Omar Bennett
The US Constitution, beginning with the words We the People, consists of a preamble, seven articles, and 27 amendments. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial. The legislative branch consists of a bicameral Congress, the executive branch consists of the president and subordinate officers, and the judicial branch includes the Supreme Court and other federal courts. The Constitution also outlines the US judicial system, with Article III describing the court system and protecting the right to a trial by jury in criminal cases. The first 10 amendments to the Constitution are known as the Bill of Rights.
| Characteristics | Values |
|---|---|
| Number of articles | 7 |
| Doctrine | Separation of powers |
| Legislative | Bicameral Congress (Article I) |
| Executive | President and subordinate officers (Article II) |
| Judicial | Supreme Court and other federal courts (Article III) |
| Federalism | Rights and responsibilities of state governments, the states in relation to the federal government, and the shared process of constitutional amendment (Articles IV, V, VI) |
| Ratification | Procedure for the 13 states to ratify (Article VII) |
| 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, do ordain and establish this Constitution for the United States of America." |
| Amendments | 27, with the first 10 known as the Bill of Rights |
| House of Representatives | Members chosen every second year by the people of the states |
| Electors | Qualifications are those required for electors of the most numerous branch of the state legislature |
| Representatives | Must be at least 25 years old, have been a citizen of the United States for 7 years, and be an inhabitant of the state they are chosen to represent |
| Judicial power | Extended to all cases in law and equity arising under the Constitution, laws of the US, and relevant treaties; cases affecting ambassadors, public ministers, and consuls; admiralty and maritime jurisdiction; and controversies involving the US, multiple states, or citizens of different states or the same state |
| Supreme Court | Original jurisdiction in all cases affecting ambassadors, public ministers, and consuls, and those in which a state is a party |
| Federal courts | Granted criminal and civil contempt powers by the Constitution |
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What You'll Learn
The federal government's basic framework
The original US Constitution, ratified on June 21, 1788, and superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution's seven articles define the basic framework of the federal government.
The first three articles embody the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The legislative branch, consisting of the bicameral Congress (Article I), is responsible for creating laws. The executive branch, led by the President (Article II), enforces the laws. The judicial branch, including the Supreme Court and other federal courts (Article III), interprets the laws and ensures justice.
Article I establishes the legislative branch, with the House of Representatives and the Senate making up the Congress. It outlines the process for electing representatives and the qualifications required. It also specifies that all legislative powers are vested in Congress, which includes the power to create lower courts and enact laws defining crimes and punishments.
Article II establishes the executive branch, with the President at its head. It outlines the powers and responsibilities of the President, including the role of Commander-in-Chief of the military. It also addresses the process of selecting the President and the role of the Vice President.
Article III establishes the judicial branch, with the Supreme Court and lower federal courts. It describes the types of cases the courts have jurisdiction over and outlines the right to a trial by jury in criminal cases. It also defines the power of the judicial branch to interpret and apply the law, as well as the authority to punish and resolve conflicts.
The remaining articles, IV through VII, embody the concepts of federalism and describe the rights and responsibilities of state governments and their relationship with the federal government. They outline the process of constitutional amendment and the procedure for ratification by the states.
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Legislative, executive and judicial branches
The original US Constitution, ratified on June 21, 1788, and superseded by the Articles of Confederation on March 4, 1789, included seven articles that defined the basic framework of the federal government. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
Legislative Branch
The legislative branch, outlined in Article I, consists of a bicameral Congress, including the Senate and the House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the states. The electors in each state must meet the qualifications required for electors of the most numerous branch of the state legislature. Representatives must be at least 25 years old, have been citizens of the United States for at least seven years, and be inhabitants of the state in which they are chosen.
Executive Branch
Article II outlines the executive branch, which consists of the President and subordinate officers.
Judicial Branch
Article III describes the judicial branch, which includes the Supreme Court and other federal courts. This article outlines the kinds of cases the court takes as original jurisdiction. Congress can create lower courts and an appeals process and enacts laws defining crimes and punishments. Article Three also protects the right to a trial by jury in all criminal cases and defines the crime of treason. The judicial power of the United States is vested in the federal courts, granting them the authority to interpret and apply the law to specific cases. The Constitution outlines the US judicial system, with further details filled in by the Judiciary Act of 1789.
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Federalism and state rights
The original US Constitution, which superseded the Articles of Confederation, included seven articles that defined the basic framework of the federal government. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
Articles IV, V, and VI embody the concepts of federalism and state rights. Federalism refers to the division and sharing of power between the national and state governments. The Constitution sought to establish a unified national government with limited powers while allowing state governments to exercise autonomy in certain areas.
The Supremacy Clause of Article VI resolved conflicts between state and federal law in favour of the federal government, declaring federal law the "supreme Law of the Land". However, the Supremacy Clause only applies if the federal government is acting within its constitutionally authorised powers. In the McCulloch v. Maryland case in 1819, the Supreme Court affirmed that federal laws adopted when exercising constitutional powers take precedence over conflicting state laws.
