Omar Bennett
The United States Constitution established a federal legislature, consisting of a bicameral national legislature, or a legislature consisting of two houses: the Senate and the House of Representatives, which together form the United States Congress. The Constitution grants Congress the authority to enact legislation, declare war, and confirm or reject Presidential appointments. The Constitution also enumerates the powers of Congress and the specific areas in which it may legislate, including regulating commerce, establishing post offices, and levying taxes. The separation of powers established in the Constitution divides the responsibilities of the legislature, the executive, and the judiciary, with the President serving as the chief executive and commander-in-chief, and Congress having the power to set the number of justices on the Supreme Court.
| Characteristics | Values |
|---|---|
| Number of houses | 2 (bicameral legislature) |
| Powers | Enact legislation, declare war, confirm or reject Presidential appointments, investigative powers, establish an annual budget, levy taxes and tariffs, authorize borrowing, mandate spending, regulate commerce, pass laws, establish Post Offices and post roads, define and punish piracies and felonies on the high seas |
| House of Representatives | 435 elected members, divided among 50 states in proportion to their total population, 6 non-voting members representing Washington D.C., Puerto Rico, and 4 other U.S. territories |
| Senate | 100 Senators, 2 from each state, elected to 6-year terms, with staggered elections every 2 years, must be 30 years of age, U.S. citizens for 9 years, and residents of the state they represent |
| Appointments | Power to appoint officers and elect a president pro tempore to preside in the absence of the Vice President |
| Cloture Rule | Established in 1917 to cut off filibusters, initially requiring a two-thirds majority vote |
| Supreme Court | Congress sets the number of justices and creates lower federal courts |
| Federal Law | Supreme law of the land, taking precedence over state law and court decisions |
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What You'll Learn
The Great Compromise
The United States Congress, established by Article I of the US Constitution, consists of the House of Representatives and the Senate. The Constitution grants Congress the authority to enact legislation, declare war, confirm or reject Presidential appointments, and exercise investigative powers.
The Virginia Plan, drafted by James Madison and introduced by Edmund Randolph, proposed the creation of a bicameral legislature with "rights of suffrage" in both houses proportional to the size of the state. However, delegates from smaller states objected to this idea, arguing that each state should have equal representation in the Senate. The Great Compromise addressed this issue by establishing equal representation in the Senate, with each state having two members, and proportional representation in the House of Representatives, with the number of representatives based on state population.
The Compromise also included a provision that revenue and spending bills would originate in the House of Representatives. This was proposed by Benjamin Franklin of Pennsylvania and supported by delegates from smaller states, who wanted to ensure that financial matters were controlled by the chamber providing proportional representation.
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Congressional representation
The United States Constitution establishes a bicameral Congress, consisting of the House of Representatives and the Senate, as the legislative branch of the federal government. This system, known as the "Great Compromise" or the "Connecticut Compromise," ensures equal representation in the Senate and proportional representation in the House of Representatives.
The House of Representatives is composed of members chosen every second year by the people of the states. Each state's number of representatives is proportional to its total population, with a minimum age requirement of 25 years and citizenship requirements. The House has the power to impeach the President and can pass bills with a simple majority.
The Senate, on the other hand, provides equal representation for all states, with two senators from each state. Senators were initially chosen by state legislatures, but the 17th Amendment changed this to direct election by the people. The Senate has the sole power to confirm certain presidential appointments and ratify treaties, and plays a crucial role in the legislative process, with the ability to filibuster and delay votes on bills.
The powers of Congress, as outlined in Article I of the Constitution, include the authority to enact legislation, declare war, confirm or reject presidential appointments, and conduct investigations. Congress also holds the "power of the purse," including the ability to levy taxes, borrow money, and authorize spending. Additionally, Congress has jurisdiction over federal property and non-state territories of the US.
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Separation of powers
The US Constitution establishes a legislature based on the principle of the separation of powers. This principle divides the federal government into three branches: the legislative, the executive, and the judicial.
The legislative branch, as outlined in Article I of the Constitution, is bicameral, consisting of the House of Representatives and the Senate. The House of Representatives is made up of members 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 to each state, with two senators from each state. The powers of the legislative branch include the ability to make laws, regulate elections, establish rules for governing non-state territories, and more.
The executive branch, as per Article II, is headed by the President and their subordinate officers. The powers and responsibilities of the executive branch include executing the laws made by the legislative branch, declaring war, making treaties, and acting as the commander-in-chief of the armed forces.
