Isabella Carter
The US Constitution is divided into three parts: the legislative, executive, and judicial branches. The legislative branch, consisting of the bicameral Congress, is responsible for making laws. The executive branch, led by the President, carries out those laws. The judicial branch, made up of the Supreme Court and other federal courts, interprets the laws. Each branch has its own powers and responsibilities, and they work together to govern the country. The Constitution also outlines the rights and responsibilities of state governments and the process for amending and ratifying the document.
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What You'll Learn
Legislative Branch (Congress)
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch, also known as Congress, is established by Article I of the Constitution and consists of the House of Representatives and the Senate.
The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. There are also six non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other US territories. The presiding officer of the chamber is the Speaker of the House, who is elected by the Representatives. The House can originate revenue legislation and has rules and practices that allow a numerical majority to process legislation relatively quickly.
The Senate, on the other hand, has 100 members, with each state electing two senators who serve six-year terms. The Senate confirms presidential nominations, approves treaties, and can provide substantial oversight of policy implementation. Senate rules and procedures favor deliberation over quick action, giving individual senators significant procedural leverage.
Congress has the sole authority to enact legislation and declare war, as well as the right to confirm or reject many presidential appointments. It is the only part of the US government that can make new laws or change existing ones. The legislative process begins with the introduction of a bill to Congress, which is then referred to the appropriate committee for review. There are 17 Senate committees with 70 subcommittees and 23 House committees with 104 subcommittees, which can change with each new Congress. Once a bill has been reviewed by the relevant committees, it is presented to the President. The President may veto the bill, but Congress can override this veto with a two-thirds vote in both the Senate and the House of Representatives.
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Executive Branch (President)
The US Constitution is divided into three parts: the legislative, executive, and judicial branches. The executive branch, also known as Article II, establishes the Executive Branch of the federal government, which is vested in the President of the United States of America.
Article II outlines the election of the President, including the establishment of the electoral college, and sets out the qualifications of the President, the oath of office, and compensation. It also creates succession provisions in the event of a President's removal or inability to act.
Section 1 of Article II establishes the President's authority to enforce laws and appoint agents charged with enforcing them. The President also has distinct authority over foreign affairs and is the only one with the power to represent the nation. The President is the Commander in Chief of the Army, Navy, and Militia of the United States and may require the written opinion of the principal Officer in each of the executive departments on any subject relating to their duties. The President has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
The President has the power, with the advice and consent of the Senate, to make treaties, appoint Ambassadors, public Ministers, Consuls, Judges of the Supreme Court, and other Officers of the United States. The President can also veto legislation created by Congress, and nominate heads of federal agencies and high court appointees.
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Judicial Branch (Federal Courts)
The US Constitution is divided into three parts, or branches: the legislative, the executive, and the judicial. The third branch, the judiciary, includes the Supreme Court and other federal courts.
The judiciary is responsible for interpreting the law and applying it to disputes, providing a check and balance to the legislative and executive branches. The Supreme Court, established by Article III of the Constitution, is the highest court in the US. It has the power to overturn unconstitutional laws and its decisions are binding on all other courts.
Below the Supreme Court are 13 appellate courts, or courts of appeals. These courts determine whether the law was applied correctly in the trial court or federal administrative agency. There are also 94 district or trial courts, which resolve disputes by determining the facts and applying the law to those facts. Additionally, there are 90 bankruptcy courts that help individuals and businesses unable to pay their debts get a fresh start.
Federal judges, like Supreme Court justices, are appointed by the President with the consent of the Senate. They serve until they resign, are impeached and convicted, retire, or die. Congress has the power to establish other tribunals within the executive branch to assist the President, and these judges are generally considered part of the executive branch.
The US Marshals Service, an executive branch agency, is responsible for providing protection for the federal judiciary and transporting federal prisoners. The Supreme Court Police provide security for the Supreme Court building.
The federal courts have some limitations on their powers. For example, the Eleventh Amendment prohibits federal courts from hearing cases where a state is sued by an individual from another state or country. The doctrines of mootness, ripeness, and standing prohibit district courts from issuing advisory opinions. The abstention doctrine and the Rooker-Feldman doctrine limit the power of lower federal courts to disturb rulings made by state courts.
Another limitation is executive nonacquiescence, where the executive branch simply refuses to accept a judicial decision as binding precedent. This has occurred in the context of the administration of internal revenue laws by the Internal Revenue Service (IRS).
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Federalism and States' Rights
The US Constitution is divided into three parts: the Preamble, seven articles, and 27 amendments. The first three articles establish the three branches of government and their powers: the legislative (Congress), the executive (the office of the President), and the judicial (the Federal court system).
Articles IV, V, and VI embody concepts of federalism and states' rights. Article IV outlines states' powers in relation to each other. States have the authority to create and enforce their own laws but must also respect and help enforce the laws of other states. Congress may pass federal laws regarding how states honour other states' laws and records.
Article V explains the amendment process, which is more difficult than the process for making laws. Amendments can be proposed by two-thirds of both houses of Congress or by a national convention requested by two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
Article VI states that federal law takes precedence over state and local laws. This means that in any conflict, federal law is supreme and takes priority.
The US Constitution also includes several amendments that impact federalism and states' rights. For example, the Eleventh Amendment (1795) prohibits federal courts from hearing cases in which a state is sued by an individual from another state or country, extending sovereign immunity to the states. The Sixteenth Amendment (1913) removed constraints on Congress's power to lay and collect income taxes, impacting the balance of power between the federal government and states.
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Amendments and Ratification
The US Constitution is divided into three parts: the legislative, the executive, and the judicial. The legislative branch consists of the bicameral Congress (Article I); the executive branch consists of the President and subordinate officers (Article II); and the judicial branch consists of the Supreme Court and other federal courts (Article III).
The US Constitution has a total of 27 amendments, with approximately 11,848 proposals to amend it having been introduced in Congress since 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. The Eleventh Amendment (1795) prohibits federal courts from hearing cases where a state is sued by an individual from another state or country, granting states sovereign immunity from certain legal liabilities. The Sixteenth Amendment (1913) removed constraints on Congress's power to levy and collect income taxes.
The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments: a two-thirds majority vote in both houses of Congress, or a constitutional convention requested by two-thirds of state legislatures. Congress decides on the mode of ratification, which can be through state legislatures or state ratifying conventions. The Archivist of the United States administers the ratification process, delegating many duties to the Director of the Federal Register.
Once a proposal is passed, the Director of the Federal Register prepares an information package for the states, including formal copies of the joint resolution. When a state ratifies a proposed amendment, it sends an original or certified copy of the action to the Archivist, who conveys it to the Director of the Federal Register for examination and custody. If the required number of states ratify the amendment, the Director drafts a formal proclamation for the Archivist to certify the amendment's validity, publishing it in the Federal Register. This certification serves as official notice to Congress and the nation that the amendment process is complete.
The convention method of ratification has only been used once, for the Twenty-first Amendment. Amendments can be proposed indefinitely, and Congress has occasionally stipulated a ratification deadline of seven years from the submission date.
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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).
Article I assigns the responsibility for making laws to the Legislative Branch (Congress). Congress is divided into two parts, or “Houses,” the House of Representatives and the Senate.
The Executive branch, consisting of the President and subordinate officers, is responsible for executing the laws and overseeing the day-to-day functions of the government.
The Judicial branch, consisting of the Supreme Court and other federal courts, interprets the laws and ensures that they are applied fairly and consistently.
The US Constitution also includes a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. Articles IV-VII describe the relationship between the federal government and the states, with Article V outlining the process for amending the Constitution.
