Tools And Steps: Constitution's Framework

The United States Constitution is the fundamental framework of America's system of government. It contains a preamble and seven articles that describe the structure and operation of the government. The first three articles establish the three branches of government and their powers: the legislative branch (Congress), the executive branch (office of the President), and the judicial branch (Federal court system). A system of checks and balances prevents any one branch from becoming dominant. The Constitution also outlines the relationship between the states and the Federal Government, establishes the amendment and ratification processes, and defines the purposes and duties of the government. It has been amended 27 times since it became operational in 1789, with the first ten amendments known as the Bill of Rights, protecting individual liberties and restricting government powers.

Explore related products

The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool

$28.44 $29.95

CrunchTime for Contstitutional Law (Emanuel CrunchTime Series)

$34.22 $59.95

Constitutional Law [Connected eBook with Study Center] (Aspen Casebook)

$95 $345

Questions & Answers: Constitutional Law (Questions & Answers Series)

$29.5

The Constitution of the United States and The Declaration of Independence

$1.99

American Constitutional Law: Powers and Liberties [Connected eBook with Study Center] (Aspen Casebook)

$260 $359

The three branches of government

The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power.

The legislative branch is made up of the House and Senate, known collectively as Congress. Congress makes the laws, declares war, regulates interstate and foreign commerce, and controls taxing and spending policies. It is responsible for confirming or rejecting presidential nominations for heads of federal agencies, federal judges, and the Supreme Court. It can also override the president's veto with enough votes and impeach the president and remove them from office.

The executive branch is led by the President, who is the head of state, leader of the federal government, and Commander-in-Chief of the US armed forces. The president enforces the laws made by Congress and can declare Executive Orders, which have the force of law. The executive branch also includes executive departments, independent agencies, and other boards, commissions, and committees.

The judicial branch, which includes the Supreme Court and other federal courts, interprets the laws and decides how to apply them in real-life situations. The justices of the Supreme Court are nominated by the president and confirmed by the Senate. They can overturn unconstitutional laws and declare Executive Orders unconstitutional.

System of checks and balances

The US Constitution, which came into operation in 1789, has been amended 27 times. It contains a preamble and seven articles that outline the framework of the federal government and how it operates. The first three articles establish the three branches of government and their powers: the Legislative Branch (Congress), the Executive Branch (Office of the President), and the Judicial Branch (Federal Court System).

The System of Checks and Balances is a mechanism within the US Constitution that prevents any one of the three branches of government from becoming dominant. It ensures that each branch has a degree of control over the others, creating a balance of power. Here's how it works:

The Legislative Branch, or Congress, is responsible for making laws. It consists of two chambers: the House of Representatives and the Senate. Representatives are 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, provides equal representation for each state, with two senators from each state. Congress can propose amendments to the Constitution, and it can also pass laws regarding how states honour the laws of other states.

The Executive Branch, headed by the President, has the power to veto legislation passed by Congress. However, Congress can override this veto with a two-thirds majority vote in both houses. The Executive Branch also has the power to appoint federal judges, but these appointments must be approved by the Senate.

The Judicial Branch, or the Federal Court System, has the power to declare laws and actions of the other branches unconstitutional. Federal judges are appointed for life, providing stability and independence to the judiciary. The Supreme Court, as the highest court in the land, can strike down laws passed by Congress or actions taken by the President if they are deemed to violate the Constitution.

This system of checks and balances ensures that power is distributed and monitored across the three branches of government, preventing any one branch from having too much power and protecting against potential tyranny or abuse of power.

Federal judges' appointment

The process of appointing federal judges in the United States is laid out in Article III of the US Constitution. This article establishes the Judicial Branch and outlines the process of appointing federal judges.

Article III grants the President the power to nominate federal judges, including Supreme Court justices, with the "advice and consent" of the Senate. This means that the President can nominate judges, but they must be confirmed by the Senate. The President's power to appoint federal judges is further detailed in Article II, Section 2, which authorises the President to make recess appointments when the Senate is not in session. However, these recess appointments expire at the end of the Senate's next session.

