Omar Bennett
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 It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.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 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 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).
| Characteristics | Values |
|---|---|
| Number of pages | 4 |
| Number of articles | 7 |
| Number of amendments | 27 |
| First 10 amendments known as | Bill of Rights |
| First 52 words | An introduction to the highest law of the land |
| First three articles | Doctrine of the separation of powers |
| Legislative branch | Bicameral Congress (Article I) |
| Executive branch | President and subordinate officers (Article II) |
| Judicial branch | Supreme Court and other federal courts (Article III) |
| Articles IV, V, VI | Concepts of federalism, rights and responsibilities of state governments, and the shared process of constitutional amendment |
| Article VII | Procedure used by the 13 states to ratify it |
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What You'll Learn
The role of the President and Vice President
The US Constitution outlines the role of the President and Vice President in Article II. The President is the head of the executive branch of the federal government, the nation's head of state, and head of government. The President is Commander in Chief of the United States Armed Forces and state militias when they are mobilized. They are responsible for making treaties, with the advice and consent of a two-thirds quorum of the Senate, and appointing Ambassadors, public Ministers, Consuls, and Judges of the Supreme Court. The President also commissions all the offices of the federal government as directed by Congress.
The President is elected to a four-year term and is required to report to Congress annually on the state of the union. They may also propose legislation and veto bills. The President is to receive only one compensation from the federal government and must take an inaugural oath to preserve, protect, and defend the Constitution.
The Vice President is the second-highest ranking office in the executive branch and first in the presidential line of succession. They are also an officer in the legislative branch, as the President of the Senate, and are empowered to preside over the Senate but may not vote except to break a tie. The Vice President is elected at the same time as the President for a four-year term.
Historically, the role of the Vice President has been considered less significant, and they often presided over Senate proceedings. The role began to grow in importance in the 1930s, and today, the Vice President may act on behalf of the President in cases of disability or absence and is a member of various important councils.
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The legislative branch
Congress is granted the sole authority to enact legislation and declare war, confirm or reject many presidential appointments, and exercise investigative powers. It also has the power to raise and support armies, define and punish piracies and felonies, and regulate interstate and foreign commerce. Congress assembles at least once a year and each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and expel a member with a two-thirds concurrence.
Congress also plays a role in the budget process, levying taxes and tariffs to fund essential government services, and may authorize borrowing if necessary. It can also mandate spending on specific items through legislatively directed spending, commonly known as "earmarks". Bills are first considered in a subcommittee, where they may be accepted, amended, or rejected, before moving on to a full committee.
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The judicial branch
The US Constitution, which superseded the Articles of Confederation on March 4, 1789, is the supreme law of the United States of America. It consists of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights.
Article Three of the US Constitution establishes the judicial branch of the federal government. It consists of the Supreme Court of the United States and lower federal courts created by Congress. The judicial branch is one of the three branches of government outlined in the Constitution, the other two being the legislative and the executive.
Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Section 1 of Article Three vests the judicial power of the United States in "one supreme Court", as well as "inferior courts" established by Congress. It also establishes that federal judges do not face term limits and that an individual judge's salary may not be decreased.
Section 2 of Article Three delineates federal judicial power. It restricts the judiciary's power to actual cases and controversies, meaning that federal judicial power does not extend to hypothetical cases or those proscribed due to standing, mootness, or ripeness issues. Section 2 states that the federal judiciary's power extends to cases arising under the Constitution, federal laws, federal treaties, controversies involving multiple states or foreign powers, and other enumerated areas. It also gives the Supreme Court original jurisdiction when ambassadors, public officials, or the states are a party in the case, leaving the Supreme Court with appellate jurisdiction in all other areas to which the federal judiciary's jurisdiction extends.
Section 3 of Article Three defines treason and empowers Congress to punish treason. It requires that at least two witnesses testify to the treasonous act or that the individual accused of treason confess in open court. It also limits the ways in which Congress can punish those convicted of treason.
The ability of the Supreme Court to decide if a law violates the Constitution is called judicial review. It is this process that the judiciary uses to provide checks and balances on the legislative and executive branches. Judicial review is not an explicit power given to the courts but an implied power. The Supreme Court made a ruling in 1803 on a case called Marbury v. Madison that clearly stated the Court's power of judicial review.
Alexander Hamilton, in Federalist No. 78, expressed the view that the Courts hold only the power of words and not the power of compulsion upon the other two branches of government. Thomas Jefferson also expressed deep reservations about the doctrine of judicial review, stating that judges are "in office for life" and not responsible "to the elective control".
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Federalism and the rights and responsibilities of state governments
Federalism is a key principle of the US Constitution, dividing the governance process between the federal and state governments. The Constitution is the supreme law of the land, and federal law takes precedence over conflicting state laws. The Constitution sets out the federal government's powers, and any powers not specifically given to the federal government are reserved for the states. This structure gives states the authority to govern themselves, while also creating a strong federal government.
The first three articles of the Constitution embody the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The legislative branch consists of Congress, which has lawmaking powers and is made up of the Senate and the House of Representatives. The executive branch consists of the President and subordinate officers, with the President as the nation's head of state and government. The judicial branch consists of the Supreme Court and other federal courts, which interpret the Constitution and can rule on whether the federal government conforms to it.
The rights and responsibilities of state governments are outlined in the Constitution, with states having the power to create and enforce laws within their borders. This includes the police power, which is unique to the states and allows them to enforce laws and maintain public order. The Tenth Amendment reserves all powers not delegated to the federal government to the states or the people, protecting state power and limiting the federal government's ability to act.
However, federalism has evolved over time, and the balance between federal and state power has shifted. After the Civil War, the Fourteenth Amendment provided for federal protection of individual rights against state governments, forbidding states from violating the fundamental rights of their citizens. The federal government can now prevent states from violating privileges and immunities, depriving citizens of life, liberty, or property without due process, and denying equal protection.
While federalism has advantages, such as allowing states to experiment with novel government programs, there is ongoing debate about the relationship between federal and state power. Judges and scholars disagree on how to interpret federalism, and there are questions about the judiciary's role in enforcing states' interests against the federal government.
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The amendment process
The US Constitution is the supreme law of the United States of America. It is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights.
The second step involves ratifying the proposed amendment, which requires the approval of three-fourths of the states (38 out of 50). This can be done through the consent of state legislatures or state ratifying conventions. The ratification method is chosen by Congress for each amendment. State ratifying conventions have only been used once, for the Twenty-first Amendment.
The US Constitution, with its amendment process, has served as a framework for the United States government, uniting citizens under a single union and empowering them with rights and responsibilities.
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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 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 three branches: the legislative, the executive, and the judicial.
Article II describes the office, qualifications, and duties of the President of the United States and the Vice President. It outlines the President's role as the head of state, head of government, and Commander-in-Chief of the Armed Forces.
There are two steps to amending the Constitution. First, the proposed amendment must be adopted by either a two-thirds majority in both houses of Congress or a national convention called by two-thirds of state legislatures. Second, the amendment must be ratified by three-fourths of the states (38 out of 50).