The Constitution also provided for equal representation for each state in the Senate, with state legislators generally choosing their respective senators. This balanced representation ensured that states retained a degree of influence in the federal government.
Federalism allows individual states to experiment with novel government programs and policies, functioning as "laboratories of democracy". It also increases the accountability of elected officials to citizens by creating two distinct lines of political accountability: one between citizens and the federal government, and another between citizens and the states.
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Ratification procedure
Ratification is the process of reviewing, confirming, and approving a formal agreement. The original U.S. Constitution, composed of the Preamble, seven articles, and 27 amendments, was signed on September 17, 1787, and ratified on June 21, 1788. Article VII of the Constitution establishes the procedure used by the 13 states to ratify it.
The ratification process for the U.S. Constitution was a complex and lengthy endeavour that involved multiple steps and the participation of various stakeholders. Here is an overview of the key steps involved in the ratification procedure:
- Proposal and Drafting: The process began with the proposal and drafting of the Constitution. The Founding Fathers, comprising delegates from 12 states, convened in Philadelphia in 1787 for the Constitutional Convention. They debated, discussed, and drafted the document that would become the U.S. Constitution. This process involved compromising and negotiating to reconcile differing interests and viewpoints.
- Signature and Endorsement: Once the document was finalised, it was signed by the delegates who created it. This step signified their endorsement and agreement to the terms outlined in the Constitution. The signatures also served as a commitment to work towards its ratification and implementation.
- Submission to State Legislatures: After the signing, the proposed Constitution was submitted to the state legislatures for their consideration and ratification. Each state had its own process for reviewing and debating the document. The state legislatures played a crucial role in evaluating the merits of the Constitution and deciding whether to adopt it.
- Debate and Deliberation in State Legislatures: Within the state legislatures, there were extensive debates and deliberations regarding the proposed Constitution. Federalists and Anti-Federalists presented their arguments, highlighting the advantages and disadvantages of adopting the new framework of government. This process allowed for a thorough examination of the Constitution's provisions and their potential impact on the states and the nation as a whole.
- Voting and Ratification by States: Each state held a vote to decide whether to ratify the Constitution. The criteria for ratification varied, with some states requiring a simple majority, while others demanded a supermajority or a specific number of votes. As per Article VII, the states' ratification process was crucial, as it determined whether the Constitution would come into effect.
- Establishment of the Constitutional Framework: Once a sufficient number of states had ratified the document (nine out of the 13 original states were required), the framework for the new federal government was established. This included the creation of the three branches of government: the legislative branch (bicameral Congress), the executive branch (President and subordinate officers), and the judicial branch (Supreme Court and other federal courts).
- Implementation and Transition: With the Constitution ratified, the focus shifted to implementing its provisions and transitioning to the new system of government. This involved establishing the federal government's structures, processes, and procedures, as outlined in the ratified document. The ratification process concluded with the full implementation of the Constitution, marking the beginning of a new era in American governance.
The ratification procedure for the original U.S. Constitution was a meticulous and collaborative effort that involved careful consideration, debate, and consensus-building. It reflected the complex nature of establishing a unified nation with a balanced system of government, protecting individual liberties, and ensuring the representation of states' rights and interests.
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Amendments and the Bill of Rights
The original US Constitution, which came into force on March 4, 1789, included a preamble and seven articles. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).
The US Constitution has been amended 27 times. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Amendments 1–10 constitute the Bill of Rights, which includes essential protections for individual liberty and limits on the powers of the federal government.
The Bill of Rights includes the right to free speech, freedom of religion, the right to keep and bear arms, protection against unreasonable searches and seizures, the right to due process of law, and the right to trial by jury, among others. These rights are widely considered to be fundamental to American democracy and liberty.
The remaining 17 amendments address a range of issues, including the abolition of slavery, the establishment of the income tax, and the extension of voting rights. The process of amending the Constitution is outlined in Article V, which describes the shared process of constitutional amendment between the states and the federal government.
The US Constitution, with its amendments, continues to be a living document that adapts to the evolving needs and values of American society. The Bill of Rights, in particular, has had a profound impact on the development of civil liberties and the protection of individual rights in the United States.
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Frequently asked questions
"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, do ordain and establish this Constitution for the United States of America."
The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative (the bicameral Congress), the executive (the president and subordinate officers), and the judicial (the Supreme Court and other federal courts). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure used by the 13 states to ratify the Constitution.
The first 10 amendments to the Constitution are known as the Bill of Rights.
Article III describes the court system, including the kinds of cases the court takes as original jurisdiction. The judicial branch has the power to punish, sentence, and direct future action to resolve conflicts. The Constitution grants federal courts both criminal contempt and civil contempt powers.
