Simone Lawson
The United States Constitution is a document that outlines the structure and operation of the US government. It is comprised of a preamble and seven articles, which establish the three branches of government: the Legislative Branch (Congress), the Executive Branch (Office of the President), and the Judicial Branch (Federal Court System). The Constitution also defines the relationship between the Federal Government and the states, with each part serving a specific function in maintaining the nation's government and legal framework. Amendments to the Constitution are proposed by Congress and require ratification by a specified number of states. The Constitution's creation involved compromises, such as the Connecticut Compromise, which aimed to balance representation in Congress.
| Characteristics | Values |
|---|---|
| Structure and operation of the government | The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system). |
| System of checks and balances | A system of checks and balances prevents any one of these separate powers from becoming dominant. |
| Relationship of the states to the Federal Government | Articles four through seven 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. |
| States' powers | States have the authority to create and enforce their laws but must respect and help enforce the laws of other states. |
| Amendment process | When two-thirds of the Senate and two-thirds of the House of Representatives vote to change the Constitution, an amendment goes to the state legislatures for a vote. |
| Ratification process | Three-fourths of the state legislatures or state conventions must vote in favor of an amendment to ratify it. |
| Federal law supremacy | Federal law is supreme, or higher than, state and local laws. |
| Judicial review | The courts can exercise judicial review over the actions of Congress or the executive branch, although no part of the Constitution expressly authorizes this. |
| Congress and representation | Congress is divided into two parts, or “Houses,” the House of Representatives and the Senate, with each state having two senators. |
| Apportionment | Based on surveys, Congress must determine how many representatives (at least one required) are to come from each state and how federal resources are to be distributed among the states. |
| Admission of new states | Congress can admit new states into the Union, but a single state cannot create a new state within its boundaries. |
| Electoral College | Each state appoints electors equal to the total number of House and Senate members in their state, and the electors vote for two persons. The presidential candidate with the most votes wins, and the runner-up becomes the vice president. |
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What You'll Learn
- The first three articles establish the three branches of government
- Articles four to seven describe the relationship of the states to the Federal Government
- The constitution outlines the powers of the states in relation to each other
- It establishes the process for admitting new states into the Union
- The constitution establishes the amendment and ratification processes
The first three articles establish the three branches of government
The United States Constitution is a document that outlines the structure and operation of the government. It is comprised of a preamble, seven articles, and an endorsement. The first three articles establish the three branches of government: the Legislative, Executive, and Judicial branches.
The first article, pertaining to the Legislative Branch, assigns the responsibility for making laws to Congress. Congress is divided into two parts, or "houses": the House of Representatives and the Senate. The number of members from each state in the House of Representatives is determined by Congress based on survey data, with each state guaranteed at least one representative. The Senate, on the other hand, provides equal representation for each state, with two senators representing each state.
The second article pertains to the Executive Branch, which is headed by the President. The Electoral College, established by Article II, Section 1, provides that each state appoints electors equal to the total number of House and Senate members in their state, and these electors vote for the President and Vice President. The candidate with the most electoral votes becomes President, while the runner-up becomes Vice President. This was later amended to allow each party to nominate their candidates for President and Vice President.
The third article pertains to the Judicial Branch, which is comprised of the Federal court system. This article establishes the powers and responsibilities of the Supreme Court and other federal courts, including the authority to interpret the Constitution and resolve legal disputes. The Judicial Branch also plays a role in checking the powers of the other two branches, ensuring that no one branch becomes dominant.
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Articles four to seven describe the relationship of the states to the Federal Government
Articles Four to Seven of the US Constitution outline the relationship between the states and the Federal Government. Article IV grants Congress the power to regulate the territories of the US and protect each state against invasion and domestic violence. It also guarantees each state a republican form of government. Article V lays out the procedures for amending the Constitution, providing a stable way of amending the document. It does not require presidential approval for constitutional amendments, unlike federal legislation. Article VI establishes the Constitution, federal laws made under it, and all treaties made under the authority of the US as the supreme law of the land. It also states that no religious test shall ever be required as a qualification for any office or public trust under the US. Lastly, Article VII states that the ratification of the conventions of nine states is sufficient for the establishment of the Constitution between the ratifying states.
