislation into law or veto bills passed by Congress. However, Congress can override a presidential veto with a two-thirds vote in both houses. The President also has the power to issue executive orders, which provide directions to executive officers or help implement existing laws. Additionally, the President can negotiate and sign treaties with other nations, although these treaties must be ratified by two-thirds of the Senate.
The President has a significant role in appointing key positions within the government. They appoint members of their Cabinet, who are the heads of the 15 executive departments. These Cabinet members serve as the President's advisors and play a crucial role in the Presidential line of succession. The President also appoints heads of more than 50 independent Federal commissions, Federal judges, ambassadors, and other Federal officials.
The Vice President is the second-highest-ranking member of the executive branch and supports the President. In the event that the President is unable to serve, the Vice President assumes the role of President. The Vice President also has their own official residence at the United States Naval Observatory in Washington, D.C., and access to dedicated transportation, including aircraft.
The Executive Office of the President (EOP) was established in 1939 to provide the President with the necessary support to govern effectively. The EOP includes senior advisors who work closely with the President in the West Wing of the White House, as well as the majority of staff housed in the nearby Eisenhower Executive Office Building.
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Frequently asked questions
Three. The US Constitution divides the federal government into three branches: the legislative, the executive, and the judicial.
The legislative branch consists of the bicameral Congress. Each state has congressional delegates, and each state has one vote on policies, treaties, and constitutional amendments.
The executive branch consists of the president and subordinate officers. The president has powers such as veto power, where they can reject a bill, which is then sent back to Congress.
The judicial branch consists of the Supreme Court and other federal courts. The Supreme Court decides on Constitutional issues of state law on a case-by-case basis and only by strict Constitutional necessity.
