Isabella Carter
The Constitution of the United States is the foundation of the federal government and is considered the supreme law of the land. It is a living document that can be amended, although in over 200 years there have only been 27 amendments. The Constitution is divided into three parts: the Preamble, the seven Articles, and the Amendments. The Preamble describes the purpose of the document and the Federal Government, while the seven Articles establish the structure of the government and outline how it operates and can be changed. The first three articles establish the three branches of government and their powers: the legislative, executive, and judicial. The Amendments list the changes to the Constitution, with the first 10 being called the Bill of Rights. The Constitution also sets out requirements for the presidency, including that the president must be a natural-born citizen of the United States, have lived in the country for at least 14 years, and be at least 35 years old.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Purpose | To describe the way the government is structured and how it operates |
| Branches of Government | Legislative, Executive, and Judicial |
| Powers of the Branches | A system of checks and balances prevents any one branch from becoming dominant |
| Legislative Branch | Bicameral Congress, comprising the House of Representatives and the Senate |
| Executive Branch | Office of the President |
| Judicial Branch | Federal Court System, with the Supreme Court as the highest court |
| Federalism | Articles outline the rights and responsibilities of state governments and their relationship with the federal government |
| Ratification Process | Special state ratifying conventions; nine states were required to enact the Constitution |
| Amendments | A more difficult process than making laws; requires a two-thirds vote in the Senate and House of Representatives, followed by a vote in state legislatures |
| Presidential Requirements | Natural-born citizen, at least 35 years old, and lived in the US for at least 14 years |
| Slavery | Protected for 20 years, with a provision for the return of escaped slaves to their owners |
| Statehood | New states are granted equal rights, but territories may be sold off or regulated independently |
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What You'll Learn
Requirements for the President
The US Constitution sets out a number of requirements for the President of the United States.
Firstly, the President must be a natural-born citizen of the United States. This was a key consideration for the Framers of the Constitution, who wanted to ensure that the President's loyalties would lie strictly with the US and that they would be protected from the influence of foreign governments. An exception is made for those who were citizens at the time of the Constitution's adoption.
Secondly, the President must be at least thirty-five years old and must have been a resident of the United States for at least fourteen years. These age requirements were put in place to ensure that the President would have the necessary maturity and that the electorate would have enough information to assess the candidate's merits.
Thirdly, the President is required to take an oath or affirmation before taking office, swearing to faithfully execute the duties of the office and to preserve, protect and defend the Constitution.
The Constitution also sets out the powers of the President, including the power to make treaties with the advice and consent of the Senate, to appoint ambassadors, ministers, judges and other officers, and to fill vacancies during the recess of the Senate. The President is the Commander-in-Chief of the US armed forces and may require the written opinion of the principal officers of the executive departments. They also have the power to grant reprieves and pardons for offences against the US, except in cases of impeachment.
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Ratification process
The ratification process for the US Constitution was a long and arduous journey. The Constitutional Convention, comprising delegates like George Washington and Benjamin Franklin, drafted the Constitution. However, the document would only become binding once ratified by nine of the thirteen states, as outlined in Article VII. This process of obtaining state approval is known as ratification.
The battle between Federalists and Antifederalists intensified during the ratification process. Antifederalists opposed the Constitution, arguing it lacked protections for essential rights like freedom of speech, religion, and press. The Massachusetts Compromise, which promised a Bill of Rights, helped secure several states' ratification. Delaware was the first state to ratify on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut.
The process of ratification varied across states. Some states, like Massachusetts and New Hampshire, held town meetings or employed freemen to approve the Constitution. The delegates at the Constitutional Convention also recognised the importance of state conventions, which provided an opportunity for prominent individuals outside of state legislatures to participate in the ratification debate. These conventions were advantageous as they only met once and disappeared, making it easier to obtain ratification than from legislatures reluctant to cede power.
The ratification process also involved sending drafts of the Constitution to each state legislature for approval. The Constitution became the official framework of the US government on June 21, 1788, when New Hampshire became the ninth state to ratify it. The remaining four states eventually ratified the Constitution, and it was fully ratified by all states on May 29, 1790, when Rhode Island approved the document.
