Malcolm Rivera
The Constitution of the United States is divided into seven articles, each of which is further divided into sections. The seven articles outline the basic framework of the federal government, with Article I describing the legislative branch, Article II the executive branch, and Article III the judiciary. Article IV defines the relationship between the states, Article V the procedure for amending the Constitution, and Article VI declares the Constitution as the supreme Law of the Land. The Constitution was signed in 1787 and has since been amended several times, with the first ten amendments, known as the Bill of Rights, guaranteeing fundamental rights such as freedom of speech, religion, and press.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Article I | Legislative branch of government |
| Article II | Executive branch of government |
| Article III | Judicial branch of government |
| Article IV | Relationship between the states |
| Article V | Procedure for amending the Constitution |
| Article VI | Declares the Constitution as "the supreme Law of the Land" |
| Article VII | Ratification requirements |
| Number of Amendments | 27 |
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What You'll Learn
Legislative branch
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. This system ensures that no individual or group has too much power.
The legislative branch, also known as Congress, is made up of the Senate and the House of Representatives. The legislative branch is responsible for creating and passing laws. The House of Representatives is composed of members chosen every second year by the people of the several states. Representatives must be at least 25 years old, have been citizens of the United States for seven years, and live in the state they represent.
The legislative branch has the power to declare war, raise and support armies, and provide for the calling forth of the militia to execute the laws of the union, suppress insurrections, and repel invasions. It also has the power to regulate commerce, coin money, establish post offices, and post roads, and to promote the progress of science and useful arts by securing exclusive rights to authors and inventors for a limited time.
The legislative branch also has the power to impeach and remove the president from office in exceptional circumstances. It can also confirm or reject the president's nominees for heads of federal agencies, federal judges, and the Supreme Court.
The legislative branch is designed to be a check and balance on the executive and judicial branches, and vice versa. For example, while the legislative branch can create laws, the executive branch can veto them, and the judicial branch can declare them unconstitutional.
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Executive branch
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. This separation of powers ensures that no individual or group will have too much authority.
The executive branch consists of the president, vice president, and federal agencies. The president is the head of state, leader of the federal government, and Commander in Chief of the US armed forces. Before assuming office, the president must take an oath to "preserve, protect and defend the Constitution of the United States." The president must be a natural-born citizen, at least 35 years old, and have been a resident of the United States for 14 years. The president can serve a maximum of two four-year terms.
The vice president supports the president and assumes the presidency if the president is unable to serve. The executive branch also includes executive departments, independent agencies, and other boards, commissions, and committees.
Executive orders are signed and published directives from the president regarding the management and operation of the federal government. They carry the force of law and are initially published in the Federal Register, the executive branch's daily publication. These orders can be amended, revoked, or superseded.
The president can veto legislation created by Congress and nominate heads of federal agencies and high court appointees. Congress can confirm or reject these nominees 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: legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power.
The judicial branch, established by Article III of the Constitution, includes the Supreme Court and other federal courts. The Supreme Court is the highest tribunal in the United States and is responsible for interpreting the Constitution. The federal courts are authorized to hear actual cases and controversies only, and their power does not extend to hypothetical cases or those proscribed due to standing, mootness, or ripeness issues.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. This includes the power to overturn unconstitutional laws. The judicial power extends to all cases in law and equity arising under the Constitution, the laws of the United States, and treaties made under their authority. It also covers cases involving ambassadors, public ministers, and consuls, as well as admiralty and maritime jurisdiction.
Judges of the Supreme Court and inferior courts hold their offices during good behaviour and receive compensation for their services, which cannot be diminished during their continuance in office. The Constitution grants federal courts criminal contempt and civil contempt powers to enforce judicial decisions. Other implied powers include injunctive relief and the habeas corpus remedy. The Court may imprison for contumacy, bad-faith litigation, and failure to obey a writ of mandamus.
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Federal and state relations
The relationship and authority of states and the federal government in the United States are governed by the US Constitution. The Constitution provides the states with a number of guarantees. For instance, the national government cannot impose a tax or duty on any state's exports, grant preferences to the ports of one state over another, or require ships heading to or from a state to pay duties at another port. States cannot be divided or merged without the consent of the state legislature(s) involved, and no state can be deprived of equal representation in the US.
The Constitution's main provisions include seven articles that define the basic framework of the federal government. Article I, Section 9 lists eight specific limits on congressional power. The Supreme Court has sometimes broadly interpreted the Commerce Clause and the Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress.
Federalism opinions that begin with the states have often headed in the wrong direction because they have followed the trail marked by sovereigntists. However, federal-state relations have many facets, from legal and financial to political, and have varied from cordial to combative. The relationship between the states and the federal government is interactive and involves both cooperation and conflict. While some observers see the federal-state relationship as more cooperative, others believe that federalism has waxed and waned since the founding, and federal-state relations have always been contested.
To ensure the proper balance between state and federal action, governors encourage federal officials to adhere to specific guidelines when developing laws and regulations. Federal action should be limited to situations in which constitutional authority is clear and certain, and problems that are truly national in scope. Federal action should also be sensitive to each state's ability to bring its own resources and approaches to common problems. Governors recognize the need for federal intervention if states fail to act collectively on issues of legitimate concern.
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Amendments
The Amendments form a crucial part of the American Constitution, allowing for changes and updates to be made to the nation's foundational document. The process of amending the Constitution is detailed in Article Five, which outlines a two-step procedure. Firstly, an amendment must be proposed and sent to the states for ratification. This can occur in two ways: by a two-thirds majority vote in both the Senate and the House of Representatives, or through a national convention called by Congress upon the request of two-thirds of state legislatures.
Once an amendment is proposed, it must then be ratified by three-fourths of the states, or 38 states, to become an official part of the Constitution. This can be achieved through state legislatures or state ratifying conventions, with the latter method only being used once for the Twenty-first Amendment in 1933. This amendment is notable for repealing the Eighteenth Amendment, which established the prohibition of alcohol.
Since the Constitution came into effect on March 4, 1789, there have been 27 successful amendments. The first 10 amendments, collectively known as the Bill of Rights, were ratified on December 15, 1791. These initial amendments set a foundational framework for personal liberties and the federal government's structure.
The 13th, 14th, and 15th amendments are known as the Reconstruction Amendments, while several other amendments have been proposed but have not yet gained the required number of state ratifications. The process of amending the Constitution is designed to balance the need for change with stability, ensuring that any modifications are carefully considered and widely supported.
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Frequently asked questions
The American Constitution is divided into seven articles, with each article containing multiple sections.
Article I deals with the legislative branch of the government, describing the Congress, and the manner of election and qualifications of its members.
Article II concerns the executive branch of government, including the President and Vice President.
Article III establishes the Supreme Court as the highest judicial power in the United States.
Article IV defines the relationship between the states and the procedure for admitting new states.
