Malcolm Rivera
The Constitution of the United States is divided into three major sectors, or branches: the legislative, executive, and judicial. The Constitution superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789, and has since been amended 27 times. The first three articles of the Constitution embody the doctrine of the separation of powers, with each branch consisting of different entities, such as Congress, the President, the Supreme Court, and other federal courts.
| Characteristics | Values |
|---|---|
| Number of sectors | 3 |
| First sector | Legislative |
| Second sector | Executive |
| Third sector | Judicial |
| First sector components | Congress, House of Representatives, and Senate |
| Second sector component | President |
| Third sector component | Supreme Court and other federal courts |
| Articles | 7 |
| Amendments | 27 |
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What You'll Learn
Legislative branch
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch, also known as Congress, consists of a Senate and a House of Representatives.
The legislative branch holds all legislative powers, which are vested in the Congress of the United States. The Senate and the House of Representatives each have their own rules and procedures, and a majority constitutes a quorum to conduct business. The Congress has the power to make or alter regulations regarding the times, places, and manner of holding elections for Senators and Representatives. It must assemble at least once a year, and it can also remove the president from office in exceptional circumstances.
The House of Representatives is composed of members chosen every second year by the people of the states. Representatives must be at least 25 years old, have been citizens of the United States for at least seven years, and live in the state they represent. Representatives and direct taxes are apportioned among the states according to their respective populations.
The legislative branch has various responsibilities, including the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. It can also raise and support armies, with appropriations for this purpose limited to a term of two years. Additionally, the legislative branch can call forth the militia to execute the laws of the union, suppress insurrections, and repel invasions. It can also organize, arm, and discipline the militia, while reserving the appointment of officers and authority of training to the states.
The legislative branch plays a crucial role in the US government by creating and passing laws that govern the nation. It serves as a check and balance on the executive branch, confirming or rejecting presidential nominations and having the power to remove the president from office.
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Executive branch
The Constitution of the United States delineates the framework of the federal government, dividing its powers into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much authority.
Article II of the Constitution outlines the executive branch, which consists of the President and subordinate officers. The President is both the head of state and the head of government, as well as the Commander-in-Chief of the armed forces. The President is responsible for executing and enforcing the laws created by Congress and has the power to issue executive orders, negotiate and sign treaties (with the approval of two-thirds of the Senate), and grant pardons for federal crimes (except in cases of impeachment). The President also appoints heads of federal agencies, federal judges, and the Supreme Court, with the Senate's confirmation.
The executive branch includes fifteen 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. The President also leads other executive agencies, such as the CIA and the Environmental Protection Agency. The Vice President is part of the executive branch, serving as the President of the Senate and casting the deciding vote in the case of a tie. The Vice President's primary duty is to be ready to assume the Presidency if the President becomes unable to perform their duties.
The executive branch employs over four million Americans, including members of the armed forces. The President's power is checked and balanced by the legislative and judicial branches, which can overturn laws and acts of the executive branch. For example, Congress can veto presidential legislation and, in exceptional circumstances, remove the President from office.
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Judicial branch
The Constitution of the United States divides the federal government into three branches: the legislative, the executive, and the judicial. The judicial branch, consisting of the Supreme Court and other federal courts, is established by Article III of the Constitution.
The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of the government recognizes its power limits. It safeguards civil rights and liberties by striking down laws that violate the Constitution and setting limits on democratic governments. The Supreme Court has the power of judicial review, which allows it to declare acts of the legislative or executive branches unconstitutional. This power is not explicitly mentioned in the Constitution but has been established through cases such as the Judiciary Act of 1789, where the Court held that an Act of Congress contrary to the Constitution is invalid.
The Judiciary Act of 1789 also created the position of six justices, including one Chief Justice and eight Associate Justices. Federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term to protect the judiciary's independence.
The judicial power extends to cases in law and equity arising under the Constitution, laws of the United States, and treaties. It covers cases involving ambassadors, public ministers, and consuls, as well as admiralty and maritime jurisdiction. The Supreme Court has appellate jurisdiction over almost any case involving constitutional or federal law, including those where the United States is a party, and those involving treaties.
