Eleanor Finch
The Constitution of a country is a written instrument that embodies the rules of a political or social organization. It contains the fundamental laws and principles with which all other laws must conform. The U.S. Constitution, for example, consists of a preamble and seven articles that describe the structure and operation of the government. The preamble, which is an introduction to the document, sets the stage for the Constitution by communicating the intentions of its framers and the purpose of the document. It is not a law itself but rather an outline of the aspirations that We the People have for the government and the nation's way of life.
| Characteristics | Values |
|---|---|
| Introduction | Preamble |
| Purpose | Sets the stage for the Constitution |
| Content | Describes the way the government is structured and how it operates |
| Number of Articles | Seven |
| First three articles | Establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system) |
| Amendment process | Explained in Article V |
| Federal law | Supreme, or higher than, state and local laws |
| Legislative Branch | Divided into two parts, or “Houses,” the House of Representatives and the Senate |
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What You'll Learn
The US Constitution's introduction is known as the Preamble
The US Constitution is a foundational legal document outlining the structure and operation of the US government. It comprises an introduction, known as the Preamble, and seven articles. The Preamble, drafted in Philadelphia in 1787, sets the tone and communicates the intentions of the framers, though it is not legally binding. It begins with the words, "We the People of the United States", and outlines six aspirations:
- To form a more perfect Union
- Establish Justice
- Insure domestic Tranquility
- Provide for the common defence
- Promote the general Welfare
- Secure the Blessings of Liberty to ourselves and our Posterity
These aspirations are considered the fundamental purposes and guiding principles of the Constitution. The Preamble is often cited by courts as evidence of the Founding Fathers' intentions, helping to interpret the meaning and spirit of the Constitution, particularly in cases involving individual freedoms and eminent domain.
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The Preamble communicates the intentions of the framers
The Preamble to the United States Constitution is an introductory statement that outlines the fundamental purposes and principles that guide the Constitution. Beginning with the words, "We the People", it establishes that the Constitution is a collective enactment of all US citizens, rather than the government or any branch thereof. This phrase was chosen by the Committee of Style, as it was unclear how many states would ratify the Constitution.
The Preamble was drafted in six weeks during the summer of 1787 in Philadelphia by Gouverneur Morris, a Pennsylvania delegate to the Constitutional Convention. It sets the stage for the Constitution, communicating the intentions of the framers and the purpose of the document. It is not a law itself, nor does it define government powers or individual rights. Instead, it outlines the aspirations that "We the People" have for the government and the nation.
The Preamble states five objectives: to "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". These objectives reflect the framers' intentions to form a more perfect Union and establish a government that protects individual freedom and ensures liberty for its citizens.
Courts have referred to the Preamble as evidence of the Founding Fathers' intentions and what they hoped to achieve with the Constitution. It is used to interpret the meaning of the Constitution and understand the "spirit" of the document. For example, in the case of Ellis v. City of Grand Rapids, the court pointed to the Preamble's reference to "promoting the general Welfare" as evidence that the health of the people was a priority for the framers.
In summary, the Preamble to the United States Constitution clearly communicates the intentions of the framers by outlining the fundamental purposes, principles, and aspirations that guide the nation and its government. It serves as an important introduction to the highest law of the land, setting the stage for the Constitution and its subsequent articles and amendments.
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The Constitution outlines the three branches of government
The Constitution of the United States is a document that outlines the way the government is structured and how it operates. It is the highest law of the land and consists of a preamble and seven articles. The first three articles establish the three branches of government and their powers: the legislative, executive, and judicial branches.
The Legislative Branch, also known as Congress, is responsible for making laws and is divided into two parts, or "houses": the House of Representatives and the Senate. This branch is in charge of creating legislation and has the power to confirm or reject presidential nominations for important positions, such as heads of federal agencies and federal judges.
The Executive Branch is headed by the President, who is the leader of the federal government and Commander-in-Chief of the armed forces. The President enforces the laws created by the Legislative Branch and has the power to veto legislation. The Vice President supports the President and assumes the role of President if the President is unable to serve. The Executive Branch also includes executive departments, independent agencies, and various boards and committees.
The Judicial Branch, or the Federal Court System, interprets laws according to the Constitution and hears cases involving federal issues. It includes the Supreme Court, which is the highest court in the country, and lower courts located in each state. The Supreme Court has nine Justices who interpret the Constitution and hear cases pertaining to constitutional issues.
The Constitution's system of checks and balances ensures that no branch of government becomes dominant and allows each branch to respond to the actions of the other branches. For example, while the President can veto legislation, Congress has the power to remove the President from office in exceptional circumstances.
The Constitution also outlines the amendment and ratification processes. Amendments can be proposed by Congress or by a national convention called by Congress in response to applications from state legislatures. Ratification requires the approval of three-fourths of the state legislatures or state conventions.
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The Legislative Branch is divided into two parts, or Houses
The Legislative Branch, also known as Congress, is divided into two parts, or Houses: the House of Representatives and the Senate. This division of Congress is often referred to as the "Great Compromise" or "Connecticut Compromise". The two Houses of Congress have equal but unique roles in the federal government. While they share legislative responsibilities, each house also has special constitutional duties and powers.
The House of Representatives is composed of members chosen every second year by the people of the various states. Representatives must be at least 25 years old, have been a US citizen for at least seven years, and live in the state in which they are chosen. The House of Representatives has the sole power of impeachment and shall choose its Speaker and other officers.
The Senate, on the other hand, is composed of two Senators from each state, chosen by the state legislature for six-year terms. Each Senator has one vote, and immediately after the first election, they are divided as equally as possible into three classes. The Times, Places, and Manner of holding elections for Senators are prescribed in each state by the Legislature, but Congress can make or alter these regulations (except for the places of choosing Senators).
Both Houses must keep a Journal of their proceedings and publish it, except for parts that they deem require secrecy. Neither House can adjourn for more than three days without the consent of the other, nor can they adjourn to a different place than where the two Houses are sitting.
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The US Constitution is different from the British Constitution
The US Constitution and the British Constitution are two of the most popular constitutions in the world. They have served as models of fundamental law for many countries. However, they are based on two entirely different political systems.
The US Constitution is a written document, whereas the British Constitution is unwritten and does not have a proper codified form. It is a huge compendium of traditions and court rulings that together establish the equivalent of a working constitution. The US Constitution has a preamble, which sets the stage for the Constitution and communicates the intentions and purpose of the document. The British Constitution does not have a similar preamble.
The US Constitution establishes a federal system, dividing power between three branches of government: the legislative, executive, and judicial. The first three articles of the US Constitution set up this system, outlining the responsibilities and powers of each branch. In contrast, the British political system has three independent organs of government: the legislature, executive, and judiciary. While the US Constitution has a concept of checks and balances, which allows for interference and scrutiny of each branch, the British system maintains a stricter separation of powers.
The US Constitution has a defined amendment process, with 27 amendments added in 1992. In comparison, the British Constitution does not require a rigid process to initiate amendments and has evolved dramatically over time. For example, the introduction of the Magna Carta significantly changed the British Constitution.
Finally, the US Constitution operates within a federal system, with federal power vested in the center and autonomous states. In contrast, the UK is a unitary state, comprising four countries: Scotland, Ireland, England, and Wales, which collectively form a single nation.
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