The judicial branch, established by Article III, consists of the Supreme Court and other federal courts. The judicial branch has the power to interpret the laws, review the actions of the other two branches to ensure they conform to the Constitution, and decide on constitutional issues.
The separation of powers is further reinforced by the system of checks and balances, where each branch has certain powers to balance the powers of the other branches and prevent any one branch from becoming too powerful. This system ensures that the federal government functions effectively while also protecting the rights and liberties of the people.
The Constitution also outlines the rights and responsibilities of state governments and their relationship with the federal government, emphasizing federalism and the balance of power between the states and the central government. The amendment process, outlined in Article V, also plays a crucial role in the evolution of the legislature, allowing for necessary changes to be made over time.
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Presidential role
The US Constitution establishes a federal government divided into three branches, with the first three articles embodying the doctrine of the separation of powers. The legislative branch consists of a bicameral Congress, the executive branch is formed of the President and subordinate officers, and the judicial branch is made up of the Supreme Court and other federal courts.
The President's role, as outlined in Article II, is to head the executive branch of the government. This branch is responsible for executing and enforcing the laws created by the legislative branch. The President is also the commander-in-chief of the armed forces, with the power to appoint and remove officials, and to conclude treaties with the approval of the Senate.
The President's role in the legislative process is limited to proposing and approving laws. The President cannot introduce legislation directly but can propose laws to Congress, which has the power to enact them. The President also has the power to veto laws passed by Congress, which can be overridden by a two-thirds majority vote in both houses of Congress.
The President's role in the executive branch is to oversee the execution of the laws and to appoint key officials, such as Cabinet members and federal judges, with the advice and consent of the Senate. The President is also responsible for conducting foreign policy, including negotiating and concluding treaties, which again require the advice and consent of the Senate.
The President's role in the judicial branch is limited, as the Supreme Court and other federal courts are independent of the executive branch. However, the President does appoint federal judges, including Supreme Court justices, with the advice and consent of the Senate. The President can also grant pardons and reprieves, commute sentences, and issue executive orders within the scope of their executive authority.
The US Constitution also establishes the role of the Vice President, who is the President of the Senate and can cast a tie-breaking vote. The Vice President becomes the Acting President if the President is removed, dies, resigns, or is unable to discharge their powers and duties.
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Federal law and state law
The US Constitution establishes a federal system of government, with a national legislature and state legislatures. The federal legislature, or Congress, is granted specific powers to make laws and declare war, while state legislatures retain authority over certain areas, including elections and state-specific laws.
Federal Law
The US Constitution establishes a federal system of government, with the national government, or federal government, having supreme authority over all states. The First Article of the Constitution establishes the legislative branch of the federal government, consisting of the House of Representatives and the Senate, which together form the United States Congress. Congress is granted the sole authority to enact legislation and declare war, as well as the power to confirm or reject many presidential appointments.
Congress is also empowered to enact laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution. This includes the establishment of an annual budget, levying taxes, and authorizing borrowing. Additionally, Congress has investigative powers and can mandate spending on specific items.
State Law
While the federal government has supreme authority, the US Constitution also recognizes the role of state governments and grants them certain powers. The Constitution outlines the rights and responsibilities of state governments and their relationship to the federal government. State legislatures are responsible for setting the times, places, and manner of holding elections for their state's representatives in Congress. They also have the power to make laws and policies specific to their state, as long as they do not conflict with federal laws or the Constitution.
The process of amending the Constitution involves both federal and state governments. Proposals to amend the Constitution must be properly adopted and ratified before they can be implemented. This often involves collaboration and agreement between federal and state legislators.
In summary, the US Constitution establishes a federal system with a national legislature and state legislatures. Federal law takes precedence and Congress has broad powers to enact legislation, while state legislatures retain authority over certain areas and can influence the amendment process.
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Frequently asked questions
The US Constitution established a bicameral national legislature, consisting of two houses: the House of Representatives and the Senate.
The House of Representatives is made up of elected members, with the number of representatives from each state being proportional to the state's population.
The Senate has two representatives from each state, regardless of population size. Senators are elected to six-year terms, with staggered elections so that around one-third of the Senate is up for reelection every two years.
Congress has the sole authority to enact legislation, declare war, and confirm or reject many presidential appointments. It also has investigative powers and can mandate spending on specific items.
The President serves as the chief executive and commander-in-chief of the military and proposes legislation. However, they depend on Congress for funding and must get their appointments and bills approved.
