Jonah Patel
The Constitution of the United States is the supreme law of the land, superseding the nation's first constitution, the Articles of Confederation, in 1789. It is composed of four sections: an introductory paragraph, or Preamble, which outlines the purposes of the government; seven Articles that define the framework of the government; an untitled closing endorsement with the signatures of 39 framers; and 27 Amendments, the first 10 of which are known as the Bill of Rights. 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 remaining four Articles describe the relationship between the states and the Federal Government, and outline the processes for amending and ratifying the Constitution.
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What You'll Learn
The Preamble
The United States Constitution is composed of a preamble, seven articles, and 27 amendments. The preamble, the introductory paragraph of the Constitution, outlines the intentions of the new government. It reads:
> "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."
By stating these purposes, the preamble provides a guiding framework for the interpretation and application of the Constitution. It sets the tone and direction for the subsequent articles and amendments, which further elaborate on the structure and functioning of the government in pursuit of these stated goals. Amendments to the Constitution are appended to the document, with the first 17 amendments expanding individual civil rights protections and addressing issues related to federal authority and government processes.
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Seven Articles
The United States Constitution, the country's supreme law, consists of four sections: an introductory paragraph, a list of seven articles, an untitled closing endorsement, and 27 amendments. The seven articles make up the structural constitution, which was signed on September 17, 1787, and ratified on June 21, 1788. The first three articles establish the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The first article, Legislative, consists of the bicameral Congress, which is divided into two parts, or "houses": the House of Representatives and the Senate. Each House is responsible for judging the elections, returns, and qualifications of its members, determining the rules of its proceedings, and keeping a journal of its proceedings. The legislative branch is responsible for making laws.
The second article, Executive, consists of the President and subordinate officers. This article outlines the process for choosing the President and Vice President, including the requirement that the President be a natural-born citizen and at least 35 years old.
The third article, Judicial, consists of the Supreme Court and other federal courts. This article establishes the Judicial Branch with the Supreme Court as the highest court in the federal court system. Federal judges are appointed for life unless they commit a serious crime.
Articles four through seven describe the relationship of the states to the federal government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes. Article IV outlines the states' powers in relation to each other, including their authority to create and enforce their own laws while respecting and helping to enforce the laws of other states. Article V explains the amendment process, which requires a two-thirds vote in both the Senate and the House of Representatives before an amendment can be sent to the state legislatures for a vote. Article VI states that federal law is supreme to state and local laws, and Article VII describes the ratification process for the Constitution, requiring nine states to enact it.
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Amendments
The US Constitution has 27 amendments, beginning with the Bill of Rights, which consists of the first 10 amendments. Amendments to the US Constitution are appended to the document, unlike amendments to many constitutions worldwide. The majority of the 17 later amendments expand individual civil rights protections, while others address federal authority or modify government processes and procedures.
Article V of the Constitution outlines the amendment process, which is different and more difficult than the process for making laws. When two-thirds of the Senate and two-thirds of the House of Representatives vote to change the Constitution, an amendment goes to the state legislatures for a vote. Two-thirds of the state legislatures can submit an application to Congress, after which Congress calls a national convention at which states propose amendments. Three-fourths of the state legislatures or state conventions must vote in favor of an amendment to ratify it.
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Separation of Powers
The US Constitution establishes three separate but equal branches of government: the legislative branch, the executive branch, and the judicial branch. The legislative branch makes the law, the executive branch enforces the law, and the judicial branch interprets the law. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into these three branches.
The legislative branch is vested in Congress, which consists of a Senate and a House of Representatives. All legislative powers are to be exercised in accordance with a single, finely wrought and exhaustively considered procedure. This procedure is an integral part of the constitutional design for the separation of powers. Congress may not delegate its lawmaking responsibilities to any other agency. For instance, in Clinton v. City of New York (1998), the Supreme Court held that Congress could not delegate a "line-item veto" to the President.
The executive power is vested in the President, who becomes the Commander-in-Chief of the Army and Navy and the Militia of several states when called into service. The President has the power to make treaties and appointments to office with the "advice and consent" of the Senate, receive ambassadors and public ministers, and ensure that laws are faithfully executed. The President may not, by issuing an executive order, usurp the lawmaking powers of Congress.
The judicial power is vested in the Supreme Court and any lower courts created by Congress. The Supreme Court has the authority of judicial review over Acts of Congress. It decides Constitutional issues of state law only on a case-by-case basis and only by strict Constitutional necessity, independent of state legislators' motives, their policy outcomes, or its national wisdom.
The Framers structured the government in this way to prevent one branch from becoming too powerful and to create a system of checks and balances. Each branch has its own authority but also depends on the authority of the other branches for the government to function. This system of healthy tensions among the branches has a stabilizing effect on democracy.
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Federalism
The Constitution's seven articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The first three articles outline these three branches and their respective powers. The legislative branch consists of a bicameral Congress (Article I); the executive branch is led by the President (Article II); and the judicial branch comprises the Supreme Court and other federal courts (Article III).
Articles IV, V, and VI embody the principles of federalism, outlining the rights and responsibilities of state governments and their relationship with the federal government. Article IV grants states the authority to create and enforce their own laws while also requiring them to respect and enforce the laws of other states. Congress can pass federal laws to ensure states honour the laws of their counterparts. Article V explains the process for amending the Constitution, which is more complex than the process for making laws. Amendments require a two-thirds majority vote in both the Senate and the House of Representatives, followed by ratification by three-fourths of the state legislatures or state conventions. Article VI establishes the supremacy of federal law over state and local laws. This means that in cases of conflict between federal and state laws, federal law takes precedence.
The Constitution also includes a preamble, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments. The preamble outlines the purposes of the government, including establishing justice, ensuring domestic tranquility, providing for the common defence, and promoting the general welfare. The amendments, beginning with the Bill of Rights, expand individual civil rights protections, address issues related to federal authority, and modify government processes.
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Frequently asked questions
The US Constitution has four major sections: an introductory paragraph called the Preamble, seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 Amendments that have been adopted under Article V.
The Preamble is the Constitution's introductory paragraph, which lays out the purposes of the new government. It begins with the words "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..."
The seven Articles describe the way the government is structured 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). Articles four through seven describe the relationship of the states to the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes.
The 27 Amendments to the Constitution expand individual civil rights protections, address issues related to federal authority, and modify government processes and procedures. The first 10 Amendments are known as the Bill of Rights.
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