Omar Bennett
The US Constitution, beginning with the words We the People, is the oldest written national constitution still in use. It defines the basic framework of the federal government and the rights of citizens. The Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The US Constitution is a product of political compromise, with debates over issues such as states' rights, representation, and slavery. Amendments to the Constitution must be properly adopted and ratified before they can be implemented. The process involves two steps: the proposal and ratification of the amendment, with specific requirements for each step. The US Constitution has been amended several times, including the Fifteenth Amendment (1870) and the Nineteenth Amendment (1920).
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What You'll Learn
The US Constitution's seven articles
The US Constitution, written over 200 years ago, consists of seven articles that outline the core components of how the government should run the country. The seven articles are as follows:
Article I – The Legislative Branch
The Legislative Branch's primary function is to create laws. It is divided into two chambers: the House of Representatives and the Senate. Congress, a legislative entity with the authority to draft and enact legislation, borrow money for the country, declare war, and raise an army, is also part of the Legislative Branch. It also has the authority to oversee and balance the other two federal branches.
Article II – The Executive Branch
The Executive Branch of the government is responsible for the daily operations of the government through various federal departments and agencies, such as the Department of Treasury. The President takes an oath to "faithfully execute" their responsibilities and to "preserve, protect, and defend the Constitution of the United States." The Executive Branch also has the power to make treaties with other nations, appoint federal judges, department heads, and ambassadors, and determine how to manage the country and military operations.
Article III – The Judicial Branch
Article III outlines the powers of the federal court system. The US Supreme Court is the court of last resort, and the US Congress decides the size and scope of the lower courts. Unless they resign or are impeached for bad behaviour, all judges are appointed for life. Those facing charges will be judged by a jury of their peers.
Article IV – The States
Article IV defines the relationship between the states and the federal government.
Article V – Amendment
Article V allows future generations to amend the Constitution as per societal requirements. Both the states and Congress can initiate the amendment process. Amendments still include the original text, although provisions repealed by amendments are usually bracketed or italicised to indicate they no longer apply.
Article VI – Debts, Supremacy, Oaths
Article VI declares that the US Constitution and all laws made from it are the "supreme Law of the Land." All officials must swear an oath to the Constitution.
Article VII – Ratification
Article VII details the procedure used by the original 13 states to ratify the Constitution, listing all the people who signed it. The Constitution was ratified on June 21, 1788, and officially enacted on March 4, 1789.
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Amendments and the Bill of Rights
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The Bill of Rights was added to the Constitution because the Constitution lacked limits on government power. Federalists advocated for a strong national government, while Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty.
James Madison wrote the first 10 amendments as a solution to limit government power and protect individual liberties through the Constitution. The amendments were ratified on December 15, 1791, and form what is known as the "Bill of Rights". The first Congress of the United States proposed 12 amendments to the Constitution, of which 10 were ratified by three-fourths of the state legislatures. The first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, the executive, and the judicial.
Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure used by the 13 states to ratify it. There are two steps in the amendment process. Proposals to amend the Constitution must be properly adopted and ratified before they can change the Constitution. The proposal must be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures.
The Bill of Rights includes the freedom of speech, freedom of religion, and the right to bear arms. It also includes the right to be free from unreasonable government intrusion in citizens' homes and the right to vote regardless of race, colour, or previous conditions of servitude.
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The legislative branch
The US Constitution, beginning with the words "We the People", is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial.
The Senate and the House of Representatives have distinct roles and responsibilities. The Senate is composed of Senators who represent each state, with each state having two senators. The qualifications to become a Senator include being at least 30 years old, a citizen of the United States for nine years, and an inhabitant of the state for which they are chosen. The Senate is presided over by the Vice President of the United States, who only has a vote in the case of a tie.
On the other hand, the House of Representatives is composed of members chosen every second year by the people of the states. The representatives must be at least 25 years old, citizens of the United States for seven years, and inhabitants of the state they represent. The number of representatives from each state is proportional to the state's population, including the "three-fifths" of the other persons bound to service for a term of years.
Furthermore, the legislative branch has the power to constitute tribunals inferior to the Supreme Court and to exercise exclusive legislation over a district not exceeding ten miles square, which may be ceded by particular states. They also hold the power to regulate the manner of holding elections for senators and representatives, including the times and places, although Congress can make or alter these regulations.
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The executive branch
The US Constitution outlines the framework of the federal government, which is divided into three branches: the legislative, executive, and judicial. The executive branch, as per Article II of the Constitution, consists of the President, who is both the head of state and head of government, along with subordinate officers. The President is the Commander-in-Chief of the Army, Navy, and Militia of the United States. The President is also responsible for executing the laws, granting reprieves and pardons (except in cases of impeachment), and making treaties with the advice and consent of the Senate.
To be eligible for the Office of the President, one must be a natural-born citizen of the United States, at least 35 years old, and have been a resident of the United States for at least 14 years. Before assuming office, the President must take an oath to "preserve, protect and defend the Constitution of the United States."
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The judicial branch
The US Constitution establishes three branches of the federal government: the legislative, executive, and judicial. The judicial branch, also known as the third branch, consists of the Supreme Court and other federal courts. The Supreme Court is the highest court in the land and acts as the court of last resort for those seeking justice. It plays a crucial role in the constitutional system of government.
Article III of the US Constitution establishes the judicial branch, which includes the Supreme Court and other federal courts. The Supreme Court has the power of judicial review, allowing it to determine the constitutionality of federal laws and resolve cases involving federal laws. It also has appellate jurisdiction, enabling it to hear cases on appeal that involve constitutional, federal, or admiralty law. The Supreme Court's decisions have a significant impact on society, as it ensures that the government operates within its defined powers and protects the civil rights and liberties of Americans.
The Supreme Court consists of one Chief Justice and eight Associate Justices, who 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. These protections ensure the independence of the judiciary from political influence.
The lower federal court system includes 13 appellate courts, also known as the US Courts of Appeals, and 94 district or trial courts called US District Courts. The appellate courts review whether the law was correctly applied in the lower courts or federal administrative agencies. District courts resolve disputes by determining the facts and applying the relevant laws. There are also 90 bankruptcy courts that help individuals and businesses facing insolvency.
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Frequently asked questions
The US Constitution is a written document that defines the basic framework of the federal government, the rights of citizens, and the rights and responsibilities of state governments. It is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights.
The US Constitution was written in the summer of 1787 in Philadelphia, Pennsylvania, by 55 delegates to a Constitutional Convention. It was signed on September 17, 1787, and ratified on June 21, 1788. The first 10 amendments were ratified on December 15, 1791.
There are two steps in the amendment process. First, a proposal for an amendment must be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures. Second, the proposed amendment must be ratified by three-fourths of the states (currently 38 of 50).
