Eleanor Finch
The US Constitution 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, executive, and judicial, with the remaining articles describing the relationship between the states and the federal government, and outlining the amendment and ratification processes. Amendments to the Constitution must be proposed by two-thirds of both houses of Congress or by a national convention requested by two-thirds of state legislatures, and subsequently ratified by three-fourths of state legislatures or state conventions.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| First 3 Articles | Establish the three branches of government and their powers |
| Legislative Branch | Congress |
| Executive Branch | Office of the President |
| Judicial Branch | Federal court system |
| Amendment Process | Requires two-thirds majority in both the Senate and the House of Representatives or a national convention requested by two-thirds of state legislatures |
| Ratification Process | Requires three-fourths of the states' approval (38 of 50) through consent of state legislatures or state ratifying conventions |
| Citizenship | Granted to former slaves and all persons "subject to U.S. jurisdiction" through the Fourteenth Amendment |
| Voting Rights | Fifteenth Amendment prohibits the use of race, color, or previous condition of servitude in determining voting eligibility |
| Federal Law Supremacy | Article VI establishes that Federal law takes precedence over state and local laws |
| Federal Judges | Appointed for life unless they commit a serious crime |
| State Powers | States have the authority to create and enforce their own laws while also respecting and enforcing the laws of other states |
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What You'll Learn
Legislative, Executive, and Judicial Branches
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much control over the government.
Legislative Branch
The legislative branch is made up of a bicameral Congress, consisting of the Senate and the House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the several states. Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and expel a member with a two-thirds concurrence. Each House keeps a journal of its proceedings and must publish them, except for parts that require secrecy. Neither House, during the Session of Congress, shall, without the consent of the other, adjourn for more than three days or to any other place than that in which the two Houses sit.
Executive Branch
The executive branch consists of the President and subordinate officers, as well as executive departments, independent agencies, and other boards, commissions, and committees. The President is the head of state, leader of the federal government, and Commander-in-Chief of the armed forces. The Vice President supports the President and becomes the President if the latter is unable to serve. The President can veto legislation created by Congress and nominate heads of federal agencies and high court appointees, such as federal judges and the Supreme Court justices.
Judicial Branch
The judicial branch includes the Supreme Court, with nine Justices, and other federal courts. These Justices are special judges who interpret laws according to the Constitution and only hear cases pertaining to constitutional issues. The federal judicial system also has lower courts in each state to hear cases involving federal matters. The Justices of the Supreme Court can overturn unconstitutional laws and are nominated by the President and confirmed by the Senate.
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Federalism and States' Rights
The Tenth Amendment of the US Constitution has been a prominent tool for invoking nullification by those who believe in the primacy of states' rights. The Tenth Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This amendment has been used to nullify federal laws on issues such as gun rights, immigration, and cannabis.
The US Constitution also outlines the process of constitutional amendment, which requires proposals to be adopted and ratified before they can bring about change. Amendments can be proposed by a two-thirds majority in both the Senate and the House of Representatives, or by a national convention requested by two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50).
The Fourteenth Amendment, for example, granted US citizenship to former slaves and imposed new limits on state power, including guaranteeing equal protection under the law. This amendment dramatically expanded the protections of the Constitution and made the Bill of Rights applicable to state and local governments.
Judges and scholars disagree on how the principles of federalism should be realized. A key point of controversy is whether the judiciary should enforce states' interests against the federal government or leave the resolution to the political process.
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Amendments and Ratification
The US Constitution outlines a procedure for amending it, which is detailed in Article Five. A proposal for an amendment must be adopted by either two-thirds of both houses of Congress or a national convention requested by two-thirds of state legislatures. Once a proposal is passed by either method, Congress decides on the ratification method: state legislatures or state ratifying conventions.
The proposed amendment and its ratification method are sent to the Office of the Federal Register, which formats it as slip law and submits it to the states. A proposed amendment becomes a valid part of the Constitution when it is ratified by three-fourths of the states (38 out of 50). State ratifying conventions have only been used once, for the Twenty-first Amendment.
Congress can set a deadline for the ratification of an amendment, as affirmed by the Supreme Court of the United States in 1939. In the absence of a deadline, an amendment can be pending indefinitely. Approximately 11,848 proposals to amend the Constitution have been introduced since 1789, with members of the House and Senate proposing around 200 amendments during each two-year term of Congress.
Thirty-three amendments have been proposed and sent to the states for ratification since the Constitution came into operation on March 4, 1789. Twenty-seven of these have been ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments. The Fourteenth Amendment (1868) granted citizenship to former slaves and imposed new limits on state power, dramatically expanding the protections of the Constitution. The Fifteenth Amendment (1870) prohibited the use of race as a criterion for voting rights.
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The Preamble
This passage expresses the desire to create a stronger and more unified nation, ensuring justice, peace within the country, a strong defence system, the welfare of the people, and the protection of liberty for both the present and future generations. It highlights the importance of a stable and just government that serves the interests of its citizens.
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Citizenship and Voting Rights
The Fourteenth Amendment (1868) was a significant step in defining citizenship and voting rights. It granted citizenship to all persons "subject to US jurisdiction", including former slaves, and contained three new limits on state power. These were: a state cannot violate a citizen's privileges or immunities; no person shall be deprived of life, liberty, or property without due process of law; and all persons must be guaranteed equal protection under the laws. This amendment dramatically expanded the protections of the Constitution and made most provisions of the Bill of Rights applicable to state and local governments.
The Fourteenth Amendment also addressed voting rights, with the Supreme Court interpreting the Equal Protection Clause to allow states to require a duration of residency for voting eligibility. However, such requirements must serve a compelling state interest to be deemed constitutional. This amendment, therefore, played a crucial role in defining the rights of citizens and ensuring their protection under the law, including their voting rights.
The Fifteenth Amendment (1870) further expanded voting rights by prohibiting the use of race, colour, or previous servitude as qualifications for voting. This amendment gave African American men the right to vote, although many were still unable to exercise this right due to barriers such as literacy tests. The Nineteenth Amendment (1920) extended voting rights to women, and the Twenty-fourth Amendment (1964) eliminated poll taxes, which had been used to prevent African Americans from voting.
The Civil Rights Acts, including the Voting Rights Act of 1965, also played a significant role in protecting voting rights by prohibiting voter discrimination based on race, colour, or membership in a language minority group. This act required certain places to provide election materials in languages other than English and placed restrictions on states with a history of voter discrimination.
While the federal government has the power to protect voting rights and regulate elections, this power is often challenged and has been weakened by Supreme Court and Senate inaction. As a result, states have taken on a more prominent role in protecting voting rights, with almost all state constitutions explicitly mentioning the right to vote.
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Frequently asked questions
The US Constitution consists of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights.
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). The remaining four articles 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.
The Preamble of the US Constitution is an introductory statement that outlines the purpose and goals of the document. It begins with the words "We the People" and highlights the intention to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote general Welfare, and secure the Blessings of Liberty for the people and future generations.
Amendments are changes or additions made to the Constitution. There are two methods to propose an amendment: either by a two-thirds majority in both the Senate and the House of Representatives (Congress) or by a national convention requested by two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 currently).
