Simone Lawson
The US Constitution is composed of a preamble and seven articles that outline the structure and operation of the government. The first three articles establish the three branches of government: the legislative, executive, and judicial, with a system of checks and balances to prevent any one branch from becoming dominant. The fourth through seventh articles describe the relationship between the states and the federal government, the amendment and ratification processes, and define the powers of each branch. The US Constitution also outlines the process of removing the president and other federal officers, with Article II describing the office, qualifications, and duties of the president and vice president.
| Characteristics | Values |
|---|---|
| Number of parts | 4 main parts, including a preamble, 7 articles, and 27 amendments |
| First three articles | Establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system) |
| System of checks and balances | Prevents any one of the three separate powers from becoming dominant |
| Articles four through seven | Describe the relationship of the states to the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes |
| Article I | Assigns the responsibility for making laws to the Legislative Branch (Congress) |
| Congress | Divided into two parts, or “Houses,” the House of Representatives and the Senate |
| Article II | Describes the office, qualifications, and duties of the President of the United States and the Vice President |
| Article III | Describes the court system (the judicial branch), including the Supreme Court |
| Article V | Explains the amendment process, which is different and more difficult than the process for making laws |
| Article VI | States that Federal law is supreme, or higher than, state and local laws |
| Article VII | Describes the ratification process for the Constitution |
| Amendment process | When two-thirds of the Senate and two-thirds of the House of Representatives vote to change the Constitution, an amendment goes to the state legislatures for a vote |
| Alternatively, two-thirds of the state legislatures can submit an application to Congress, and then Congress calls a national convention at which states propose amendments | |
| Ratification process | Three-fourths of the state legislatures or state conventions must vote in favor of an amendment to ratify it |
Explore related products
What You'll Learn
The three branches of government
The United States Constitution establishes a federal system of government based on three distinct branches: the legislative, executive, and judicial branches. Each branch has its own unique role and responsibilities, which are outlined in the first three articles of the Constitution.
The Legislative Branch, also known as Congress, is responsible for making laws. It is divided into two chambers: the House of Representatives and the Senate. The House of Representatives is the lower house of the legislative branch, with members elected directly by the people. The number of representatives each state has in the House is based on its population. On the other hand, the Senate, or the upper house, represents the interests of the states. Each state has two senators, regardless of its population. The legislative branch is responsible for creating and passing laws, as well as overseeing the federal budget and approving presidential appointments.
The Executive Branch is headed by the President of the United States, who is both the head of state and the head of government. The president's primary role is to enforce the laws created by the legislative branch. They are also responsible for conducting foreign policy, commanding the armed forces, and appointing federal officers with the advice and consent of the Senate. The Vice President supports the President and assumes their duties in their absence or incapacity.
The Judicial Branch, also known as the Federal Court System, is responsible for interpreting the laws and ensuring they are applied fairly and consistently. It is comprised of the Supreme Court and lower federal courts established by Congress. The Judicial Branch hears cases involving the interpretation of the Constitution, federal laws, and treaties, as well as those that involve disputes between states or between a state and a citizen of another state. The Supreme Court, as the highest court in the land, has the final say on these matters and its decisions are binding on all lower courts.
The Constitution establishes a system of checks and balances among these three branches to prevent any one branch from becoming too powerful. Each branch has specific powers and responsibilities, as well as limitations, to ensure a balanced distribution of power. This system ensures that the government functions effectively while also protecting the rights and freedoms of its citizens.
Thomas Paine's Influence on the US Constitution
You may want to see also
The office, qualifications and duties of the President
The US Constitution outlines the office, qualifications, and duties of the President in Article II.
Qualifications
To be eligible for the office of President, one must be a natural-born citizen of the United States and at least 35 years old. They must also have been a resident of the US for at least 14 years.
Duties
The President is the head of the executive branch of the federal government, as well as the nation's head of state and head of government. As the Commander in Chief, the President has the power to commit troops to conflicts with congressional approval, even without a formal declaration of war. The President can recommend bills to Congress and hold meetings with party leaders to influence bills that may become law. They are responsible for ensuring that the laws of the nation are executed faithfully and for commissioning all the officers of the United States. The President also has the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
Powers
The President has the power to fill up vacancies that may happen during the recess of the Senate by granting commissions, which expire at the end of the next Senate session. They can convene both Houses of Congress and, in the case of disagreement, adjourn them to a time of their choosing. The President also has the power to recommend measures to Congress for their consideration and receive ambassadors and other public ministers.
