Jonah Patel
The US Constitution is the supreme law of the United States of America, superseding the nation's first constitution, the Articles of Confederation, on March 4, 1789. It establishes the framework of the federal government and is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The seven articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The legislative branch consists of the bicameral Congress (Article I), the executive branch is made up of the president and subordinate officers (Article II), and the judicial branch includes the Supreme Court and other federal courts (Article III). The remaining articles (IV, V, VI, and VII) outline concepts of federalism, describing the rights and responsibilities of state governments and their relationship to the federal government. Amendments to the Constitution, such as the Fourteenth Amendment, have expanded upon these rights and limitations, granting citizenship and establishing limits on state power.
| Characteristics | Values |
|---|---|
| Preamble | We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity |
| Articles | 7 |
| Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| Article I | Describes the Congress, the legislative branch of the federal government |
| Article I, Section 9 | Lists eight specific limits on congressional power |
| Article I, Section 2, Clause 3 | Superseded by the Fourteenth Amendment, which granted US citizenship to former slaves and all persons "subject to US jurisdiction" |
| Article I, Section 9, Clause 4 | Limited the power of Congress to lay and collect taxes on income; this constraint was removed by the Sixteenth Amendment |
| Article II | Describes the executive, consisting of the president and subordinate officers |
| Article III | Describes the judicial, consisting of the Supreme Court and other federal courts |
| Article IV, Article V, and Article VI | Embodies concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process |
| Article V | Describes the process of amending the Constitution |
| Article XVIII | Prohibited the making, transporting, and selling of alcoholic beverages nationwide |
| Article XIV | Contains three new limits on state power: a state shall not violate a citizen's privileges or immunities; shall not deprive any person of life, liberty, or property without due process of law; and must guarantee all persons equal protection of the laws |
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What You'll Learn
The Preamble and seven articles
The United States Constitution is a blueprint for how the framers envisioned the government running the country. It comprises the Preamble and seven articles, signed on September 17, 1787, and ratified on June 21, 1788.
The Preamble sets the stage for the Constitution, clearly communicating the intentions of its creators and the purpose of the document. It is not a law but an introduction to the highest law of the land. The Preamble outlines the following five objectives:
- Establish Justice
- Insure domestic Tranquility
- Provide for the common defence
- Promote the general Welfare
- Secure the Blessings of Liberty
The seven articles make up the structural constitution and detail the framework of the federal government. Here is an overview of what each article covers:
Article I – The Legislative Branch
The primary objective of the legislative branch is to create laws. It is divided into two chambers: the House of Representatives and the Senate. Congress, a legislative body, has the authority to draft and enact legislation, borrow money for the nation, declare war, and raise a military. It also serves to check and balance the other two federal branches.
Article II – The Executive Branch
This branch of the government is responsible for the day-to-day management of government operations through various federal departments and agencies, such as the Department of Treasury. The executive branch has the power to make treaties, appoint federal judges, department heads, and ambassadors, and determine how to run the country and military operations.
Article III – The Judicial Branch
Article III outlines the authority of the federal court system, with the U.S. Supreme Court as the court of last resort. Congress can determine the size and scope of the lower courts. All judges are appointed for life unless they resign or are impeached for misconduct.
Article IV – The States
This article defines the relationship between the states and the federal government.
Article V – Amendment
Article V establishes that future generations can amend the Constitution if societal changes require it. Both the states and Congress can initiate the amendment process.
Article VI – Debts, Supremacy, Oaths
Article VI declares that the U.S. Constitution and its laws are the "supreme Law of the Land." All officials, including members of state legislatures, Congress, the judiciary, and the executive branch, must swear an oath to the Constitution.
Article VII – Ratification
This final article details the signatories of the Constitution, representing the original 13 states. It verifies that the required number of colonies agreed to the document.
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Amendments and the Bill of Rights
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. These amendments were added to the Constitution to limit government power and protect individual liberties. James Madison wrote the Bill of Rights and introduced it in the House of Representatives for consideration. Madison's proposal included a provision to extend the protection of some of the Bill of Rights to the states, but the amendments that were finally submitted for ratification applied only to the federal government.
