Omar Bennett
The United States Constitution, originally intended as a revision of the Articles of Confederation, introduced a new form of government. It is composed of a preamble and seven articles, which outline the structure and operation of the government. The first three articles establish the three branches of government and their powers: the legislative, executive, and judicial branches. The remaining four articles describe the relationship between the states and the federal government, as well as the amendment and ratification processes. These articles provide a framework for the functioning of the US government and the relationship between the federal and state governments.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Date of Signing | September 17, 1787 |
| Date of Ratification | June 21, 1788 |
| Date of Submission to Congress | September 20, 1787 |
| Number of States Represented at Ratification | 13 |
| Number of States Required for Ratification | 9 |
| Number of Amendments | 27 |
| First 10 Amendments | Bill of Rights |
| Amendment Process | As per Article V, requires a two-thirds majority in both houses of Congress or two-thirds of state legislatures applying to Congress, followed by three-fourths of state legislatures or state conventions |
| Federal Law vs. State Law | Article VI states that Federal law is supreme to state and local laws |
| Judicial Review | Based on jurisdictional authority in Article III and the Supremacy Clause |
| First Three Articles | Establish the three branches of government: Legislative (Congress), Executive (President), and Judicial (Federal Court System) |
| Article I | Assigns law-making responsibility to the Legislative Branch (Congress) |
| Article II | Details the Executive Branch, including rules for electing the President, eligibility, and term length |
| Article III | Establishes the Judicial Branch with the US Supreme Court as the highest court, specifying life appointments for federal judges |
| Articles IV-VII | Describe the relationship of states to the Federal Government, establish the Constitution as supreme law, and define amendment and ratification processes |
| Original Document | Handwritten on five pages of parchment by Jacob Shallus |
Explore related products
What You'll Learn
The US Constitution's seven articles
The US Constitution, the oldest and longest-standing written and codified national constitution, contains a preamble and seven articles that outline the structure and operation of the government. The seven articles define the fundamental framework of the federal government and its three branches: the legislative, executive, and judicial.
Article I establishes the legislative branch, comprising the Senate and the House of Representatives, and outlines the election process and qualifications for members of each body. Article II details the executive branch, covering the offices of the President and Vice President, their election process, eligibility requirements, and term limits. The 12th and 25th Amendments have since modified some of these rules.
Article III establishes the judicial branch, with the US Supreme Court as the highest court in the federal court system. Federal judges are appointed for life, and this article is shorter than the previous two. Article IV outlines the states' powers and their relationships with each other. While states can create and enforce their laws, they must also respect and help enforce the laws of other states.
Articles V and VI focus on the amendment and ratification processes and the supremacy of federal law. Article V outlines the procedure for amending the Constitution, which is more challenging than the process of making laws. Article VI asserts the supremacy of federal law over state and local laws, ensuring that federal law takes precedence in conflicts.
Lastly, Article VII establishes the procedure for the 13 states to ratify the Constitution, including the requirement for special state ratifying conventions, with nine states needed to enact the Constitution.
Gastro or Constitutional: Loss of Appetite in ROS
You may want to see also
The three branches of government
The United States Constitution, composed of a preamble and seven articles, outlines the three branches of the federal government: the legislative, executive, and judicial branches. Each branch has distinct roles and responsibilities, and they are all subject to a system of checks and balances to prevent any one branch from becoming dominant.
The first article of the Constitution establishes the Legislative Branch, which is responsible for making laws. This branch comprises Congress, which is divided into two parts: the House of Representatives and the Senate. Senators serve six-year terms, while representatives serve two-year terms, and both are elected by voters in their respective states. The Legislative Branch is tasked with creating, debating, and voting on bills to make laws for the country.
The second article outlines the Executive Branch, led by the President and Vice President. This branch is responsible for enforcing the laws created by the Legislative Branch. The President, elected through the Electoral College, must be a natural-born citizen and at least 35 years old. They serve a four-year term and can hold office for a maximum of two terms. The Executive Branch is primarily based at the White House, with the President assisted by Cabinet members who are nominated by the President and approved by the Senate.
The third article establishes the Judicial Branch, which includes the Supreme Court and other federal courts. The Supreme Court, the highest court in the federal court system, is led by justices who serve for life, providing stability and independence. The Judicial Branch interprets laws and ensures they align with the Constitution, playing a crucial role in determining the laws of the land.
