Omar Bennett
The US Constitution is a living document that has proven stable and flexible enough to survive and remain effective for over 200 years. It is composed of a preamble, seven articles, and 27 amendments, the first 10 of which are known as the Bill of Rights. The Constitution has three main functions: it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches; it divides power between the federal government and the states; and it protects various individual liberties of American citizens. The Constitution's framework owes much to the history that led to its drafting, with the limitations placed on the federal government and each of its branches serving as a reaction to the tyranny of British rule.
| Characteristics | Values |
|---|---|
| Purpose | To "establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity." |
| Number of Articles | 7 |
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| First Amendment | Protects people against unreasonable searches and seizures of either self or property by government officials |
| Fourth Amendment | Protects the right to keep and bear arms |
| Fifteenth Amendment | Prohibits the use of race, colour, or previous condition of servitude in determining which citizens may vote |
| Supremacy Clause | States that federal law is supreme over state law |
| Necessary and Proper or Elastic Clause | States that Congress has the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." |
| Checks and Balances | Congress passes legislation, but the president can veto it; Congress can override the president's veto; the Supreme Court can declare legislation passed by Congress and signed by the president unconstitutional; the Supreme Court can also declare presidential or executive branch actions unconstitutional; Supreme Court decisions can be undone by Congress and the states; presidential appointments to the judicial and executive branches require Senate approval; treaties signed by the president require Senate approval |
| Judicial Review | Federal courts can declare a statute enacted by Congress to be in violation of the Constitution and therefore invalid |
| Division of Power | Between the national government and the state governments (federalism); between the federal government and the states; between the legislative, executive, and judicial branches |
Explore related products
![The Original and Derived Features of the Constitution of the United States of America / Zur Erlangung Der Doctor Wurde Vorgelegt Von James Harvey Robinson 1890 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
What You'll Learn
The US Constitution is a 'living' document
The US Constitution is a living document that has proved stable and flexible enough to survive and remain effective in a world totally different from the one in which it was written. It is the foundation of the Federal Government and is often called the supreme law of the land. No law may be passed that contradicts its principles, but it is flexible and allows for changes in the government.
The Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The Preamble describes the purpose of the document and the Federal Government. The seven articles establish how the government is structured and how the Constitution can be changed. The Amendments list changes to the Constitution.
The Constitution has three main functions. Firstly, it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. Secondly, it divides power between the federal government and the states. Thirdly, it protects various individual liberties of American citizens.
The Constitution's framework owes much to the history that led to its drafting. The limitations placed on the federal government and each of its branches were a reaction to the tyranny of British rule, and especially the tyranny of the single monarch. The three separate government institutions are allowed to meddle in each other's business. The term "checks and balances" does not appear in the Constitution, but the practice is woven throughout the document in a very intentional and strategic fashion.
Salmon Superpowers: Strengthening Your Eight Constitution Regimen
You may want to see also
It establishes a Federal democratic republic
The US Constitution establishes a Federal democratic republic. This means that the US Constitution is the foundation of the Federal Government, which is also referred to as the "supreme law of the land". The Federal Government is divided into three branches: the executive, legislative, and judicial.
The executive power is invested in the President, who can veto legislation passed by Congress. The legislative power is given to Congress, which is made up of the House of Representatives and the Senate. The judicial power is vested in the Supreme Court and other federal courts created by Congress.
The Constitution provides a system of checks and balances among the three branches to avoid the tyranny of any one branch. For example, while Congress can override the President's veto with a supermajority in both chambers, presidential appointments to the judicial and executive branches require Senate approval.
The Necessary and Proper Clause, also known as the Elastic Clause, has allowed the national government to expand its powers into areas not anticipated by the founders. For instance, Congress has set a minimum wage, which is not explicitly mentioned in the Constitution but has been justified by the Elastic Clause.
The US Constitution also divides power between the federal government and the states, a division of authority referred to as "federalism". The federal government has broad powers over the states, but these powers are limited to those enumerated in the Constitution. State laws that conflict with the Constitution or federal law are preempted.
Public School Random Searches: What Are the Legal Boundaries?
