Simone Lawson
The United States Constitution, signed on September 17, 1787, and ratified on June 21, 1788, is divided into a preamble and seven articles that outline the framework of the federal government and how it operates. The first three articles establish the three branches of government and their powers: the Legislative Branch (Congress), the Executive Branch (office of the President), and the Judicial Branch (Federal court system). The remaining articles describe the relationship between the states and the Federal Government, establish the Constitution as the supreme law of the land, and outline the amendment and ratification processes. Amendments to the Constitution occur when three-fourths of the states (currently 38 out of 50) ratify a proposed change, and the original text of the Constitution remains untouched even after amendments are made.
| Characteristics | Values |
|---|---|
| Number of amendments | 27 |
| First words | "We the People" |
| Number of articles | 7 |
| Amendment ratification threshold | 38 of 50 states |
| Supreme law | Federal law |
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What You'll Learn
The preamble
Another important aspect of the Preamble is its emphasis on the unity and sovereignty of the nation. By referring to the United States as a single entity, the Preamble underscores the importance of creating a strong federal government that supersedes the individual states in terms of certain powers and responsibilities.
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The seven articles
The Constitution of the United States contains a preamble and seven articles that outline the structure and operation of the government. The seven articles are as follows:
Article I
Article I establishes the Legislative Branch of the government, which is responsible for making laws. This branch is divided into two parts, or "Houses": the House of Representatives and the Senate. The bicameral Congress was a compromise between large and small states, balancing representation based on population with equal representation for each state.
Article II
This article establishes the Executive Branch of the government, which includes the Office of the President.
Article III
Article III establishes the Judicial Branch, which includes the Federal Court System. This branch is responsible for interpreting the law and ensuring that the other branches act within the boundaries set by the Constitution.
Article IV
Article IV through VII describe the relationship between the states and the Federal Government. Article IV likely covers the role of the states in the federal system and their relationship with each other.
Article V
Article V outlines the process for amending the Constitution. It explains that an amendment requires a two-thirds majority vote in both the Senate and the House of Representatives, followed by a vote in the state legislatures. Alternatively, two-thirds of the state legislatures can submit an application to Congress, leading to a national convention where states propose amendments. For ratification, three-fourths of the state legislatures or state conventions must approve.
Article VI
Article VI establishes the supremacy of Federal law over state and local laws. It asserts that the Constitution is the supreme law of the land. This article also likely covers how the Constitution interacts with prior laws and debts, and the requirement for oaths of office.
Article VII
Article VII outlines the process for ratifying the Constitution. It called for special state ratifying conventions, requiring nine states to enact the Constitution.
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The three branches of government
The Constitution of the United States establishes the structure and operations of the government. It comprises a preamble and seven articles. Notably, the first three articles define the three branches of government and their powers: the legislative, executive, and judicial branches.
The Legislative Branch, or Congress, is responsible for making laws. It consists of two chambers: the House of Representatives and the Senate. This bicameral system was a compromise between large and small states, balancing representation based on population and equal state representation.
The Executive Branch is led by the President and includes the Vice President, executive departments, independent agencies, and other boards and commissions. The President nominates heads of federal agencies and high court appointees, who must be confirmed by Congress. The executive branch can veto legislation from Congress, and Congress can remove the President in exceptional circumstances, showcasing the system of checks and balances between the branches.
The Judicial Branch, or Federal Court System, includes the Supreme Court and other federal courts. The Supreme Court, with nine Justices, is the highest court in the country. These Justices interpret laws according to the Constitution and hear cases involving federal issues. The Judicial Branch regulates the government, ensuring that its actions are permissible under the Constitution, the supreme law of the land.
Each branch of the US government has a system of checks and balances, ensuring that no single branch dominates. This system allows each branch to respond to the actions of the others, fostering a dynamic and balanced governance structure.
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The amendment process
An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. A proposed amendment takes the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. The Archivist delegates many of the duties associated with this function to the Director of the Federal Register, who examines ratification documents for facial legal sufficiency and an authenticating signature.
For an amendment to be ratified, it must be approved by three-fourths of the state legislatures or state conventions, as specified by Congress. Once the required number of authenticated ratification documents is received by the Office of the Federal Register, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete.
The Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments adopted as the Bill of Rights. Notable amendments include those that gave women the right to vote, abolished poll taxes, and lowered the minimum voting age.
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Federal law and state law
The United States Constitution outlines the basic framework of the federal government and its structure, with the first three of its seven articles establishing the three branches of government and their powers: the Legislative (Congress), Executive (Office of the President), and Judicial (Federal Court System). The remaining four articles describe the relationship between the states and the federal government, establishing the Constitution as the supreme law of the land, and defining the amendment and ratification processes.
Federal laws apply to everyone in the United States, across all 50 states, the District of Columbia, and all US territories. They are rules that apply throughout the country and are created and passed by Congress, then signed into law by the President. The powers of the federal government are listed in the US Constitution at Article I, Section 8, and include immigration, bankruptcy, the postal service, intellectual property, and the military.
State laws, on the other hand, are only in effect within a particular state, commonwealth, or territory. Each state has its own system of laws and courts, and its own constitution that supersedes all other state laws. State laws can vary significantly, and residents of one state may have more or fewer rights or responsibilities than residents of another state. For example, state laws govern family law, including divorce, child custody, and guardianships.
In some cases, federal and state laws may conflict. When this happens, the Supremacy Clause of the US Constitution (Article VI) states that federal laws take precedence and are the "supreme law of the land." However, when a state law affords a person more rights than federal law, the state law prevails within that state. This is because state law can never reduce or restrict the rights of a US citizen, but it can afford state residents more rights.
The federal court system plays a crucial role in interpreting and upholding the Constitution. The Supreme Court, as the highest legal authority at the federal level, has the power to declare acts of Congress or federal laws unconstitutional. Federal courts also hear cases related to the interpretation of the Constitution and the Bill of Rights, ensuring that the actions of the government and its officers conform to the Constitution.
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Frequently asked questions
The US Constitution contains a preamble and seven articles that describe the way the government is structured and how it operates. The first three articles establish the three branches of government and their powers: the Legislative Branch (Congress), the Executive Branch (office of the President), and the Judicial Branch (Federal court system).
The first three articles establish the three branches of government and their powers. 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.
The US Constitution is amended through a process outlined in Article V. When two-thirds of the Senate and two-thirds of the House of Representatives vote to change the Constitution, an amendment goes to the state legislatures for a vote. An amendment is ratified and becomes operative once three-fourths of the states (38 out of 50) approve it.
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