The Constitution's Authority: Understanding The Document's Power

The US Constitution outlines the structure and function of the three branches of the US government, and their powers: the Legislative (Congress), the Executive (office of the President), and the Judicial (Federal court system). The Constitution also establishes the relationship between the states and the Federal Government, with Articles IV and VI outlining states' powers in relation to each other and to the Federal Government. The first three articles of the Constitution establish the three branches of government and their powers, with a system of checks and balances to prevent any one branch from becoming dominant.

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Legislative, Executive and Judicial branches

The US Constitution is divided into three branches: the Legislative, the Executive, and the Judicial. Each branch has its own specific powers and responsibilities, which are outlined in Articles I, II, and III of the Constitution, respectively.

The Legislative Branch, established in Article I, is responsible for making laws and consists of a Congress of the United States, which includes a Senate and a House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the states, with each state having a number of representatives proportional to its population. The Senate, on the other hand, has a set number of 30 senators, with one-third of them being chosen every second year. To be a representative, one must be at least 25 years old, while senators must be at least 30. Both representatives and senators must have been citizens of the United States for a minimum number of years (seven for representatives and nine for senators) and must be inhabitants of the state they represent.

The Legislative Branch has a wide range of powers, including the ability to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. It can also raise and support armies, call forth the militia to execute laws, suppress insurrections, and repel invasions. Additionally, it has the power to define and punish piracies and felonies committed on the high seas, as well as offences against the Law of Nations.

The Executive Branch, outlined in Article II, is responsible for executing the laws and consists of the President, Vice President, and other civil officers of the United States. The President is the head of this branch and has the power to convene and adjourn Congress, receive ambassadors, and take care that the laws are faithfully executed. The President also has the authority to commission all officers of the United States. To be eligible for the office of the President, one must be a natural-born citizen of the United States, at least 35 years old, and have been a resident of the United States for at least 14 years.

The Judicial Branch, established in Article III, is responsible for interpreting the laws and consists of the Supreme Court and any inferior tribunals that Congress may establish. The judicial power extends to a wide range of cases, including those arising under the Constitution, laws of the United States, and treaties made under their authority. It also covers cases involving ambassadors, public ministers, and consuls, as well as those related to admiralty and maritime jurisdiction. The Supreme Court has original jurisdiction in cases affecting ambassadors, public ministers, and consuls, and in those in which a state is a party. In all other cases mentioned, the Supreme Court has appellate jurisdiction.

States' powers

The Tenth Amendment to the US Constitution, which was ratified on December 15, 1791, as part of the Bill of Rights, is key to understanding states' powers. The amendment states:

> "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

This amendment was the result of a tumultuous process of ratifying the Constitution, with many states fearing the expanded powers of the new national government and insisting on amendments. The Tenth Amendment has been interpreted as a clarification that the federal government is largely limited and enumerated, and that it does not have the authority to infringe on civil liberties.

The US Constitution is federal in form, meaning that the states and national governments share powers, which are derived from the Constitution. However, the Constitution also places limits on the powers of the states. Article I, Section 10 of the Constitution of the United States, for example, prohibits states from forming alliances with foreign governments, declaring war, coining money, or imposing duties on imports or exports.

State constitutions resemble the US Constitution in their basic structure, containing a preamble, a bill of rights, articles describing the separation of powers between the executive, legislative, and judicial branches, and a framework for setting up local governments. However, state constitutions tend to be significantly more lengthy than the US Constitution, with some containing outdated provisions.

In many states, citizens can perform legislative functions directly through initiatives, referendums, and recalls. Initiatives allow citizens to bypass the legislature and pass laws or amend the state constitution through a direct vote. Referendums allow citizens to approve or reject statutes or constitutional changes proposed by the legislature through a direct vote. Recalls, which are allowed in 14 states but rarely used, allow citizens to remove elected officials from office.

Federal law supreme

The Supremacy Clause is a cornerstone of the United States' federal political structure. It establishes the supremacy of federal law and assumes the priority of federal authority, provided it is expressed in the Constitution. The Supremacy Clause dictates that federal statutes and treaties must be within the boundaries of the Constitution and its enumerated powers. It is, therefore, a conflict-of-laws rule, specifying that federal acts take precedence over conflicting state acts.

The Supremacy Clause was introduced as part of the New Jersey Plan during the Federal Convention of 1787. James Wilson, during Pennsylvania's ratifying convention in 1787, affirmed the Supremacy Clause's role, stating that the power of the Constitution predominates, and any acts of Congress contrary to it would not have the force of law. Alexander Hamilton also wrote about the Supremacy Clause in Federalist No. 33, arguing that federal laws, by definition, must be supreme, or they amount to nothing.

The Supremacy Clause gives rise to the principle of federal preemption, which applies regardless of whether conflicting laws originate from legislatures, courts, administrative agencies, or state constitutions. For example, the Voting Rights Act of 1965, an act of Congress, supersedes state constitutions, and Food and Drug Administration regulations may override state court judgments in cases involving prescription drugs.

The Supreme Court, established by Article III, Section I of the Constitution, plays a crucial role in upholding the Supremacy Clause. It has the power of judicial review, enabling it to invalidate statutes, including acts of Congress, that violate the Constitution. The Court's role is to ensure that each branch of government recognises the limits of its power, protecting civil rights and liberties and safeguarding against laws that may harm or disadvantage minorities.

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Amendment process

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution involves several steps and requires the approval of a significant portion of the country's legislative bodies.

An amendment to the Constitution can be proposed in two ways, as outlined in Article V. Firstly, the Congress can propose an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. It is important to note that the President does not have a constitutional role in this process, so the joint resolution does not require their signature or approval. Secondly, a constitutional convention called for by two-thirds of the State legislatures can propose an amendment. However, it is worth mentioning that, historically, none of the amendments to the Constitution have been proposed through this method.

Once an amendment has been proposed, the next step is the ratification process. For an amendment to become valid and officially part of the Constitution, it must be ratified. Ratification can occur in one of two ways: either by the legislatures of three-fourths of the several States or by conventions in three-fourths of the States. The mode of ratification is determined by Congress. The Office of the Federal Register (OFR) plays a crucial role in this process by verifying that the required number of authenticated ratification documents have been received.

The final step in the amendment process involves the Archivist of the United States, who heads the National Archives and Records Administration (NARA). Once the OFR has verified the required ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been successfully completed.

Impeachment judgment

The US Constitution grants Congress the power to impeach federal officials. The House of Representatives has the sole power of impeachment and the Senate has the sole power to try impeachments. The president, vice president, and all civil officers of the United States are subject to impeachment.

Impeachment is the process of bringing charges against a government official for wrongdoing. The House of Representatives brings articles of impeachment (charges) against an official. If the House adopts the articles by a simple majority vote, the official has been impeached. The Senate then holds an impeachment trial. In the case of a president, the US Supreme Court chief justice presides.

The definition of "high crimes and misdemeanors" is not specified in the Constitution and has long been the subject of debate. The sanctions for an impeached and convicted individual are limited to removal from office and potentially a bar from holding future office. However, impeachment proceedings do not preclude criminal liability. Those who have been impeached and removed from office are still subject to criminal prosecutions for the same underlying factual matters.

Since 1789, about half of Senate impeachment trials have resulted in conviction and removal from office. Of those impeached, only eight officials were found guilty by the Senate and removed from office. All eight were federal judges.

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