Malcolm Rivera
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 seven articles are further divided into sections and clauses. This text provides an overview of the basic framework of the federal government and how it operates.
| Characteristics | Values |
|---|---|
| First Part | Preamble |
| Second Part | Seven Articles |
| Third Part | Amendments |
| Article I | Legislative Branch of Government |
| Article II | 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 |
| Article V | Describes the procedure for amending the Constitution |
| Article VI | Declares the Constitution as "the supreme Law of the Land" |
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What You'll Learn
Preamble
The Preamble to the US Constitution is an introductory statement that sets out the purpose and guiding principles of the document. It is not a law itself, but it communicates the intentions of the framers and establishes the foundation for the Federal Government. Beginning with the words "We the People," the Preamble outlines the desire to form "a more perfect Union," establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty for the citizens and their posterity. This Preamble acts as a unifying force, bringing together a group of states with diverse interests, laws, and cultures under one constitution.
The Preamble to the US Constitution reflects the Founding Fathers' vision for the nation and sets the tone for the rights and liberties that the document will go on to outline. It establishes the importance of a democratic republic, where the power of the union is vested in the people. This introduction to the supreme law of the land highlights the key objectives that the constitution aims to achieve.
The phrase "We the People" in the Preamble is significant as it emphasizes the sovereignty of the people and their role in establishing the government. It signifies that the government derives its power from the consent of the governed, a fundamental principle in a democratic society. By stating "We the People," the Preamble makes it clear that the constitution is created for and by the citizens of the United States, solidifying the idea of popular sovereignty.
The Preamble's reference to "a more perfect Union" indicates the intention to create a stronger and more unified nation. After the American Revolutionary War, the states were functioning under the Articles of Confederation, which provided limited guidance. The Preamble's language reflects a desire to form a more cohesive and effective union, uniting the states under a single constitution. This union is intended to be more "perfect" in the sense that it aims to resolve the differences between the states and create a stronger, more integrated nation.
The remaining portions of the Preamble, which include establishing justice, ensuring domestic tranquility, providing for the common defence, promoting general welfare, and securing the blessings of liberty, outline the key objectives of the constitution. These objectives guide the creation of laws and policies, ensuring that the government works towards achieving these goals. By stating these intentions, the Preamble provides a framework for interpreting and understanding the subsequent articles and amendments of the constitution.
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Seven Articles
The United States Constitution is composed of a preamble, seven articles, and 27 amendments. The seven articles define the basic framework of the federal government and describe how the government is structured and how it operates.
Article I deals with the legislative branch of government, assigning the responsibility for making laws to the Legislative Branch (Congress). Congress is divided into two parts, or “Houses,” the House of Representatives and the Senate. Article II concerns the executive branch of government, or the office of the President. Article III establishes the Judicial Branch, with the Supreme Court as the highest judicial power in the United States.
Articles IV through VI outline the relationship between the states and the federal government. Article IV outlines states’ powers in relation to each other and their authority to create and enforce their own laws. It also establishes extradition between the states and freedom of movement and travel among them. Article V explains the process for amending the Constitution, which is different and more difficult than the process for making laws. Article VI declares the Constitution as "the supreme Law of the Land," stating that federal law is supreme to state and local laws.
The seven articles of the Constitution, along with the rest of the document, are subject to amendments. The first 10 amendments are known as the Bill of Rights, guaranteeing fundamental rights of individuals, including freedom of religion, speech, press, assembly, and speedy jury trial in criminal cases. Amendments 11 through 27 address issues relating to lawsuits against states, the electoral vote, prohibition of slavery, equal protection, voting rights, and the creation of the federal income tax.
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Amendments
The US Constitution is often referred to as a "living" document because it can be amended. Since 1789, there have been 27 amendments to the Constitution, with 33 amendments proposed by the United States Congress. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791.
The process of amending the Constitution is detailed in Article Five, which outlines a two-step process for making changes to the nation's plan of government. Amendments must be properly proposed and ratified before becoming operative. An amendment can be proposed and sent to the states for ratification by the US Congress, with a two-thirds majority in both the Senate and the House of Representatives. Alternatively, a national convention can be called by Congress for this purpose, upon application by two-thirds of the state legislatures. However, this option has never been used.
To become part of the Constitution, an amendment must be ratified by three-quarters of the states. This can be done through the legislatures of three-quarters of the states or state ratifying conventions in three-quarters of the states. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through the latter method. It is also the only amendment that explicitly repeals an earlier one, the Eighteenth Amendment, which established the prohibition of alcohol.
Some notable amendments include the Eleventh Amendment, which modified Article III, Section 2 of the Constitution, stating that the judicial power of the United States does not extend to suits against one of the United States by citizens of another state or foreign citizens. The Twelfth Amendment superseded a portion of Article II, Section 1 of the Constitution. The Thirteenth Amendment superseded a portion of Article IV, Section 2, abolishing slavery and involuntary servitude within the United States. The Fourteenth Amendment modified Article I, Section 2, defining citizenship and guaranteeing privileges and immunities to citizens.
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Article I
Section 1 establishes the legislative branch, stating that "All legislative Powers herein granted shall be vested in a Congress of the United States." It also sets out the requirements for serving in Congress, the process for electing members, and the structure of Congress, which consists of the House of Representatives and the Senate.
Section 2 outlines the powers of the House of Representatives, including the power to initiate revenue bills, impeach federal officers, and elect the President in the absence of a majority vote in the Electoral College. It also addresses the three-fifths compromise, which counted three-fifths of the slave population for representation in the House and taxation purposes.
Section 3 details the powers and responsibilities of the Senate, including the power to try impeachments, ratify treaties, and approve presidential appointments. It also specifies that the Vice President shall be the President of the Senate.
Section 4 outlines the process for electing members of Congress, including eligibility requirements and the frequency of elections. It also mandates that Congress assemble at least once a year and establishes rules for quorums and legislative procedures.
Section 5 grants Congress the authority to regulate its internal procedures, including the ability to punish its members for disorderly behaviour and expel them with a two-thirds majority vote. It also outlines the requirements for each house to keep a record of its proceedings and establishes the rules for adjournment.
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Article II
Section 1 of Article II establishes the positions of the President and the Vice President, setting their term of office at four years. The Vesting Clause in Section 1 declares that the executive power of the federal government is vested in the President, and this clause, along with the Vesting Clauses of Articles I and III, establishes the separation of powers among the three branches of government. Section 1 also establishes the Electoral College, which is responsible for electing the President and Vice President. Each state appoints electors, who then vote for the President and Vice President. The President is the person with the highest number of votes, and the Vice President is the runner-up.
Section 1 also includes the Faithful Execution Clause, which imposes on the President the duty to ensure the execution of federal law. The President has the power to make treaties, but only with the approval of two-thirds of the Senate. While the Constitution does not explicitly address the termination of treaties, it has been historically accepted that the President can terminate treaties with the consent of the Senate.
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