Jonah Patel
The United States Constitution is a foundational document that outlines the country's core principles and the structure of its government. It has been amended numerous times since its creation in 1787, but certain topics have consistently received significant attention. These include the separation of powers, the establishment of a federal system, the role of the president, the judiciary, and the protection of individual liberties. The Constitution also addresses controversial issues such as slavery and the balance of power between large and small states. Understanding these topics and their evolution over time is essential for comprehending the functioning of the US government and the country's political history.
| Characteristics | Values |
|---|---|
| Number of amendments | 27 |
| Topic that received the most attention | Separation of Powers |
| Number of proposed amendments | Thousands |
| Number of ratified amendments | 17, in addition to the Bill of Rights |
| Age requirement for President | 35 years |
| Age requirement for Representative | 25 years |
| Residency requirement for President | 14 years |
| Residency requirement for Representative | 7 years |
| Judicial Power | Extends to cases in law and equity, and cases involving ambassadors, public ministers, consuls, etc. |
| Legislative Power | Vested in Congress, which consists of the Senate and House of Representatives |
| Composition of the Senate | Two Senators from each state, serving 6-year terms |
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What You'll Learn
The role of the President
Article II of the U.S. Constitution establishes the Executive Branch of the federal government, outlining the role of the President. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President.
Qualifications and Election
The President must be a natural-born citizen of the United States and at least 35 years old. The election of the President is outlined in Article II, with each State appointing Electors equal to the number of Senators and Representatives to which the State is entitled in Congress. The Electors then vote by ballot for two people, one of whom must not be an inhabitant of the same State as themselves. The person with the highest number of votes becomes the President, and the other becomes the Vice President.
Powers and Duties
The President has the power to make treaties with the advice and consent of the Senate, and to appoint ambassadors, public ministers, Supreme Court judges, and other officers of the United States. The President also has the power to fill vacancies that occur during the recess of the Senate by granting temporary commissions. As Commander-in-Chief, the President has the authority to enforce laws and appoint agents to carry out this enforcement. The President is also responsible for ensuring that the laws are faithfully executed and has the power to pardon individuals.
Impeachment and Succession
The President may be removed from office if impeached and convicted on charges of treason, bribery, or other high crimes and misdemeanors. In the case of the President's removal from office, death, resignation, or inability to discharge the powers and duties of the office, the Vice President shall assume the role of President until a new President is elected.
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The role of the Vice President
The main responsibility of the Vice President, as outlined in Article One, Section Three of the US Constitution, is to serve as President of the Senate. In this role, the Vice President votes on legislation or other motions only when Senators are deadlocked 50-50, breaking the tie. While the Vice President used to actively preside over Senate proceedings, it is now customary for them to only get involved in order to break a tie.
Beyond their constitutional role as President of the Senate, the Vice President also has many visible, informal responsibilities. These vary depending on their relationship with the President but typically include making public appearances and performing ceremonial duties in place of the President. Vice Presidents have also served as important advisers to the President on matters of foreign policy, the environment, and other significant issues. Recent vice presidents have been delegated authority by presidents to handle significant issue areas independently.
The Vice President is indirectly elected at the same time as the President to a four-year term by the people of the United States through the Electoral College. The presidential candidate selects their running mate in the lead-up to the presidential election, and voters then choose the President and Vice President as a "single package" on a joint ticket. While the exact nature of the role varies in each administration, the President cannot dismiss the Vice President.
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The House of Representatives
In the United States, the House of Representatives is composed of representatives who, according to the Uniform Congressional District Act, represent single-member congressional districts allocated to each state based on population as measured by the United States census. Each district has at least one representative, provided the state is entitled to them. All representatives have been directly elected since its inception in 1789. Suffrage was initially limited but gradually widened, especially after the ratification of the Nineteenth Amendment and the civil rights movement. The presiding officer is the speaker of the House, who is elected by the members. The House meets in the south wing of the United States Capitol. The rules of the House generally address a two-party system, with a majority party in government and a minority party in opposition.
Congress's structure was a contentious issue among the founders during the Constitutional Convention. Edmund Randolph's Virginia Plan, which called for bicameral legislation with proportional representation in the House and equal state representation in the Senate, received support from delegates from several large states, including Massachusetts, Pennsylvania, and Virginia. Smaller states, however, favoured the New Jersey Plan, which proposed a unicameral Congress with equal representation for the states. The Convention ultimately reached the Connecticut Compromise or Great Compromise, under which the House of Representatives would provide representation proportional to each state's population, and the Senate would provide equal representation for the states.
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The Senate
The United States Senate, as outlined in the Constitution, is a crucial component of the nation's legislative branch, alongside the House of Representatives. The Senate is designed to represent the interests of individual states, with each state electing two senators to serve six-year terms. This ensures that each state has equal representation in the Senate, regardless of its population size.
One of the key roles of the Senate is its advice and consent function regarding treaties and appointments. According to the Constitution, the President requires the "Advice and Consent of the Senate" to make treaties, with two-thirds of senators concurring. This check and balance mechanism ensures that the executive and legislative branches work together in foreign affairs. Similarly, the Senate must advise and consent to the President's appointments of federal judges and senior government officials.
The composition and election of the Senate are outlined in the Constitution. Each state's electorate chooses two senators, and senators must meet specific qualifications, including being at least thirty years old, a citizen of the United States for nine years, and an inhabitant of the state they represent. The Vice President of the United States serves as the President of the Senate but only casts a vote in the case of a tie. The Senate also chooses its officers, including a President pro tempore, who presides in the absence of the Vice President.
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Amendments
The process of amending the US Constitution is a challenging and lengthy one. Since its creation, there have been thousands of proposed amendments, but only 17 amendments have been ratified in addition to the Bill of Rights. The most recent amendment, Article XXVII, was proposed in 1789 and ratified in 1992, dealing with congressional pay raises.
For an amendment to become part of the Constitution, it must first pass through Congress and then be ratified by three-fourths of the states (38 out of 50 states). This process ensures that any changes to the nation's foundational document reflect the will of the majority of the country.
The Constitution has 27 amendments, each addressing specific aspects of governance and rights. For example, the 12th Amendment modifies Article II, tacitly acknowledging political parties and the process of selecting the President and Vice President. The 25th Amendment further clarifies the procedures related to the office of the President, including succession in cases of removal, death, or inability to serve.
Another important amendment is the Congressional Apportionment Amendment, which aims to establish a formula for determining the appropriate size of the House of Representatives. However, this amendment is still pending ratification, highlighting the rigorous nature of the amendment process.
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