Malcolm Rivera
The Constitution of the United States is divided into several sections, each addressing different topics and aspects of governance. The document is structured with a preamble, seven articles, and 27 amendments, with the first 10 amendments collectively known as the Bill of Rights. Each article is further divided into sections, with Article I covering the legislative branch, Article II the executive branch, and Article III establishing the Supreme Court as the highest judicial power. These initial articles embody the doctrine of the separation of powers, a fundamental principle in the US system of government.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| First three articles | Embodies the doctrine of the separation of powers |
| First article | Legislative branch of government |
| Second article | Executive branch of government |
| Third article | Establishes the Supreme Court as the highest judicial power |
| Fourth article | Defines the relationship between the states |
| Fifth article | Describes the procedure for amending the Constitution |
| Sixth article | Declares the Constitution as "the supreme Law of the Land" |
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| Number of Sections in Article One | 10 |
| Number of Sections in Article Two | 4 |
| Number of Sections in Article Three | 3 |
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What You'll Learn
Legislative branch
The US Constitution is divided into three branches: the legislative, the executive, and the judiciary. The legislative branch is described in Article I of the Constitution and consists of a bicameral Congress, which is made up of a Senate and a House of Representatives.
The legislative branch is responsible for creating and passing laws. The power to make laws is vested in the Senate and the House of Representatives, with each body having specific duties and powers. The House of Representatives is composed of members chosen every second year by the people of the various states, and the electors in each state must meet the qualifications required of electors of the most numerous branch of the state legislature. No person can be a representative who has not attained the age of twenty-five years, been a citizen of the United States for at least seven years, and who is not, when elected, an inhabitant of the state from which they are chosen. Representatives and direct taxes are apportioned among the several states included in the Union according to their respective numbers, which are determined by adding the total number of free persons (including those bound to service for a term of years) and excluding untaxed Native Americans.
The legislative branch also has the power to propose amendments to the Constitution. When two-thirds of both Houses deem it necessary, they can propose Amendments, or on the application of two-thirds of the state legislatures, they shall call a Convention for proposing Amendments. In either case, the Amendments become valid when ratified by three-fourths of the state legislatures or Conventions.
The legislative branch has the power to define and punish piracies and felonies committed on the high seas, as well as offences against the Law of Nations. It can also declare war, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water. Additionally, the legislative branch can raise and support armies (although no money can be appropriated for this use for more than two years at a time), and provide for the calling forth of the Militia to execute the Laws of the Union, suppress insurrections, and repel invasions.
The legislative branch also has the power to regulate commerce with foreign nations, among the several states, and with the Native American tribes. It can also establish post offices and post roads, and promote the progress of science and useful arts by securing exclusive rights to authors and inventors for a limited time.
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Executive branch
The US Constitution, which came into force in 1789, is divided into three branches: the legislative, the executive, and the judicial. The executive branch is the subject of Article II of the Constitution.
Article II of the US Constitution establishes the executive branch, which consists of the president and their subordinate officers. The president is both the head of state and the head of government. They are the Commander-in-Chief of the armed forces and are responsible for executing and enforcing the laws created by Congress. The Constitution requires the president to "from time to time [give] to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient." This is usually done through a State of the Union address to a joint session of Congress each January.
The president has the power to issue executive orders, negotiate and sign treaties (which must be ratified by two-thirds of the Senate), and appoint federal judges, ambassadors, and other federal officials. They also have the power to grant pardons and clemencies for federal crimes, except in cases of impeachment. The president must be a natural-born citizen of the United States and must be at least 35 years old.
The executive branch also includes the vice president, who serves as the president of the Senate and casts the deciding vote in the case of a tie. The vice president's primary responsibility is to be ready to assume the presidency if the president is unable to perform their duties.
The executive branch includes 15 executive departments, each led by an appointed member of the president's Cabinet, as well as other executive agencies such as the CIA and the Environmental Protection Agency. These departments and agencies carry out the day-to-day administration of the federal government.
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Judicial branch
The Constitution of the United States is divided into four main sections, often referred to as the fourfold structure. These are the preamble, the main body which includes seven original articles, the Bill of Rights, and the subsequent amendments. Each section serves a specific purpose and together they form the framework for the US government and the protection of citizens' rights.
