Malcolm Rivera
The United States Constitution is a document that outlines the way the government is structured and operates. It is composed of a preamble, seven articles, and 27 amendments. 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 remaining articles describe the relationship between the states and the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes. The first 10 amendments are known as the Bill of Rights. Sections within the Constitution outline the US judicial system, the powers of federal courts, and the processes for amending the Constitution.
| Characteristics | Values |
|---|---|
| Number of words in the introduction | 52 |
| Number of articles | 7 |
| Number of amendments | 27 |
| First 10 amendments | Bill of Rights |
| First 3 articles | Establish the three branches of government and their powers |
| Branches of government | Legislative, Executive, Judicial |
| Powers of the Legislative Branch | Making laws |
| Powers of the Executive Branch | Important political powers, including foreign affairs |
| Powers of the Judicial Branch | Vesting judicial power in federal courts, interpreting and applying the law, punishing, sentencing, directing future action to resolve conflicts |
| Amendment process | Explained in Article V, requiring a two-thirds majority in both houses of Congress or two-thirds of state legislatures applying to Congress, followed by a three-fourths majority for ratification |
| Supremacy of Federal law | Established in Article VI as supreme over state and local laws |
| Ratification process | Described in Article VII, requiring nine states to enact the Constitution |
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What You'll Learn
The US Constitution is composed of a preamble, seven articles, and 27 amendments
The US Constitution is a blueprint for the country, written over 200 years ago when the nation was first being established out of 13 British colonies. It is composed of a preamble, seven articles, and 27 amendments, which together outline the core components of how the framers intended the government to run the country.
The preamble sets the stage for the rest of the Constitution. It is an introduction to the highest law of the land and communicates the intentions of the framers and the purpose of the document. The 52-word paragraph includes five objectives: to establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to the citizens and their posterity.
The seven articles make up the structural constitution, which was signed on 17 September 1787 and ratified on 21 June 1788. They are as follows:
- Article I – The Legislative Branch: This branch is responsible for making laws and is split into two chambers: the House of Representatives and the Senate. Congress can draft and pass legislation, borrow money for the nation, declare war, and raise a military.
- Article II – The Executive Branch: This branch manages the day-to-day operations of the government through various federal departments and agencies, such as the Department of Treasury. The Executive Branch can also make treaties with other nations, appoint federal judges, department heads, and ambassadors, and determine how to run the country and military operations.
- Article III – The Judicial Branch: This article outlines the powers of the federal court system. The US Supreme Court is the court of last resort, and Congress can determine the size and scope of the lower courts. All judges are appointed for life unless they resign or are charged with misconduct.
- Article IV – The States: This article defines the relationship between the states and the federal government.
- Article V – Amendment: This article allows future generations to amend the Constitution if society requires it. Both the states and Congress can initiate the amendment process.
- Article VI – Debts, Supremacy, Oaths: Article VI determines that the US Constitution and all laws made from it are the "supreme Law of the Land." All officials must swear an oath to the Constitution.
- Article VII – Ratification
There have been 27 amendments to the Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on 15 December 1791. Some examples include:
- The 4th Amendment: This amendment protects the right of the people to feel secure in their homes and possessions without "unreasonable searches and seizures."
- The 5th Amendment: This amendment provides several protections, including against double jeopardy, the right against self-incrimination, and the right to due process.
- The 6th Amendment: This amendment guarantees the right of all citizens to a speedy and fair public trial, an impartial jury, and the right to a defence counsel and witnesses in their favour.
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The first three articles establish the three branches of government
The United States Constitution, ratified on June 21, 1788, is composed of a preamble and seven articles that outline the structure and operation of the government. The first three articles establish the three branches of government, namely the legislative, executive, and judicial branches, and their respective powers.
Article I establishes the legislative branch, consisting of a bicameral Congress. It assigns the responsibility for making laws to Congress, which is divided into two houses: the House of Representatives and the Senate. The House of Representatives is composed of members chosen every second year by the people of the states, with each state having the right to determine the qualifications of its electors. Each house is responsible for judging the elections, returns, and qualifications of its members and can determine its rules of proceeding. It can also punish its members for disorderly behaviour and expel them with a two-thirds concurrence.
Article II establishes the executive branch, which consists of the President and subordinate officers. The President, as the head of the executive branch, is responsible for executing the laws and administering the government. The President has the power to appoint officers and is the commander-in-chief of the armed forces.
Article III establishes the judicial branch, which consists of the Supreme Court and other federal courts. This article vests the judicial power of the United States in the federal courts, granting them the authority to interpret and apply the law, as well as the power to punish, sentence, and direct future action to resolve conflicts. Federal judges are appointed for life unless they commit serious crimes. The right to a trial by jury in criminal cases is protected, and the crime of treason is defined.
Together, these first three articles embody the doctrine of the separation of powers, creating a system of checks and balances to prevent any one branch from becoming dominant.
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Federal courts have criminal and civil contempt powers
The US Constitution, in Article III, Section 1, 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. This section establishes the authority of federal courts to hold inherent powers over contempt and sanctions, including the power to punish contempt.
