Jonah Patel
The Constitution of the United States is composed of an introductory paragraph, seven articles, and 27 amendments. The introductory paragraph, titled the Preamble, explains the purpose of the Constitution and the power of the government as originating from the people of the United States. The seven articles are divided into sections and cover different topics, including the legislative, executive, and judicial branches of government, the relationship between the states, the procedure for amending the Constitution, and its status as the supreme law of the land. The 27 amendments, the first ten of which are known as the Bill of Rights, outline the fundamental rights of individuals.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| First three Articles | Establish the three branches of government and their powers: Legislative, Executive, and Judicial |
| Legislative Branch | Bicameral Congress, comprising the House of Representatives and the Senate |
| Executive Branch | Office of the President |
| Judicial Branch | Federal Court System, with the Supreme Court as the highest judicial power |
| Articles IV-VI | Describe the relationship of the states to the Federal Government, and define the amendment and ratification processes |
| Article VII | Describes the ratification process for the Constitution |
| Amendment Process | Requires a two-thirds vote in the Senate and House of Representatives, or two-thirds of state legislatures applying to Congress, followed by a national convention |
| Ratification | Requires three-fourths of state legislatures or state conventions to vote in favor |
| Supremacy | Federal law is supreme over state and local laws |
| Necessary and Proper Clause | Confers incidental powers upon Congress without explicit enumeration |
| Limits on Congressional Power | Enumerated in Article I, Section 9 |
| Judicial Powers | Include criminal and civil contempt powers, injunctive relief, habeas corpus remedy, and the power to imprison for contumacy, bad-faith litigation, and failure to obey a writ |
| Jurisdiction | Limited to actual cases and controversies, excluding hypothetical cases or those with standing, mootness, or ripeness issues |
| Influences | European Enlightenment thinkers like Montesquieu, John Locke, Benjamin Franklin, and Thomas Jefferson |
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What You'll Learn
The US Constitution: a framework for government
The US Constitution 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 was signed on September 17, 1787, and ratified on June 21, 1788. The Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights, guaranteeing fundamental rights to individuals, including freedom of religion, speech, press, assembly, speedy jury trial in criminal cases, the right to bear arms, protection against excessive bail, and cruel and unusual punishment.
The first three articles of the Constitution establish the three branches of government and their powers: the legislative (Congress), executive (the office of the President), and judicial (Federal court system). A system of checks and balances prevents any one of these separate powers from becoming dominant. The legislative branch is further divided into two parts, or "houses": the House of Representatives and the Senate.
Articles four through seven 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 IV, Article V, and Article VI embody concepts of federalism, outlining the rights and responsibilities of state governments, their relationship with the federal government, and the shared process. Article V explains the amendment process, which is more difficult than the process for making laws. Article VI states that Federal law is supreme to state and local laws, and Article VII describes the ratification process for the Constitution.
The US Constitution also includes implied powers, such as granting federal courts criminal contempt and civil contempt powers, injunctive relief, and the habeas corpus remedy. The Constitution also outlines the responsibilities of the legislative branch, including declaring war, raising and supporting armies, and promoting the progress of science and the arts by securing exclusive rights to authors and inventors for their work for a limited time.
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Seven articles, three branches
The United States Constitution, signed on September 17, 1787, and ratified on June 21, 1788, is divided into seven articles, which outline the structure and operations of the government. The first three articles establish the three branches of government: the legislative, executive, and judicial branches.
Article I establishes the legislative branch, which consists of the bicameral Congress, including the House of Representatives and the Senate. This branch is responsible for making laws. Article I, Section 9, for example, lists specific limits on congressional power.
Article II establishes the executive branch, which consists of the President and subordinate officers.
Article III establishes the judicial branch, which consists of the Supreme Court and other federal courts. This branch interprets the laws, ensures justice, and resolves disputes. Federal courts are granted powers of criminal and civil contempt to enforce their decisions.
Articles IV through VI describe the relationship between the states and the federal government, with Article IV defining this relationship, Article V outlining the process to amend the Constitution, and Article VI declaring the Constitution as the supreme law of the land, above state and local laws.
Article VII describes the process of ratification for the Constitution, requiring special state ratifying conventions, with nine states needed to enact it.
The Constitution also includes a preamble and a system of checks and balances to prevent any one branch from becoming dominant. The structure of the Constitution, with its separation of powers, was influenced by European Enlightenment thinkers such as Montesquieu and John Locke.
