Eleanor Finch
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 It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789, and establishes the framework for the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The legislative branch consists of the bicameral Congress (Article I), the executive branch consists of the President and subordinate officers (Article II), and the judicial branch consists of the Supreme Court and other federal courts (Article III). The Constitution also establishes extradition between the states, freedom of movement, and trade between states.
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What You'll Learn
The legislative branch
Article I of the US Constitution establishes the Legislative Branch of the federal government. The Legislative Vesting Clause, or Section 1, states that all federal legislative powers are vested in the Congress.
The Senate, on the other hand, is composed of 100 Senators, two for each state. Since the ratification of the 17th Amendment in 1913, Senators have been elected to six-year terms by popular vote. Senator terms are staggered so that about one-third of the Senate is up for reelection every two years. Senators must be at least 30 years old, have been US citizens for at least nine years, and be residents of the state they represent. The Vice President of the United States serves as President of the Senate and can cast a tie-breaking vote.
Congress has the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers. It is the only part of the government that can make new laws or change existing ones. Congress can also override a Presidential veto with a two-thirds vote in both the Senate and the House of Representatives. Sections 7 and 8 of Article I outline the exercise of Congress's enumerated powers, including the power to tax and spend, to borrow money, to regulate interstate commerce, to establish uniform rules on naturalization and bankruptcy, to coin money, to punish counterfeiters, to establish post offices, to regulate intellectual property, to establish courts, to punish maritime crimes, and to raise and support armies.
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The executive branch
The President is elected by the Electoral College, which is a body of electors that cast votes based on the popular vote in each state. Each state is allocated a number of electors equal to the combined total of its Congressional representation, which includes its two Senators and however many representatives it has in the House. The District of Columbia is also granted electors, equal to the "least populous State."
The President must meet certain requirements, including being a natural-born citizen of the United States, at least thirty-five years old, and a resident of the United States for at least fourteen years. The President's term lasts four years, and while there is no explicit limit in the Constitution on the number of terms one can serve, the Twenty-Second Amendment, ratified in 1951, limits the President to two elected terms, resulting in a total of eight years in office.
The President's role includes significant powers and responsibilities. They can sign bills into law or veto them, appoint federal judges (including Supreme Court justices), and appoint and remove executive branch officials. The President also has the power to grant pardons and reprieves and to enter into treaties with foreign governments, although treaties require a two-thirds majority vote in the Senate to take effect.
Additionally, the Constitution outlines the creation of executive departments to assist in governing. These departments are headed by appointees chosen by the President. Over time, the number and nature of these departments has evolved, and today they encompass well-known agencies such as the Department of State, the Department of Defense, and the Department of Justice.
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The judicial branch
The Constitution outlines the role and responsibilities of the federal judiciary, including the power of judicial review, which gives the Supreme Court the authority to declare laws or actions of the executive branch unconstitutional. This system of checks and balances ensures that the judicial branch serves as an important counterweight to the legislative and executive branches, protecting the rights and liberties guaranteed by the Constitution.
The Constitution establishes the Supreme Court as the highest court in the land, with original jurisdiction over certain cases and appellate jurisdiction over all other cases. The Court's power of judicial review, while not explicitly stated in the Constitution, has been established through landmark cases, playing a pivotal role in shaping the country's legal landscape and defining the boundaries of federal authority.
Additionally, the Constitution outlines the process for appointing federal judges, with the President nominating individuals and the Senate providing advice and consent through a confirmation vote. This meticulous process ensures the utmost political independence for judges, who serve for life, maintaining impartiality and integrity in the dispensation of justice.
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State governments
The US Constitution outlines the relationship between the federal government and the state governments. The Tenth Amendment recognises the powers of state governments, including "police powers" in health, education, and welfare. States have all powers not granted to the federal government by the Constitution, and they must take responsibility for areas such as roads, which are classified as primary, secondary, or local.
The Framers intended to establish a unified national government with limited powers while maintaining a distinct sphere of autonomy for state governments to exercise their powers. The Constitution also guarantees each state in the Union a Republican form of government, and protection against invasion and domestic violence.
The federal government has broad-ranging powers, including the power to regulate commerce and the power to regulate controlled substances, such as marijuana, which supersedes state law. The federal judiciary has the power to decide constitutional questions respecting the ultimate power of the national government vis-à-vis the states.
The specific responsibilities and powers of state governments can vary from state to state, as each state has its own constitution. For example, Oklahoma's constitution contains provisions that describe the correct temperature to test kerosene and oil, while California's constitution includes sections that outline tax exemptions for specific organisations and fruit and nut trees under four years of age.
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Amending the Constitution
Article V of the U.S. Constitution outlines the process for amending the Constitution. The Constitution is the supreme law of the United States of America, superseding the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution delineates the framework of the federal government, which is divided 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).
The process of amending the Constitution has been used numerous times throughout history. The first ten amendments, known as the Bill of Rights, were ratified simultaneously in 1791. The most recent amendment, the Twenty-Seventh Amendment, was proposed in 1789 but not ratified until 1992.
In addition to establishing the process for amending the Constitution, Article V also includes a clause prohibiting any amendment that would deprive a state of its equal suffrage in the Senate without its consent. This clause is known as the Shield Clause and has been interpreted to provide permanent protection to the principle of equal representation in the Senate.
The power to amend the Constitution is an important feature of the U.S. political system, allowing for changes and updates to reflect the evolving needs and values of the nation. It is a rigorous process that requires broad consensus and support, ensuring that any changes made are carefully considered and widely accepted.
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Frequently asked questions
Article I of the US Constitution establishes the legislative branch of the federal government, which consists of a bicameral Congress.
Article II establishes the executive branch of the federal government, which consists of the President and subordinate officers.
Article III establishes the judicial branch of the federal government, which consists of the Supreme Court and other federal courts.
Article IV establishes concepts of federalism, outlining the rights and responsibilities of state governments and their relationship to the federal government.
Article V outlines the process for amending the Constitution.
