Isabella Carter
The US Constitution, beginning with the famous words We the People, is composed of the Preamble, seven articles, and 27 amendments. The first 52 words of the Constitution introduce the articles and amendments that follow. The seven articles make up the structural constitution, signed on September 17, 1787, and ratified on June 21, 1788. The first 10 amendments are known as the Bill of Rights. The Constitution outlines the US judicial system, including the powers and administration of federal courts. It also establishes the legislative powers of Congress and the requirements for representatives. The Constitution has been amended over time, such as the Twentieth Amendment, which changed the date on which a new president, vice president, and Congress take office.
| Characteristics | Values |
|---|---|
| First words | We the People |
| Number of articles | 7 |
| Number of amendments | 27 |
| First 10 amendments | The Bill of Rights |
| Date of signing | September 17, 1787 |
| Date of ratification | June 21, 1788 |
| Date of the first 10 amendments' ratification | December 15, 1791 |
| Date of the 20th Amendment | 1933 |
| Date of the 22nd Amendment | 1951 |
| Minimum age of a Representative | 25 years |
| Minimum age of a President | 35 years |
| Minimum citizenship period for a Representative | 7 years |
| Minimum citizenship period for a President | Natural-born citizen or citizen at the time of the Constitution's adoption |
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What You'll Learn
The US Constitution's Preamble
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The preamble, which begins with the words "We the People", sets out the Constitution's overarching goals and principles.
The full text of the preamble is as follows:
"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."
This preamble establishes the Constitution as a framework for uniting a group of states with diverse interests, laws, and cultures into a cohesive whole. It also highlights the role of the people in vesting power in the union and the importance of creating a more perfect union.
The preamble is followed by seven articles that outline the basic framework of the federal government. The first three articles embody the doctrine of the separation of powers, dividing the government into three branches: the legislative (Article I), the executive (Article II), and the judicial (Article III). The remaining articles (Articles IV, V, and VI) elaborate on concepts of federalism, outlining the rights and responsibilities of state governments and their relationship to the federal government.
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Judicial power and federal courts
The US Constitution establishes a system of checks and balances, with the legislative, executive, and judicial branches formally separate but often required to cooperate. The judicial branch, for instance, has the authority to decide the constitutionality of federal laws, but it depends on the executive branch to enforce court decisions.
Article III of the Constitution establishes the federal judiciary and vests the judicial power of the United States in a supreme court and such lower courts as Congress may establish. The Constitution outlines the US judicial system, with the Judiciary Act of 1789 filling in the details. Title 28 of the US Code currently describes judicial powers and administration.
The US Supreme Court is the highest court in the country, with discretionary jurisdiction. It has the power of judicial review, or the ability to declare a legislative or executive act in violation of the Constitution. The Supreme Court also has appellate jurisdiction, meaning it can hear cases on appeal that involve a point of constitutional and/or federal law.
The nation's 94 district or trial courts are called US district courts. These resolve disputes by determining the facts and applying the law to those facts. There are also 90 US bankruptcy courts to help people and businesses that cannot pay their debts.
The Constitution grants federal courts criminal and civil contempt powers to enforce judicial decisions. Federal courts can imprison for contumacy, bad-faith litigation, and failure to obey a writ of mandamus. Judicial power also includes that granted by Acts of Congress for rules of law and punishment, and it extends to areas not covered by statute. Federal courts can only hear actual cases and controversies, not hypothetical ones.
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Amendments
The US Constitution begins with the famous words, "We the People", followed by the preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791.
The first three amendments to the Constitution are related to the protection of individual liberties and rights. The First Amendment guarantees freedom of religion, speech, and the press, as well as the right to peaceful assembly and to petition the government. The Second Amendment protects the right of the people to keep and bear arms, and the Third Amendment prohibits the quartering of soldiers in civilian homes during peacetime without the owner's consent.
Other amendments address a range of issues, including the process of government and elections. For example, the Twentieth Amendment changed the date on which a new president, vice president, and Congress take office, shortening the transition period. The Twenty-second Amendment, ratified in 1951, limits an elected president to two terms in office, for a total of eight years.
The process of amending the Constitution is a deliberate and challenging process, ensuring that any changes made are carefully considered and broadly supported. Amendments have played a crucial role in shaping the US political system and protecting the rights of its citizens.
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Presidential terms
The original US Constitution did not stipulate any limit on presidential terms. Alexander Hamilton, for instance, envisioned a president who would be nominated by Congress to serve for life, while others proposed different term lengths. The first US President, George Washington, opted to retire after two terms, setting an unofficial precedent for future presidents to adhere to a two-term limit.
However, this unofficial tradition was broken by Franklin D. Roosevelt, who was elected president four times from 1932 to 1944. Roosevelt's unprecedented fourth term, coupled with his extensive use of executive power during the Great Depression and World War II, raised concerns in Congress about the potential for executive overreach. In response, the Twenty-second Amendment to the Constitution was proposed in 1947 and ratified on February 27, 1951.
The Twenty-second Amendment establishes a two-term limit on the presidency, stating that no person shall be elected to the office of the President more than twice. Additionally, it outlines stipulations regarding the eligibility of succession for unfinished presidential terms, specifying that individuals who have served as President for more than two years of another President's term can only be elected to one additional term.
The amendment also includes provisions regarding its applicability and ratification. It does not apply to individuals holding the office of President when the amendment was proposed or ratified, allowing them to serve the remainder of their term without impacting their eligibility for re-election. To become operative, the amendment required ratification by the legislatures of three-fourths of the states within seven years of its submission to Congress.
Despite the clear intent of the Twenty-second Amendment to limit presidential terms, some ambiguities and questions have been raised regarding its interpretation and potential loopholes. These discussions highlight the complex nature of constitutional amendments and the ongoing evolution of their understanding and implementation.
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Slavery
The Constitution of the United States 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's main provisions include seven articles that define the basic framework of the federal government. The 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).
One of the most notable provisions was the Three-Fifths Compromise, outlined in Article I, Section 2, which stated that for the purpose of representation in Congress and taxation, enslaved people would be counted as three-fifths of a person. This compromise gave the Southern states more political power in Congress while also ensuring that the North would not be outnumbered. Additionally, the Fugitive Slave Clause, also in Article IV, Section 2, required that escaped enslaved people be returned to their owners, even if they had fled to free states.
The Constitution also included provisions that indirectly supported slavery. For example, the Commerce Clause in Article I, Section 8, gave Congress the power to regulate interstate and foreign commerce, which included the slave trade. The Necessary and Proper Clause, also known as the Elastic Clause, in Article I, Section 8, granted Congress the power to pass laws necessary to carry out its enumerated powers, which could be interpreted to include legislation supporting slavery.
While the Constitution did not explicitly use the word "slavery," the institution of slavery was implicitly recognized and protected through these various provisions. It is important to note that the Constitution was a product of its time, and the inclusion of these clauses reflected the prevailing attitudes and economic realities of the late 18th century. However, the Constitution also provided a framework for future generations to challenge and ultimately abolish slavery, setting the stage for the Civil War and the passage of the Thirteenth Amendment in 1865, which finally ended slavery in the United States.
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Frequently asked questions
"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 preamble outlines the basic principles and objectives of the US Constitution.
There have been 27 amendments to the Constitution, beginning with the Bill of Rights, which consists of the first 10 amendments.
