Eleanor Finch
The US Constitution is composed of a preamble, seven articles, and 27 amendments, with the first 10 amendments known as the Bill of Rights. The Constitution's provisions define the basic framework of the federal government and its political institutions. Article I vests all legislative powers in Congress, which consists of the House of Representatives and the Senate. Article II vests executive power in the office of the President. The Constitution also includes provisions for relations between the states, such as requiring states to recognize the official acts and judicial proceedings of other states. Amendments to the Constitution, such as the First Amendment, protect certain rights and liberties, including freedom of speech, freedom of religion, and the right to keep and bear arms.
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What You'll Learn
The legislative branch
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The Constitution's seven articles define the basic framework of the federal government.
Article I vests all legislative powers in the Congress—the House of Representatives and the Senate. The Great Compromise stipulated that representation in the House would be based on population, and each state is entitled to two senators. Members of the House serve terms of two years, while senators serve terms of six years.
Among the powers delegated to Congress are the right to levy taxes, borrow money, regulate interstate commerce, provide for military forces, declare war, and determine member seating and rules of procedure. The House initiates impeachment proceedings, and the Senate adjudicates them.
The qualifications of members of each body are also established in Article I. Representatives must be at least 25 years old, be a citizen of the United States for seven years, and live in the state they represent. No person shall be a Representative who shall not have attained the age of 25 years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. Electors in each state must have the qualifications requisite for electors of the most numerous branch of the state legislature.
Article II vests executive power in the office of the presidency of the United States. Proposals to amend the Constitution must be properly adopted and ratified before they can change the Constitution. Amendments can be adopted by a two-thirds majority in both the Senate and the House of Representatives, or by a national convention, which occurs when two-thirds of state legislatures call for one. Ratification requires the approval of three-fourths of the states, typically through the consent of state legislatures.
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The executive branch
Article II of the US Constitution establishes the Executive Branch of the federal government. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President. The President is the Commander-in-Chief of the Army, Navy, and Militia of the US, and of the Militia of the several states when called into actual service. The President may require the written opinion of the principal officer in each of the executive departments and has the power to grant reprieves and pardons for offences against the US, except in cases of impeachment.
Section 1 also creates succession provisions in the event of a President's removal or inability to act. The remaining provisions of Section 1 outline the election of the President, including the establishment of the Electoral College. Section 1 also sets out the qualifications of the President, including being a natural-born citizen, being at least 35 years old, and having been a resident within the US for at least 14 years. The President and Vice President serve four-year terms and must be elected to their respective offices.
Section 2 covers the President's commander-in-chief powers, pardon powers, treaty power, and their ability to fill vacancies and grant commissions. Section 3 requires the President to give Congress information on the state of the union and to take care that the laws be faithfully executed. The President has distinct authority over foreign affairs and alone has the power to speak or listen as a representative of the nation. The President must also commission all the officers of the US.
Section 4 provides the mechanism for removing the President, Vice President, and all civil officers of the US from office. The legislative branch has the power to remove these officials from office. The bases for impeachment include treason, bribery, or other high crimes and misdemeanours.
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Separation of powers
The US Constitution establishes three separate but equal branches of government: the legislative branch, the executive branch, and the judicial branch. This is commonly referred to as the separation of powers.
The legislative branch makes the law, the executive branch enforces the law, and the judicial branch interprets the law. The Framers structured the government in this way to prevent any one branch from becoming too powerful and to create a system of checks and balances. The Supreme Court has vacillated between a formalistic approach to separation-of-powers issues, which maintains three distinct branches of government, and a functional approach that stresses core function and relationship, permitting flexibility.
The legislative branch is comprised of the House of Representatives and the Senate, with all legislative powers vested in the Congress. The executive power is vested in the President, who becomes the Commander-in-Chief of the Army and Navy, and has the power to make treaties, appointments, and ensure the laws are executed. The President is also empowered to enforce the laws made by Congress.
The judicial branch interprets the law and rules on whether the other branches conform to the Constitution. Federal judges have described how the separation of powers creates healthy tensions among the branches, which have a stabilizing effect on democracy.
The separation of powers is a fundamental way of balancing the powers of government to prevent one part from becoming too dominant.
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Citizens' rights
The US Constitution guarantees certain fundamental rights to its citizens. The first ten amendments to the Constitution make up the Bill of Rights, which was added to limit government power and protect individual liberties. The First Amendment, for instance, protects freedom of speech and freedom of religion. The Fourth Amendment safeguards citizens' right to be secure in their persons, houses, papers, and effects, protecting them from unreasonable government intrusion in their homes.
The Fourteenth Amendment, or the Citizenship Clause, states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the US and of the state in which they reside. This amendment also includes the Equal Protection Clause, which mandates that no state shall make or enforce any law that abridges the privileges or immunities of US citizens. Furthermore, no person shall be deprived of life, liberty, or property without due process of law, and all citizens are guaranteed equal protection under the laws.
The Ninth Amendment acknowledges that individuals have other fundamental rights beyond those explicitly stated in the Constitution. The Eighth Amendment prohibits excessive bail or fines and protects individuals from cruel and unusual punishment. The Fifth Amendment guarantees due process of law, while the Sixth Amendment ensures the right to a jury trial.
The Constitution also addresses the relationship between the states and the rights of citizens of one state in another. It requires states to recognize the official acts and judicial proceedings of other states and to provide citizens from other states with the same privileges and immunities as its own citizens.
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Amendments
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. Amendments to the Constitution must be properly adopted and ratified before they are implemented. This can be done in one of two ways: by a two-thirds majority vote in the Senate and the House of Representatives, or by a national convention, which is called when two-thirds of state legislatures request one.
The first amendment prohibits Congress from making laws that infringe on the freedom of religion, speech, or the press, or the right to assemble and petition the government. The second amendment protects the right of citizens to keep and bear arms as part of a well-regulated militia. The fourth amendment protects citizens from unreasonable searches and seizures, requiring warrants to be supported by probable cause.
The eighth amendment protects citizens from excessive bail or fines and from cruel and unusual punishment. The ninth amendment affirms that citizens have fundamental rights in addition to those stated in the Constitution. The tenth amendment states that any powers not delegated to the federal government are reserved for the states or the people.
The fourteenth amendment, added in 1868, defines citizenship and prohibits states from violating the privileges or immunities of citizens, depriving them of life, liberty, or property without due process, or denying them equal protection under the law. It also grants Congress the power to enforce these provisions.
Other notable amendments include the fifteenth amendment, which prohibits the use of race, colour, or previous servitude as qualifications for voting, and the eighteenth amendment, which prohibited the transportation or importation of intoxicating liquors (this has since been repealed).
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