Intelligent Design: Science, Religion, and the Constitution
You may want to see also
Federal law's supremacy
The US Constitution, beginning with the famous three words, "We the People," comprises a preamble and seven articles that outline the structure and functioning of the government. The seven articles were signed on September 17, 1787, and ratified on June 21, 1788.
Article VI of the US Constitution, also known as the Supremacy Clause, establishes the supremacy of federal law over state and local laws. This clause is a cornerstone of the US federal political structure, asserting that federal law takes precedence when a state law conflicts with it. The Supremacy Clause is not limited to state laws, as it also applies to legislatures, courts, administrative agencies, and constitutions. For example, the Voting Rights Act of 1965, enacted by Congress, takes precedence over state constitutions. Similarly, Food and Drug Administration regulations may override state court judgments regarding prescription drugs.
The Supreme Court has historically applied the Supremacy Clause to uphold the priority of federal law. In the late eighteenth and early nineteenth centuries, the Court relied on this clause to strengthen the federal government's role in managing the nation's affairs. While the doctrine of dual federalism during the latter half of the nineteenth century limited the Supremacy Clause's role, the Court still maintained the principle of federal law supremacy. In the early twentieth century, the Court developed the concept of field preemption, which asserts that federal legislation in certain areas implicitly prevents states from enacting conflicting laws.
However, it's important to note that federal statutes and treaties must operate within the boundaries of the Constitution. The federal government's powers are limited by constitutional constraints, such as the Bill of Rights, which includes the first ten amendments. The Tenth Amendment specifically addresses federal powers, stating that the federal government only possesses the powers delegated to it by the Constitution. The Supreme Court has the power of judicial review, enabling it to invalidate statutes that violate constitutional provisions.
Business Shutdowns: Are They Unconstitutional?
You may want to see also
Explore related products
The amendment process
The United States Constitution is composed of a preamble and seven articles that outline the structure and operation of the government. The amendment process, outlined in Article V, is intentionally difficult and has only been successfully completed 27 times since the Constitution was drafted in 1787.
To propose an amendment, two-thirds of both the Senate and the House of Representatives must vote in favour of it. Alternatively, two-thirds of state legislatures can submit an application to Congress, which then calls a national convention for proposing amendments.
After an amendment is proposed, it is sent to the state legislatures for a vote. For an amendment to be ratified, three-fourths of state legislatures or state conventions must vote in favour. Once ratified, the amendment becomes part of the Constitution.
The process is managed by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. Once an amendment is adopted or fails, the records are transferred to the National Archives for preservation.
The Constitution: Sharing Power and Checks
You may want to see also
Ratification process
The US Constitution is composed of a preamble and seven 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.
Article VII of the US Constitution describes the ratification process for the Constitution. It called for special state ratifying conventions, with nine states required to enact the Constitution. Each state would elect delegates to its own state ratifying convention, where they would debate the Constitution and decide whether to support it.
The procedure established in ratifying the proposed new Constitution of 1787 was critical. Previous attempts to amend the Articles of Confederation had failed due to the requirement for the unanimous approval of state legislatures. As a result, politically astute alternatives were proposed and utilized in ratifying the new Constitution. The convention decided to substitute state conventions instead of state legislatures as the bodies to consider ratification. This process would make the new federal Constitution superior to any specific legislature.
The first state to ratify the Constitution was Delaware on December 7, 1787. By the end of July 1788, 11 states had ratified the new Constitution, including critical states like Pennsylvania, Massachusetts, Virginia, and New York. The final two states, North Carolina and Rhode Island, ratified the Constitution after the new government was already established.
The traditional constitutional amendment process is described in Article V of the Constitution. Congress must pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives and send it to the states for ratification by a vote of the state legislatures. The amendment becomes part of the Constitution when it has been ratified by three-fourths (currently 38) of the states.
Article V also provides for an alternative process, which has never been utilized. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments. To become part of the Constitution, any amendment proposed by that convention must be ratified by three-fourths of the states through a vote of either the state legislature or a state convention.
Constitution's Impact: A Better Place for All
You may want to see also
Frequently asked questions
There are seven articles in the US Constitution.
Article I assigns the responsibility for making laws to the Legislative Branch (Congress).
Article II details the Executive Branch and the offices of the President and Vice President.
Article III establishes the Judicial Branch with the US Supreme Court as the federal court system's highest court.
Article VII describes the ratification process for the Constitution.
