Simone Lawson
The Constitution of a country is the fundamental law that outlines the core values of its people. In the United States, the Constitution establishes the design of the legislative branch, including the election of Senators and Representatives, and the powers that Congress holds. The Constitution is influenced by court decisions, particularly those of the Supreme Court, which has the power of judicial review to examine federal legislation and determine its constitutionality. The Supreme Court interprets the Constitution and any laws passed by Congress, ensuring that the representatives' actions align with the authority granted by the Constitution. Amendments to the Constitution can be proposed, and if ratified by three-fourths of the states, they become an operative part of the Constitution. The legislative process involves the introduction of bills, which can become laws with the President's signature, and joint resolutions, which can amend statutes or propose amendments to the Constitution. State legislatures also play a role in influencing federal legislation and proposing amendments. Thus, legislation is integral to the implementation and adaptation of the Constitution, and the two are closely intertwined.
| Characteristics | Values |
|---|---|
| Legislative branch of the US government | Congress |
| Legislative powers | Vested in the Congress of the United States |
| Congress composition | Senate and House of Representatives |
| Senate composition | 100 members, two from each state, elected by the people |
| House of Representatives composition | 435 members elected every two years from among the 50 states |
| Legislative functions | To declare war, grant letters of marque and reprisal, make rules concerning captures on land and water, raise and support armies, call forth the militia, etc. |
| Judicial review | Power of the Court to examine federal legislation, federal executive, and state branches of government to decide their constitutionality |
| Judicial functions | To interpret the Constitution's meaning, as well as the meaning of laws passed by Congress |
| Constitutional amendments | Proposed by two-thirds of both houses of Congress or by a national convention requested by two-thirds of state legislatures |
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What You'll Learn
Legislative branch of the US government
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. This division ensures that no individual or group has too much power. The legislative branch, also known as Congress, is made up of the House of Representatives and the Senate.
Article I of the Constitution establishes the legislative branch and describes its design. It consists of 435 elected members, divided among the 50 states in proportion to their total population. There are also six non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other US territories. The presiding officer of the House of Representatives is the Speaker of the House, who is elected by the Representatives. The Senate, on the other hand, is composed of two Senators from each state, chosen by the legislature for a term of six years.
The legislative branch has significant powers ascribed to it by the Constitution. It is the only branch of the government with the authority to enact legislation and make new laws or change existing ones. It also has the power to declare war, confirm or reject Presidential appointments, and possesses substantial investigative powers. The legislative process begins with the introduction of a bill to Congress. While anyone can write a bill, only members of Congress can introduce legislation. The bill is then referred to the appropriate committee for review, which may undergo changes. Congress can also override a presidential veto by a two-thirds vote in both the Senate and the House of Representatives.
The legislative branch plays a crucial role in the system of checks and balances between the three branches of government. It can confirm or reject the President's nominees for heads of federal agencies and federal judges. In exceptional circumstances, Congress also has the power to remove the President from office. The Supreme Court, whose Justices are nominated by the President and confirmed by the Senate, can exercise judicial review and overturn laws found to be unconstitutional.
The Constitution's Promotion of the Preamble's Intent
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The role of the Supreme Court
The US Supreme Court is the highest court in the nation, with nine judges chosen by the President and confirmed by the Senate. The Supreme Court justices are the final arbiters of the law, interpreting the Constitution and ensuring that the American people receive equal justice under the law. The Supreme Court's role includes hearing cases that challenge the Constitution, interpreting legislation, protecting civil rights, dealing with disputes between states, and overseeing cases involving treaties.
One of the most important powers of the Supreme Court is judicial review, which allows the Court to examine federal legislation, federal executive actions, and state government branches to determine their constitutionality and strike them down if found unconstitutional. Judicial review also empowers the Court to explain the meaning of the Constitution as it applies to specific cases, influencing how constitutional clauses are interpreted without amending the text. The Court's decisions on issues ranging from governmental regulation of media to criminal justice rights have set precedents that shape future interpretations.
The Supreme Court's decisions have a significant impact on society, and it plays a pivotal role in safeguarding American democracy. For example, the Court's rulings address equal protection for transgender individuals and states' authority to regulate gender-affirming care. Additionally, the Court interprets and safeguards civil rights, such as in the case of the Gun Control Act of 1968, where it defined the scope of "firearm" and ensured compliance with licensing, record-keeping, and background check requirements.
