Omar Bennett
The United States Constitution, which begins with the words We the People, is composed of a preamble, seven articles, and 27 amendments. The seven articles, which make up the structural constitution, outline the three branches of government and their powers, including the legislative, executive, and judicial branches. They also 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 first ten amendments are known as the Bill of Rights, and the entire document serves as a framework for how the government is structured and operates.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Purpose of Articles | To describe the way the government is structured and how it operates |
| First Three Articles | Establish the three branches of government and their powers: Legislative, Executive, and Judicial |
| System of Checks and Balances | Prevents any one of the three branches from becoming dominant |
| Remaining Articles | Describe the relationship of the states to the Federal Government, establish the Constitution as supreme law, and define amendment and ratification processes |
| Preamble | "We the People" |
| Amendments | 27 total, with the first 10 known as the Bill of Rights |
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What You'll Learn
The three branches of government
The United States Constitution is composed of a preamble and seven articles that outline the structure and functioning of the government. The first three articles establish the three branches of government and their powers: the Legislative, Executive, and Judicial branches.
The Legislative Branch, or Congress, is responsible for making laws. Congress is divided into two houses: the House of Representatives and the Senate. This bicameral system was a compromise to balance representation between larger and smaller states. The Legislative Branch also has the power to pass rules of law and punishment, which are granted to the Judicial Branch as Judicial Power.
The Executive Branch is led by the President, who is both the head of state and the head of government. The President's role, qualifications, and duties are outlined in Article II of the Constitution. The Executive Branch also includes the Vice President.
The Judicial Branch, or the Federal Court System, is responsible for interpreting the laws made by the Legislative Branch and ensuring their enforcement. The Supreme Court, as part of the Judicial Branch, has original jurisdiction in certain cases, such as those involving ambassadors, ministers, and consuls, and those respecting foreign nation-states. The Federal courts also have the power to hear cases and controversies, but only when there are adverse parties with a genuine stake in the case.
A system of checks and balances prevents any one of these three branches from becoming dominant, ensuring a balance of power in the government.
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The system of checks and balances
The United States Constitution divides the government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no single branch can dominate the others.
The legislative branch, or Congress, is responsible for making laws. It is divided into two parts, or "houses": the House of Representatives and the Senate. The legislative branch can also check the powers of the executive and judicial branches by impeaching their members.
The executive branch, or the office of the President, can check the legislative branch by vetoing laws passed by Congress. However, this can be overridden by a two-thirds majority vote in both houses of Congress. The President also requires the Senate's consent to appoint executive officers and judges or enter into treaties.
The judicial branch, or the Federal court system, can declare laws made by the legislative branch unconstitutional.
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The relationship of states to the Federal Government
The United States Constitution, composed of a preamble, seven articles, and 27 amendments, outlines the structure and operation of the government. The relationship between the states and the Federal Government is described in Articles IV through VII.
Article IV of the US Constitution outlines the relationship between the states and the federal government, addressing issues such as the admission of new states, the rights and responsibilities of state citizens, and the protection of states from invasion and violence. It also establishes the principle of "full faith and credit," which requires states to recognize the laws, records, and judicial proceedings of other states.
Article V explains the amendment process, which is more difficult than the process for making laws. An amendment must be approved by two-thirds of both the Senate and the House of Representatives, or by two-thirds of the state legislatures applying to Congress, followed by a national convention. Ratification requires the approval of three-fourths of the state legislatures or state conventions.
Article VI establishes the supremacy of federal law over state and local laws. This means that in any conflict between federal and state law, the federal law takes precedence. It also includes the Supremacy Clause, which states that the Constitution, federal laws, and treaties are the supreme law of the land, and the Oath Clause, which sets out the oath of office for federal officials and members of state militias.
Article VII describes the process of ratification for the Constitution itself, requiring special state ratifying conventions. Nine states were required to enact the Constitution, with eleven states initially certifying the ratification. The process of ratification for amendments is outlined in Article V, with a higher threshold required for approval.
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The Constitution as supreme law
The US Constitution, composed of a preamble, seven articles, and 27 amendments, is the supreme law of the land. The seven articles, which make up the structural constitution, were signed on September 17, 1787, and ratified on June 21, 1788. The first three articles establish the three branches of government and their powers: the legislative branch (Congress), the executive branch (the office of the President), and the judicial branch (the federal court system).
The legislative branch, or Congress, is responsible for making laws. Congress is divided into two parts, or "houses": the House of Representatives and the Senate. This bicameral system was a compromise between large and small states, balancing representation based on population with equal representation for each state. The executive branch is headed by the President, who is also the nation's head of state and government. The President's role, as well as that of the Vice President, is outlined in Article II.
The judicial branch, or the federal court system, has the power to enforce judicial decisions and interpret the law. Federal courts have jurisdiction over cases involving ambassadors, ministers, and consuls, as well as controversies subject to federal judicial power. They also handle cases arising under US laws and treaties, international maritime law, and conflicting land grants between states. The federal court system includes the Supreme Court, which has original jurisdiction in certain cases and can exercise judicial review over the actions of Congress and the executive branch.
The Constitution establishes a system of checks and balances to prevent any one branch from becoming dominant. It also outlines the relationship between the states and the federal government, with Article VI stating that federal law takes precedence over state and local laws. The amendment process, described in Article V, allows for changes to the Constitution through a vote by two-thirds of both houses of Congress and three-fourths of the state legislatures or state conventions. This process ensures that the Constitution can be adapted to meet the evolving needs of the nation while maintaining its foundational principles as the supreme law.
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The amendment and ratification processes
The United States Constitution was written with the intention of enduring for ages to come. As such, the process of amending it is deliberately difficult. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. An amendment may be proposed 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.
Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR publishes the joint resolution in slip law format, adding legislative history notes. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory pro.
The Governors then formally submit the amendment to their State legislatures or the state calls for a convention, depending on what Congress has specified. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). 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 the Congress and to the Nation that the amendment process has been completed.
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Frequently asked questions
The US Constitution is made up of a preamble and seven articles.
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.
