Jonah Patel
The U.S. 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 (Office of the President), and Judicial (Federal court system). Articles four through seven describe the relationship between the states and the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes. The first ten amendments are known as the Bill of Rights, offering specific protections of individual liberty and justice and placing restrictions on the powers of the U.S. government.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| Amendments 13-15 | Known as the Reconstruction Amendments |
| Amendment Process | Requires proposals to be adopted and ratified |
| Ratification Method | Chosen by Congress for each amendment |
| Federal Law | Supreme over state and local laws |
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What You'll Learn
The Bill of Rights
The US Constitution is the supreme law of the land, establishing a federal government with powers divided between a legislative, an executive, and a judicial branch. The second half of the Constitution, or the first ten amendments, is known as the Bill of Rights.
The first of these amendments prohibits the government from establishing an official religion or prohibiting the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble, or prohibiting citizens from petitioning the government for a redress of grievances. The second amendment guarantees the right to keep and bear arms, a right that is also guaranteed by the constitutions of Guatemala and Mexico. The third amendment prohibits the government from quartering soldiers in citizens' homes without consent, while the fourth amendment protects citizens against unreasonable searches and seizures. The fifth amendment guarantees due process of law, including the right to remain silent and the right to just compensation for the taking of private property for public use.
The sixth amendment guarantees the right to a speedy trial, the right to a public trial, the right to an impartial jury, the right to be informed of the nature and cause of the accusation, the right to be confronted with the witnesses against one, the right to compulsory process to obtain witnesses in one's favour, and the right to an attorney. The seventh amendment guarantees the right to a trial by jury in certain civil cases, while the eighth amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments. Finally, the tenth amendment states that powers not delegated to the federal government by the Constitution are reserved to the states or to the people.
Amendments to the United States Constitution, unlike those made to many constitutions worldwide, are appended to the document. The process of amending the Constitution involves two steps: proposals to amend the Constitution must be properly adopted and ratified before they can change the Constitution. Firstly, there are two procedures for adopting the language of a proposed amendment: either by Congress, with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention (which takes place whenever two-thirds of the state legislatures collectively call for one). Secondly, there are two procedures for ratifying the proposed amendment, requiring the approval of three-fourths of the states: consent of the state legislatures or consent of state ratifying conventions.
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The three branches of government
The U.S. Constitution is composed of a preamble, seven articles, and 27 amendments. The first three articles establish the three branches of the U.S. government and their powers: the Legislative Branch, the Executive Branch, and the Judicial Branch.
The Legislative Branch
The Legislative Branch, or Congress, is responsible for making laws. It is divided into two parts, or "Houses": the House of Representatives and the Senate.
The Executive Branch
The Executive Branch is led by the President of the United States, who is elected to a four-year term along with the Vice President. The President is responsible for executing the laws of the land and is the Commander-in-Chief of the armed forces. The Executive Branch also includes the various departments and agencies that carry out the day-to-day functions of the government, such as the Department of State, the Department of Defense, and the Department of Treasury.
The Judicial Branch
The Judicial Branch interprets the laws and is made up of the Federal court system, including the Supreme Court. The Judicial Branch also includes lower courts established by Congress, such as the U.S. Court of Appeals and the U.S. District Courts.
The Constitution establishes a system of checks and balances to prevent any one branch from becoming too powerful. This system allows the branches to share power and limit each other's authority, ensuring a balance of power between the three branches of government.
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The amendment process
The United States Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are collectively known as the Bill of Rights, and the remaining 17 amendments primarily expand individual civil rights protections, address federal authority, and modify government processes and procedures.
Article V of the Constitution outlines the amendment process, which is distinct and more challenging than the process for creating laws. There are two steps in the amendment process: proposals to amend the Constitution must be duly adopted and ratified before they can modify the Constitution. Firstly, there are two methods for adopting the wording of a proposed amendment: either by a two-thirds majority vote in both the Senate and the House of Representatives or by a national convention, which is convened when two-thirds of state legislatures collectively request one. Secondly, there are two methods for ratifying the proposed amendment, requiring the approval of three-fourths of the states (currently 38 out of 50): through the consent of state legislatures or state ratifying conventions. The ratification method is determined by Congress for each amendment. State ratifying conventions were only used once, for the Twenty-first Amendment.
The Office of the Federal Register verifies the receipt of the required number of authenticated ratification documents. Following this, it drafts a formal proclamation for the Archivist of the United States to certify the amendment as valid, signifying its integration into the nation's framework of governance. This certification is published in the Federal Register and the United States Statutes at Large, serving as official notification to Congress and the nation of the ratification process's successful completion.
The United States Constitution is one of the most challenging constitutions in the world to amend, according to legal scholars Levitsky and Ziblatt. This complexity helps explain the persistence of undemocratic institutions in the US that most or all other democracies have reformed.
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Federal law's supremacy
The U.S. 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 Branch (Congress), the Executive Branch (the office of the President), and the Judicial Branch (the 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. Article VI specifically states that Federal law is supreme, or higher than, state and local laws. This means that if a state law conflicts with a Federal law, Federal law takes precedence.
The first ten amendments to the Constitution are known as the Bill of Rights, offering specific protections of individual liberty and justice and placing restrictions on the powers of the government within the U.S. states. Amendments to the Constitution are appended to the document, unlike amendments to many other constitutions worldwide. The process of amending the Constitution is deliberately difficult and involves two steps: proposals must be adopted and then ratified before they become part of the Constitution.
The original U.S. Constitution was handwritten on five pages of parchment by Jacob Shallus. It is the first permanent constitution and has been interpreted, supplemented, and implemented by a large body of federal constitutional law. It has also influenced the constitutions of other nations.
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The ratification process
The second step involves ratifying the proposed amendment, which requires the approval of three-fourths of the states (currently 38 out of 50). This can be achieved through the consent of state legislatures or state ratifying conventions, with Congress deciding on the ratification method for each amendment. State ratifying conventions have only been used once, for the Twenty-first Amendment.
The US Constitution, with its amendments, serves as the supreme law of the land. Courts established by the Constitution, such as the Supreme Court, interpret and ensure compliance with this fundamental law. The Supreme Court has used The Federalist Papers as a supplementary guide to interpreting the Constitution, given that John Jay, its first Chief Justice, was a co-author.
The first ten amendments to the Constitution, collectively known as the Bill of Rights, play a significant role in protecting individual liberty and justice while restricting government powers. Later amendments further expanded civil rights protections, addressed federal authority issues, and modified government processes.
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Frequently asked questions
The U.S. Constitution is composed of a preamble, seven articles, and 27 amendments.
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 first ten amendments are known as the Bill of Rights. They offer specific protections of individual liberty and justice and place restrictions on the powers of government within the U.S. states.
Proposals to amend the Constitution must be properly adopted and ratified before they can change the Constitution. Two-thirds of the Senate and two-thirds of the House of Representatives must vote to change the Constitution, after which an amendment goes to the state legislatures for a vote. Three-fourths of the states must approve the amendment for it to be ratified.