You may want to see also
The three branches of government
The United States Constitution is a bold experiment in democracy, establishing a federal democratic republic. It is a "living" document that has proven stable and flexible enough to survive and remain effective in a world totally different from the one in which it was written.
The Constitution establishes a national government consisting of three branches: the legislative, the executive, and the judicial. These three branches are separate and independent, with each having its own unique role and powers.
The legislative branch, or Congress, is responsible for passing legislation. It consists of the House of Representatives and the Senate, with each state having proportional representation based on its population. The legislative branch also has the power to override the president's veto with a supermajority in both chambers and to reject presidential nominations.
The executive branch is headed by the President, who has the power to veto legislation passed by Congress. The President also has the power to nominate members of the Supreme Court and sign treaties, both of which require Senate approval.
The judicial branch, or the Supreme Court, is responsible for interpreting the Constitution and ensuring that the laws of the nation are consistent with it. It has the power to declare laws or actions of the other branches unconstitutional. The Supreme Court's power of judicial review, established in the landmark case of Marbury v. Madison in 1803, allows it to invalidate statutes enacted by Congress that violate the Constitution.
The system of checks and balances among the three branches is a key feature of the US Constitution. This system ensures that no one branch becomes too powerful and provides a mechanism for controlling and limiting the powers of each branch. For example, while Congress passes laws, the President can veto them, and the Supreme Court can declare those laws unconstitutional. Similarly, the President's actions can be checked by the Supreme Court, and the Congress can override a presidential veto. This system of checks and balances helps maintain a balance of power and protects against the tyranny of any one branch.
Protecting Our Freedoms: National Security and the Constitution
You may want to see also
Explore related products
The system of checks and balances
The US Constitution divides the government into three branches: the legislative, executive, and judicial. Each branch has specific powers and is designed to check the power of the others, creating a separation of powers. This system of checks and balances is intended to prevent any one branch from becoming too powerful and protect individual liberties.
The legislative branch, consisting of Congress (the Senate and the House of Representatives), has the power to make laws, declare war, regulate commerce, and control spending. It can check the executive branch by impeaching the president or members of their administration, passing treaties, determining the budget, and through the power of Congressional committees and investigative powers. The legislative branch can also check the judicial branch by voting to impeach federal judges and determining the jurisdiction of federal courts.
The executive branch, led by the president, is responsible for enforcing laws and administering federal agencies. It can check the legislative branch by vetoing laws passed by Congress. The executive branch can also check the judicial branch by nominating Supreme Court judges when vacancies arise.
The judicial branch, headed by the Supreme Court, interprets laws and determines how lower courts apply them. It can check the legislative branch by declaring laws passed by Congress unconstitutional and can check the executive branch by overturning presidential vetoes deemed unconstitutional.
The Supreme Court's Original Constitutional Mention
You may want to see also
Protecting individual liberties
The US Constitution is a "living" document that has proved stable and flexible enough to survive and remain effective in a world totally different from the one in which it was written. It is the foundation of the Federal Government and is often called the supreme law of the land. No law may be passed that contradicts its principles.
The Constitution has three main functions. The first is to create a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. The second is to divide power between the federal government and the states. The third is to protect various individual liberties of American citizens.
The Constitution provides a system of checks and balances designed to avoid the tyranny of any one branch. Most important actions require the participation of more than one branch of government. For example, Congress passes laws, but the President can veto them, and Congress can override the President's veto with a supermajority in both chambers.
The Constitution also limits the powers of the states in relation to one another. The federal government is very strong, with much power over the states, but it is limited to the powers enumerated in the Constitution. Powers not delegated to the federal government, nor prohibited to the states, are reserved for the states or the people.
The Fourth Amendment (1791) protects people against unreasonable searches and seizures of either self or property by government officials. A search can mean anything from a frisking by a police officer to a demand for a blood test or a search of an individual's home or car. A seizure occurs when the government takes control of an individual or something in their possession. Items that are seized are often used as evidence when the individual is charged with a crime.
The Fifteenth Amendment (1870) prohibits the use of race, colour, or previous condition of servitude in determining which citizens may vote. This amendment sought to abolish one of the key vestiges of slavery and to advance the civil rights and liberties of citizens.
The Constitution's Religious Freedom Definition
You may want to see also
