Simone Lawson
The US Constitution is a concise document with a preamble, seven articles, and 27 amendments. It outlines the structure and functions of the three branches of the US government: the legislative, executive, and judicial branches. The Constitution also establishes federal law supremacy over state laws and outlines the amendment and ratification processes. The document's first 52 words are famous for introducing the articles and amendments.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Number of Amendments | 27 |
| Number of States required to enact the Constitution | 9 |
| Number of Electors for the Vice President to receive Majority Votes | 2 |
| Number of Senators and Representatives mentioned | 2 |
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What You'll Learn
The US Constitution has seven articles
The US Constitution, the supreme law of the land, consists of seven articles that outline the structure and functions of the government. The final draft, presented on September 12, was signed on September 17, 1787, and ratified on June 21, 1788. The seven articles are divided into three branches of government and their powers: the Legislative, Executive, and Judicial.
The first three articles establish these three branches of government. Article I assigns the responsibility for making laws to the Legislative Branch, or Congress, which consists of the House of Representatives and the Senate. Article II covers the Executive Branch, or the office of the President. Article III covers the Judicial Branch, or the Federal court system. Together, these three articles form the structural foundation of the US government.
Articles four through seven describe the relationship between the states and the Federal Government, with Article VI establishing the supremacy of the Constitution and federal laws over state laws. This article also requires that all federal and state legislators, officers, and judges take an oath to support the Constitution and prohibits any religious test as a qualification for holding office. Article V outlines the process for amending the Constitution, which is more complex than the process for making laws. It requires a two-thirds majority in both the Senate and the House of Representatives, or an application from two-thirds of the state legislatures, to propose amendments. Article VII describes the ratification process for the Constitution, requiring special state ratifying conventions and the approval of nine states to enact the Constitution.
The seven articles of the US Constitution, along with the subsequent amendments, form the foundation of the country's legal and governmental system, ensuring a balanced and effective governance for the nation.
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It establishes three branches of government
The Constitution of the United States establishes three branches of government: 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 responsible for making the laws of the nation. It consists of the Senate and the House of Representatives, with the number of representatives in each state determined by its population. The basic function of the legislature is to discuss ideas and decide if these ideas (bills) should become laws. Each House can determine its rules of procedure, punish its members for disorderly behaviour, and expel a member with a two-thirds concurrence. Additionally, each House is the judge of the elections, returns, and qualifications of its members.
The executive branch is headed by the President of the United States, who is the nation's leader, head of state, and Commander-in-Chief of the armed forces. The President enforces the laws made by the legislative branch and has the power to veto legislation created by Congress. The President also nominates heads of federal agencies and high court appointees, including Supreme Court justices, who require Senate confirmation. The Vice President supports the President and assumes the role in the event that the President is unable to serve.
The judicial branch is responsible for interpreting laws according to the Constitution and ensuring that they are followed. It includes the Supreme Court, which is the highest court in the country, and lower courts located in each state to hear cases involving federal issues. The Supreme Court can overturn unconstitutional laws and is composed of nine Justices who are nominated by the chief executive and confirmed by the Senate.
The Constitution outlines the powers and limits of each branch, and each branch has the ability to check the powers of the other two branches. This system of checks and balances ensures that no branch exceeds its authority and provides a framework for governing the nation.
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Federal law is supreme over state law
The Constitution of the United States comprises seven articles, a preamble, and a closing endorsement. The constitution, federal laws, and treaties made under the authority of the United States are the "supreme Law of the Land" according to Article VI, also known as the Supremacy Clause. This means that federal law is supreme over state law.
The Supremacy Clause establishes that federal statutes are "supreme" over state law. It grants Congress the power to establish rules that American courts are bound to apply, even if they contradict state laws. This clause does not imply that states must base their laws on the same policy judgments reflected in federal statutes. However, it does mean that Congress can restrict what state law can say about certain topics or place those topics off-limits to state law entirely.
The Supremacy Clause also addresses the preemption of state law by federal regulations. Preemption can arise in any area where Congress has authority, but it is most prevalent in areas where Congress and the states share authority. For example, in the case of Sperry v. Florida, the Supreme Court ruled that federal patent law preempted state licensure law, allowing an individual licensed by the U.S. Patent Office to act as a patent agent in Florida despite state objections.
The Supreme Court has provided guidance on determining Congressional intent regarding preemption. In Altria Group v. Good, the Court distinguished between express and implied preemption, emphasizing that courts should favour state law when interpreting ambiguous preemption clauses. Implied preemption can arise from direct conflicts between state and federal laws or when federal laws dominate a field that a state law seeks to regulate. For instance, in Arizona v. United States, the Supreme Court held that federal immigration law preempted an Arizona state law penalizing undocumented immigrants working without authorization.
In conclusion, the Supremacy Clause of the U.S. Constitution establishes the supremacy of federal law over state law. It empowers Congress to enact rules that supersede state laws and grants the Supreme Court the authority to interpret and enforce this preemption. While states retain authority over matters within their borders, federal law takes precedence in shared authority areas, and Congress can restrict state law on specific topics.
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The process for amending the Constitution
The Constitution of the United States was written to endure for ages to come, as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made the process of amending the document challenging. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. An amendment may be proposed 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 the state legislatures. The Congress proposes an amendment in the form of a joint resolution, which is then forwarded directly 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.
The Governors then formally submit the amendment to their State legislatures or call for a convention, as specified by Congress. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). Once the OFR verifies that it has received the required number of authenticated ratification documents, it 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 and serves as official notice to the Congress and the Nation that the amendment process has been completed.
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Ratification of the Constitution and amendments
The US Constitution was ratified in 1787, with Delaware being the first state to do so on December 7, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The Constitution was then ratified by Massachusetts, Maryland, South Carolina, and, finally, New Hampshire. The document was signed by 39 delegates, including Benjamin Franklin, who accepted the Constitution despite his reservations about certain parts, stating that he expected no better.
The process of ratification involved the approval of the state legislatures, with Article VI establishing the supremacy of the Constitution and federal laws over state laws. It also required that federal and state legislators, officers, and judges take an oath to support the Constitution. The Ratification of the Conventions of nine States was sufficient for the establishment of the Constitution.
Amendments to the Constitution are proposed by Congress or a national convention, and they must be ratified by three-fourths of the states to become operative. There are two steps in the amendment process. Firstly, the language of the proposed amendment must be adopted by either Congress or a national convention. Secondly, the proposed amendment must be ratified by three-fourths of the states, either through the consent of state legislatures or state ratifying conventions. To date, the convention method of proposal has never been used, and the convention method of ratification has only been used once, for the Twenty-first Amendment.
Some notable amendments to the Constitution include the Fourth Amendment (1791), which protects individuals against unreasonable searches and seizures, and the Eighth Amendment (1791), which protects individuals from excessive bail or fines and cruel and unusual punishment. The Nineteenth Amendment, ratified in 1920, prohibits denying any citizen the right to vote based on sex. The Bill of Rights, consisting of ten amendments, was ratified on December 15, 1791.
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Frequently asked questions
The US Constitution is not written in a line format, but rather it is divided into seven articles, a preamble, and a closing endorsement.
The US Constitution contains 4400 words.
The preamble to the US Constitution is 52 words long.
There have been 27 amendments to the US Constitution, beginning with the Bill of Rights, which included the first 10 amendments.
There are seven articles in the US Constitution.
