Malcolm Rivera
The Constitution of the United States is composed of an introductory paragraph, or preamble, seven articles that describe the structure and operation of the three branches of the government, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The first three articles establish the three branches of government: the legislative, executive, and judicial. 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.
| Characteristics | Values |
|---|---|
| Number of sections | 4 |
| First section | An introductory paragraph titled Preamble |
| Second section | A list of seven articles that define the government's framework |
| Third section | An untitled closing endorsement with the signatures of 39 framers |
| Fourth section | 27 amendments that have been adopted under Article V |
| First 3 articles | Establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system) |
| Articles 4-7 | 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 I | Assigns the responsibility for making laws to the Legislative Branch (Congress) |
| Article II | Details the Executive Branch and the offices of the President and Vice President |
| Article III | Establishes the Judicial Branch with the U.S. Supreme Court as the federal court system’s highest court |
| Article IV | Outlines states’ powers in relationship to each other |
| Article V | Explains the amendment process |
| Article VI | States that Federal law is supreme over state and local laws |
| Article VII | Describes the ratification process for the Constitution |
| First 10 amendments | Known as the Bill of Rights |
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What You'll Learn
The Preamble
The text outlines the desire to create a unified government, or Union, for the people of the United States. It also highlights the need for a system of justice, peace and security within the nation's borders. The Preamble also expresses the need for a collective defence system and a commitment to promoting the general welfare of the population. Finally, it emphasises the importance of protecting the liberties of the people, both in the present and for future generations.
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The seven articles
Article I establishes the Legislative Branch (Congress) and assigns it the responsibility for making laws. Congress is divided into two parts, or "Houses": the House of Representatives and the Senate.
Article II details the Executive Branch, including the offices of the President and Vice President. It lays down rules for electing the President (through the Electoral College), eligibility (a natural-born citizen at least 35 years old), and term length.
Article III establishes the Judicial Branch, with the US Supreme Court as the highest court in the federal court system. It specifies that federal judges are appointed for life and outlines the powers of the federal courts, including criminal contempt, civil contempt, injunctive relief, and the habeas corpus remedy.
Article IV outlines the powers of the states in relation to each other. While states have the authority to create and enforce their own laws, they must also respect and help enforce the laws of other states.
Article V explains the process for amending the Constitution, which is more difficult than the process for making laws. An amendment must be approved by two-thirds of the Senate and two-thirds of the House of Representatives, or by a national convention called by Congress in response to applications from two-thirds of state legislatures. Three-fourths of the state legislatures or state conventions must then ratify the amendment.
Article VI establishes the supremacy of Federal law over state and local laws.
Article VII describes the ratification process for the Constitution, which required nine states to enact it.
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The amendment process
There are two steps in the amendment process. First, there are two procedures for adopting the language of a proposed amendment: either 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. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The President does not have a constitutional role in the amendment process.
Second, there are two procedures for ratifying the proposed amendment, which requires the approval of three-fourths of the states (38 of 50): either through the consent of state legislatures or consent of state ratifying conventions. The ratification method is chosen by Congress for each amendment.
When the OFR verifies that it has received the required number of authenticated ratification documents, 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 U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed.
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Federal law and state law
The United States Constitution establishes a federal system of government, with powers shared between the federal government and the state governments. The Constitution outlines the framework for this system, 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).
Federal laws are rules that apply throughout the United States. They encompass a wide range of topics, including civil rights, anti-discrimination, immigration, bankruptcy, intellectual property, and the military. These laws are created by Congress, which is divided into two parts: the House of Representatives and the Senate. Federal laws take precedence over state laws, as established by the Supremacy Clause (Article VI) of the Constitution, which declares them the "supreme law of the land." This means that in any conflict between federal and state law, federal law prevails.
State laws, on the other hand, apply within specific states, commonwealths, territories, counties, cities, and other local jurisdictions. Each state has its own system of laws and courts, with the authority to create and enforce these laws within their jurisdiction. While states must respect and help enforce the laws of other states, they have considerable autonomy in matters that are generally not governed by federal law, such as family law, divorce, child custody, and guardianships.
The interplay between federal and state laws can be complex, and sometimes both levels of law apply to a particular situation. This often occurs when Congress creates programs for the general welfare and provides federal funding to states, resulting in elements of federal law being involved in state affairs. Additionally, the amendment process for the Constitution involves both federal and state-level approval, with proposals requiring a two-thirds majority in Congress or a national convention called by two-thirds of state legislatures, and ratification requiring the approval of three-fourths of state legislatures or conventions.
The federal and state court systems also interact in interesting ways. While federal courts generally hear cases related to the interpretation of the Constitution, federal law, and international matters, there are instances where state courts handle cases that touch on federal issues. For example, federal courts cannot interrupt state court proceedings in most cases, and some matters, like international maritime law and conflicting land grants between states, fall under federal jurisdiction but are tried in the state where the crime occurred.
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The Judicial Branch
The Supreme Court holds discretionary jurisdiction, meaning it does not have to hear every case brought to it. It has original jurisdiction in cases involving ambassadors, ministers, and consuls, in all cases respecting foreign nation-states, and in controversies that are subject to federal judicial power because at least one state is a party.
Federal courts are granted criminal contempt and civil contempt powers by the Constitution to enforce judicial decisions. Other implied powers include injunctive relief and the habeas corpus remedy. Federal courts can imprison for contumacy, bad-faith litigation, and failure to obey a writ of mandamus. Judicial power also includes that granted by Acts of Congress for rules of law and punishment, and extends to areas not covered by statute.
The Constitution outlines the amendment and ratification processes. The amendment process is different and more difficult than the process for making laws. 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. Alternatively, two-thirds of the state legislatures can submit an application to Congress, and Congress calls a national convention at which states propose amendments. Three-fourths of the state legislatures or state conventions must vote in favour of an amendment to ratify it.
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Frequently asked questions
The Constitution of the United States is a legal document that outlines the framework of the government and how it operates.
The Constitution includes an introductory paragraph called the Preamble, seven Articles, an untitled closing endorsement with signatures, and 27 Amendments.
The Preamble introduces the purposes of the government, beginning with the famous words, "We the People."
The first three Articles establish the three branches of government: Legislative (Congress), Executive (President), and Judicial (Federal Court System). The remaining Articles describe the relationship between states and the Federal Government, and outline the amendment and ratification processes.
Amendments are changes to the Constitution. The first 10 Amendments are known as the Bill of Rights. Amendments can be proposed by two-thirds of Congress or two-thirds of state legislatures, and must be ratified by three-fourths of state legislatures or conventions.
