Simone Lawson
The Constitution of the United States, commencing with the words We the People, 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 (Congress), the executive (office of the President), and the judicial (Federal court system). The remaining articles describe the relationship between the states and the federal government, establish the Constitution as the supreme law, and outline the amendment and ratification processes. These seven articles, signed on September 17, 1787, and ratified on June 21, 1788, form the foundation of the US government's structure and function.
| Characteristics | Values |
|---|---|
| Number of sections | 7 |
| Date signed | September 17, 1787 |
| Date ratified | June 21, 1788 |
| Number of amendments | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Date first 10 amendments ratified | December 15, 1791 |
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What You'll Learn
Legislative branch (Congress)
The US Constitution, composed of a preamble, seven articles, and 27 amendments, establishes the Legislative Branch (Congress) in Article I. The Legislative Branch consists of the House of Representatives and the Senate, which together form the United States Congress.
The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many presidential appointments, and substantial investigative powers. Each member of Congress is elected to represent a population-based district, with 435 members in the House and 100 members in the Senate (two from each state). The House and Senate have distinct rules and procedures for processing legislation. House rules generally allow a numerical majority to act quickly, while Senate rules favour deliberation and provide individual senators with procedural leverage. Congressional action is typically planned and coordinated by party leaders in each chamber.
The legislative process begins with the introduction of a bill to Congress, which can be written by anyone but must be introduced by a member of Congress. Bills are often introduced at the request of the President, such as the annual federal budget. After introduction, a bill is referred to the appropriate committee for review. There are standing committees in both chambers, composed of members from both parties, who develop and assess legislation. Once a law is enacted, Congress has the prerogative and responsibility to provide oversight of its implementation.
The President has influence in the legislative process, as they can recommend budgets and suggest legislation, and their power to veto legislation can significantly affect the content of bills. While Congress can override a veto with a two-thirds vote in both chambers, it is unusual for a law to be enacted over a presidential veto, so Congress typically accommodates the President's position.
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Executive branch (office of the President)
The seven articles of the US Constitution, signed on September 17, 1787, and ratified on June 21, 1788, form the structural foundation of the nation. The Executive Branch, led by the President, is a crucial component of this structure, tasked with executing the nation's laws and governing effectively.
Article II of the Constitution establishes the Executive Branch, vesting the executive power in the President of the United States. The President, along with the Vice President, is elected for a four-year term. The President serves as the Commander-in-Chief of the nation's military forces and is responsible for conducting diplomacy with other nations. This includes negotiating and signing treaties, which require ratification by two-thirds of the Senate.
The President's role extends beyond foreign affairs, as they possess the power to sign legislation into law or veto bills passed by Congress. However, Congress can override a presidential veto with a two-thirds vote in both houses. Additionally, the President appoints the heads of federal agencies, federal judges, ambassadors, and other key officials. The President also has the authority to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
The Executive Office of the President (EOP) was established in 1939 by President Franklin D. Roosevelt to provide the necessary support for effective governance. The EOP encompasses various offices and agencies, including the White House Office, the National Security Council, the Homeland Security Council, and the Office of Management and Budget. The White House Chief of Staff oversees the EOP and plays a crucial role in managing the President's workload and priorities.
The size of the Executive Branch staff has grown significantly over time, with estimates suggesting 3,000 to 4,000 personnel serving in office staff positions as of 2009. The Vice President, as part of the Executive Branch, maintains an official residence at the United States Naval Observatory and has access to dedicated transportation and aircraft.
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Judicial branch (Federal court system)
The US Constitution outlines a system of government with three branches: the legislative, executive, and judicial. The judicial branch, also known as the federal court system, is a crucial component of this constitutional framework, charged with interpreting and applying the law, resolving disputes, and ensuring justice.
The federal court system is structured into three main levels: district courts, circuit courts, and the Supreme Court. The district courts, numbering 94, serve as the trial courts within the federal system, handling both civil and criminal cases. Each district court has at least one district judge, appointed by the President and confirmed by the Senate for life, who manages the court and its employees. These courts are responsible for determining facts, applying the law, and resolving disputes.
