Eleanor Finch
The US Constitution, which came into effect in 1789, is a document that outlines the basic framework of the federal government. It begins with the words We the People and consists of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights, which protect individual liberty and justice and restrict government powers. The Constitution has been amended several times since its adoption, with the majority of later amendments expanding civil rights protections. It superseded the Articles of Confederation, the nation's first constitution, and acts as a merger, uniting states with different interests, laws, and cultures under one government. The original document, handwritten by Jacob Shallus, is on display at the National Archives Museum.
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What You'll Learn
The Preamble and the seven articles
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The Preamble sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. It is not a law, but an introduction to the highest law of the land. The Preamble outlines five objectives: establishing justice, insuring domestic tranquility, providing for the common defence, promoting general welfare, and securing the blessings of liberty to the citizens of the United States.
The seven articles make up the structural constitution, signed on September 17, 1787, and ratified on June 21, 1788. They are as follows:
Article I: The Legislative Branch
This article establishes the legislative branch of the US government, outlining the powers and responsibilities of the Congress, including the House of Representatives and the Senate.
Article II: The Executive Branch
This article establishes the executive branch, outlining the powers and responsibilities of the President of the United States.
Article III: The Judicial Branch
This article establishes the judicial branch, outlining the powers and responsibilities of the Supreme Court and inferior courts.
Article IV: Relationships Between the States
This article addresses the relationships between the states, including the duties and responsibilities of each state and the rights of the citizens within those states.
Article V: Amending the Constitution
This article outlines the process for amending the Constitution, including the roles of Congress and the states in proposing and ratifying amendments.
Article VI: Prior Debts, National Supremacy Clause, and Oaths of Office
This article addresses issues related to the supremacy of the federal government, the validity of federal laws, and the oaths of office for government officials.
Article VII: Ratification
This article outlines the process for ratifying the Constitution, including the number of states required for ratification and the establishment of the document as the law of the land.
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The legislative branch
Article I of the US Constitution outlines the design of the legislative branch of the US government, which is the United States Congress. This article describes the separation of powers between the branches of government, the election of Senators and Representatives, the lawmaking process, and the powers that Congress has.
Section 1, the Legislative Vesting Clause, states that all federal legislative powers are vested in Congress. However, the Founders limited Congress's power by only granting them certain enumerated powers, creating a bicameral legislature, and implementing checks and balances with the other branches. Sections 7 and 8 outline these enumerated powers, which include the power to tax and spend, borrow money, regulate interstate commerce, establish courts, declare war, and raise and support armies.
The Senate, on the other hand, has a different structure. Senators are divided into three classes, with staggered terms of two, four, and six years, so that one-third of the Senate is elected every two years. Senators must be at least 30 years old, US citizens for at least nine years, and inhabitants of the state they represent. The Vice President of the United States serves as the President of the Senate but does not have a vote unless there is a tie.
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The executive branch
Article II of the U.S. Constitution establishes the Executive Branch of the federal government. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President.
The President is the head of state, the leader of the federal government, and the Commander-in-Chief of the Army, Navy, and Militia of the United States. As Commander-in-Chief, the President has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. The President also has the authority to enforce laws and appoint agents charged with enforcing them. This includes the power to nominate and appoint ambassadors, public ministers, consuls, Supreme Court judges, and other officers of the United States, with the advice and consent of the Senate.
Section 3 of Article II contains the Take Care Clause, which requires the President to ensure that the laws are faithfully executed. The President is also responsible for providing Congress with information on the State of the Union and recommending measures for their consideration. Additionally, the President may convene both Houses of Congress on extraordinary occasions and has the power to veto legislation created by Congress.
In terms of qualifications, the President must be a natural-born citizen of the United States and at least thirty-five years old, having resided in the country for fourteen years. Before assuming office, the President must take an oath or affirmation to faithfully execute the duties of the office and preserve, protect, and defend the Constitution.
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The judicial branch
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 Judicial Branch is established by Article III of the US Constitution as one of the three distinct branches of the federal government, the other two being the legislative and executive branches.
Article III establishes the right of every person accused of wrongdoing to a fair trial before a competent judge and a jury of one's peers. The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. However, judges depend on the executive branch to enforce court decisions.
While the executive and legislative branches are elected by the people, members of the judicial branch are appointed by the President and confirmed by the Senate. Congress has the power to determine the shape and structure of the federal judiciary, including the number of Supreme Court Justices. At times, there have been as few as six Supreme Court Justices, while the current number of nine has been in place since 1869.
The federal courts, including the United States district courts and 13 courts of appeals, are responsible for trying cases and interpreting and applying the law. Cases typically proceed from district court to appellate court and may even reach the Supreme Court, although the Supreme Court hears relatively few cases each year. The inferior courts are bound by the decisions of the Supreme Court and must apply its interpretations of the law to individual cases.
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Amendments and the Bill of Rights
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, beginning with the Bill of Rights, were ratified on December 15, 1791.
The Bill of Rights was proposed by James Madison, who had initially opposed its inclusion in the Constitution. However, he gradually came to understand its importance during the often contentious ratification debates. On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these were ratified by three-fourths of the state legislatures on December 15, 1791, and became the first 10 amendments of the Constitution, or the US Bill of Rights.
The Bill of Rights includes the following:
- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
- Congress shall make no law abridging the freedom of speech or of the press.
- The right of the people peaceably to assemble and to petition the Government for a redress of grievances.
- The right of the people to keep and bear arms shall not be infringed.
- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.
In addition to the Bill of Rights, there have been 17 other amendments to the Constitution, addressing various issues such as voting rights, the election of the President and Vice President, and the repeal of the 18th Amendment.
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