Constitution Divisions: Understanding The Framework Of Our Nation

The Constitution of the United States 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 Branch (Congress), the Executive Branch (office of the President), and the Judicial Branch (Federal court system). Articles four through seven 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 are the primary divisions of the US Constitution, each serving as a cornerstone in outlining the functions and powers of the government.

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The US Constitution's seven articles

The divisions of the US Constitution are called articles. The US Constitution is made up of seven articles, a preamble, and 27 amendments. The first 10 amendments are known as the Bill of Rights.

The seven articles form the structural constitution of the US and were signed on September 17, 1787, and ratified on June 21, 1788. The document was drafted at the Constitutional Convention in Independence Hall in Philadelphia between May 25 and September 17, 1787. Rhode Island was the only one of the 13 original states that did not send delegates to the convention.

The seven articles are as follows:

Article One

This article establishes the legislative branch of the US government, the US Congress. It establishes the House of Representatives and the Senate. Members of the House of Representatives must be at least 25 years old and citizens of the US for at least seven years.

Article Two

This article establishes the executive branch of the US government, which includes the US President. It outlines the process for electing the President and the Vice President and defines the powers and responsibilities of the President, including the power to appoint federal judges and grant pardons.

Article Three

This article establishes the judicial branch of the US government, the US federal court system. It establishes the Supreme Court and defines its powers and jurisdiction. It also outlines the process for trying cases of treason.

Article Four

This article outlines the relationship between the states and the federal government. It establishes the duties and responsibilities of the states and guarantees each state a republican form of government. It also establishes the process for admitting new states to the Union.

Article Five

This article outlines the process for amending the Constitution. It requires that any amendments be proposed by a two-thirds majority in both houses of Congress or by a national convention and then ratified by three-fourths of the states.

Article Six

This article establishes the supremacy of the Constitution and federal laws over state laws. It also establishes the requirements for federal and state officials, including the requirement that they swear an oath to support the Constitution.

Article Seven

This article outlines the process for ratifying the Constitution. It requires that the document be ratified by nine of the 13 original states in order to become effective.

Amendments and the Bill of Rights

The US Constitution is composed of the Preamble, seven articles, and 27 amendments, the first 10 of which are known as the Bill of Rights. The Bill of Rights became law on December 15, 1791, and was originally intended as a revision of the Articles of Confederation.

The first proposal discussed at the Constitutional Convention, introduced by delegates from Virginia, called for a bicameral (two-house) Congress elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch. An alternative to the Virginia Plan, known as the New Jersey Plan, retained the legislative structure but also called for an elected executive.

The Bill of Rights includes the Second Amendment, which protects the right to keep and bear arms, and the Third Amendment, which prevents the government from forcing homeowners to allow soldiers to use their homes. The Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property, and the Fifth Amendment provides several protections for people accused of crimes, including the right against self-incrimination and the right not to be imprisoned without due process of law.

The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial and trial by an impartial jury in criminal cases. The Seventh Amendment extends the right to a jury trial in Federal civil cases, and the Eighth Amendment bars excessive bail and fines and cruel and unusual punishment.

The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out, and the Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution.

Amending the Constitution involves two steps. First, a proposal must be adopted by either a two-thirds majority in both the Senate and the House of Representatives or a national convention (called for by two-thirds of state legislatures). Second, the proposal must be ratified by three-fourths of the states (38 of 50), either through the consent of state legislatures or state ratifying conventions.

Separation of powers

The United States Constitution divides the federal government's powers between three separate branches: the legislative, executive, and judicial. This structure, which is known as the separation of powers, was designed to prevent tyranny by a single branch, promote effective governance, and protect the liberty of US citizens. Each branch has distinct roles and powers, with no single branch holding all political power or having absolute power over the others.

The Legislative Power of the Federal Government is vested in Congress, which consists of the Senate and the House of Representatives. This branch is responsible for creating and passing laws. The Executive Power, on the other hand, is vested in the President, who becomes the Commander-in-Chief of the armed forces and has the power to make treaties, appointments, and ensure the execution of laws made by Congress. The President can be restricted and impeached by Congress.

The third branch is the Judicial Power, which is held by the Supreme Court and any lower courts created by Congress. The courts are responsible for interpreting and enforcing the laws, ensuring they align with the Constitution, and can declare legislative or executive actions unconstitutional. The Supreme Court has vacillated between a formalistic approach, emphasising the separation of powers, and a functionalist approach, examining the core functions of each branch and their relationships.

The separation of powers doctrine allows each branch to perform its tasks efficiently and effectively while also providing a system of checks and balances. This structure was influenced by the Framers' experience with the British monarchy, where the concentration of powers in a single entity was seen as leading to arbitrary and oppressive rule. The separation of powers was intended to protect against tyranny and ensure that the people had a say in their governance.

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The legislative branch

The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch, also known as Congress, is made up of two chambers: the Senate and the House of Representatives.

The Senate and the House of Representatives each have their own set of qualifications and requirements for membership. Senators must be at least thirty years old, have been a citizen of the United States for nine years, and be an inhabitant of the state for which they are chosen. Representatives must be at least twenty-five years old, have been a citizen of the United States for seven years, and be an inhabitant of the state in which they are chosen. The House of Representatives is elected every two years by the people of the several states, while the Senate has staggered terms, with one-third of Senators elected every two years.

The judicial branch

The United States Constitution divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch includes the Supreme Court and other federal courts.

Article III of the U.S. Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. These three branches operate within a constitutional system of "checks and balances," which means that while each branch is formally separate from the other two, they must often cooperate. For example, federal laws are passed by Congress and signed by the President. The judicial branch then has the authority to decide the constitutionality of these federal laws and resolve other cases involving them. However, judges rely on the executive branch to enforce court decisions.

The Supreme Court, established by Article III of the Constitution, is the highest court in the United States. It has the power to overturn unconstitutional laws. Below the Supreme Court are 13 appellate courts, known as the U.S. courts of appeals. These courts determine whether the law was applied correctly in the trial court or federal administrative agency. The nation's 94 district or trial courts are called U.S. district courts. These courts resolve disputes by determining the facts and applying the law to those facts. There are also 90 U.S. bankruptcy courts, which help people and businesses that cannot pay their debts get a "fresh start."

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