Above the district courts are the 13 circuit courts, also known as the United States courts of appeals. These courts handle appeals from decisions made in the lower district courts. They examine whether the law was applied correctly in the trial court and can send cases back for further review if necessary.
The Supreme Court sits at the apex of the federal court system, serving as the final court of appeal. It has the power to decide on appeals from cases originating in both federal and state courts, particularly when they involve federal law. The Supreme Court's interpretations of the Constitution can place restrictions on lower federal courts, shaping their jurisdiction and authority.
The federal judiciary operates within a system of checks and balances, where it collaborates with and depends on the other branches of government. While the judicial branch interprets and decides on the constitutionality of laws, it relies on the executive branch for enforcement of its decisions. This interplay between the branches ensures a balance of power and prevents any one branch from becoming dominant.
The federal court system, through its hierarchical structure and checks and balances, plays a vital role in administering justice, safeguarding rights, and maintaining the constitutional framework of the United States.
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Rights and responsibilities of state governments
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The seven articles make up the structural constitution and were signed on September 17, 1787, and ratified on June 21, 1788.
The Tenth Amendment to the US Constitution states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." This means that states have all powers not explicitly granted to the federal government by the Constitution. These powers can take many different forms, and states must take responsibility for areas such as highways and roads, which are often shared between state, county, and local governments. Most states have departments of transportation that oversee and administer intrastate transportation.
State governments consist of three branches: executive, legislative, and judicial. The executive branch is headed by a governor who is directly elected by the people and serves a term of two or four years, depending on the state. The governor has the right to veto bills passed by the state legislature, appoint individuals to state agencies and offices, and make amendatory or conditional vetoes by sending a bill back to the legislature with suggested changes. The lieutenant governor presides over the Senate, while the House elects a Speaker who serves as its leader.
The legislative branch in each state consists of a bicameral, or two-house legislature, except for Nebraska, which has a unicameral or single-house system. The two chambers of the bicameral legislature are the upper house, or Senate, and the lower house, which may be called the House of Representatives, Assembly, or House of Delegates. Members of the upper house generally serve longer terms of around four years, while members of the lower house typically serve for two years. The judicial branch is usually led by the state supreme court, which hears appeals from lower-level state courts. Court structures and judicial appointments are determined by either legislation or the state constitution.
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The relationship between states and the Federal Government
The US Constitution, composed of a preamble, seven articles, and 27 amendments, embodies the concept of federalism, which refers to the division and sharing of powers between the national and state governments. The relationship between the states and the federal government is governed by the US Constitution, with the federal government being delegated certain enumerated powers, while all other powers not prohibited by the Constitution are reserved for the states.
The Tenth Amendment, which served as a limit on Congress's power, was rejected by the Court after 1937. However, in the 1990s, the Supreme Court used it again to invalidate federal statutes. The federal government should respect the states' authority to manage their administrative and financial responsibilities, and federal legislation should not infringe upon this authority. States should have flexibility in managing federal funds and establishing advisory groups.
To maintain a balanced relationship between the states and the federal government, governors encourage federal officials to adhere to specific guidelines when creating laws and regulations. Federal action should be limited to situations with clear constitutional authority and problems of a truly national scope. Governors advocate for preserving state sovereignty when legislating or regulating within states. Federal intervention should be limited to instances where national interest is at risk, and preemption of state laws should be avoided unless absolutely necessary.
By upholding federalism, the liberty of individuals is protected from arbitrary power, as no single government has complete jurisdiction over all aspects of public life. The relationship between the states and the federal government is a fundamental aspect of the US Constitution, ensuring a unified national government with limited powers while allowing states to exercise autonomy in their respective spheres.
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Frequently asked questions
The 7 numbered sections of the US Constitution are called Articles.
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). 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.
Sure, Article V, for example, explains the amendment process. It states that 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.
