Simone Lawson
The US Constitution is the country's supreme law, outlining the government's structure and function. It comprises a preamble and seven articles, establishing the three branches of government: legislative, executive, and judicial. The Constitution's influence has been waning since the 1980s, and it has faced criticisms for its lack of specificity on certain topics. Notably, the Constitution does not mention judicial review, executive orders, districts, or the Electoral College. It also avoided explicitly mentioning slavery until the 13th Amendment. This text will explore what the Constitution mentions more than anything else and the implications of these inclusions.
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What You'll Learn
The three branches of government
The US Constitution outlines a federal system of government with three branches: the executive, legislative, and judicial. Each of these branches has its own responsibilities and powers, and they work together to ensure a system of checks and balances.
The legislative branch consists of Congress, which is made up of the Senate and the House of Representatives. All legislative powers are vested in Congress, and it is responsible for creating and passing laws. The House of Representatives is composed of members chosen every second year by the people of the various states, with each congressional district electing one representative. The number of districts in each state is determined by the decennial census, as mandated by the Constitution.
The executive branch include the President, executive departments, independent agencies, and other boards, commissions, and committees. The President can veto legislation created by Congress and nominate heads of federal agencies and high court appointees, who must be confirmed by Congress. The Cabinet, which includes the Vice President, heads of executive departments, and other high-ranking officials, serves as advisors to the President.
The judicial branch, on the other hand, is responsible for interpreting the laws according to the Constitution. It consists of the US Supreme Court, which is the highest court in the country, and other federal courts. The Supreme Court has original jurisdiction in cases affecting ambassadors, other public ministers, and consuls, and those in which a state is a party. In all other cases mentioned, the Supreme Court has appellate jurisdiction. The federal judicial system also includes lower courts located in each state to hear cases involving federal issues.
The separation of powers between these three branches of government is written into the first three articles of the Constitution, providing a system of checks and balances to ensure that no one branch holds too much power.
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The legislative branch
The House of Representatives, or the House, is the lower chamber of the United States Congress. It is composed of representatives who are elected by the people of each state. The number of representatives from each state is proportional to the state's population, with each representative serving a two-year term. The House has several exclusive powers, including the power to initiate all revenue bills, impeach federal officers, and elect the President if no candidate receives a majority of electoral votes.
The Senate, on the other hand, is the upper chamber of the United States Congress. It is composed of two senators from each state, regardless of population. Senators serve six-year terms, with one-third of the Senate facing election every two years. The Senate has unique advice and consent powers, including confirming major presidential appointments, approving treaties, and consenting to certain presidential actions.
Both chambers of Congress have specific responsibilities and work together to create and pass legislation. They propose, amend, and vote on bills, which, if passed by both chambers, are sent to the President for approval or veto. To pass a bill, it must be approved by a simple majority in both the House and the Senate. However, in certain cases, such as overriding a presidential veto or approving a constitutional amendment, a two-thirds majority in both chambers is necessary.
Overall, the legislative branch plays a critical role in the US government, representing the people, creating laws, overseeing the executive branch, and shaping public policy. The system of checks and balances between the legislative, executive, and judicial branches ensures a separation of powers and prevents any single branch from holding excessive power.
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The executive branch
The Constitution establishes the powers and responsibilities of the executive branch, which include the president, vice president, and the federal agencies and departments that support them. The president's role as the head of the executive branch is to ensure that the laws are faithfully executed, and they have the power to appoint heads of federal agencies and departments to assist in this task.
One of the key functions of the executive branch is to conduct foreign relations. The president is the primary representative of the United States to the international community, and has the power to recognize foreign governments, receive foreign diplomats, and appoint ambassadors. The State Department, which is part of the executive branch, is responsible for carrying out the country's foreign policy and promoting its interests abroad.
Another critical role of the executive branch is to ensure the enforcement of the nation's laws. The president has the power to enforce laws through the Department of Justice, which includes the Federal Bureau of Investigation (FBI) and other law enforcement agencies. The president also has the power to grant pardons and reprieves for federal offences, except in cases of impeachment.
Additionally, the executive branch is responsible for ensuring the defence of the United States. As commander-in-chief, the president has the power to deploy troops, direct military strategy, and make decisions regarding the use of military force. The Department of Defense, which includes the military branches, is tasked with carrying out the president's defence policies and ensuring the nation's security.
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The judicial branch
The Constitution outlines the structure and role of the federal judiciary in Article III, which establishes a Supreme Court and allows for lower courts to be created by Congress. The Supreme Court is the only court that is actually created by the Constitution, with the power to decide cases "arising under this Constitution, the Laws of the United States, and Treaties made". The Court also has original jurisdiction over cases affecting ambassadors, ministers, and consuls, as well as those in which a state is a party.
The Constitution grants the Supreme Court the power of judicial review, allowing it to strike down laws that it deems unconstitutional. This power was established in the landmark case of *Marbury v. Madison* in 1803, where Chief Justice John Marshall asserted the Court's right to interpret the Constitution and strike down laws that conflict with it. This power has had a profound impact on shaping US law and policy, as the Court has used it to protect individual rights, uphold equal protection under the law, and strike down discriminatory legislation.
The Court's decisions have often been controversial and have shaped the political landscape. For example, the Court's ruling in *Bush v. Gore* in 2000 effectively decided the outcome of the presidential election, and the *Citizens United v. FEC* decision in 2010 had a major impact on campaign finance laws. While the Court's decisions are not always popular, its independence and commitment to interpreting the Constitution ensure that it remains a critical check on the power of the other branches of government.
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Amendments
The Constitution of the United States has been amended several times since it was enacted. Amendments are changes or additions to the Constitution that must be properly proposed and ratified before becoming operative. This process is detailed in Article Five of the Constitution, which outlines a two-step process for amending the nation's plan of government.
Since the Constitution was put into operation on March 4, 1789, there have been approximately 11,848 proposals to amend it. Out of these, 27 amendments have been successfully ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. These amendments are significant as they outline fundamental rights and freedoms that Americans hold dear.
The process of amending the Constitution is deliberately designed to be challenging to ensure thoughtful and considered changes. An amendment can be proposed by the US Congress with a two-thirds majority in both the Senate and the House of Representatives, or through a national convention called by Congress upon the request of two-thirds of state legislatures. However, this latter option has never been utilised. To become part of the Constitution, an amendment must be ratified by three-fourths of the states, typically through their legislatures or state ratifying conventions.
Some notable amendments include the 13th, 14th, and 15th Amendments, collectively known as the Reconstruction Amendments. The 21st Amendment, ratified in 1933, is unique as it repealed the 18th Amendment, thereby ending the prohibition of alcohol. The content of the Constitution has been shaped and refined over time through these amendments, reflecting the evolving needs and values of American society.
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Frequently asked questions
The US Constitution is a document that outlines the structure and operation of the government, including the three branches: Legislative, Executive, and Judicial. It establishes the rights and responsibilities of the federal government and the states, and outlines the process for amending and ratifying laws.
The three branches are the Legislative Branch (Congress), the Executive Branch (Office of the President), and the Judicial Branch (Federal Court System).
Article V of the Constitution outlines the amendment process, which requires a two-thirds majority vote in both the Senate and the House of Representatives. The amendment is then sent to the state legislatures for a vote, where three-fourths must approve for ratification.
Notably, the Constitution does not include the term judicial review, executive orders, or the phrase "Electoral College." The concept of separation of powers is implied but not explicitly stated, and the original document avoided explicit references to slavery, instead using phrases like "importation of Persons."