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Legislative branch: Congress
The United States Constitution is composed of a preamble, seven articles, and 27 amendments. The Legislative Branch, established by Article I of the Constitution, consists of the House of Representatives and the Senate, which together form the United States Congress.
Congress is one of the three coequal branches of government, and the Constitution grants it significant powers. These include the sole authority to enact legislation and declare war, the right to confirm or reject many presidential appointments, and substantial investigative powers. All legislative power in the government is vested in Congress, meaning that only Congress can make new laws or change existing ones. Executive Branch agencies can only issue regulations under the authority of laws enacted by Congress.
The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. Additionally, there are six non-voting members representing the District of Columbia, the Commonwealth of Puerto Rico, and four other US territories. The presiding officer of the House is the Speaker of the House, who is elected by the Representatives. Members of the House serve two-year terms, and only the House can originate revenue legislation.
The Senate, on the other hand, consists of two Senators from each state, serving six-year terms that overlap so that only one-third of the chamber is up for election at a time. The Senate has the sole power to confirm presidential nominations and approve treaties. While the House rules favour quick processing of legislation, Senate rules and procedures favour deliberation, providing individual Senators with significant procedural leverage.
The first step in the legislative process is the introduction of a bill to Congress. Anyone can write a bill, but only members of Congress can introduce legislation. Bills are then referred to the appropriate committees for review. There are 17 Senate committees with 70 subcommittees and 23 House committees with 104 subcommittees. The committees are not static and may change with each new Congress. They are chaired by members of the majority party and focus on developing and assessing legislation within specific policy areas. Once a law is enacted, Congress is responsible for overseeing its implementation.
While Congress drives legislative ideas and action, the President also has influence in the legislative process. The President recommends the annual federal budget and often suggests legislation. The President's power to veto legislation can significantly impact the content of bills passed by Congress, as it is unusual for laws to be enacted over a presidential veto.
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Executive branch: the President
The Constitution of the United States establishes the structure of the federal government, which is divided into three branches: the legislative, executive, and judicial. The executive branch is headed by the President, who is the Commander-in-Chief of the Army, Navy, and Militia of the United States. The President is responsible for enforcing federal laws and 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 make treaties, appoint ambassadors, ministers, judges, and other officers with the advice and consent of the Senate.
Article II, Section 1 of the Constitution outlines the election of the President, including the establishment of the Electoral College, and sets the term of office at four years. It also establishes the positions of the President and Vice President, who are elected at the same time, by the same constituency. The President must be a natural-born citizen of the United States and at least 35 years old.
Section 2 of Article II outlines the specific powers and duties of the President. This includes the Commander-in-Chief authority, the power to require written opinions from the heads of executive departments, and the pardon power. The President also has the power to make treaties and appoint ambassadors, with the consent of the Senate. Section 3 of Article II requires the President to take care that the laws be faithfully executed and grants the President the authority to enforce laws and appoint agents to carry out this duty.
The President is also responsible for providing information to Congress on the state of the Union and recommending legislative measures. The President has the power to convene or adjourn Congress in extraordinary circumstances. Additionally, the President has distinct authority over foreign affairs and is the sole representative of the nation in foreign relations. The President's powers are balanced by a system of checks and balances to prevent the executive branch from becoming dominant.
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Judicial branch: Federal courts
The Constitution of the United States establishes a federal court system that administers justice fairly and impartially within the jurisdiction established by the Constitution and Congress. The Judicial Branch, established by Article III of the Constitution, leaves Congress with significant discretion to determine the shape and structure of the Federal judiciary. Congress determines the jurisdiction of the Federal courts, though in some cases, the Constitution grants the Supreme Court original jurisdiction, an authority that cannot be stripped by Congress.
The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. The number of Supreme Court Justices is set by Congress, and there have been as few as six Justices, while the current number of nine, with one Chief Justice and eight Associate Justices, has been in place since 1869. All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. They may remain in office until they resign, pass away, or are impeached and convicted by Congress.
The Supreme Court's caseload is almost entirely appellate in nature, and its decisions cannot be appealed to any authority, as it is the final judicial arbiter in the United States on matters of federal law. The nation's 94 district or trial courts are called U.S. district courts, which try most Federal cases. There are also 13 United States courts of appeals, which review appealed district court cases. These appellate courts determine whether the law was applied correctly in the trial court or federal administrative agency.
Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and justices serve no fixed term—they serve until their death, retirement, or conviction by the Senate. Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. To enforce judicial decisions, the Constitution grants federal courts both criminal contempt and civil contempt powers.
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