Eleanor Finch
The US Constitution is the supreme law of the United States of America. It consists 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 (the office of the President), and the judicial (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 define the amendment and ratification processes. The US Constitution also outlines the US judicial system, grants federal courts criminal and civil contempt powers, and provides details on the Supreme Court's jurisdiction.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| First three Articles | Establish the three branches of government and their powers: Legislative, Executive, and Judicial |
| Legislative Branch | Bicameral Congress, consisting of the House of Representatives and the Senate |
| Executive Branch | Office of the President |
| Judicial Branch | Federal Court System, including the Supreme Court |
| System of Checks and Balances | Prevents any one branch from becoming dominant |
| Articles Four to Seven | Describe the relationship of the states to the Federal Government, establish the Constitution as supreme law, and define amendment and ratification processes |
| Amendment Process | Two-thirds of the Senate and House of Representatives vote, or two-thirds of state legislatures submit an application to Congress for a national convention, with three-fourths of state legislatures or conventions ratifying |
| Federal Law Supremacy | Federal law takes precedence over state and local laws |
| Judicial Powers | Include the power to punish, sentence, and direct future action to resolve conflicts, as well as civil and criminal contempt powers |
| Judicial Review | Courts can exercise judicial review over the actions of Congress or the Executive Branch |
| Citizenship | Fourteenth Amendment granted citizenship to former slaves and all persons "subject to U.S. jurisdiction" |
| Limitations on State Power | States cannot violate citizen's privileges or immunities, deprive persons of life, liberty, or property without due process, and must guarantee equal protection under the laws |
Explore related products
What You'll Learn
Legislative Power Vested
The US Constitution is divided into several articles, with the first being dedicated to the legislative branch of the government. Section 1 of Article I outlines the legislative power vested in the US government. This section, also known as the Legislative Vesting Clause, establishes that all legislative powers granted in the Constitution are vested in the US Congress, which is composed of a Senate and a House of Representatives. This bicameral system ensures that legislative power is shared between two chambers, each with distinct roles and responsibilities.
The House of Representatives, as outlined in Section 2 of Article I, is composed of members chosen every second year by the people of the various states. The electors in each state must meet the qualifications required for electors of the most populous branch of the state legislature. To be a Representative, one must be at least 25 years old, a US citizen for at least seven years, and an inhabitant of the state in which they are chosen. Representatives are apportioned among the states based on their respective populations, with direct taxes also apportioned accordingly.
Section 3 of Article I addresses the Senate, which, together with the House of Representatives, forms the US Congress. The Senate plays a crucial role in the legislative process and is designed to provide equal representation for all states. Each state, regardless of its population, elects two senators who serve six-year terms. The composition and responsibilities of the Senate give it a unique perspective and role in the legislative process, often described as a body that acts with "more wisdom, and less precipitation, than the House of Representatives."
The Legislative Vesting Clause, as interpreted by the Supreme Court in McCulloch v. Maryland (1819), affirms that the US government is one of enumerated powers. This means that the government can only exercise the powers specifically granted to it by the Constitution. This principle underscores the importance of the Legislative Vesting Clause in delineating the powers of the legislative branch and distinguishing them from the executive and judicial branches.
Obamacare's Constitutionality: Is It Legally Defensible?
You may want to see also
The Executive Branch
The US Constitution establishes three branches of government: the executive, the legislative, and the judicial. The Executive Branch is detailed in Article II of the US Constitution.
Article II, Section 1, of the US Constitution, also known as the Executive Vesting Clause, states that the federal executive power is "vested in a President of the United States of America". This clause establishes the President as the country's chief executive and outlines the election process, qualifications, and oath of office for the President. The President must be a natural-born citizen, at least 35 years old, and have been a resident of the United States for at least 14 years. The President is also required to take an oath to "faithfully execute" the office and defend the Constitution.
Section 3 of Article II further defines the President's powers and duties. The President is the Commander-in-Chief of the US military and has the authority to grant reprieves and pardons for offences (except in cases of impeachment). The President has the power to make treaties with the advice and consent of the Senate, and to appoint ambassadors, ministers, consuls, Supreme Court judges, and other officers. The President is also responsible for ensuring that the laws are ""faithfully executed", which includes the authority to enforce laws and appoint agents to carry out this enforcement.
The Executive Branch: Constitution's Core Principle
You may want to see also
The Judicial Branch
The US Constitution outlines three branches of government: the executive, the legislative, and the judicial. The third branch, the judiciary, is comprised of the Supreme Court and other federal courts.
Article III of the Constitution created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. The Supreme Court is the highest court in the country, and its decisions are final. The Justices of the Supreme Court are nominated by the President and confirmed by the Senate. They hold lifetime appointments, receiving compensation that cannot be diminished during their continuance in office.
Below the Supreme Court are 13 appellate courts, also known as the US Courts of Appeals. These courts determine whether the law was correctly applied in the trial court or federal administrative agency. The US Courts of Appeals are then followed by 94 district or trial courts, known as US District Courts. These courts resolve disputes by determining the facts and applying the law to those facts. There are also 90 US bankruptcy courts that help people and businesses unable to pay their debts get a fresh start.
Exploring the Constitution's Division: How Many Parts Exist?
You may want to see also
Explore related products
Federalism and State Powers
Federalism in the United States has evolved through four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present day. The US Constitution, adopted in 1787, replaced the Articles of Confederation, which was essentially a treaty among sovereign states. The Constitution established a new framework where the national government had more powers and could act directly on behalf of the citizenry.
Article I, Section 8 of the Constitution outlines the specific powers of the federal government, known as enumerated powers. These include the power to regulate commerce, coin money, declare war, and raise armies. The Tenth Amendment reinforces the principle of federalism by stating that any powers not delegated to the federal government are reserved for the states or the people. This amendment has been used by the Supreme Court to invalidate federal statutes that infringe on state powers.
Concurrent powers refer to those shared by both the federal and state governments, such as the power to tax, build roads, and create lower courts. However, when federal and state laws conflict, the Supremacy Clause in Article VI of the Constitution establishes that federal law takes precedence. This clause has been the basis for the doctrine of federal preemption, which allows federal law to supersede state law in certain cases.
The dynamic between federal and state powers has always been contested and has shifted over time. For example, in the post-Civil War era, the Thirteenth Amendment eliminated the power of states to enforce slavery, but they quickly enacted Black Codes to oppress freed slaves. More recently, during the New Deal era, the federal government's power expanded significantly, prompting some to advocate for a return to a more federalist system with greater state autonomy.
In summary, federalism in the US Constitution establishes a system of shared powers between the federal and state governments, with the former holding ultimate authority in cases of conflict. The specific powers of each level of government have been interpreted and contested over time, shaping the country's political and legal landscape.
The Press Clause: A Constitutional Right?
You may want to see also
Amendments and Ratification
The US Constitution grants the authority to amend it to Congress, which can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in the amendment process. Once Congress proposes an amendment, the Archivist of the United States, who is responsible for administering the ratification process, passes on many of the duties to the Director of the Federal Register.
The proposed amendment is then submitted to their State legislatures, or the state calls for a convention, depending on what Congress has specified. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State's action, which is then conveyed to the Director of the Federal Register. The Director examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them.
The proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). When the Director verifies that the required number of authenticated ratification documents has been received, a formal proclamation is drafted 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 US Statutes at Large, serving 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 the President. It is important to note that none of the 27 amendments to the Constitution have been proposed by constitutional convention.
Constitution's Cultural Significance in America
You may want to see also
Frequently asked questions
The US Constitution consists 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 describes the ratification process for the Constitution, requiring special state ratifying conventions.
