Eleanor Finch
The Constitution of the United States is the supreme law of the United States of America. It is composed of a preamble, seven articles, and 27 amendments. The first three articles embody the doctrine of the separation of powers, dividing the federal government into the legislative branch (Article I), the executive branch (Article II), and the judicial branch (Article III). Article I, Section 8, enumerates the powers delegated to the legislature. It describes the Congress, the legislative branch of the federal government, and establishes the manner of election and the qualifications of members of each body. The legislative branch is responsible for proposing amendments to the Constitution, which must be ratified by three-fourths of the states or by conventions in three-fourths of the states. The executive branch is led by the President, who is the Commander-in-Chief of the Armed Forces and has the power to make treaties, grant reprieves and pardons, and ensure the laws are faithfully executed. The judicial branch, consisting of the Supreme Court and other federal courts, has the power to enforce judicial decisions and hear actual cases and controversies.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| Election of Representatives | Members chosen every second year by the people of the states |
| Qualifications of Electors | Electors in each state must have the qualifications requisite for electors of the most numerous branch of the state legislature |
| Minimum Age, Citizenship and Residency Requirements for Representatives | 25 years old, US citizen for 7 years, and live in the state they represent |
| Minimum Age, Citizenship and Residency Requirements for Senators | 30 years old, US citizen for 9 years, and live in the state they represent |
| Presidential Oath | To preserve, protect and defend the Constitution |
| Presidential Powers | Commander-in-Chief of the US Armed Forces and state militias; power to make treaties with the advice and consent of two-thirds of the Senate; power to grant reprieves and pardons except in cases of impeachment; power to convene and adjourn Congress under special circumstances |
| Judicial Powers | Federal courts have criminal and civil contempt powers, injunctive relief, habeas corpus remedy, and the power to imprison for contumacy, bad-faith litigation, and failure to obey a writ of mandamus |
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What You'll Learn
- Legislative branch: Congress, consisting of a Senate and House of Representatives
- Executive branch: President and subordinate officers
- Judicial branch: Supreme Court and other federal courts
- State governments and their relationship to the federal government
- Amendments: how they are proposed and ratified
Legislative branch: Congress, consisting of a Senate and House of Representatives
The Constitution of the United States is the supreme law of the United States of America. It establishes a federal government, comprising three branches: the legislative, the executive, and the judicial.
The legislative branch, as described in Article I of the Constitution, is bicameral, consisting of a Senate and a House of Representatives, together known as Congress. This article establishes the manner of election and the qualifications of members of each body. Representatives must meet the following requirements: be at least 25 years old, be a citizen of the United States for seven years, and live in the state they represent. Senators, on the other hand, must be at least 30 years old, have been citizens for nine years, and reside in the state they represent.
The House of Representatives is composed of members chosen every second year by the people of the several states. The electors in each state must meet the qualifications required of electors of the most numerous branch of the state legislature. The Senate, meanwhile, plays a role in the appointment of the President, who is Commander in Chief of the United States Armed Forces and makes treaties with the advice and consent of a two-thirds quorum of the Senate.
Article I, Section 8 enumerates the powers delegated to Congress, while Section 9 lists specific limits on congressional power. Congress can propose amendments to the Constitution when deemed necessary by two-thirds of both Houses, or when two-thirds of the states request it. These amendments become valid when ratified by three-fourths of the state legislatures or conventions.
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Executive branch: President and subordinate officers
The Executive Branch of the US government is headed by the President, who acts as the Commander-in-Chief of the armed forces and is responsible for implementing and enforcing the laws written by Congress. The President is supported by the Vice President, who assumes the Presidency if the President is unable to serve and also presides over the US Senate, breaking ties in Senate votes.
The President has the power to issue executive orders, which direct executive officers or clarify and help implement existing laws. They can also exercise diplomacy, negotiate and sign treaties, and appoint the heads of Federal agencies, including the Cabinet, Federal judges, ambassadors, and other Federal officials. The President can sign legislation into law or veto bills passed by Congress, although Congress can override a veto with a two-thirds vote of both houses. The President has unlimited power to extend pardons and clemencies for federal crimes, except in cases of impeachment.
The Executive Branch also includes the Executive Office of the President (EOP), which consists of the President's immediate staff and entities like the Office of Management and Budget. The EOP was created in 1939 to provide the President with the support needed to govern effectively. The Vice President has an office in the West Wing of the White House, as well as in the nearby Eisenhower Executive Office Building, and maintains an official residence at the United States Naval Observatory in Washington, D.C.
