Omar Bennett
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution delineates the frame of the federal government and consists of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III). The Constitution also outlines the rights and responsibilities of state governments and their relationship to the federal government. Amendments to the Constitution must be properly adopted and ratified before they are implemented.
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What You'll Learn
The US Constitution is the supreme law of the US
The first three articles of the Constitution embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The legislative branch, led by Congress, holds powers such as the right to levy taxes, borrow money, regulate interstate commerce, provide for military forces, declare war, and initiate impeachment proceedings.
The executive branch, led by the President, holds powers such as serving as Commander-in-Chief of the military, granting reprieves and pardons for offences (except in cases of impeachment), and making treaties with the advice and consent of the Senate. The President is also responsible for executing the office with the oath to preserve, protect, and defend the Constitution.
The judicial branch, led by the Supreme Court, interprets and enforces the Constitution as the supreme law of the land. Federal courts within this branch may rule on whether branches of the national government conform to the Constitution and enforce its provisions.
Amendments to the Constitution, such as the Eighth Amendment, protect individuals from excessive bail or fines and cruel and unusual punishment. The Fourteenth Amendment granted citizenship to former slaves and imposed limits on state power to protect citizens' privileges, liberties, and equal protection under the law. The Constitution also includes provisions for federalism, describing the rights and responsibilities of state governments and their relationship to the federal government.
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It superseded the Articles of Confederation in 1789
The US Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and served as the United States' first constitution. It was in force from March 1, 1781, until 1789 when the present-day Constitution came into effect.
The Articles of Confederation established a weak central government that mostly, but not entirely, prevented the individual states from conducting their own foreign diplomacy. It outlined a Congress with representation not based on population – each state held one vote in Congress. The Articles also established a unicameral legislature with limited and clearly delineated powers.
The central government had insufficient power to regulate commerce, set commercial policy, or effectively support a war effort. It could not tax and Congress was attempting to function with a depleted treasury. The states retained considerable power, and disputes over territory, war pensions, taxation, and trade threatened to tear the country apart.
The US Constitution, on the other hand, 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, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).
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It outlines the rights and responsibilities of state governments
The US Constitution outlines the rights and responsibilities of state governments in Articles IV, V, and VI. These articles embody the principles of federalism, defining the relationship between the states and the federal government.
Article IV, for instance, includes the Guarantee Clause, which guarantees each state a republican form of government. It also outlines the process for admitting new states to the Union and requires states to give "full faith and credit" to the laws and records of other states. Additionally, it protects each state against invasion and domestic violence, ensuring that the federal government will provide support when needed.
Article V outlines the procedures for amending the Constitution, which involves both the federal government and the states. Amendments can be proposed by Congress or by a national convention called at the request of the states. Ratification of amendments requires the approval of three-fourths of the states, demonstrating the significant role states play in the amendment process.
Article VI establishes the Constitution as the supreme law of the land, with all state judges bound by it. It also addresses issues such as the national debt, declaring that the validity of public debt authorized by law shall not be questioned.
The Fourteenth Amendment, added in 1868, also significantly impacted the rights and responsibilities of state governments. It imposed new limits on state power, including protections for citizens' privileges and immunities, due process rights, and equal protection under the law. This amendment expanded the reach of the Bill of Rights, making its provisions applicable to state and local governments.
Overall, the US Constitution provides a framework for the relationship between the federal government and the states, ensuring a balance of power and outlining the rights and duties of each.
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It includes a Bill of Rights and 27 amendments
The US Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights.
The Bill of Rights was added to the Constitution following debates during the Constitutional ratification process. Anti-Federalists argued that a Bill of Rights was necessary. The first eight amendments of the Bill of Rights outline specific restrictions to protect individuals from the government. The Ninth Amendment declares that individuals have other rights that are not specifically mentioned in the Constitution.
The Eighth Amendment (1791) protects people from excessive bail or fines and from cruel and unusual punishment. The Fourteenth Amendment (1868) granted citizenship to former slaves and placed new limits on state power. It also made most provisions of the Bill of Rights applicable to state and local governments. The Fifteenth Amendment (1870) prohibits the use of race, colour, or previous servitude in determining voting rights.
The US Constitution has been amended 27 times since its original ratification. Amendments must be properly adopted and ratified before they change the Constitution. There are two procedures for adopting the language of a proposed amendment: by a two-thirds majority in the Senate and House of Representatives, or by a national convention (called for by two-thirds of state legislatures). There are also two procedures for ratifying a proposed amendment: three-fourths of state legislatures must approve, or three-fourths of state ratifying conventions must approve.
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Federal courts rule on whether the government conforms to the Constitution
Federal courts play a crucial role in ensuring that the actions of the government conform to the US Constitution, the nation's fundamental law. This role is known as judicial review. The US Constitution, which came into force on March 4, 1789, is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, guarantee various freedoms and rights, including freedom of religion, speech, equal treatment, and due process of law.
The federal judiciary's power to review the constitutionality of government actions extends to the legislative, executive, and administrative branches. Federal courts are tasked with interpreting the Constitution's meaning and ensuring that the government acts within the authority granted to it by the Constitution. This includes reviewing laws passed by Congress and determining whether they conflict with the Constitution. In performing this role, the federal courts serve as an "intermediate body between the people and their legislature," as Alexander Hamilton described it in Federalist #78.
One of the key responsibilities of the federal courts is to enforce the provisions of the Constitution as the supreme law of the land and to refuse to enforce anything that conflicts with it. This can involve striking down laws or executive orders found to be unconstitutional. For example, in Panama Refining Co. v. Ryan (1935), the Supreme Court struck down executive orders issued by President Roosevelt regulating the transport of petroleum, finding that Congress had impermissibly delegated its legislative authority.
Federal courts also play a crucial role in protecting the rights of minority groups and individuals. The Fourteenth Amendment, adopted in 1868, dramatically expanded the protections of the Constitution by granting US citizenship to former slaves and imposing new limits on state power, including guarantees of due process and equal protection under the law. The courts may hear grievances from minority groups and interpret the Constitution to protect their rights, even against the will of the majority.
Additionally, federal courts have the power to review executive orders issued by the president to ensure they are within the scope of constitutional authority. While the president's authority to issue executive orders typically comes from congressional statutes, courts must determine whether these orders are authorised by Congress or based on inherent presidential powers. If an executive order is found to be unconstitutional in substance or to violate the separation of powers, the courts can invalidate it.
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Frequently asked questions
The US Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into the legislative, executive, and judicial branches. The Constitution also outlines the rights and responsibilities of state governments and their relationship to the federal government.
The Fourteenth Amendment (1868) granted citizenship to former slaves and placed new limits on state power, including equal protection of the laws. The Eighth Amendment (1791) prohibits excessive bail or fines and cruel and unusual punishment. The First Amendment protects the right to freedom of speech and religion.
Proposals to amend the Constitution must be properly adopted and ratified. Amendments can be adopted by a two-thirds majority in both the Senate and the House of Representatives or by a national convention called by two-thirds of the state legislatures. Ratification requires the approval of three-fourths of the states, either through their legislatures or state ratifying conventions.