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The constitution outlines the powers of the states in relation to each other
The US Constitution outlines the powers of the states in relation to each other in Article IV. This article grants states the authority to create and enforce their own laws, while also mandating that they respect and assist in enforcing the laws of other states. This system ensures that no individual state's laws are prioritised over another's.
Congress, however, may pass federal laws regarding how states honour the laws of other states. This dynamic between federal and state law is a delicate one, with considerable effort going into fostering a spirit of comity between the federal government and the states. The Supreme Court will only decide on Constitutional issues of state law on a case-by-case basis and only when there is a strict Constitutional necessity.
The Constitution also establishes the process for admitting new states into the Union. While Congress can admit new states, a single state cannot create a new state within its boundaries. For example, New York cannot make New York City a separate state. Additionally, two states or parts of states cannot become states without the consent of the various state legislatures and Congress.
The Constitution also addresses the issue of slavery, with the delegates agreeing to protect the slave trade for 20 years and allowing states to count three-fifths of their slaves as part of their populations for representation in the federal government. This compromise held the Union together but resulted in slavery continuing for six more decades.
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It establishes the process for admitting new states into the Union
The United States Constitution establishes the process for admitting new states into the Union. The first clause of Article IV, Section 3, also known as the Admissions Clause, authorises Congress to admit new states into the Union. This clause outlines that no new state shall be formed within the jurisdiction of an existing state without the consent of the concerned state legislatures and Congress.
The Admissions Clause provides little guidance on how Congress should exercise its power to admit new states, leaving the details of the admission process to congressional determination. In practice, Congress has admitted new states formed out of the territory of a consenting existing state, specifying that the new state is admitted on equal footing with the original states in all respects. This principle, known as the equal footing doctrine, was established by the Northwest Ordinance, which set the precedent for the expansion of the federal government westward through the admission of new states.
Historically, most new states formed by Congress have been established from organised incorporated U.S. territories, created and governed by Congress. However, this is not a constitutional requirement, as demonstrated by the example of Texas, which was an independent republic before being annexed and admitted as a state. The process of admitting new states often involved Congress and the President exercising broad authority under the Property Clause of Article IV, Section 3.
The Enabling Act, another mechanism in the process of admitting new states, involves Congress delegating the final approval process to the President. The primary issue that courts have addressed regarding the Admissions Clause is the extent to which it limits Congress's power to impose conditions on the sovereignty of admitted states. Despite the Constitutional Convention's rejection of a provision requiring equal footing, the Supreme Court has interpreted such a requirement into the Admissions Clause.
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The constitution establishes the amendment and ratification processes
The United States Constitution establishes the government's structure and how it operates. It comprises a preamble and seven articles. The first three articles establish the three branches of government and their powers: the legislative branch (Congress), the executive branch (the office of the President), and the judicial branch (the Federal court system).
The Constitution also establishes the amendment and ratification processes. Article IV outlines the states' powers in relation to each other, including their authority to create and enforce their own laws while respecting and helping to enforce the laws of other states. Article V explains the amendment process, which is more complex than law-making. Amendments require a two-thirds majority in the Senate and the House of Representatives, after which they are sent to the state legislatures for a vote. Alternatively, two-thirds of state legislatures can submit an application for a national convention to propose amendments. Ratification requires a three-fourths majority of state legislatures or state conventions.
The Constitution also sets out the relationship between the states and the Federal Government. It establishes the Federal law's supremacy over state and local laws. Additionally, it grants Congress the power to admit new states into the Union, although a single state cannot create a new state within its boundaries without the consent of other state legislatures and Congress. The Constitution also mandates a national census every ten years to determine representation in Congress and the distribution of federal resources among the states.
The amendment and ratification processes in the Constitution provide a framework for adapting the nation's governing document while maintaining stability and consensus. They reflect the careful balance of powers and interests that characterise the United States Constitution.
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Frequently asked questions
The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system).
Articles four through seven 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.
Article I assigns the responsibility for making laws to the Legislative Branch (Congress).
Article IV outlines states' powers in relation to each other. States can create and enforce their own laws but must respect and help enforce the laws of other states.
Article V explains the amendment process, which is different and more difficult than the process for making laws.
