Jonah Patel
The Constitution of the United States contains a preamble and seven articles that outline the structure and functions of the three branches of the US government: the Legislative, Executive, and Judicial branches. The first three articles establish these three branches and their powers, with a system of checks and balances to prevent any one branch from becoming dominant. 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 outline the amendment and ratification processes. The amendment process, outlined in Article V, requires a two-thirds majority vote in both the Senate and the House of Representatives, followed by ratification by three-fourths of the state legislatures or state conventions. The Constitution also addresses the powers of Congress, including the admission of new states into the Union, the disposal of federal territory, and the protection of each state within the Union.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Purpose | To describe the way the government is structured and how it operates |
| First three Articles | Establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system) |
| System of Checks and Balances | Prevents any one of the three branches from becoming dominant |
| Amendment Process | Explained in Article V, which is different and more difficult than the process for making laws |
| Federal Law | Article VI states that Federal law is supreme and takes precedence over state and local laws |
| Ratification Process | Described in Article VII, requiring special state ratifying conventions with nine states required to enact the Constitution |
| Judicial Power | Extends to all cases in law and equity arising under the Constitution, laws of the United States, and treaties |
| Preamble | Sets the stage and communicates the intentions and purpose of the Constitution; it is not a law |
| Slavery | Initially protected and continued for six decades after the Constitution, with the 13th Amendment in 1865 abolishing it |
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What You'll Learn
The preamble
In summary, the Preamble to the United States Constitution sets the stage for the Constitution by communicating its core values and objectives. It has been used by courts to interpret the Constitution and has had a significant impact on how the Constitution is applied and interpreted.
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The three branches of government
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group will have too much power. The first three articles of the Constitution establish these three branches of government and their powers.
The Legislative Branch is responsible for making the laws. Congress, which is made up of two houses, the Senate and the House of Representatives, falls under this branch. Congress is divided into two parts, or "Houses," with the House of Representatives and the Senate each having their own powers and duties.
The Executive Branch, led by the President, enforces the laws that the Legislative Branch creates. The President is the head of state, leader of the federal government, and Commander-in-Chief of the United States armed forces. The Executive Branch also includes about 5,000,000 workers who support the President in enforcing the laws.
The Judicial Branch interprets the laws. It includes the Supreme Court, which is the highest court in the country, and 9 Justices who are appointed for life unless they commit a serious crime. These Justices interpret laws according to the Constitution and only hear cases related to constitutional issues. The federal judicial system also has lower courts in each state to handle cases involving federal matters.
Each branch of government has its own roles and areas of authority, and they work together to maintain a balance of power. The system of checks and balances prevents any one branch from becoming too powerful.
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Checks and balances
The US Constitution establishes three separate but equal branches of government: the legislative branch, the executive branch, and the judicial branch. The framers of the Constitution structured the government in this way to prevent any one branch from becoming too powerful and to create a system of checks and balances.
The legislative branch is responsible for making laws, the executive branch enforces the laws, and the judicial branch interprets the laws. Each branch has its own authority but must also depend on the authority of the other branches for the government to function.
The Constitution includes various limits and controls on the powers of each branch, allowing them to check the powers assigned to another. For example, the President can veto legislation, but they require the consent of the Senate to appoint executive officers and judges or enter into treaties. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional. The impeachment power gives Congress the authority to root out corruption and abuse of power in the other two branches.
The system of checks and balances has been tested numerous times throughout history and has evolved from custom and constitutional conventions. For instance, the US Congress passed the War Powers Act in 1973, overriding President Richard Nixon's earlier veto, which he considered an "unconstitutional and dangerous" check on his duties as commander-in-chief of the military.
The concept of checks and balances did not originate at the Constitutional Convention but has deep philosophical and historical roots. The Greek historian Polybius analysed the ancient Roman constitution under three main divisions: monarchy (represented by the consul), aristocracy (the Senate), and democracy (the people). These concepts influenced later ideas about the separation of powers and the importance of checks and balances in a well-functioning government.
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The amendment process
The authority to amend the US Constitution is derived from Article V of the Constitution. The framers of the Constitution made it difficult to amend the document to ensure its longevity. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights.
Once an amendment is proposed by Congress, it must be ratified by the legislatures of three-fourths of the states (38 out of 50 states) to become part of the Constitution. The mode of ratification, whether by the state legislatures or by conventions, is determined by Congress. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
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Federal law is supreme
The Supremacy Clause, also known as Article VI, Clause 2 of the US Constitution, establishes federal law as the "supreme Law of the Land". This means that the Constitution, federal laws made under it, and treaties made under its authority take priority over any conflicting state laws. The Supremacy Clause was included in the Constitution to address issues with the Articles of Confederation, which lacked a similar provision and, as a result, did not bind state courts to federal statutes in the absence of state legislation.
The Supremacy Clause has been invoked by the Supreme Court throughout US history to assert the supremacy of federal law over state law. For example, in Ableman v. Booth (1859), the Supreme Court held that state courts could not issue rulings that contradicted the decisions of federal courts, citing the Supremacy Clause. The Court reasoned that because the Supremacy Clause established federal law as the law of the land, state courts could not nullify the judgments of federal courts.
The Supremacy Clause is considered a cornerstone of the United States' federal political structure. It assumes the underlying priority of federal authority, provided that this authority is expressed in the Constitution itself. This means that federal and state governments must stay within the boundaries of the Constitution when enacting laws.
There are two types of preemption that can occur when there is a conflict between federal and state laws: field preemption and conflict preemption. Field preemption occurs when federal law is so pervasive that it is reasonable to infer that Congress left no room for states to supplement it, or when the federal interest is so dominant that the federal system will preclude enforcement of state laws on the same subject. Conflict preemption occurs when compliance with both federal and state law is impossible, or when state law poses an obstacle to federal objectives.
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Frequently asked questions
The first three articles of the US Constitution 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 of the US Constitution 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 states that the judicial power shall extend to all cases in law and equity arising under the Constitution, the laws of the United States, and treaties made under their authority. The Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers, and consuls, and those in which a state is a party.
The Thirteenth Amendment (1865) abolished slavery and involuntary servitude, except as punishment for a crime, and authorized Congress to enforce abolition.