The Bill of Rights was proposed following the 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists. The Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty. The first ten amendments to the Constitution safeguard freedoms like speech, religion, and the right to bear arms, while ensuring protections such as due process and trial by jury.
The Ninth Amendment states that the "enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people". The Tenth Amendment states that 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". These amendments make clear that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people.
The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), the Northwest Ordinance (1787), the English Bill of Rights (1689), and the Magna Carta (1215). The English Magna Carta of 1215, for example, inspired the right to petition and to a trial by jury, while the English Bill of Rights of 1689 provided an early precedent for the right to keep and bear arms.
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Legislative branch
Article I of the US Constitution establishes the Legislative Branch, which consists of a House of Representatives and a Senate, collectively known as Congress. This branch holds all legislative powers, meaning only it can create or amend laws.
The House of Representatives is composed of members chosen every two years by the people of the various states. Representatives must be at least 25 years old, have been a US citizen for at least seven years, and live in the state they represent. The number of representatives from each state is proportional to the state's population.
The Senate, on the other hand, has unlimited debate on most bills, meaning senators can speak to issues beyond the bill under consideration, and any amendment can be introduced. Senators can use this to filibuster a bill, delaying a vote and, by extension, its passage. A supermajority of 60 senators can, however, break a filibuster and force a vote.
Congress has extensive investigative powers and can compel the production of evidence or testimony. It can also mandate spending on specific items, known as "earmarks," which direct funding toward particular projects rather than government agencies. Additionally, Congress levies taxes and tariffs to fund essential government services and may authorize borrowing if it cannot raise enough money.
Congress assembles at least once a year and can make or alter regulations regarding the times, places, and manner of holding elections for senators and representatives. Each house is the judge of the elections, returns, and qualifications of its members, and a majority constitutes a quorum to conduct business.
The Legislative Branch also has the power to declare war, raise and support armies, and provide for the militia to execute laws, suppress insurrections, and repel invasions.
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Executive branch
The Executive Branch of the US government is headed by the President, who is both the head of state and the head of government. The President is also the Commander-in-Chief of the armed forces. The Executive Branch employs more than 4 million Americans, including members of the armed forces.
Article II of the Constitution outlines the powers and responsibilities of the Executive Branch. Before assuming office, the President must take an oath:
> I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.
The President is responsible for executing and enforcing the laws created by Congress. They have the power to issue executive orders, which direct executive officers or clarify and help implement existing laws. The President can also negotiate and sign treaties, which must be ratified by two-thirds of the Senate. Additionally, the President has the authority to appoint members of their Cabinet, federal judges, ambassadors, and other federal officials.
The Constitution sets out eligibility requirements for the Presidency. To be eligible, one must be a natural-born citizen of the United States and be at least 35 years old. They must also have been a resident of the United States for at least 14 years.
The President is limited to two four-year terms, due to the 22nd Amendment to the Constitution, ratified in 1951. The Vice President serves as the President of the Senate and has a tie-breaking vote. Their other duties are at the discretion of the President.
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Judicial branch
Article III of the US Constitution establishes the federal judiciary and outlines the role of the Judicial Branch. This branch of the US government is comprised of one supreme court, also known as the Supreme Court, and "such inferior Courts as the Congress may from time to time ordain and establish".
The Supreme Court is the highest court in the US and acts as the court of last resort for those seeking justice. It also has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but is considered one of the Court's most important roles. The Supreme Court also plays a crucial role in protecting civil rights and liberties, ensuring that laws that violate the Constitution are struck down, and setting limits on democratic government.
The Constitution gives Congress the power to decide how to organise the Supreme Court and the lower federal court system. This power was first exercised through the Judiciary Act of 1789, which established a Supreme Court with six justices. Over time, the number of seats on the Supreme Court has varied, but since the Civil War, it has been fixed at nine—one Chief Justice and eight Associate Justices.
The Judicial Branch has jurisdiction over a wide range of cases, including those arising under the Constitution, laws of the United States, and treaties made under their authority. This includes cases affecting ambassadors, public ministers, and consuls, as well as those involving admiralty and maritime jurisdiction. The Court also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law.
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