The Supreme Court also has jurisdiction over Constitutional issues of state law, but it does so on a case-by-case basis and only when strictly necessary, independent of legislators' motives or policy outcomes. The Court's role in interpreting the Constitution is essential, and its decisions, referred to as precedents, shape how the Constitution is understood and applied in practice. The Court's interpretation of the Constitution can even void legislation contrary to it, preserving the people's authority over legislatures.
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The process of amending the Constitution
The Constitution of the United States is a document that was written "to endure for ages to come". Chief Justice John Marshall wrote these words in the early 1800s, and they ring true today. Amending the Constitution is a difficult and time-consuming process. It has only been amended 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. 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. The latter method has never been used. Once the proposal has passed, Congress decides on the method of ratification. The proposed amendment and the chosen method are sent to the Office of the Federal Register, which copies it in slip law format and submits it to the states.
The proposed amendment becomes operative as soon as it is ratified by three-quarters of the states (38 out of 50). The Office of the Federal Register verifies the ratification documents and drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the Nation that the amendment process is complete.
The way the Constitution is understood is influenced by court decisions, especially those of the Supreme Court. These decisions are referred to as precedents and can change the way constitutional clauses are interpreted without amending the text of the Constitution. Judicial review is the power of the Court to examine federal legislation, the federal executive, and all state branches of government, to decide their constitutionality and strike them down if found unconstitutional.
Constitution's Cultural Significance in America
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The role of state legislatures
One of the key functions of state legislatures is law creation and implementation. They have the power to regulate businesses and courts within their jurisdiction, including determining case types, court fees, and attorney conduct. State legislatures also oversee state departments and agencies, providing a check on the executive branch, which is led by the governor.
State legislatures have the authority to elect officials, including choosing the manner of appointing the state's presidential electors. Historically, state legislatures appointed US Senators until the 17th Amendment mandated direct elections by voters in 1913. Additionally, state legislatures have the power to ratify Constitutional amendments proposed by both houses of Congress and can call for a national convention to propose amendments.
The structure of state legislatures varies, with most states having a bicameral legislature, consisting of a lower chamber, commonly called the “House of Representatives" or "Assembly," and an upper chamber, known as the "Senate." The larger chamber, typically the House of Representatives, has the power to initiate taxing legislation and articles of impeachment. Members of this chamber usually serve for two-year terms and represent larger districts. On the other hand, the smaller chamber, the Senate, has the exclusive power to confirm appointments made by the governor and try articles of impeachment.
It is worth noting that state legislatures often meet for only part of the year, and in some states, legislative sessions occur every other year. This part-time nature of the role has led to the concept of a "citizen legislature," where legislators have other professions for the majority of the year. Despite this, the impact of state legislatures should not be underestimated, as they address many issues that Congress has not, and their decisions can be as important as those made at the federal level.
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The election of Senators and Representatives
The Constitution mandates that Representatives be chosen every second year by the people of the respective states. Each state's electors must meet the qualifications required for electors of the most numerous branch of the state legislature. To become a Representative, an individual must be at least 25 years old, a US citizen for at least seven years, and an inhabitant of the state they represent.
The House of Representatives, consisting of 435 members, is responsible for choosing its speaker and other officers. In the event of vacancies, the executive authority of the state shall issue writs of election to fill those vacancies.
The Senate, on the other hand, is composed of two Senators from each state, serving six-year terms. The Seventeenth Amendment to the Constitution, ratified in 1913, stipulates that Senators shall be "elected by the people thereof," replacing the previous method of being "chosen by the Legislature thereof." This amendment was a response to election reform efforts, such as the "Oregon Plan," and it marked the first time that all senatorial elections were held by popular vote.
The timing of elections for Senators and Representatives is also specified in the Constitution. The Tuesday after the first Monday in November of even-numbered years is designated as Election Day for Representatives, commencing their terms on the third day of January. Similarly, Senators are elected for terms starting on the third day of January, following the regular election for Representatives in the preceding state.
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Frequently asked questions
The US Constitution is the nation's fundamental law. It outlines the core values of the people and serves as a framework for the legislative branch of the US government, including the Congress and the Senate.
Legislation is enacted to implement the Constitution and adapt it to changing conditions. This can subtly change the interpretation of the Constitution. Federal laws and executive agency rules can also impact how the Constitution is understood.
No, the Constitution is the supreme law, and any legislation passed by Congress that conflicts with it is void. The courts play an integral role in upholding the Constitution and can strike down legislation found to be unconstitutional.
The legislative process involves the proposal, ratification, and enactment of laws. Members of Congress can introduce legislation based on election promises, identified needs, or petitions from constituents. Laws can also be enacted at the federal level when requested by state legislatures.
