Omar Bennett
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 It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.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 is divided into seven articles, each dealing with different topics. The first three articles establish the three branches of government and their powers: the legislative branch (Congress), the executive branch (office of the President), and the judicial branch (Federal court system). The Constitution also outlines the amendment and ratification processes, the relationship between the states and the Federal Government, and the powers of the judicial system.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| First three Articles | Establish the three branches of government and their powers: Legislative, Executive, and Judicial |
| Article I | Assigns the responsibility for making laws to the Legislative Branch (Congress) |
| Article II | Concerns the Executive Branch of government |
| Article III | Establishes the Supreme Court as the highest judicial power in the United States |
| Article IV | Defines the relationship between the states and the Federal Government |
| Article V | Describes the procedure for amending the Constitution |
| Article VI | Declares the Constitution as the "supreme Law of the Land", with Federal law taking precedence over state and local laws |
| Article VII | Describes the ratification process for the Constitution |
| Amendment Process | Requires a two-thirds vote in both the Senate and the House of Representatives, or an application from two-thirds of state legislatures to Congress, followed by a national convention |
| Ratification | Requires a vote by three-fourths of state legislatures or state conventions |
| Judicial Powers | Include the power to punish, sentence, and direct future action to resolve conflicts, as well as the authority to interpret and apply the law |
| Federal Courts | Granted criminal and civil contempt powers to enforce judicial decisions |
| Supreme Court | Holds discretionary jurisdiction and decides Constitutional issues of state law on a case-by-case basis |
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What You'll Learn
The US Constitution is the supreme law
The first three articles establish the three branches of government and their powers: the legislative (Congress), executive (office of the President), and judicial (Federal court system). A system of checks and balances prevents any one of these separate powers from becoming dominant.
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 IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process of constitutional amendment. Article V explains the amendment process, which is different and more difficult than the process for making laws. Article VI states that Federal law is supreme, or higher than, state and local laws.
The US Constitution is the framework for the US government. It is the source of all government powers and provides important limitations on the government that protect the fundamental rights of US citizens.
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It establishes a system of checks and balances
The US Constitution establishes a system of checks and balances through the separation of powers into three branches of government: the legislative, executive, and judicial. This system ensures that no single branch or individual has too much power and prevents any one branch from becoming dominant.
The legislative branch, or Congress, is responsible for making laws. It is divided into two parts: the House of Representatives and the Senate. The executive branch, led by the President, can veto laws passed by the legislative branch. Meanwhile, the judicial branch, with the Supreme Court at its head, can declare laws unconstitutional.
For example, in a 1983 case concerning the deportation of an alien, the US Supreme Court held that legislative vetoes were unconstitutional, despite the House of Representatives overturning the Justice Department's suspension of the deportation. This showcases how the judicial branch can check the power of the legislative branch.
Additionally, the executive branch, through federal agencies, is responsible for the day-to-day enforcement and administration of federal laws. This includes a wide range of missions and responsibilities, such as environmental protection and protecting the nation's borders.
The system of checks and balances in the US Constitution is influenced by ancient Rome and the ideas of Greek historian Polybius and French philosopher Baron de Montesquieu, who emphasised the importance of separating powers to prevent despotism and ensure liberty.
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It outlines the US judicial system
The US Constitution is divided into seven articles, the first three of which establish the three branches of government and their powers: the legislative, executive, and judicial branches.
Article III of the US Constitution establishes the federal judiciary, with the Supreme Court at its apex. It states that:
> "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
Article III, Section I, grants Congress the power to decide how to organise the Supreme Court. This power was first exercised in the Judiciary Act of 1789, which established a Supreme Court with six justices and a lower federal court system. The number of seats on the Supreme Court has varied over the years, from five to ten. Following the Civil War, the number of seats was fixed at nine, where it remains today.
The Supreme Court is the highest court in the land and acts as the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of government recognises the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution. The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. It has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
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It defines the amendment process
The Constitution of the United States contains a preamble and seven articles that outline the structure and operation of the government. Article V of the Constitution outlines the amendment process, which is distinct from and more challenging than the law-making process.
The amendment process can be initiated in two ways. Firstly, the Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, can propose amendments. Secondly, two-thirds of state legislatures can submit an application to Congress, requesting a Constitutional Convention to propose amendments. However, in reality, all 27 amendments to the Constitution have been proposed by Congress and none by a Constitutional Convention.
Once an amendment is proposed, it is sent to the state legislatures for ratification. For an amendment to be ratified and become part of the Constitution, it must be approved by three-fourths of the state legislatures or three-fourths of state conventions, depending on the mode of ratification specified by Congress. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Office of the Federal Register (OFR) within NARA plays a crucial role in this process. The OFR examines ratification documents for their legal sufficiency and authenticity. Once the required number of authenticated ratification documents is received, the OFR drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register, marking the completion of the amendment process.
The amendment process ensures that any changes to the Constitution are carefully considered and broadly supported by the states. It reflects the founding fathers' intention to create a flexible yet stable framework for governing the nation.
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It establishes the legislative, executive, and judicial branches
The Constitution of the United States establishes the legislative, executive, and judicial branches of the federal government. The legislative branch is made up of a bicameral Congress, consisting of the House of Representatives and the Senate. This branch is responsible for making laws. The executive branch consists of the President and subordinate officers. The judicial branch is made up of the Supreme Court and other federal courts, which have the power to interpret and apply the law, as well as punish and sentence.
The first three articles of the Constitution outline these three branches of government and their powers. Article I establishes and assigns responsibility to the legislative branch, vesting law-making powers in Congress. Article II establishes the executive branch, led by the President. Article III establishes the judicial branch, with the Supreme Court as the highest judicial power.
The Constitution also outlines the relationship between these branches, with a system of checks and balances in place to prevent any one branch from becoming dominant. The legislative branch can check the power of the executive through the power of the purse, confirmation of appointments, and impeachment. The executive branch can check the legislative by vetoing legislation and the judicial through appointing judges. The judicial branch can check the legislative by reviewing and striking down laws, and it can check the executive by reviewing and striking down executive actions.
In addition to the three branches of government, the Constitution also outlines the role of federal courts and their powers. Federal courts have both criminal and civil contempt powers, as well as the power to interpret and apply the law, punish, and sentence. The Constitution grants federal courts the authority to hear actual cases and controversies, and it outlines the process for amending the Constitution and the relationship between federal and state law.
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Frequently asked questions
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 is divided into a preamble and seven articles that describe the way the government is structured and how it operates. 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).
The first three articles establish the three branches of the federal government: the legislative (Article I), the executive (Article II), and the judicial (Article III).
The Constitution grants federal courts criminal contempt and civil contempt powers. It also outlines the power to punish, sentence, and direct future action to resolve conflicts. The Supreme Court holds discretionary jurisdiction, meaning it does not have to hear every case brought to it.