The Cabinet is an advisory body made up of the heads of 15 executive departments, appointed by the President and confirmed by the Senate. They are often the President's closest confidants. The Executive Branch also includes other executive agencies, such as the CIA and Environmental Protection Agency, whose leaders are under the full authority of the President.
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Judicial branch: Supreme Court and other federal courts
The US Constitution, the supreme law of the United States of America, delineates the frame of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The judicial branch, outlined in Article III, consists of the Supreme Court and other federal courts. This article grants judicial power to federal courts, including criminal contempt and civil contempt powers, injunctive relief, and the habeas corpus remedy. Federal courts can imprison for contumacy, bad-faith litigation, and failure to obey a writ of mandamus. Judicial power also includes that granted by Acts of Congress for rules of law and punishment, and extends to areas not covered by statute. However, federal courts generally cannot interrupt state court proceedings. Clause 1 of Section 2 authorizes federal courts to hear only actual cases and controversies. Their judicial power does not extend to hypothetical cases or those proscribed due to standing, mootness, or ripeness issues.
The Supreme Court, as part of the judicial branch, plays a crucial role in interpreting the Constitution. In McCulloch v. Maryland (1819), the Supreme Court interpreted the Necessary and Proper Clause in Article One to allow Congress to enact legislation beyond its enumerated powers, as long as it was necessary and proper for carrying out its duties. Chief Justice Marshall's opinion in this case set a precedent for interpreting the Constitution in a way that ensures the federal government can function effectively and act in the best interests of the people.
The President of the United States is the Commander in Chief of the Armed Forces and the state militias. They have the power to grant reprieves and pardons, except in cases of impeachment. The President also makes treaties with the advice and consent of a two-thirds quorum of the Senate. The President ensures the laws are faithfully executed and can require the opinions of principal officers, as well as make "recess appointments" during Senate recesses.
The Constitution outlines the powers and responsibilities of the judicial branch, including the Supreme Court and federal courts, to ensure justice is upheld and that the federal government functions effectively within the boundaries set forth in the Constitution.
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State governments and their relationship to the federal government
The US Constitution outlines the relationship between state governments and the federal government, with a system of checks and balances in place to ensure a balance of power. The Constitution establishes a federal system of government, with specific powers delegated to the federal government and the remaining powers reserved for the states. This system was designed to protect against the abuse of power and ensure that states retained a level of autonomy.
The federal government is given specific powers, such as the ability to coin money, regulate commerce, and declare war. The Constitution also establishes a bicameral legislature, with the House of Representatives and the Senate sharing legislative power. The President, as head of the executive branch, is given powers such as the ability to grant pardons and make treaties, but these powers are checked by the Senate.
The states, on the other hand, have their own governments with their own constitutions, which are subordinate to the US Constitution. They have powers in areas such as public education, state militia, and local law enforcement. The states also have a voice in the federal government through their representation in the House of Representatives and the Senate.
The Constitution also provides a mechanism for amending itself, with Amendments proposed by Congress or state legislatures. This process ensures that the Constitution can adapt to changing circumstances and address issues that may not have been foreseen by the Founding Fathers. The Amendments to the Constitution, such as the Bill of Rights, have played a significant role in shaping the relationship between state and federal governments, with the Supreme Court interpreting these Amendments and applying them to specific cases.
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Amendments: how they are proposed and ratified
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. Amending the Constitution is, therefore, a difficult and time-consuming process.
Amendments to the Constitution 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 state legislatures. Once proposed, an amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
Congress proposes an amendment in the form of a joint resolution, which 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. 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 text of the amendment.
The OFR retains these documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation. When 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.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including sometimes the President.
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Frequently asked questions
The US Constitution is made up of a Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights.
Article I describes the Congress, the legislative branch of the federal government. It establishes the manner of election and the qualifications of members of each body.
Article II covers the executive, consisting of the President and subordinate officers. The President is Commander in Chief of the US Armed Forces and makes treaties with the advice and consent of a two-thirds quorum of the Senate.
The Constitution grants federal courts criminal and civil contempt powers to enforce judicial decisions. Federal courts can also grant injunctive relief and the habeas corpus remedy. Judicial power includes that granted by Acts of Congress for rules of law and punishment, and extends to areas not covered by statute.
The Congress can propose amendments whenever two-thirds of both Houses deem it necessary. Amendments can also be proposed by a Convention called for by two-thirds of state legislatures. Amendments must then be ratified by three-fourths of state legislatures or conventions.
