Malcolm Rivera
The US Constitution is divided into three branches: the legislative, executive, and judicial. This separation of powers is a defining feature of constitutional governments, which distribute power among several organs of the body politic. The US Constitution is further divided into seven articles, each dealing with a different topic, and 27 amendments, the first ten of which are collectively known as the Bill of Rights.
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What You'll Learn
The US Constitution is divided into three branches: legislative, executive, and judicial
The US Constitution is divided into three branches: the legislative, executive, and judicial. This division of power is a key feature of constitutional governments, ensuring that no individual or group has too much power and providing a system of checks and balances.
The legislative branch, as outlined in Article I of the Constitution, includes Congress, which is made up of the Senate and the House of Representatives. This branch is responsible for proposing and passing laws.
The executive branch, outlined in Article II, is led by the President, who is the head of state, leader of the federal government, and Commander-in-Chief of the armed forces. The President is supported by the Vice President, who can take on the President's role if they are unable to serve. The executive branch is responsible for enforcing the laws created by the legislative branch.
The judicial branch, established in Article III, is headed by the Supreme Court, which is the highest judicial power in the United States. The federal judiciary interprets the laws and ensures that they comply with the Constitution. The Supreme Court can assert its authority over Acts of Congress, as seen in the landmark case of Marbury v. Madison.
Each branch has specific powers and responsibilities, and they work together to govern the country while also serving as a check on each other's power. This system of separation of powers ensures a balance and protects against the concentration of power in a single person or group, which was common in preconstitutional governments, such as absolute monarchies.
The US Constitution, with its three branches of government, has been in operation since 1789 and has been amended 27 times to expand individual civil rights protections, address federal authority issues, and modify government processes.
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Amendments: how they are made and ratified
The United States Constitution divides the federal government into three branches: the legislative, executive, and judicial. The Constitution has been amended 27 times since it was drafted in 1787. The first ten amendments, collectively known as the Bill of Rights, were adopted four years later and offer protections of individual liberty and justice, as well as restrictions on the powers of the government. The process of amending the Constitution is intentionally difficult and time-consuming. Amendments can 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.
Once an amendment is proposed, it must be ratified. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services. Ratification requires the approval of three-fourths of the states, or 38 out of 50 states. This can be achieved through the consent of state legislatures or state ratifying conventions, with the latter option only being used once for the Twenty-first Amendment.
The process of amending the Constitution has been designed to strike a balance between pliancy and rigidity. While it should not be too easy to render the Constitution mutable, it should also not be too difficult to perpetuate discovered faults. The difficulty of the amendment process can be seen in the failure of some proposed amendments, such as those supported by advocates of congressional term limits and a balanced budget amendment.
The certification of a ratified amendment is a ceremonial function that may be attended by dignitaries, including the President. The certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process has been completed. Notable amendments include those that gave women the right to vote, abolished poll taxes, and lowered the minimum voting age from 21 to 18.
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The role of the Supreme Court
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The Supreme Court is the highest court in the federal judiciary system of the United States. It was established by Article III, Section I of the Constitution, which states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The Supreme Court plays a crucial role in the constitutional system of government. Firstly, as the highest court in the land, it serves as the court of last resort for those seeking justice. This means that it has the final say in determining when a Constitutional right is violated or when a right is protected by the Constitution.
Secondly, the Supreme Court has the power of judicial review, which allows it to ensure that each branch of the government recognizes its own limits and stays within its designated powers. This power was asserted in the landmark case of Marbury v. Madison, where the Court established its authority to invalidate a statute for violating a provision of the Constitution. The Court's power of judicial review also extends to striking down presidential directives that violate the Constitution or statutory law.
Thirdly, the Supreme Court plays a vital role in protecting civil rights and liberties. It does so by striking down laws that are deemed to violate the Constitution. This includes interpreting and applying the Bill of Rights, which offers specific protections of individual liberty, justice, and restrictions on government powers.
Additionally, the Supreme Court sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of minorities. This role is particularly important in safeguarding against potential abuses of power by the majority.
The Supreme Court's jurisdiction, or legal ability to hear a case, is established by Article III, Section II of the Constitution. It has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction over almost any other case involving constitutional or federal law, including cases where the United States is a party or those involving treaties.
The number of justices on the Supreme Court has varied over time, ranging from five to ten. Currently, there is one Chief Justice and eight Associate Justices. The Court receives thousands of petitions each year but only grants a small fraction of them, carefully selecting the cases it hears.
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The purpose of the Constitution and the power of the government
The US Constitution, which came into effect in 1789, is divided into seven articles, each dealing with different topics. The purpose of the Constitution is outlined in its introduction, or Preamble, which begins with the words "We the People". This phrase emphasizes that the power of the government originates from the people of the United States.
The Constitution divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group holds too much power. The legislative branch is made up of Congress (the Senate and House of Representatives) and various support agencies and offices. The executive branch is headed by the President, who is the Commander-in-Chief of the armed forces and is supported by the Vice President and Cabinet members. The judicial branch is headed by the Supreme Court, which is the highest judicial power in the country.
The Constitution outlines the relationship between these branches and establishes checks and balances to ensure that power is distributed and restrained. The Supreme Court, for example, can review Acts of Congress and determine their constitutionality, though it is not considered the final interpreter of the Constitution. The President can also influence the Court's interpretation by nominating new justices.
The Constitution has been amended 27 times, with the first ten amendments collectively known as the Bill of Rights. These amendments protect individual liberties and justice and restrict the powers of the government within the states. The majority of the subsequent amendments expand civil rights protections, address federal authority, or modify government processes. The amendment process involves two steps: adoption and ratification. Amendments must be adopted by a two-thirds majority in Congress or through a national convention, and then ratified by three-fourths of the states.
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The influence of the US Constitution on other nations' constitutions
The United States Constitution has had a profound influence on the legal thinking and constitutional development of other nations. It has served as a model for emerging nations drafting new constitutions, particularly in Latin America in the 19th century, and its principles have resonated in the histories of ideas and legal thinking worldwide.
The US Constitution's impact is evident in the adoption of similar phrasing and passages in other nations' constitutions. Its concepts of governance, including the rule of law, separation of powers, and recognition of individual rights, have been influential. The US Constitution's approach to amendment procedures and judicial review has also inspired constitutionalists in other countries. For example, President Benito Juarez of Mexico implemented judicial review in the Mexican constitution, drawing on the US model.
Nationalists and revolutionaries in the Philippines, China, and Mexico, such as Jose Rizal, Sun Yat-sen, and Benito Juarez, were influenced by the US Constitution in their calls for political reform and the establishment of republican democracy. The US Constitution's impact can also be seen in the constitutions of countries like Japan, India, Canada, Switzerland, and Australia, demonstrating its global reach and significance.
However, the influence of the US Constitution has been waning since the 1980s as countries create new constitutions or update older ones. Democratizing countries often favour more centralized models, such as the British Westminster system. Additionally, the growing dissimilarity between the provisions of modern constitutions and those of the US Constitution indicates a relative decline in its influence. Nonetheless, its historical impact remains profound, and it continues to shape legal thinking and constitutional development worldwide.
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Frequently asked questions
There are three major divisions of the US federal government as per the Constitution: legislative, executive, and judicial.
Article I deals with the legislative branch of government, Article II concerns the executive branch, and Article III establishes the judicial branch, with the Supreme Court as the highest judicial power in the US.
The US Constitution has been amended 27 times since it came into operation in 1789. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791.
