Jonah Patel
The United States Constitution, originally written on five pages of parchment by Jacob Shallus, is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The Constitution's main provisions include seven articles that define the basic framework of the federal government. Article II vests executive power in the office of the presidency, with the president being selected by an electoral college to serve a four-year term. Article III places judicial power in the hands of the courts, with the Supreme Court of the United States as the final court of appeal. Article IV deals with relations between the states and privileges of state citizens, including the full faith and credit clause and the guarantee of a republican form of government for each state. The elastic clause in Article I, Section 8, grants Congress the authority to make laws necessary for executing the powers of the national government. Article V outlines the process for amending the Constitution, requiring a two-thirds majority in both the Senate and the House of Representatives or a national convention called by two-thirds of state legislatures.
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What You'll Learn
The executive power of the president
The United States Constitution grants extensive powers to the President, who also acts as the head of the executive branch of the federal government. The President is responsible for overseeing the execution of laws passed by the
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The role of Congress
Article I of the U.S. Constitution establishes the legislative branch of the federal government, the United States Congress. Congress consists of a Senate and a House of Representatives.
Article I grants Congress enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. It establishes the procedures for passing a bill and places limits on the powers of Congress and the states from abusing their powers.
Congress has the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. It can also raise and support armies, but no appropriation of money for this purpose can be for a longer term than two years. Congress may also provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.
Congress has the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. The migration or importation of persons into a state shall not be prohibited by Congress prior to 1808, but a tax or duty may be imposed on such importation, not exceeding $10 for each person. Congress may not pass a bill of attainder or ex post facto law, nor can it lay a capitation or other direct tax unless in proportion to the census or enumeration.
Congress shall assemble at least once a year, and this meeting shall be on the first Monday in December unless a different day is appointed. Each House is the judge of the elections, returns, and qualifications of its members, and a majority constitutes a quorum to do business. Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and expel a member with a two-thirds concurrence. Each House shall keep a journal of its proceedings and publish the same, excepting parts that require secrecy.
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The judicial power of the courts
The Constitution of the United States of America is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The US Constitution is the first permanent constitution and is interpreted, supplemented, and implemented by a large body of federal constitutional law. It has influenced the constitutions of other nations.
Article III of the US Constitution places judicial power in the hands of the courts. The Constitution is interpreted by the courts, and the Supreme Court of the United States is the final court of appeal from the state and lower federal courts. The power of American courts to rule on the constitutionality of laws, known as judicial review, is held by few other courts in the world and is not explicitly granted in the Constitution. The principle of judicial review was first asserted by Supreme Court Chief Justice John Marshall in Marbury v. Madison (1803), when the court ruled that it had the authority to void national or state laws.
The Supreme Court, as the highest judicial authority, holds the ultimate power to interpret the Constitution. This power of judicial review allows the Court to examine the constitutionality of laws and government actions, striking down those that violate the Constitution. The Court's decisions set precedents that guide lower courts and shape the understanding of constitutional rights.
The judicial branch's independence is essential to its function, with judges and justices serving life terms and protected from influence by the other branches of government. This independence ensures that the courts can impartially interpret the law and protect the rights of individuals and minorities, even in the face of popular opposition or political pressure.
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The rights of citizens
The US Constitution, with its first 10 amendments known as the Bill of Rights, was established to safeguard citizens' rights and limit the powers of the government. The Bill of Rights guarantees civil rights and liberties to individuals, including freedom of speech, press, and religion, and sets rules for due process of law. It also specifies that any rights not specifically mentioned in the Constitution are still retained by the people.
The First Amendment provides several rights protections, including freedom of speech, press, and religion. It also protects the right to assemble or gather with a group to protest or for other reasons and the right to petition the government to address problems. Additionally, it prevents the government from creating or favouring a particular religion.
The Second Amendment grants citizens the right to bear arms.
The Fourth Amendment protects citizens' right to privacy and freedom from unreasonable government intrusion into their homes by requiring government officials to obtain a warrant before conducting a search or seizure.
The Ninth Amendment states that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people that are not explicitly mentioned. This amendment was included to address the concern that the federal government might claim that rights not listed in the Bill of Rights were not protected.
The Tenth Amendment reinforces the principle of federalism by stating that powers not delegated to the federal government by the Constitution are reserved for the states or the people.
The Fourteenth Amendment, passed after the Civil War, was crucial in extending liberties and rights to formerly enslaved people and guaranteeing equal civil and legal rights to Black citizens. It also granted citizenship to "all persons born or naturalized in the United States." This amendment ensured that no state could deprive any person of life, liberty, or property without due process of law and guaranteed equal protection under the law.
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The amendment process
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. Amendments to the US Constitution are appended to the document, unlike amendments to many other constitutions worldwide.
Proposals to amend the Constitution must be properly adopted and ratified before they can be implemented. There are two procedures for adopting the language of a proposed amendment: either by Congress, with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention, which occurs whenever two-thirds of state legislatures collectively call for one.
There are also two procedures for ratifying a proposed amendment: three-fourths of the states (38 out of 50) must approve, either through the consent of state legislatures or the consent of state ratifying conventions. The ratification method is chosen by Congress for each amendment. State ratifying conventions have only been used once, for the 21st Amendment.
The original US Constitution was handwritten on five pages of parchment by Jacob Shallus. It was signed on September 17, 1787, and ratified on June 21, 1788. Within three days of its signing, the Constitution was submitted to the Congress of the Confederation, then sitting in the nation's temporary capital of New York City. Members of Congress had the power to reject it, but they voted unanimously to forward the proposal to the 13 states for their ratification.
The state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation, which required unanimous approval of all the states. Instead, Article VII of the proposed Constitution called for ratification by just nine of the 13 states—a two-thirds majority.
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