The judicial branch also includes the lower federal courts, consisting of 13 appellate courts or U.S. courts of appeals, and 94 district or trial courts that resolve disputes by applying the law to the facts. There are also 90 bankruptcy courts to aid individuals and businesses facing bankruptcy.
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Federalism and state rights
The Constitution of the United States is the supreme law of the land, superseding the Articles of Confederation in 1789. It is divided into three branches: the legislative, executive, and judicial, to ensure that no individual or group has too much power. The legislative branch consists of the bicameral Congress (the Senate and the House of Representatives), the executive branch is led by the President, and the judicial branch comprises the Supreme Court and other federal courts.
Federalism, as outlined in Articles IV, V, and VI of the Constitution, describes the division of powers between the national and state governments. This system allows states to act as "laboratories of democracy", independently testing ideas and policies. The Tenth Amendment, ratified in 1791, further clarifies the division of powers by stating that any powers not delegated to the federal government by the Constitution are reserved for the states or the people. This limits the federal government to the specific powers outlined in the Constitution, with the ability to pass laws necessary to carry out those powers.
The Necessary and Proper Clause, as interpreted by the Supreme Court in McCulloch v. Maryland, grants the federal government certain implied powers needed to execute its express powers. Conversely, states hold reserved powers, which include any powers not assigned to or prohibited by the federal government under the Constitution. Examples of areas where states have the power to legislate include education, marriage, and property law.
The United States' system of federalism allows for a dynamic balance of powers between the national and state governments, providing a framework for effective governance and policy experimentation at both levels. The interplay between federal and state powers has been a constant dialogue throughout US history, with the Constitution serving as the guiding document for dividing these powers and ensuring the protection of individual liberties and justice.
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Amendments and supreme law
The Constitution of the United States is the supreme law of the land. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution has been amended 27 times since it became operational in 1789. The first ten amendments, collectively known as the Bill of Rights, were ratified on December 15, 1791, and offer specific protections of individual liberty and justice and place restrictions on the powers of the government within the U.S. states. The majority of the 17 later amendments expand individual civil rights protections, address issues related to federal authority, or modify government processes and procedures.
One notable example of an early amendment is the Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868. This amendment extended the liberties and rights granted by the Bill of Rights to formerly enslaved people and articulated the rights of citizens, including due process and equal protection under the law. Section 3 of the Fourteenth Amendment also addresses insurrection and rebellion, stating that individuals who have engaged in insurrection or rebellion against the Constitution shall not hold office or specific positions under the United States or any State.
The Sixteenth Amendment, ratified in 1913, is another significant amendment. It removed existing Constitutional constraints that limited Congress's power to lay and collect taxes on income. Specifically, it removed the apportionment constraints delineated in Article 1, Section 9, Clause 4, and overturned an 1895 Supreme Court decision that declared an unapportioned federal income tax on rents, dividends, and interest unconstitutional. This amendment greatly expanded the scope of federal taxing and spending authority.
The Eighteenth Amendment, ratified in 1919, provides another example of the impact of amendments on the nation's laws and policies. It prohibited the making, transporting, and selling of alcoholic beverages nationwide and authorized Congress to enact legislation enforcing prohibition. This amendment was adopted following a national temperance movement, reflecting the belief that alcohol use was reckless and destructive.
The process of amending the Constitution is outlined in Article V and involves proposing and ratifying amendments by either Congress or a national convention. The specific procedures for proposing and ratifying amendments have evolved over time, with the current process requiring a two-thirds majority vote in both houses of Congress to propose an amendment and ratification by three-fourths of the state legislatures or special ratifying conventions in three-fourths of the states.
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Frequently asked questions
The US Constitution is divided into three major sectors, or branches: the legislative, executive, and judicial.
The legislative branch (Article I) consists of the bicameral Congress, which includes the Senate and the House of Representatives. The executive branch (Article II) is made up of the President and subordinate officers. The judicial branch (Article III) consists of the Supreme Court and other federal courts.
Article IV defines the relationship between the states, Article V describes the procedure for amending the Constitution, and Article VI declares the Constitution as "the supreme Law of the Land".