Removal
The President, Vice President, and all civil officers of the United States can be removed from office on impeachment and conviction of treason, bribery, or other high crimes and misdemeanors.
Vital Constitution Elements Every Citizen Should Know
You may want to see also
The court system
The United States Constitution establishes a federal court system, which is one of the three branches of government. The judicial branch is described in Article III, which includes the Supreme Court. The article outlines the kinds of cases the court takes as original jurisdiction, and it gives Congress the power to create lower courts and an appeals process. Congress can also enact laws that define crimes and punishments.
Article III also protects the right to a trial by jury in all criminal cases and defines the crime of treason. It vests the judicial power of the United States in federal courts, giving them the authority to interpret and apply the law to specific cases. This includes the power to punish, sentence, and direct future action to resolve conflicts.
The Supreme Court has ruled on several significant issues, including reserved powers for the states or the people, such as laws affecting family relations, commerce within a single state, abortion, and local law enforcement. The Eleventh Amendment, for example, prohibits federal courts from hearing cases where a state is sued by an individual from another state or country, granting states sovereign immunity from certain legal liabilities.
The Necessary and Proper Clause, as interpreted by the Supreme Court in McCulloch v. Maryland (1819), allows the federal government to take action to perform its duties in the manner most beneficial to the people, even if that action is not explicitly within its enumerated powers. This interpretation grants the federal government significant flexibility in carrying out its responsibilities.
Executive Branch: Understanding Its Major Components
You may want to see also
Explore related products
$0.99 $13.25
The amendment process
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. Amending the Constitution is a difficult and time-consuming process. The idea for an amendment must be of major impact, affecting all Americans or securing the rights of citizens.
The Constitution provides that an amendment may be proposed either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures. The Congress proposes an amendment in the form of a joint resolution. The joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format.
Once the OFR verifies that it has received the required number of authenticated ratification documents, it 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 and serves as official notice to Congress and the Nation that the amendment process has been completed. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
The Preamble: An Essential Part of the Philippine Constitution
You may want to see also
The relationship of the states to the Federal Government
The relationship between the states and the federal government in the US is a complex one, with many facets, from legal and financial to political, and has varied from cordial to combative. The US Constitution governs this relationship, delegating certain powers to the federal government while reserving all other powers not prohibited by the Constitution to the states.
The federal government has the authority to intervene to enforce national laws, protect federal property, or protect the country, even without the governor or legislature's request. The Constitution also guarantees each state a republican form of government, although this is subject to various interpretations. The federal government also has the power to act in areas such as family relations, commerce within a state's borders, abortion, and local law enforcement activities, as ruled by the Supreme Court.
On the other hand, governors believe that federal action should be limited to the duties and powers delegated to the federal government under the Constitution, preserving state sovereignty when legislating or regulating activity in the states. Governors also encourage federal officials to adhere to certain guidelines when developing laws and regulations, including limiting federal action to situations where constitutional authority is clear and certain, and to problems that are truly national in scope.
The relationship between the states and the federal government is vital to serving the interests of all citizens, and a strong, cooperative relationship is ideal. This includes recognizing the unique nature of the federal system and developing a close working relationship, while also preserving state autonomy in areas where problems can be best addressed at the state and local levels.
In conclusion, the relationship between the states and the federal government in the US is a delicate balance of shared powers and responsibilities, with the Constitution providing a framework for cooperation and conflict resolution.
The Constitution's Relevance in Today's World
You may want to see also
Frequently asked questions
The US Constitution is composed of a preamble, seven articles, and 27 amendments, of which the first 10 are known as the Bill of Rights.
The first three articles establish the three branches of government and their powers: the Legislative Branch (Congress), the Executive Branch (office of the President), and the Judicial Branch (Federal Court System).
Articles four through seven describe the relationship of the states to the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes.
Article VII describes the ratification process for the Constitution. It called for special state ratifying conventions, with nine states required to enact the Constitution.