Now, turning to the requested section on the Judicial Branch, this is a vital part of the US government and its role and powers are outlined across several sections of the Constitution.
The Judicial Branch is comprised of the Supreme Court and lower federal courts. Article III, Section 1 of the Constitution establishes the Supreme Court and authorizes Congress to create lower federal courts as needed. The role of the Judicial Branch is to interpret the law and ensure that the laws and actions of the other branches of government comply with the Constitution. This is achieved through the power of judicial review, which allows courts to examine the constitutionality of laws and government actions and strike down those that are inconsistent with the Constitution.
The Constitution outlines the types of cases that fall under federal court jurisdiction. These include cases involving ambassadors, public ministers and consuls, cases of admiralty and maritime jurisdiction, controversies to which the United States is a party, and controversies between two or more states.
The Supreme Court is the head of the Judicial Branch and plays a crucial role in interpreting the Constitution. It has the final say on constitutional matters and its decisions are binding across the nation. The Court typically hears cases that involve significant constitutional questions, conflicts between federal laws and state laws, and disputes between states.
Lower federal courts, established by Congress, include the Court of Appeals, District Courts, and Bankruptcy Courts. These courts handle a wider range of cases, with the majority being heard at the District Court level. The Court of Appeals reviews decisions made by lower courts and hears appeals on matters of law. Bankruptcy Courts deal specifically with bankruptcy cases and related matters.
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Federal and state relations
The US Constitution is divided into seven articles, with each article further divided into sections. Article IV, Federal and State Relations, embodies the concepts of federalism, describing the rights and responsibilities of state governments, and their relationship with the federal government.
Article IV, Section 1, also known as the Full Faith and Credit Clause, outlines the obligation of each US state to recognise the laws and legal acts of other states within the country. This clause ensures that legal proceedings and judgments made in one state are respected and enforced by others, promoting uniformity and consistency in the recognition of legal rights across the nation.
Section 2 of Article IV, the Privileges and Immunities Clause, guarantees that citizens of each state will be treated equally and fairly in other states, ensuring that state governments do not discriminate against non-residents or out-of-state citizens. This clause protects the fundamental rights of individuals when they travel or relocate between states, fostering a sense of unity and equality within the country.
The third section of Article IV addresses the admission of new states into the Union and the power of Congress over territories. It outlines the process for admitting new states, ensuring that all states are treated equally and fairly in terms of representation and governance. This section also grants Congress the authority to make laws and regulations for US territories, ensuring efficient and effective governance of areas under federal jurisdiction.
The fourth and final section of Article IV, the Republican Guarantee Clause, guarantees a republican form of government for each state. This means that each state must have a representative government, where the people have a voice and a say in the decision-making process. This clause ensures that state governments are accountable to their citizens and uphold democratic principles, reinforcing the foundation of representative democracy in the United States.
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Amendments
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The Sixteenth Amendment (1913) removed existing Constitutional constraints that limited the power of Congress to lay and collect taxes on income. Specifically, the amendment removed the apportionment constraints delineated in Article 1, Section 9, Clause 4, which required direct taxes to be apportioned according to state populations. The Sixteenth Amendment also overturned an 1895 Supreme Court decision that declared an unapportioned federal income tax on rents, dividends, and interest unconstitutional. This expansion of federal power provided the basis for all subsequent federal income tax legislation.
The Eighteenth Amendment (1919) prohibited the making, transporting, and selling of alcoholic beverages nationwide. It also authorized Congress to enact legislation enforcing this prohibition. This amendment was adopted at the urging of a national temperance movement, with proponents believing that alcohol was reckless and destructive and that prohibition would reduce crime and improve society.
The Twentieth Amendment (1933) changed the date on which a new president, vice president, and Congress take office, shortening the time between Election Day and the beginning of their terms. Originally, the Constitution provided that the annual meeting was to be on the first Monday in December unless otherwise provided by law. This meant that when a new Congress was elected in November, it did not come into office until the following March, leaving a "lapse" in governance.
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