The process of amending the Constitution is outlined in Article V. Amendments can be proposed by Congress with a two-thirds majority vote in both houses or by a constitutional convention called for by two-thirds of state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The Archivist of the United States administers the ratification process, and the final certification is published in the Federal Register.
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Separation of powers
The United States Constitution is structured around the separation of powers, a political doctrine that divides the government into three distinct branches: the legislative, executive, and judicial. This system aims to prevent the accumulation of power in a single entity, thus protecting citizens' liberty and natural rights.
The legislative branch, comprising the Senate and the House of Representatives, is responsible for creating laws. The executive branch, led by the President, enforces these laws, and the judicial branch, headed by the Supreme Court, interprets them. Each branch serves as a check on the others, ensuring a balance of power.
The legislative branch, or Congress, holds significant power in the US system. While it can pass laws, its powers are limited to those "herein granted" by the Constitution. Congress can also restrain executive officials through legislation, ensuring they perform their duties as outlined by law. Additionally, Congress has the authority to declare war, raise and maintain armed forces, and appoint military leaders, subject to Senate confirmation.
The executive branch, headed by the President, holds specific powers and duties. The President is the Commander-in-Chief of the military and has the authority to take appropriate military action in sudden crises. They can also make treaties, appoint officials, and receive ambassadors with the Senate's consent. However, the President does not personally enforce the law; this duty falls to subordinate officers.
The judicial branch, established by Article III of the Constitution, wields judicial power independently of the other branches. The Supreme Court and lower courts interpret laws and apply them to specific cases. This branch ensures that neither the President nor Congress can influence the interpretation or application of the law.
The separation of powers doctrine was influenced by philosophers like Montesquieu, who advocated for a constitutional government with separate branches to check and balance each other's powers. This doctrine was a response to the perceived tyranny of the British government, ensuring that no single branch of the US government holds absolute power.
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Judicial Branch
Article III of the US Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. The judicial branch operates within a constitutional system of "checks and balances" with the legislative and executive branches. This means that while each branch is formally separate, the Constitution often requires cooperation among them.
The judicial branch is composed of the Supreme Court and inferior courts, such as the US district courts and US courts of appeals, that are established by Congress. The Supreme Court is the highest court in the land and is the only part of the federal judiciary specifically required by the Constitution. The number of Supreme Court Justices is not stipulated by the Constitution but is instead set by Congress. There have been as few as six Justices, but since 1869, there have been nine Justices, including one Chief Justice and eight Associate Justices.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. The Supreme Court, in particular, has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. The Court's caseload is almost entirely appellate in nature, and its decisions cannot be appealed to any authority as it is the final judicial arbiter in the US on matters of federal law.
Article III of the Constitution also guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of their peers. Federal judges are appointed by the President and confirmed by the Senate.
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Federal democratic republic
The US Constitution, which came into effect in 1789, established a federal democratic republic. This means that the US is a nation composed of smaller states, which are united under a central government. The US Constitution provides the framework for how the federal and state governments are structured and also places limits on their powers.
The US is a democratic republic because the people govern themselves and elect representatives to exercise political power on their behalf. The US Constitution begins with "We the People", and the purpose of the Federal Government is 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".
The US Constitution is considered a federal system because power is shared between a national government, representing the entire populace, and regional and local governments. The federal government's power is supreme, and any action it takes that is authorised by the Constitution supersedes any state or local law. However, federal activity must be in accordance with the Constitution, or it is illegal.
The US Constitution is also considered a republic because the government's power is derived from its people. The US is not a direct democracy, but a representative democracy, where people vote for representatives to govern on their behalf. The US Constitution's framers believed that a mixed government, containing both republican and democratic features, would be the most resilient system.
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Frequently asked questions
Two states, or parts of states, cannot become states without the consent of the various state legislatures and Congress.
There are three requirements: one must be a natural-born citizen of the United States, have lived in the United States for at least 14 years, and be at least 35 years old.
The Constitution sets the requirement that each branch of government acts independently and does not overreach its delegated powers.
For an amendment to the Constitution, two-thirds of the Senate and two-thirds of the House of Representatives must vote to change the Constitution, and then it goes to the state legislatures for a vote.
Federal judges are appointed for life unless they commit a serious crime.