The process of appointing federal judges has evolved over time, with the emergence of political parties and the increasing bureaucratisation of the selection process. While modern presidents have employed varying styles in selecting federal judges, the Senate Judiciary Committee typically conducts confirmation hearings for each nominee. Additionally, members of Congress and the Department of Justice have developed their own informal criteria for evaluating nominees, and the names of potential nominees are often recommended by senators or members of the House who share the President's political party.

The Constitution does not specify any requirements for federal judges, but certain eligibility criteria have been established for specific types of judges, such as magistrate judges and bankruptcy judges. Magistrate judges, for example, must meet criteria such as having at least five years of experience as a member in good standing of a state or territory's highest court bar and being vetted by a merit selection panel. Bankruptcy judges are appointed by a majority of the judges of the US Court of Appeals for their circuit and serve 14-year renewable terms.

The number of federal judges, particularly bankruptcy judges, is determined by Congress, with input from the Judicial Conference of the United States. The jurisdiction of these judges is also largely determined by Congress, with some exceptions, such as disputes between US states, which fall under the original jurisdiction of the Supreme Court.

Explore related products

Know Your Constitutional Rights with ICE Law Enforcement Card 30pk 2x3.5” Wallet Size at Your Home Immigration Customs When You’re Stopped by Police Interaction FBI Basic Freedoms

$9.99

Constitutional Law: [Connected eBook with Study Center] (Aspen Casebook)

$242.07 $359

Constitutional Law: Cases in Context [Connected eBook with Study Center] (Aspen Casebook Series)

$75 $359

Constitutional Rights Card to Hand to Law Enforcement at Your Home 30pk 2x3.5” Wallet Size Legal Citizens Police Interaction Warrant Under Arrest Questions

$9.99

Constitutional Law (Examples & Explanations)

$58

American Constitutional Law: Powers and Liberties (Aspen Casebook)

$94.99 $280

States' powers

The Tenth Amendment to the US Constitution, ratified in 1791 as part of the Bill of Rights, outlines the powers of state governments. It 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."

The Tenth Amendment advocates federalism, or the division of power between federal and state governments. It grants state governments all powers not specifically delegated to the federal government by the Constitution. Traditionally, these state powers included "police powers" related to health, education, and welfare. Each state operates according to its own constitution, which serves as the basis for its laws.

While the federal government has broad authority, the Tenth Amendment confines that authority to the powers listed in the Constitution. For example, the federal government can regulate commerce, levy taxes, and establish rules for naturalization and bankruptcy. However, states cannot form alliances with foreign governments, declare war, coin money, or impose duties on imports or exports.

In practice, the dynamic between federal and state powers has been tested over time. After the Civil War, states experimented with social welfare legislation, but the Supreme Court struck down many of these laws, citing violations of personal liberty. The Fourteenth Amendment also extended Constitutional rights and protections against state governments, providing federal protection to citizens from state constitutional violations.

Today, states continue to have significant autonomy in various areas, such as legalizing marijuana for personal and medical use, despite federal laws banning it. The interpretation and application of the Tenth Amendment remain relevant in contemporary debates and legislation, including discussions around state regulations on abortions following the Court's decision in Dobbs v. Jackson (2022).

Amendment process

The United States Constitution was designed to "endure for ages to come", and as such, the process of amending it is deliberately difficult and time-consuming. The authority to amend the Constitution is derived from Article V of the Constitution, which establishes two methods for proposing amendments.

The first method, which has been used for all 27 amendments so far, requires a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format, as well as assembling an information package for the States.

The second method, which has never been used, is for two-thirds of the state legislatures to request that Congress call a Constitutional Convention to propose amendments.

Once an amendment has been proposed, either by Congress or a Constitutional Convention, it must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution. The Governors submit the amendment to their State legislatures, and when a State ratifies it, they send an original or certified copy of the State action to the Archivist of the United States, who heads NARA. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. Once the OFR has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.

It is worth noting that the last two sentences of Article V make certain subjects unamendable. For example, no amendment can deprive a state, without its consent, of its equal suffrage in the Senate.

Frequently asked questions