Omar Bennett
The United States Constitution is the supreme law of the United States of America. It consists of a preamble and seven articles that outline the structure and operation of the three branches of government: the legislative (Congress), the executive (office of the President), and the judicial (Federal court system). The first three articles establish these three branches and their powers, with a system of checks and balances to prevent any one branch from becoming dominant. Articles four through seven describe the relationship between the states and the Federal Government, establish the Constitution as the supreme law, and define the amendment and ratification processes. The six parts of the Constitution, in order, are: Preamble, Article I, Article II, Article III, Article IV, Article V, and Article VI.
Explore related products
What You'll Learn
The Preamble
The United States Constitution is a document that outlines the structure and operation of the country's government. It is comprised of a preamble and seven articles, the first three of which establish the three branches of government: the Legislative (Congress), Executive (Office of the President), and Judicial (Federal Court System).
By ordaining and establishing the Constitution, the document's authors aimed to create a nation that was united, just, peaceful, and committed to the welfare and liberty of its citizens. The Preamble sets the foundation for the rights and responsibilities outlined in the subsequent articles of the Constitution.
The Constitution's Ban on Cruel and Unusual Punishment
You may want to see also
The three branches of government
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much authority.
The first three articles of the Constitution establish the three branches of government and their powers. The legislative branch, also known as Congress, is responsible for making laws. It consists of two parts, or "Houses": the House of Representatives and the Senate. The bicameral Congress was a compromise between large and small states, balancing representation based on population with equal representation for each state. The legislative branch also includes special agencies and offices that provide support services to Congress.
The executive branch is led by the President, who is the head of state, leader of the federal government, and Commander-in-Chief of the armed forces. The Vice President supports the President and assumes their role if they are unable to serve. The executive branch also includes executive departments, independent agencies, and other boards, commissions, and committees. Cabinet members, including the Vice President, heads of executive departments, and other high-ranking government officials, serve as advisors to the President.
The judicial branch, or the Federal court system, consists of the Supreme Court and other federal courts established by Congress. The Supreme Court is the highest judicial power in the United States, and its decisions are final and binding. The Federal Judicial Center is the education and research agency for the federal courts.
The Constitution's Outlaw of Slavery: A Historical Perspective
You may want to see also
The relationship of states to the Federal Government
The United States Constitution establishes a federal system of government, with powers shared between the national government and the states. The Constitution's first three articles establish the three branches of the federal government and their powers: the Legislative (Congress), the Executive (Office of the President), and the Judicial (Federal Court System). The system of checks and balances prevents any one of these powers from becoming dominant.
Articles four through seven describe the relationship between the states and the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes.
The federal government sets up nationwide programs and policies, which are then implemented by the state governments. The federal government has the authority to intervene to enforce national laws, protect federal property, and protect the country. It also has the power to make laws regarding issues such as education and the environment, which are then carried out by the states. For example, the federal government manages critical and emergency issues in education, while the states are responsible for maintaining public schools and colleges and developing curricula. The federal government also has the power to enact nationwide legislation to protect the environment and the health of citizens, with each level of government taking its primary environmental protection duties seriously.
The relationship between the federal government and the states can be cooperative, with disagreements resolved through bargaining and negotiation. However, it can also be combative, with the national government using coercive measures to pressure state officials to follow national policies. The federal government can also extend the reach of state law into other jurisdictions, strengthening its policies.
The Preamble: An Intro or Part of Constitution?
You may want to see also
Explore related products
The amendment process
The United States Constitution has been amended only 27 times since 1787, including the first ten amendments adopted in 1790 as the Bill of Rights. The process of amending the Constitution is intentionally difficult and time-consuming. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two ways in which an amendment can be proposed. Firstly, the Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a role in this process, and the joint resolution is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The other method is for two-thirds of state legislatures to submit an application to Congress, which then calls a national convention at which states propose amendments. However, this method has never been used for any of the 27 amendments to the Constitution.
Once an amendment has been proposed, the Archivist of the United States is responsible for administering the ratification process. The Archivist delegates many of the duties associated with this function to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and an authenticating signature. When a proposed amendment is ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution. The Director of the Federal Register then drafts a formal proclamation for the Archivist to certify that the amendment is valid, which is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
The Building Blocks of Scientific Nomenclature
You may want to see also
Federal law is supreme
The US Constitution is comprised of a preamble and seven articles that outline the structure and function of the government. The first three articles establish the three branches of government and their powers: the Legislative (Congress), Executive (Office of the President), and Judicial (Federal court system). The remaining articles describe the relationship between the states and the Federal Government, establish the Constitution as the supreme law of the land, and outline the amendment and ratification processes.
Article VI of the US Constitution, also known as the Supremacy Clause, establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land". This means that federal law is supreme, or higher than, state and local laws. In other words, if a state law conflicts with a federal law, federal law takes precedence. The Supremacy Clause ensures that state courts are bound by, and state constitutions are subordinate to, the supreme law.
The Supremacy Clause was introduced as part of the New Jersey Plan during the Federal Convention of 1787, where it passed unanimously. James Wilson, during Pennsylvania's ratifying convention in late 1787, stated, "the power of the Constitution predominates. Anything, therefore, that shall be enacted by Congress contrary thereto, will not have the force of law." Alexander Hamilton also writes about the Supremacy Clause in Federalist No. 33, stating that federal laws, by definition, must be supreme. James Madison, in Federalist No. 44, defends the Supremacy Clause as vital to the functioning of the nation. He argues that having the federal government subservient to various state constitutions would be an inversion of the principles of government.
The Supremacy Clause has been applied in various court cases, such as Ware v. Hylton in 1796, where the US Supreme Court ruled that a treaty superseded conflicting state law. In the case of Villas at Parkside Partners v. City of Farmers Branch, the Court affirmed the lower court's decision that an ordinance passed by the City of Farmers Branch conflicted with pre-existing federal law. These cases illustrate the practical application of the Supremacy Clause and reinforce the principle that federal law is supreme over state and local laws.
The Declaration of Independence: Precursor to the Constitution?
You may want to see also