Contempt of court refers to the legal concept that empowers courts to address threats to the orderly conduct and integrity of judicial proceedings. This includes disrespectful or disruptive behaviour, as well as disobedience to court orders. Federal courts have the authority to punish contempt, which is considered disobedience of a court order or obstruction of justice. The Supreme Court has distinguished between criminal and civil contempt in its contempt decisions.
In the case of criminal contempt, defendants are subject to summary process and are not entitled to a jury trial. However, they possess the rights to be presumed innocent, to be proven guilty only if the charge is beyond a reasonable doubt, and to remain silent. The Clayton Act of 1914 provided that a person charged with criminal contempt of court for disobedience of a lawful order of a US district court is entitled to a jury trial if their act is classified as a criminal offense under federal law. The act also stated that punishment could not exceed a fine of $1,000 or six months' imprisonment.
On the other hand, civil contempt is traditionally viewed as the refusal of a person in a civil case to obey a mandatory order. A finding of willfulness is not required for imposing civil contempt sanctions, and the burden of proof is on clear and convincing evidence. Unlike criminal contempt, an accused contemnor facing civil coercive or remedial sanctions is not entitled to a jury trial. If the proceeding is civil, the sanction must serve a remedial or coercive function, and the sanction must be lifted upon the contemnor's compliance with the court order.
Federal courts' contempt powers are subject to limitations imposed by the Supreme Court's supervisory power and constitutional dimensions. The history of contempt powers has been marked by a shrinking of courts' power to punish summarily and an increase in due process requirements for finding an individual in contempt.
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Article V explains the amendment process
Article V of the US Constitution lays out the procedures for amending the document. It establishes two methods for proposing amendments: the first method involves Congress, and the second method involves a convention.
The first method, which has been used for all 33 amendments submitted to the states for ratification, involves two-thirds of both houses of Congress proposing an amendment, which becomes valid when ratified by the legislatures of three-fourths of the states. This process does not require presidential approval.
The second method, which has never been used, involves two-thirds of state legislatures applying for a convention to propose amendments. These amendments become valid when ratified by legislatures of three-fourths of the states or by conventions in three-fourths of the states, as proposed by Congress.
Article V also makes certain subjects unamendable. For example, no amendment made before 1808 could affect the first and fourth clauses in the ninth section of the first article, and no state can be deprived of its equal suffrage in the Senate without its consent.
There is debate among scholars about whether Article V provides the exclusive means of amending the Constitution. Some argue that there may be other routes to amendment, including routes where the Constitution could be unwittingly amended during periods of sustained political activity. Others argue that the procedure provided in Article V is simply the exclusive method for the government to amend the Constitution, and that it does not prevent the people from exercising their legal right to alter or abolish the government outside of this procedure.
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Article VI states that federal law is supreme
Article VI of the US Constitution, also known as the "Supremacy Clause", establishes federal law as supreme. This means that the Constitution and the laws and treaties of the federal government are the highest in the land. The first clause of Article VI provides that debts contracted prior to the adoption of the Constitution remain valid, as they were under the Articles of Confederation. This is further supported by the ruling in McCulloch v. Maryland (1819), where the Supreme Court struck down Maryland's attempt to tax a bank chartered by Congress, affirming the supremacy of federal law over state law.
The second clause of Article VI, or the "Supremacy Clause", explicitly states that the Constitution, federal laws made pursuant to it, and treaties made under its authority constitute the supreme law of the land. This clause takes precedence over any conflicting state laws or constitutions. State courts rule on state laws, but federal courts can intervene and order changes if state laws contradict federal law. The Supreme Court, under John Marshall, played a significant role in interpreting the "Supremacy Clause" and asserted its power to review state court decisions that allegedly conflicted with federal law.
Article VI also addresses the issue of religious tests for government positions. It forbids any religious test as a requirement for holding a governmental position, ensuring freedom of religion for public officials. This provision was highlighted in the case of Ex parte Garland (1866), where the Supreme Court invalidated a law requiring a specific oath that was deemed to violate the Constitution. Additionally, Article VI mandates that all federal and state officials take an oath of allegiance to support and uphold the Constitution.
Furthermore, Article VI provides guidelines for proposing amendments to the Constitution. It outlines that whenever two-thirds of both Houses of Congress deem it necessary, they may propose amendments, or upon the application of two-thirds of the state legislatures, a convention for proposing amendments shall be called. For an amendment to be valid, it must be ratified by three-fourths of the state legislatures or conventions. However, it is important to note that no amendment made before 1808 could affect the first and fourth clauses of the Ninth Section of the First Article.
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Frequently asked questions
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights.
The first three articles establish the three branches of the US government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system).
Articles 4 through 7 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 V explains the amendment process, which is different and more difficult than the process for making laws. It outlines the process for proposing and ratifying amendments to the Constitution.
Article VI states that Federal law is supreme to state and local laws. This means that in the case of a conflict between Federal and state laws, Federal law takes precedence.
