Eleanor Finch
The Constitution of the United States is the foundation of the Federal Government and is often referred to as the supreme law of the land. It is a living document that is composed of a preamble, seven articles, and 27 amendments. The preamble outlines the purpose of the Federal Government and emphasizes that the nation is to be ruled by the people. The seven articles describe the structure of the government and how it operates, including the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system). The amendments, the first ten of which are known as the Bill of Rights, outline the changes to the Constitution.
| Characteristics | Values |
|---|---|
| Number of parts | 3 |
| First part | Preamble |
| Second part | Seven Articles |
| Third part | Amendments |
| Number of amendments | 27 |
| First 10 amendments | Bill of Rights |
| First three articles | Establish the three branches of government and their powers: Legislative, Executive, and Judicial |
| System of checks and balances | Prevents any one of the separate powers from becoming dominant |
| Article IV | Outlines states' powers in relation to each other |
| Article V | Explains the amendment process |
| Article VI | Federal law is supreme over state and local laws |
| Article II, Section 1 | The president has the power to run the executive branch of the government |
| Purpose of the Federal Government | To "establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty" |
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What You'll Learn
The Preamble
The first three articles establish the powers and responsibilities of each branch of government. For example, Article I assigns the responsibility for making laws to the Legislative Branch, while Article II outlines the powers of the Executive Branch and the eligibility requirements for the President.
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The three branches of government
The Constitution of the United States establishes a federal democratic republic with three branches of government: the Legislative, Executive, and Judicial branches. Each branch has its own powers and responsibilities, and they work together to govern the nation.
The Legislative Branch, or Congress, is responsible for making laws. It consists of two parts: the House of Representatives and the Senate. The House of Representatives is based on population, with each state having a number of representatives proportional to its population. On the other hand, the Senate provides equal representation for each state, with two senators representing each state regardless of its population.
The Executive Branch is led by the President, who has the power to run this branch of government. The President's responsibilities include administering the various executive departments, executing the laws passed by Congress, and commanding the armed forces. The President also has the power to veto acts of Congress and to pardon convicted criminals.
The Judicial Branch, or the Federal Court System, is responsible for interpreting the laws and ensuring that the other two branches do not exceed their powers. It consists of the Supreme Court and lower federal courts. The Supreme Court has the final say on interpreting the Constitution and federal laws, and it can strike down laws that it finds unconstitutional.
This system of separation of powers ensures that no one branch becomes too powerful. Each branch acts as a check on the others, creating a balance of power. The courts are charged with ensuring that the three branches act independently and do not overreach their delegated powers. However, in some instances, the branches must work together. For example, the Senate must approve the President's appointments to the Supreme Court.
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States' powers
The Constitution of the United States is the supreme law of the country, delineating the framework of the federal government. It establishes the rights and responsibilities of state governments, their relationship with the federal government, and the powers delegated to each.
State Powers
The Constitution grants significant powers to the states, which are separate from and in addition to those of the federal government. These powers include:
- The power to appoint officers and train the militia, in accordance with the discipline prescribed by Congress.
- The authority to regulate and govern non-state territories of the United States, including the disposal of federal property.
- The power to establish a republican form of government within their respective states.
- The ability to protect their states from invasion and violence.
- The power to fill vacancies in their Representation through the issuance of writs of election.
- The authority to choose their own officers and a President pro tempore in the absence of the Vice President or when he assumes the office of President.
- The power to establish the qualifications for electors, who then choose members of the House of Representatives.
- The ability to levy taxes or duties on the importation of persons, not exceeding $10 per person, until the year 1808.
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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. Alternatively, two-thirds of state legislatures can submit an application to Congress, and Congress will then call a national convention at which states propose amendments. This second method has never been used to propose an amendment. Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication.
The proposed amendment is then sent to the states for ratification. Three-fourths of the state legislatures or state conventions must ratify an amendment for it to become part of the Constitution. States have the option to ratify through their legislatures or through a state convention. The amendment process does not involve the President, and ratification by the states does not require the approval of the federal government.
Once an amendment is ratified, the Director of the Federal Register drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
Since the Constitution was drafted in 1787, it has been amended 27 times. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. Notable amendments include those that gave women the right to vote, abolished poll taxes, and lowered the minimum voting age from 21 to 18.
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Federal law as supreme
The Constitution of the United States is often called the supreme law of the land, and no law may be passed that contradicts its principles. The Constitution is composed of a preamble, seven articles, and 27 amendments. The first three articles establish the three branches of government and their powers: the legislative (Congress), executive (the office of the President), and judicial (Federal court system).
Article VI of the Constitution explicitly states that Federal law is supreme, or higher than, state and local laws. This means that in the event of a conflict between Federal and state law, the Federal law prevails and must be followed. This principle ensures that the laws and powers established by the Constitution are consistently applied and upheld throughout the nation.
The Supremacy Clause, as it is often referred to, has important implications for the relationship between the Federal Government and the states. While states have the authority to create and enforce their own laws, they must not contradict or infringe upon the powers granted to the Federal Government by the Constitution. This includes areas such as regulating interstate commerce, declaring war, establishing uniform immigration policies, and coining money.
The Supremacy Clause also plays a crucial role in resolving legal conflicts between different states. For example, if there is a dispute between two states regarding a contract or a criminal matter, the Federal Government, through the Congress and the Federal court system, can intervene and make decisions that are binding on both states.
Furthermore, the Supremacy Clause reinforces the system of checks and balances inherent in the separation of powers. By ensuring that Federal law is supreme, the three branches of the Federal Government can effectively limit and balance each other's powers, preventing any one branch from becoming dominant and protecting the rights and liberties of the people.
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Frequently asked questions
The Constitution of the United States is the foundation of the Federal Government. It is the "supreme law of the land", and no law can be passed that contradicts its principles.
The Constitution is organised into three parts. The first part, the Preamble, describes the purpose of the document and the Federal Government. The second part, the seven Articles, establishes how the Government is structured and how the Constitution can be changed. The third part, the Amendments, lists changes to the Constitution; the first 10 are called the Bill of Rights.
The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system). 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 Preamble is the introduction to the Constitution. It begins with the words ""We the People", emphasising that the nation is to be ruled by the people. It outlines the general goals of the framers: to create a just government and to ensure peace, an adequate national defence and a healthy, free nation.
