Isabella Carter
The United States 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. Articles four through seven describe the relationship between the states and the federal government, the amendment and ratification processes, and define the Constitution as the supreme law of the land. While it is challenging to narrow down the most important sections, Articles I, II, and V are crucial as they outline the three branches of government and the process for amending the Constitution.
| Characteristics | Values |
|---|---|
| Introduction | Explains the purpose of the Constitution and the power of the government as originating from the people of the United States |
| Preamble | Establishes the intentions of the framers and the purpose of the document |
| 7 Articles | Describe the way the government is structured and how it operates |
| 3 Branches of Government | Legislative (Congress), Executive (office of the President), and Judicial (Federal court system) |
| System of Checks and Balances | Prevents any one of the three branches from becoming dominant |
| Amendments | There have been 27 amendments to the Constitution, beginning with the Bill of Rights |
| Federal Judges | Appointed for life unless they commit a serious crime |
| State Powers | Each state has the authority to create and enforce its own laws but must respect and help enforce the laws of other states |
| Amendment Process | Two-thirds of the Senate and two-thirds of the House of Representatives must vote to change the Constitution, then sent to state legislatures for a vote |
| Federal Law | Federal law is supreme and takes precedence over state and local laws |
| Ratification Process | Requires special state ratifying conventions, with nine states needed to enact the Constitution |
| Electoral College | Gives more power to smaller states in the presidential election process |
| Presidential Requirements | A president must be a natural-born citizen, have lived in the US for at least 14 years, and be at least 35 years old |
| State Power Limitations | Cannot violate a citizen's privileges or immunities, deprive a person of life, liberty, or property without due process, and must guarantee equal protection under the law |
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What You'll Learn
The Preamble
> We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The first objective, "establish Justice", indicates the importance of creating a fair and impartial system of laws that apply equally to all. "Insure domestic Tranquility" refers to the goal of maintaining peace and order within the nation, ensuring a stable society. "Provide for the common defence" speaks to the role of the government in protecting the nation from external threats and ensuring the safety of its citizens. "Promote the general Welfare" indicates that the government should work for the benefit of all its people, improving their well-being and quality of life. Finally, "secure the Blessings of Liberty" affirms the importance of protecting the freedoms and rights of citizens, ensuring they can enjoy the benefits of liberty now and in the future.
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The three branches of government
The United States Constitution establishes a system of government with three distinct branches: the legislative, executive, and judicial branches. Each branch has its own powers and responsibilities and is designed to check the power of the other two, ensuring a balance of power and preventing any one branch from becoming dominant. This system of checks and balances is a key feature of the US government.
The legislative branch, as outlined in Article I, is responsible for making laws and is made up of Congress, which consists of the House of Representatives and the Senate. This branch has the power to pass federal laws and can also propose amendments to the Constitution. The legislative branch also has the power to approve the president's appointments, such as those to the Supreme Court.
Article II outlines the executive branch, which is headed by the President. This branch is responsible for executing and enforcing the laws created by the legislative branch. The President has the power to veto acts of Congress and can also issue executive orders, which have the force of law. The executive branch also includes the various federal agencies and departments that work to implement the President's policies and administer the government.
The judicial branch, established in Article III, is responsible for interpreting the laws and ensuring that they are applied fairly and impartially. The Supreme Court, the highest judicial power in the United States, leads this branch. Federal judges are appointed for life and interpret the laws independently, free from political influence. The judicial branch also includes the lower federal courts, which hear cases and disputes arising under federal law.
The separation of powers among the three branches provides a system of shared powers and limits on power. Each branch serves as a check on the others, ensuring that no one branch becomes too powerful and that the government remains balanced. This system protects against the concentration of power in a single person or group, promoting stability and fairness in the US government.
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Legislative branch
Article I of the US Constitution establishes the Legislative Branch (Congress) and assigns it the responsibility for making laws. Congress is divided into two parts, or "houses": the House of Representatives and the Senate. This bicameral system was a compromise between large and small states, balancing representation based on population with equal representation for each state.
The Legislative Branch is one of three branches of government established by the Constitution, alongside the Executive Branch (the office of the President) and the Judicial Branch (the Federal court system). A system of checks and balances prevents any one of these separate powers from becoming dominant. For example, while Congress cannot give its lawmaking powers to the Executive or Judicial branches, the Senate must approve the President's appointments to the Supreme Court, and the President can veto acts of Congress.
Article I, Section 1 specifies that the federal government's powers are limited to those explicitly outlined in the Constitution. This section also includes important limitations on state powers, such as forbidding laws that would deny a state its votes in the Senate or enable Congress to prohibit the importation of slaves before 1808.
The process for amending the Constitution is outlined in Article V. An amendment can be proposed by two-thirds of the Senate and two-thirds of the House of Representatives, or by two-thirds of state legislatures requesting a national constitutional convention. Once proposed, an amendment must be ratified by three-fourths of the state legislatures or state conventions.
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Executive branch
Article II of the U.S. 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 a President of the United States of America". This makes the President both the head of state and head of government.
The President is responsible for executing and enforcing the laws created by Congress. They have the authority to appoint agents charged with enforcing these laws, including the heads of more than 50 independent Federal commissions, such as the Federal Reserve Board and the Securities and Exchange Commission, as well as Federal judges, ambassadors, and other Federal officials. The President also appoints members of their Cabinet, who lead the 15 executive departments that carry out the day-to-day administration of the Federal Government.
The President is the Commander-in-Chief of the armed forces and has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. They can issue executive orders, which direct executive officers or clarify and help implement existing laws. The President also has the authority to negotiate and sign treaties, which must be ratified by two-thirds of the Senate.
Section 3 of Article II contains the Take Care Clause, requiring the President to ensure that the laws are faithfully executed. Section 4 provides that the President—and all other civil officers of the United States—may be removed from office if impeached and convicted on charges of "treason, bribery, or other high crimes and misdemeanours".
The Executive Branch also includes the Vice President, who serves as the President of the Senate and casts the deciding vote in the case of a tie. The Vice President's other duties are at the discretion of the President.
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Judicial branch
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first three articles establish the three branches of government and their powers: the Legislative (Congress), the Executive (Office of the President), and the Judicial (Federal court system).
The Judicial Branch is established in Article III of the US Constitution. The Judicial Power of the United States is vested in one Supreme Court and in inferior courts that Congress may establish. The number of seats on the Supreme Court has varied over the years, from five to ten. Since shortly after the Civil War, there has been one Chief Justice and eight Associate Justices of the United States Supreme Court.
The Judges of the Supreme and inferior Courts hold their offices during good behaviour, receiving compensation at stated times that cannot be diminished during their continuance in office. Federal judges are appointed for life, with their independence protected by restrictions on the political branches of government.
The Judicial Power extends to all cases in law and equity that arise under the Constitution, the laws of the United States, and treaties made under their authority. This includes cases affecting ambassadors, other public ministers and consuls, and cases of admiralty and maritime jurisdiction. The Judicial Branch also has jurisdiction over controversies to which the United States is a party, controversies between two or more states, between a state and citizens of another state, between citizens of different states, and between citizens of the same state claiming lands under grants of different states.
The Trial of all Crimes, except in cases of impeachment, shall be by jury, held in the state where the crimes were committed. When crimes are not committed within any state, the trial shall be held at a place directed by Congress. Treason against the United States is defined as levying war against them or aiding their enemies, and no person shall be convicted of treason without the testimony of two witnesses or a confession in open court.
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